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Crowdyvest - Terms of Use CV 3.0.docx
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  1. Introduction

By signing up to this website, you agree and accept our terms of use.

  1.  About Us

Crowdyvest is a financial technology platform that operates automated savings and investments available through our website and mobile applications. This Terms of Use is an agreement between you and Crowdyvest.

  1. Definitions

For the purpose of this Policy: 

  1. Personal Data/Information means any information relating to you, including your name, identification number, location data, online identifier address, photo, email address, pins, passwords, bank details, posts on our Platforms, religion, date of birth, health, race/tribe, nationality, ethnicity, political views, trade union membership, criminal records, medical information, and other unique identifiers such as but not limited to MAC address, IP address, IMEI number, Bank Verification Number, IMSI number, SIM and others. It also includes factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

  1. Process/Processing means any operation or set of operations which is performed on your Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

  1. Account

2.1. Eligibility

You must be 18 years or older to access our services on our website or mobile application. By signing up to our services on our website or mobile application (the “Platforms”), you warrant that you are 18 years or older.

2.2. Access & Security

You create an account when you sign up to our services either through the website or mobile application. Your password, pin or biometrics will regulate your access to your Crowdyvest account. By accessing the website or mobile application, you consent to using your password, pin or biometric to access the services which we provide via the Platforms. You also consent to receiving via electronic means all communications and notices which we are required by law to provide to you. You also agree to receive our product offerings (new or old) via the same means.

You shall not allow anyone else have or use your password details and you shall comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Crowdyvest will not be liable to you for any losses or damages that may occur.

You agree that your consent will remain in effect until you withdraw your consent as specified under this Terms of Use.

2.3. No Investment Advice

By accessing the services through the Platform you understand and agree that the investment offerings and financial insights displayed on the Platform by Crowdyvest cannot be guaranteed and that Crowdyvest cannot be held responsible in any event of loss. You understand that all investments are prone to risk of loss, the decision to access any services provided via the Platform is at your sole discretion and elected risk. Your election to engage our savings and investment services are subject to your explicit enrollment and acceptance of this Terms of Use. You further agree that your use of the Platform or the services that can be accessed via the Platforms is for investment research purposes only and is not intended to provide legal, tax or financial planning advice.

You agree as a user to be responsible for your own investment research and investment decisions and that Crowdyvest does not hold itself, the services or its Platform as fail-proof. Except as otherwise provided in this Terms of Use, Crowdyvest shall not be liable for actions the user takes or that third parties using your account on the Platforms.

  1. Disclaimer & Indemnity

WE TRY TO KEEP OUR WEBSITE AND MOBILE APPLICATION SAFE AND BUG FREE AT ALL TIMES. HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTY (INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CROWDYVEST MAKES NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO FINANCIAL ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU THROUGH OUR WEBSITE OR MOBILE APPLICATION OR FROM CROWDYVEST, ITS SUBSIDIARIES, AFFILIATES OR ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

You agree to indemnify and hold Crowdyvest, its directors, officers, employees, agents, licensors, harmless from and against any claims, actions or demands, liabilities and settlement including without limitation legal and accounting fees, resulting from your failure to comply with this Terms of Use.

  1. Limitation of Liability

You expressly understand and agree that Crowdyvest, including its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Crowdyvest has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the services (b) failure or delay in providing the services (c) any performance or non-performance by Crowdyvest (d) any damages to or viruses that may infect your electronic devices or other property as the result of your access and use of our services (e) server failure or otherwise or in any way relating to the services.

  1. Termination

You may terminate this Terms of Use at any time subject to the maturity of your plans, by closing your Crowdyvest Account.

Crowdyvest reserves the right to suspend your Crowdyvest account and your access to Crowdyvest services if;

  1. We are required to do so at any time by law.
  2. You fail to comply with the provisions of this Terms of Use.
  3. We choose to discontinue the services being offered or discontinue to operate the Platforms.
  4. Non-payment of outstanding amounts.
  5. Where any fraudulent transaction occurs.

  1. Applicable Laws and Dispute Resolution

This Terms of Use shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.

In the event of any dispute, attempts shall be made to solve such disputes amicably failure of which it shall be referred to the Lagos State Multidoor Court House for Arbitration.

Smear Campaign

In the event that there is a dispute or perceived grievance in relation to the use of the Platforms or our services, you hereby undertake to take the dispute resolution process highlighted in above or cause a notice of complaint to be issued to us via info@crowdyvest.com for resolution of said dispute or perceived grievance.

You further undertake to not embark on a smear campaign against us or any of the service providers on the Platforms. You agree that smear campaigns and disparaging comments are injurious to our brand and goodwill, consequently, you agree to resolve any issues or complaint through the approved channel provided above.

Without prejudice to any provision under this Agreement, nothing shall preclude Crowdyvest from taking legal action against any user or persons relating or affiliated to the user who are in breach of the provisions under this clause. The user fully understands that monetary compensation shall not be enough to remedy a breach under this clause and therefore undertakes to cooperate with Crowdyvest in effecting any order, ruling or injunction of court aimed at preventing further breach and damage to Crowdyvest and/or persons related or affiliated to Crowdyvest.

  1. Severability

If any of the provisions of this Terms of Use is held to be unenforceable, such provision shall be substituted for an enforceable provision that encompasses the intent and effect of the affected provision.

  1. Communications & Notices

By signing up to our services, you automatically sign up for alerts via email and mobile notification.

All enquiries and grievances can be directed to info@crowdyvest.com.

  1. Amendments & Modifications

We may amend our Terms of Use at any time without recourse or notification to you. We reserve the right to make changes to this Terms of Use as and when required by Crowdyvest. We advise that you check this page often to refer to the last modifications made.

  1. Proprietary Rights of Crowdyvest

You understand, acknowledge and agree that Crowdyvest is the sole owner of all rights, title and interest, including any and all intellectual property rights in the logos, trade names, brand names, designs and any necessary software used in connection with our services except for Third Party logos, trade names, brand names, designs, which applicable proprietary rights shall vest in the third parties accordingly.

There may be proprietary logos, service marks and trademarks found on our website or mobile application whether owned/used by Crowdyvest or otherwise. By displaying them Crowdyvest is not granting you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate applicable intellectual property laws.

Crowdyvest does not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms of Use. We and our third-party licensors retain all rights, titles, and interests in and to the services, the content of the Platforms, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title, from Crowdyvest to you or any third party. You are entitled to avail the services offered by Crowdyvest during the validity of your account with Crowdyvest.

       

  1. Investments and Security for Investments:

Crowdyvest Limited owns and operates a platform for the aggregation of funds (“Investment Funds”) belonging to several individuals, with the aim of investing such funds in viable commercial ventures and enterprises. In this regard, Crowdyvest is (without more) only responsible for management of the investment funds and to ensure that the Investment funds are channeled into the appropriate high yield/low risk commercial ventures.

Crowdyvest Limited will not provide guarantees, collateral, or security in respect of the Investment funds or any part thereof.

All Investment and Savings Funds on the Crowdyvest platform are not subject to pre-liquidation. Funds are only retrieved at maturity.

Interests accrued on the platform will be subject to a withholding tax deduction as provided by the relevant and applicable laws.

  1. Privacy Policy

Crowdyvest Limited (“Crowdyvest”, “we”, “us”, “our”), recognizes your privacy rights as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria, The Nigerian Data Protection Regulation, 2019 and other applicable privacy laws in Nigeria (the “Applicable Law”). In the course of our business and/or your engagement with us and third parties through our Platforms (this includes but are not limited to our websites, digital platforms, mobile applications, physical operations/offices, amongst others), we may process your Personal Data, subject however to the terms of this Policy. 

This Privacy Policy (“Policy”) therefore explains our privacy practices with respect to how we collect, process your Personal Data and describes your rights as a user of any of our services and Platforms in accordance with the Applicable Law. This Policy applies to all our Platforms, and all related sites, applications, services and tools regardless of how they are accessed or used. In this Privacy Policy, “we”, “us” or “our” refers to Crowdyvest Limited and its successors, agents and assigns, while “you”, “your” refers to you and/or any person who subscribes for, uses or authorizes the use of the Service. 

As a user of any of our Platforms, you accept this Privacy Policy when you sign up for, or use our products, services, content, technologies or functions offered on our Platforms and all related sites and services (“Services”). 

Our Privacy Policy explains our user’s privacy rights regarding: 

  1. What information we collect 
  2. Why we collect such information
  3. The use of such information 
  4. The storage, sharing and protection of such information 
  5. Your rights as a data subject.

  1. Consent 

We request that you carefully read through this Policy and click on the ‘Agree’ icon below, if you consent to the terms of this Policy and to the processing of your Personal Data in accordance with the Applicable Law. Provided that, if you proceed to use any of our Platforms and services, it will deemed that you have provided your express consent to the terms of this Policy. 

  1. Age

You must be at least 18 years old to use our services or any of our Platforms. Individuals under the age of 18, or applicable age of maturity, may utilize our Platforms services only with involvement of a parent or legal guardian, under such person’s account. Regardless, all Personal Data which we may process shall be in accordance with this Policy and other applicable laws. 

15. Collection of Personal Data

In the course of registration, access, and/or use of our Platforms, we may collect your Personal Data in the following ways: 

16. Accessing your Personal Information 

When accessing our Platforms, we may collect information about you and your interactions with the Services to which we undertake to keep secure and confidential. We may also collect your Personal Information from your transactions with us.

We may offer you the ability to connect with our Platforms using a mobile device, either through a mobile application (APP), computer, mobile optimized website, or by any other means. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. 

When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or the manufacture of your particular device. 

17. Using Your Personal Information 

In the course of your engagements with us or through our Platforms, we collect personal information for various legal reasons, largely to enable us to personalize your experience and to provide a more efficient service to you. Some of the reasons we collect Information are to:

If we intend to use any Personal Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal information is required and obtain your consent. 

18. Storage and protection of your Data

We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, unauthorized disclosure and alteration. Some of our safeguards include firewall protection, Virtual Private Network (VPN) protection, encryption of data, authorization keys for authorized access and strong passwords. Access to our various platforms is restricted to authorized users only. Your Information is also stored on our secure servers as well as secure physical locations and cloud infrastructure (where applicable).

Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time. 

We will take all necessary measures to ensure that your Personal Data is safe, however, you are also required to ensure that access codes, PINs, passwords, usernames, and all other information or hints that may enable third party access to your accounts on our Platforms are secure. We therefore strongly advise you to keep such information secure and confidential. If you use a third party’s device (laptops, phones, public internet, etc.) to access your account, kindly ensure that you always log out. Kindly note however that certain devices are programmed to save passwords or usernames, as such, we advise that you use third party devices with extreme caution. If you believe that an unauthorized person has accessed your information, please contact us immediately. 

19. Processing your Information 

In order to execute our obligations to you or process your transactions, we may be required to process your Information, such as your name, account number, account ID, contact details, shipping and billing address, or other information needed to complete the transaction. We also work with third parties, including financial institutions, vendors, service providers, who at one point or the other facilitate transactions executed on our Platforms.

For completeness, in the course of your engagement with us or use of our services and Platforms, we may share your information with different stakeholders, including but not limited to financial institutions; service providers; credit bureaus and collection agencies to report account or credit information; Crowdyvest’s affiliates; Regulatory or judicial authorities; or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Crowdyvest. Please note that the aforementioned parties may be within or outside Nigeria. 

We may also process your Information when we believe, in our sole discretion, that the disclosure of your Information is necessary to comply with applicable laws and judicial/regulatory orders; conduct investigations; manage existing or imminent risks, prevent fraud, crime or financial loss, or for public safety or to report suspected illegal activity or to investigate violations of our Terms of Use. 

In all cases, we will use our best efforts to safeguard your information, and notify the receiving party of the confidential nature of your information, particularly the need to maintain the confidentiality of same and prevent unlawful or unauthorized usage. 

20. Your Rights

You have the following rights regarding your personal information collected by us: 

21. Disclosures 

We may share your personal information with: 

  1. Members and affiliates of Crowdyvest to provide joint content, products and services (such as registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services, and communications. Members of the group will use this information to send you marketing communications and opportunities, only if you have consented to receiving same. 
  2. Credit bureaus and collection agencies to report account or credit information, as permitted by law. 
  3. Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Crowdyvest or one of its agents; when we need to do so to comply with law; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreement. 

Other unaffiliated third parties, for the following purposes 

  1. Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk.
  2. Customer Service: for customer service purposes, including to help service your accounts or resolve disputes. 
  3. Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements. 
  4. Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit. 

22. Software

If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. We may utilize your personal information to internally evaluate our software. 

23. Period of Storage 

We retain your information for as long as necessary for the purpose(s) for which it was collected. The period of data storage is also subject to Applicable Law, regulatory, administrative and operational requirements. 

24. Exceptions 

Please note that this Policy does not apply to information that is already in the public domain through no fault of ours. 

25. Violation

If you violate the letter or spirit of this Policy, or otherwise create risk or possible legal exposure for us or attempt to violate the privacy rights of Crowdyvest and/or its other users, we reserve the right to restrict your access to our Platforms. We will notify you in the event that we are constrained to take such decision. 

26. Dispute resolution

We are dedicated to ensuring that you are satisfied with our management of your Information. However, in the unlikely event that you have a complaint, please contact us via info@crowdyvest.com , stating your name and details of your complaint. Upon receipt of your complaint we will endeavor to contact you within 3 (three) working days with a view to amicably resolving such dispute within the shortest possible time.

The foregoing notwithstanding, all disputes arising from this policy shall first be resolved by negotiation. However, if parties fail to resolve the disputes amicably by such mutual consultations, parties shall further attempt to resolve the dispute by mediation.

27. Miscellaneous

Our working hours are between 8am to 4pm on Mondays to Fridays (excluding weekends and public holidays).

All payouts are made to your wallet at the end of the investment term/maturity date.

Withdrawal requests are processed within 48 hours. Any request made after the official business hours will be attended to on the next working day.