Introduction

BizNurture Financial Services Limited (“we,” “us” or “our”) offers loans to small and medium sized enterprises. We have created this mobile application and web application - BizNurture Loan App (”App”) to facilitate delivery of BizNurture loan products to its customers.

For the purpose of these Terms of Use, a User is an individual who uses the App to evaluate our services, or for educational purposes and a Client is an individual who signs our Loan Agreement. Our relationship with Users shall be governed by these Terms of Use while our relationship with our clients shall be governed by this Terms of Use, the Loan Agreement and other Policies regarding clients put in place by BizNurture.

Please read these Terms and Conditions carefully before accessing or using the App. We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these terms periodically for changes. If you have any questions about these Terms and Conditions, please contact us via email at info@biznurture.com. By proceeding to access or use this App, you communicate your express, unequivocal agreement to these Terms and Conditions.

ACCEPTANCE OF TERMS

By accessing or using the App, you agree that these Terms and Conditions constitute a legally binding agreement between you (whether personally or on behalf of any entity which you represent) and BizNurture concerning your access to and use of our App and all the services linked, related, or otherwise connected to your use of the App.

When you commence an application for a BizNurture product, an account will be created for you by us as part of the application process. By accepting the terms and conditions contained herein, you hereby consent to the creation of this Account, and you agree that you shall not argue to the contrary before any court of law, tribunal administrative authority or any other body acting in any judicial or quasi-judicial capacity.

Age

BizNurture does not provide services to children. By using this App, you confirm that you are aged 18 and above, and that you are permitted to use our services under the laws of any relevant territory or jurisdiction from which you access these services. BizNurture shall not incur any legal liability arising from the access and use of this App by a minor.

No warranty

We created this App for the convenience of our users. The information (including text, graphics and functionality) is presented “as is” and “as available” without express or implied warranties including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. We expressly disclaim any liability for errors and omissions regarding the information and materials contained on the App. We cannot guarantee the accuracy or completeness of the information contained on this App or its suitability for any purpose.

This App is only available for use in Nigeria. We make no representation that this App is appropriate or available for use outside of Nigeria. Similarly, we make no representations that accessing this App from locations outside Nigeria is legal or permissible by local law. If you access this app from areas outside Nigeria, you do so at your own risk and are yourself responsible for compliance with local laws.

Nothing on this App warrants that you are entitled to a loan from us even where you or any other entity is of the opinion that you are qualified to obtain a loan from us.

Viruses

Due to the pervasive nature of computer viruses within the Internet, we cannot give any assurances that the App, our software or systems will always be free from viruses and other malicious software. It is your responsibility to scan all downloaded materials received from the Internet, including from the App. We shall not be liable, and you agree not to hold BizNurture responsible, for any damages or losses caused by any viruses or other malicious software which may affect your computer equipment or other property on account of your access to, use of, or downloading from the App software or systems.

Limitation of liability

Your use of the App is at your own risk. To the maximum extent permitted by law, neither BizNurture nor any other party involved in creating, producing or delivering the App, will be liable for any direct, indirect, incidental, consequential or punitive damages (including, without limitation, loss of profits, cost of substitute service, lost opportunity, loss of goodwill or reputation, or other intangible losses or any special, indirect, consequential damages), howsoever caused, arising out of your access to, use of, or reliance on the App, even if BizNurture has been advised of the possibility of such damages. BizNurture cannot and does not guarantee continuous, uninterrupted or secure access to the App. You specifically acknowledge and agree that BizNurture is not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user.

Indemnity

You agree to indemnify and hold BizNurture, its subsidiaries or affiliates, and their respective directors, officers, employees, and agents, harmless against all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from breach of these Terms and Conditions, any other related policy, your use or access of the App or any Internet site linked to or from the App, or in connection with the transmission of any content on the App.

Authorised use

The information provided on this App is solely for the personal use of App users. You are authorised to view and copy the information available on this App for personal purposes only, provided that any copies include any trademark notices as they may appear on those pages copied. Except for the personal use of App users, you may not copy, reproduce, modify, display, distribute, perform, disseminate, transmit, transfer, sell, license, publish, use to create a derivative work or use for any public or commercial purposes any of the contents of this App without the express prior written consent of BizNurture. You agree to access and use the App only for lawful purposes.

Links to this app

The App may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from our App.

We do not propose any endorsement, authorisation, sponsorship of or affiliation with the material contained on any linked site or any Third-Party material by providing them on the App. BizNurture is not responsible for the contents of any site linked to the App. Your connection to and use of any such linked site is at your own risk.

Copyrights and Trademarks

Copyrights of the pages and the screens displaying the pages, and the information and material therein, is owned by BizNurture unless otherwise indicated and may not be distributed, modified, reproduced in whole or in part without the prior written permission of BizNurture. The display of trademarks herein does not imply that a license of any kind has been granted. We reserve all rights not expressly granted to you in and to the App, the Content, and the trademarks.

Any unauthorized downloading, re-transmission, or other copying or modification of the trademarks and/or the contents herein may be a violation of applicable laws and regulations and could subject the copier to legal action. The trademarks and logos (collectively the “Trademarks”) displayed on the App, unless otherwise indicated, are registered and unregistered trademarks of BizNurture and its subsidiaries and affiliates. BizNurture and its trademarks may only be used publicly with the permission of BizNurture and with proper acknowledgement. Use of any BizNurture trademarks without the prior written consent of BizNurture may constitute copyright infringement or passing-off in violation of applicable laws.

Prohibited Activity

You may not retrieve data from the App to create a business that shall compete with us in any form or manner or for any other commercial benefit, gain or revenue-generating purpose. You may not retrieve data from our App to constitute databases, compilations, stocks, inventories or directories, without express permission from us.

You may not download, sell, re-publish or otherwise give out for profit, any service, information or content made available on the App. You may not defraud, or mislead other users, in an attempt to learn sensitive account information or attempt to impersonate a user or person through the use of their information, however it is gotten.

Security

We welcome your email correspondence. But Internet and email communications are not confidential. Information transmitted to us may be read or obtained by other parties. To protect your privacy, our email responses do not include personal account information such as your BVN or bank account numbers. Email is an important communication channel for our App’s visitors. We will use your email address and the content of any email for correspondence purposes and to meet our legal and regulatory requirements regarding customer communications. On occasion, we may use your email address to send you communications with information about service and product information that we believe may be of interest to you. If you do not want to receive such unsolicited communications from us, please send us a message to this effect.

User Representations

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update such registration information, as necessary.
3. You have the legal capacity, and you agree to comply with these Terms and Conditions.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the App through automated or non-human means, whether through a bot, script or otherwise.
6. You will not use the App for any illegal or unauthorised purpose.
7. Your use of the App will not violate any applicable law or regulation.
8. 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 all current or future use of the App (or any portion thereof).

General

A partial exercise of any right, power or remedy shall not preclude any further or other exercise of that, or any other, right, power or remedy. No failure by BizNurture to exercise, and no delay in exercising (including the right to enforce repayment of any outstanding amount on the due date), any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy. If any provision or part of a provision of this Terms and Conditions is found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions, all of which shall remain in full force and effect. BizNurture reserves the right to transfer or assign its rights and obligations under this Terms and Conditions to another person/organization. We may notify You if such transfer results in a change that may affect your Services. This Terms and Conditions and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

Dispute Resolution

Disputes, differences, or claims arising out of or in connection with or concerning the use of BizNurture's services or the App shall be settled amicably through our internal dispute resolution system. Such resolution shall be commenced by either party sending a written notice of the dispute to the other party. The notice of dispute shall state the cause of dispute and propose a date for negotiations to occur on a date no later than seven (7) days from the date of the other party’s acknowledged receipt of the dispute notice. Notice of dispute shall be communicated to BizNurture via email correspondence to info@biznurture.com and by delivery of the Notice of dispute to BizNurture at No. 371 Borno Way, Off Spencer Street, Yaba, Lagos. Where we are unable to reach an amicable resolution after exhausting BizNurture's internal dispute resolution, the dispute shall be referred to Mediation at the Lagos Multidoor Court House and the settlement arising therefrom shall be adopted as final judgment on the matter at a Court vested with jurisdiction.

Governing law

You agree that the use of this App shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.