These Terms of Agreement constitute a legally binding agreement made between you, and Finserve Investment Limited, a Company registered in Nigeria and having its office at No. 7, Muri Okunola Street, Victoria Island, Lagos, doing business as Finserve (“Finserve”, “we”, “us”, or “our”), concerning your access to and use of the Finserve website at www.finserinvesment.com and our mobile application, (collectively, the “Services”). You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Agreement. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on our Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Agreement at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Agreement, and you waive any right to receive specific notice of such change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Agreement by your continued use of the Services after the date such revised Terms of Agreement are posted.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1. Definitions
   Account means a unique account created for You to access our Service or parts of our Service.
   Application refers to Finserve, the software program provided by the Company.
   Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Finserve Investment Limited.
   Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
   Personal Data is any information that relates to an identified or identifiable individual.
   Service refers to the Application and Website
   Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
   Terms refers to the Terms of Agreement.
   User and You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
   
2. Eligibility
   The Services are intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms of Agreement prior to you using the Services.
3. Registration
   You may be required to register for the Services. Upon registration, You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. An operation of your account by either yourself and/or any other individual shall be deemed to be an authorised transaction and you hereby indemnify us against and waive any claims relating to the unauthorized use of your account.
   Your account is non-transferable. You cannot combine, or otherwise share it with any other person. Any violation of these Terms will disqualify your account from a “good standing” status, and/or may ultimately result in a cancellation of the account at our sole discretion. Where your account is canceled, you may forfeit any pending, current, or future account transaction. Upon termination, the provisions of these Terms which, by their nature, are intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive.
4. Submissions
   You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
5. Credit and Amount
   By registering an Account for our services and applying for our loan products, you agree that:
   
   
   i. We are entitled to receive any document or information, including but not limited to account information, employment details, salary payment history, loans and other related data – all which we need to create your account and effectively manage your loan lifecycle;
   
   ii. may conduct any enquiry necessary to establishing patterns, scoring models, etc., in a bid to determine what loans we may offer to you, including a credit bureau check, salary and employment check, loans and other related data check from relevant third parties; and
   
   iii. may contact you [by SMS or email or any other methods where applicable] regarding application, or in connection with any loan that may be subsequently approved.
   
   By signing up on the Services, you consent to the Company obtaining information from relevant third parties as may be necessary, on your employment details, salary payment history, loans and other related data, to make a decision on your loan application. You also consent to any outstanding loans being recovered automatically from any BVN accounts linked to you in the case of default.
6. Cost of Services
   By applying for our loan products on our services, the following costs of Services are payable, some of which may be specified on Your quotations or bills sent to You:
   
   
   i. Interest: which is calculated on a one-time basis according to the duration of your loans. We will clearly indicate the applicable interest rate on your loan product.
   
   ii. Other Fees: Taxes or other charges, inclusive of any bank charges, which may arise from your debit order instruction in respect of successful and/or failed debit order deductions.
7. Repayment
   

   The repayment method for our loan product on the application service shall be stated and based on the method that suits you for repayment on the Service. You can either repay in full or make a partial payment. You can clearly see the repayment history and overdue amounts on the Service on the application.

8. Use of Personal Information
   

   Your Personal information is governed by the terms of our Privacy Policy and regulated by the applicable law. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with our Privacy Policy.

9. Representations and Warranties
   

   By using the Services, you represent and warrant that:

   i. all registration information you submit will be true, accurate, current, and complete;
   ii. you will maintain the accuracy of such information and promptly update such registration information as necessary;
   iii. you have the legal capacity and you agree to comply with these Terms of Agreement;
   iv. you are not under the age of 18;
   v. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
   vi. you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
   vii. you will not use the Services for any illegal or unauthorized purpose; and,
   viii. your use of the Services will not violate any applicable law or regulation.
   ix. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
   
   By using and applying for any of our loan product on our Services, you represent and warrant that:
   
   i. all the information that You have given Us is true and current in every respect and that We may rely on it;
   ii. in the event of a default, you agree that we may contact you at the contact information provided, on any day of the week;
   iii. If there are insufficient funds in the bank account under your BVN to meet the debit order obligations, you agree that we may track your bank account behaviour and re-present the instruction for payment in the bank account at any time thereafter (if applicable);
   iv. When you change your bank account details, it will simply be incorporated by way of an update; and you authorise us to apply those bank account changes to any agreement you have concluded with us (including these Terms).
   
   These Terms (inclusive of any other policies, terms, bills related to these Terms) shall constitute the entire Terms between You and Us. These electronic Terms is provided and concluded in accordance with any applicable laws, and the terms and conditions contained herein are valid, binding and enforceable between You and Us. If any provision of these electronic Terms, or any portion thereof, is held to be invalid and/or unenforceable for any reason whatsoever, then the remainder of these Terms shall nevertheless remain in full force and effect.

10. Site Management
    

    We reserve the right, but not the obligation, to:

    i. monitor the Services for violations of these Terms of Agreement;
    ii. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Agreement, including without limitation, reporting such user to law enforcement authorities;
    iii. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
    iv. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
    v. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
    

11. Events and Results of Default on Loan Products on the Services:
    

    Each of the following events and circumstances shall be an Event of Default when you apply for our loan products on our services:

    i. You fail to pay any sum payable under these Terms by the end of the Loan tenor;
    ii. If you commit any breach or fails to observe or perform the obligations on its part as contained in this Terms of Agreement.
    iii. If any representation or warranty given or made by you in this Terms of Agreement or in any notice or certificate or statement, delivered or made pursuant herein is inaccurate in any respect when made or delivered.
    iv. If you stop or suspend or you are deemed to be unable to pay your debt or admits in writing its inability to discharge its obligations as they fall due.
    v. If any extra-ordinary situation arises such that the continuance of the transaction our opinion makes it impossible for you to discharge your obligations as regards to repayment of the loan when due.
    vi. If there should in our opinion a material adverse change in your financial condition.
    vii. You fail duly and punctually to perform or comply with any of your respective obligations or undertakings under these Terms of Agreement or any other policies, terms, rules that earlier or contractually accepted to obey in full;
    viii. You stop or suspend payments generally or are unable to, or admit your inability to pay your debts following which they fall into default, and/or you become legally designated/declared as bankrupt.
    
    If an Event of Default has occurred, We may, by sending notice to You attach the loan amount, accrued interest and all other sum payable, whereupon they shall become, immediately due and payable without further demand, notice or other legal formality of any kind;

12. Term and Termination
    

    These Terms of Agreement shall remain in full force and effect while you use the services. without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. we may terminate your use or participation in the services or delete your account without warning, in our sole discretion.

13. Limitation of Liability
    

    In no event will We or our Directors, Employees, or Agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein.

14. Indemnification
    

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective Directors, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) use of the Services; (iii) breach of these Terms of Agreement; (iv) any breach of your representations and warranties set forth in these Terms of Agreement; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Electronic Communications, Transactions, and Signatures
    

    Using our services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email through our services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICES You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

16. Taxes and Other Deductions
    

    All sums payable under these Terms shall be paid in full without set-off or counterclaim or any restriction or condition and free and clear of any tax or other deductions or withholdings of any nature. If we (or any other person) are required by any law or regulation to make any deduction or withholding (on account of tax or otherwise) from any payment for our account, you agree to (in accordance) pay such additional amount, provided that this is without prejudice to our right to fully recover the loan sum, plus other receivables in accordance to the loan product you purchased.

17. Miscellaneous
    

    These Terms of Agreement and any policies or operating rules posted by us in respect to the services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Agreement shall not operate as a waiver of such right or provision. These Terms of Agreement operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Agreement or use of our services. You agree that these Terms of Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Agreement and the lack of signing by the parties hereto to execute these Terms of Agreement.

18. Governing Law
    

    These Terms of Agreement and your use of the Services are governed by and construed in accordance with the Laws of the Federal Republic of Nigeria, without regard to conflict of law principles. You submit to the jurisdiction of the Courts located in Nigeria for the resolution of any dispute.

19. Contact
    

    If you have questions or concerns, You can contact us:
    By email: info@finserveinvestment.com
    By Phone Number: 0817 014 9580, 0706 059 5678