Legal
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Terms of Use
Last updated: April 10, 2024
Terms of Use
By using this website{' '}{' '} (www.lendsqr.com), any of our websites, and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy, and Lender Terms of Service (where applicable) are incorporated by reference into these Terms of Use.
About us
Lendsqr provides a software platform for small and individual lenders to originate loans, score credits using credit bureau services or machine learning algorithms, collect and recover loans, and provide reports and analytics
We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a borrower will repay his/her loans and obligations.
This Terms of Use is an agreement between you and Lendsqr. It details Lendsqr’s obligations to you. It also highlights certain risks of using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
Privacy policy
Lendsqr pays close attention to your privacy rights. We ensure our use of your personal data is in tune with regulatory prescriptions and global standards. The policy is available in the privacy policy.
Your continued use of our platform is an express consent to our privacy policy.
Acceptable use policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Lendsqr, you agree to comply with the terms and conditions contained below:
1. Restricted activities
You may not use Lendsqr in connection with any product, service, transaction, or activity that:
- violates any law or government regulation, or promotes or facilitates such by third parties.
- violates any rule or regulation of Visa, MasterCard, Verve, or any other electronic funds transfer network (each, a “Card Network”).
- is fraudulent, deceptive, unfair, or predatory.
- causes or threatens reputational damage to us or any Card Network.
- involves any of the business categories listed in (2) below; or
- results in or creates a significant risk of chargebacks, penalties, damages, or other harm or liability.
2. Certain business categories
You may not use Lendsqr:
- in connection with any product, service, transaction, or activity that falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria.
- for the sale and/or purchase of:
- banned narcotics, steroids, certain controlled substances, or other products that present a risk to a consumer's safety.
- blood, bodily fluids, or body parts.
- burglary tools.
- counterfeit items.
- illegal drugs and drug paraphernalia.
- fireworks, destructive devices, and explosives.
- identity documents, government documents, personal financial records, or personal information (in any form, including mailing lists).
- lottery tickets, sweepstakes entries, or slot machines without the required license.
- offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime.
- police badges or uniforms.
- chemicals.
- recalled items.
- prohibited services.
- unlicensed financial services, stocks, or other securities.
- stolen property.
- items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction.
- currency without a BDC license, certain cryptocurrency operators.
- obscene material or pornography.
- certain sexually oriented materials or services.
- certain firearms, firearm parts or accessories, ammunition, weapons or knives; or
- any product or service that is illegal or marketed or sold in such a way as to create liability to Lendsqr.
- as it relates to transactions that:
- show the personal information of third parties in violation of applicable law.
- support pyramid or Ponzi schemes, matrix programs, other 'get rich quick' schemes, or certain multi-level marketing programs.
- are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card.
- pertain to ammunitions and arms; and
- involve gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Lendsqr and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
3. Actions by Lendsqr
If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Lendsqr and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:
- blocking the settlement or completion of one or more payments.
- suspending, restricting, or terminating your access to and use of Lendsqr’s Services.
- terminating our business relationship with you, including termination without liability to Lendsqr of any payment service agreement between you and Lendsqr.
- taking legal action against you.
- contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
- assessing against you any fees, penalties, assessments, or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
Age restriction
Our website and services are not directed to persons under the age of 18. We do not knowingly transact or provide any services to persons under the age of 18. If as a parent or guardian, you become aware that your child or ward under the age of 18 has provided us with any information without your consent, please contact us through details on this Terms of Use.
Disputes & reversal
If you believe that an unauthorized or otherwise problematic transaction has taken place, you agree to notify us immediately, to enable us to act to help prevent financial loss.
All claims against us related to payments should be made within 45 (forty-five) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.
If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for such goods or services. Our only involvement with regard to such transactions is as a payment gateway.
We may intervene in disputes between users and lenders concerning payments but have no obligation to do so. Your transaction ID and/or transaction details will be required to resolve all disputes.
Disclaimers
WE TRY TO KEEP LENDSQR AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.
OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED, AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LENDSQR MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM LENDSQR, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, 'LENDSQR PARTIES') SHALL CREATE ANY WARRANTY.
Limitation of liability
IN NO EVENT WILL ANY OF THE LENDSQR PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR FIVE THOUSAND UNITED STATES DOLLARS (US$5,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH LENDSQR’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF LENDSQR’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Lendsqr Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Lendsqr's Party's liability shall be the minimum permitted under such applicable law.
Updates, modifications & amendments
We may need to update, modify, or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page. If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.
Governing law
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
Legal disputes
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. The venue and seat of the arbitration shall be Lagos, Nigeria, and the language of arbitration is English.
Severability
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
Lendsqr global payments service
By utilizing the Lendsqr Global Payments service, users acknowledge and agree to the following terms:
1. Card debit for loan repayment
With the introduction of Lendsqr Global Payments, lenders grant explicit consent for Lendsqr to initiate debit transactions on any card associated with their user account. This facilitates the repayment of loans owed to different lenders within the Lendsqr platform.
2. Cross-lender recovery
Users understand that in cases where a loan is owed to a specific lender (e.g., Lender A) and a different card is used for repayment, Lendsqr reserves the right to attempt recovery from any other card attached to another lender for the same loan. This recovery may occur even if the user has not directly added the card to the lender involved in the recovery process.
3. Authorization for cross-lender transactions
By agreeing to these terms, users explicitly authorize Lendsqr to initiate cross-lender transactions as necessary for loan repayment, using any card linked to their user account within the Lendsqr platform.
4. Notification of debit attempts
Users will be notified of any debit attempts initiated under the Lendsqr Global Payments service. Notification methods may include email, app notifications, or other communication channels as deemed appropriate by Lendsqr.
5. User responsibility
Users are responsible for ensuring that cards linked to their accounts are valid, up-to-date, and have sufficient funds for loan repayment. Lendsqr shall not be held liable for any issues arising from outdated or invalid card information.
6. Opt-out option
Users have the option to opt out of the Lendsqr Global Payments service by adjusting their account settings. However, opting out may affect the user's ability to efficiently manage cross-lender loan repayments.
By continuing to use Lendsqr and its services, users agree to comply with the terms outlined above regarding the Lendsqr Global Payments service. These terms are an integral part of the overall terms and conditions governing the use of the Lendsqr platform.
Lendsqr compliance and verification
By accessing or using our services, you agree to comply with compliance guidelines for your industry
1. Account activation
Upon commencement of your onboarding process, please be informed that your account will remain in a pending activation state until the submission and verification of all requisite Know Your Customer (KYC) information provided by you.
Lendsqr reserves the right to scrutinize the accuracy of the information submitted, and additional documentation may be requested to fulfill KYC obligations.
2. Verification for settlement
In order to facilitate settlement into your dedicated account, a comprehensive verification process is mandatory. Until your account achieves compliance activation, the settlement will be directed to your disbursement account designated by Lendsqr. Notification of full compliance activation will be provided, allowing you to update your disbursement account accordingly.
Settlement procedures on the platform typically operate on a T+1 basis net of fees, signifying settlement on the next business day, exclusive of weekends and public holidays. Please be mindful of potential delays during weekends and public holidays.
3. Compliance responsibility
It is incumbent upon you to ensure the continuous compliance of your account with our established policies and regulatory requirements. Failure to uphold compliance standards may result in the delay or suspension of settlement services.
For inquiries or concerns related to these terms, please reach out to us at{' '}compliance@lendsqr.com.