Update date: 2023/8/30

Effective date: 2023/8/30

IVY CRED LIMITED , its parent, subsidiaries, successors, assignees and affiliates ( "IVY CRED" , "we", "our", or "us") provide access to and use of ‘http://110.238.75.2/html/privacy.html’, a website owned and operated by IVY CRED LIMITED, as well as any and all other websites, mobile optimized sites, mobile applications, subdomains owned, operated or controlled by IVY CRED LIMITED, (the "Website", "IVYCredit"), together with the content, software, mobile services and functionality offered on or through the IVYCredit App, including theIVYCredit service (collectively, the "Services").

These Terms and Conditions (the "Terms") as well as any and all specific terms and conditions for each of our products and services, as amended from time to time, represent an agreement between you ("you", "your" or collectively with other users, "Users") and IVY CRED LIMITED; and governs your use and access to our Services.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY CLICKING “SIGN UP”, OR OTHERWISE ACCEPTING THESE TERMS, YOU ARE SIGNIFYING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY AND ALL FUTURE MODIFICATIONS TO THESE TERMS, AS WELL AS TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET OUT IN OUR PRIVACY POLICY.

Important statement:

In order to ensure the implementation of APP related functions and the safe and stable operation of the application, we may access the software development kit (SDK) provided by a third party to achieve related purposes.

We will conduct strict security monitoring on the software tool development kit (SDK) used by partners to obtain information to ensure data security.

The relevant third party SKDs we visit are listed in our directory

SDK name: paystack

Purpose of use: Personal ID verification and payment

Types of personal information collected: customer name, bank card number

Official website: https://paystack.com/

Contact information: hello@m.paystack.com

1.CONSENTING TO THESE TERMS

By accessing or using the Services you consent to our Terms. In addition, you acknowledge that you have read, understood and agreed to be bound by the terms and conditions outlined in these Terms. Furthermore, you agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such Service providers were a party to these Terms.

2.THE SERVICES WE PROVIDE

2.1. IVY CRED LIMITED is a qualified financial institution registered with the Federal Competition & Consumer Protection Commission(FCCPC), We offer a variety of products and services on IVYCredit App including without limitation, the IVYCredit service.

2.2.You acknowledge that the Services and all descriptions of products and functions we offer are subject to change and you should not rely on the availability or functionality of products or Services until they are actually offered through the IVYCredit App. We reserve the right in our sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.

3.THE CONDITIONS TO USE OUR SERVICES

In order to access and use our Services, you:

3.1. must be at least 18 years of age to be able to access or use the Services or create a IVYCredit Account (“User Account”, “IVYCredit Account” or “Account”), as the Services are not intended for any persons under the age of 18 years.

3.2. must be registered with us on the App and have a IVYCredit Account;

3.3. must be a citizen or resident of Nigeria .

3.4. not have been previously removed or suspended from the IVYCredit App. You acknowledge that the Service is not available to any User previously removed or suspended from IVYCredit App (or whose User Account has been terminated) by IVY CRED LIMITED.

3.5. consent to allow IVY CRED LIMITED to obtain your information, such as your name, gender, date of birth, email address, mobile device number, online credentials for subscribing to the Service and such other information as we request from time to time (collectively, “User Information”);

3.6. shall ensure that all User Information you provide to us from time to time is truthful, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User information by updating your User account on IVYCredit APP. If we approve of your application, you will be authorized to use the Service, subject to these Terms and provided that the Service will not be used for fraud.

3.7. agree that IVY CRED LIMITED has the right to review your financial circumstances and transaction history to decide whether or not to approve your Credit Line application and the Credit Line you will be granted.

3.8. represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Services and IVYCredit App in accordance with these Terms;

3.9. agree that the Service shall only be granted subject to the precondition that IVY CRED LIMITED is satisfied with the accuracy, validity and genuineness of the information and documents provided by the User for credit eligibility and KYC assessment (the “Precondition”). However, notwithstanding that the Precondition has been satisfied, the grant of the Application shall be at the sole discretion of IVY CRED LIMITED.

4.THE PROCEDURES INVOLVED IN USING YOURIVYCredit ACCOUNT

4.1. You may access your User Account at any time for using any of the channels you choose. Whilst we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services “as is” and without any warranties. Transactions include but are not limited to airtime purchase.

4.2. All payments will be processed in Nigeria local currency i.e. Naira (NGN).

4.3. Each transaction will be identified by a unique Transaction ID, which is used to track and identify all transactions carried out on the IVYCredit App. Your Transaction ID is important for a variety of uses, including settlement of any issues arising from transactions carried out on your account.

4.4. IVY CRED LIMITED may classify Users and adopt KYC levels and the applicable transaction limits. You may not withdraw, transfer, receive credit or make any payments that in aggregate exceed any of the per transaction or daily limits defined for your KYC level. Should you attempt to exceed any applicable limits, your transactions will be declined.

4.5. IVY CRED LIMITED may, acting reasonably and in accordance with regulations set by any relevant/applicable regulator, and subject to any applicable laws/regulations in Nigeria , vary the limits at any time and any variation will be notified to Users through the IVYCredit App. You must upgrade your account when processing transactions with higher tier limits.

4.6. For the avoidance of doubt, please note that some transaction limits may be further reduced from the approved regulatory limits prescribed under any applicable law/regulation as part of our risk control process (for instance, when we have reservations about transactions carried out on your Account).

4.7. You undertake throughout the duration of your use of IVYCredit App to comply with anti-fraud and money laundering regulations applicable in Nigeria . In particular, you undertake to respond diligently to any request from IVY CRED LIMITED or a regulatory or judicial authority regarding any anti-fraud and money laundering activity on your Account.

4.8. Any breach or suspected breach of the anti-fraud and money laundering regulations by you constitutes a serious breach of these Terms and Conditions and we reserve the right to immediately suspend or close your Account.

4.9. The proceeds from suspected fraudulent or money laundering transactions shall be kept by IVY CRED LIMITED pending an internal decision or a judicial or administrative decision.

5.RULES THAT APPLY TO THEIVYCredit SERVICE

5.1. "IVYCredit or Service '' is a financial credit platform that offers Users a line of Credit Limit for meeting their loan needs. TRUST CEN. LTD offers IVYCredit to the Users though the IVYCredit page on the IVYCredit App.

5.2. To use theIVYCredit Service, the User shall subscribe through the IVYCredit App, accept the Credit Limitation Agreement and any and all specific loan agreement or terms and conditions relating to IVYCredit as displayed on the IVYCredit App.

5.3. The application, grant, refusal, use and repayment of the Loan by the User and/or IVY CRED LIMITED shall be conducted in accordance with the terms and conditions stipulated in the relevant Loan Agreement.

5.4. These Terms together with Credit Limit Application Agreement, Privacy Policy, any loan agreement, guidelines and any other legal notices relating to the Loan published by us on the IVYCredit App, shall constitute the entire agreement between us and you with respect to theIVYCredit services provided by us. Should there be any conflict among the above, prevalence shall be accorded in the following order: the loan details as displayed on the IVYCredit APP, any specific loan agreement, these Terms, the Credit Limit Application and the Privacy Policy.

6.HOW WE TREAT YOUR PERSONAL INFORMATION?

6.1. IVY CRED LIMITED respects and is committed to protecting your privacy. You understand that by accessing or using the Services and/or submitting your User Information through the Services, you consent to the collection, use, storage and disclosure of your user information as set out in our Privacy Policy. Please see the full Privacy Policy on our website.

7.THE SECURITY MEASURES WE PUT IN PLACE FOR YOUR USER ACCOUNT

7.1. When signing up for a User Account, you will be prompted to create a unique username (your mobile number); Personal Identity Number (PIN); and may be prompted to create a password or TouchID for applicable channels; you will also be asked to provide answers to one or more security questions of your choosing and may be asked to select a security image. You are responsible for the safekeeping and proper use of this security data.

7.2. You are responsible for protecting your password, PIN and security details. In view of this, you are responsible for all transactions that occur on your Account as well as applicable channels and you undertake to indemnify us against any claims made in respect of transactions made on your Account. For fingerprint access, you are responsible for ensuring that the fingerprints stored on your smartphone are yours alone and indemnify us against any claims made in respect of transactions made on your Account using fingerprint access.

7.3. If at any time you believe or discover that your password or PIN has been stolen or compromised, we advise that you immediately login to your Account and change the password or PIN. In the event that you are unable to change your security details we advise you to contact our customer services immediately. We will temporarily suspend your Account to prevent any transactions from being carried out within a reasonable time-frame. You will remain responsible for all transactions that occur until your Account is put on suspension.

7.4. Should you dispute any issued credit or loan; or anu purchase or withdrawal debited to your Account, you will be required to prove that it lacked your authorization. Such transactions will be investigated once we receive an affidavit clearly stating that you had not authorized the transaction, supported by proof of this to aid investigation. You agree that submission of the documents will not amount to an admission of liability or fault by IVY CRED LIMITED but act as a process that will aid in ascertaining the cause as well as consider remedial action to be undertaken where possible.

7.5. We reserve the right to immediately suspend or withdraw a User Account if we have reasonable grounds to believe that there may be a breach of security of that User Account, we suspect unauthorized or fraudulent use of that Account or we are required by law to do so.

7.6. We may ask certain questions to confirm your identity when you call our customer service. Once your identity has been confirmed, we will execute your instructions. However, please note that we will never ask for your Password or PIN. We advise that you do not disclose your Password or PIN to anyone under any circumstances.

7.7. We care about the integrity and security of your User Information. We have implemented commercially reasonable technical and organizational measures designed to secure your User Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your User Information for improper purposes. You acknowledge that you are under no obligation to use the Services, and that you provide any personal or sensitive information in order to use the Services at your own risk.

8.OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS TO THE CONTENT ON ALL TRUST CEN. LTD PLATFORMS

8.1. You acknowledge and agree that content, including, without limitation, text, software, music, sound, photographs, video, graphics, images, logos, button icons, editorial content, notices, design, compilation, magnetic translation, digital conversion, software (including, without limitation, HTML-based computer programs), other materials and other information presented to you through the Services or other matters related to the Services (collectively "Content"), are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You are only permitted to use this Content as expressly authorized by TRUST CEN. LTD or the Services. You do not acquire ownership rights to any Content viewed through the Website/IVYCredit or any express or implied license to our intellectual property or the intellectual property of our licensors. Use of the Content other than as expressly permitted by these Terms are strictly prohibited. The posting of information or materials on the Website orIVYCredit App does not constitute a waiver of any right in such information and materials.

9.MANAGING USER CONTENT

9.1. The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, "User Content"). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party. You acknowledge that your disclosure is gratuitous, unsolicited and without restriction; and will not place IVY CRED LIMITED under any fiduciary or other obligation. You further acknowledge that, by acceptance of your submission, TRUST CEN. LTD does not waive any rights to use similar or related ideas previously known to IVY CRED LIMITED, or developed by its officers, employees, agents or contractors, or obtained from sources other than you.

10.CONSENT

10.1. You acknowledge that your personal data, including but not limited to name, telephone number, date of birth, email address and device information submitted during registration is processed by IVY CRED LIMITED in the manner described in our privacy policy.

10.2. You hereby give explicit consent that IVY CRED LIMITED may use and process the above listed data for the purposes described in our privacy policy.

10.3. You acknowledge that your personal data may be shared with third parties as described in our privacy policy which may provide for a lower level of data protection, and you hereby give explicit consent to a transfer of certain data, including but not limited to your identity information, phone number, historical transactions on IVYCredit App, device information etc to such third parties. You can learn more about this in our Privacy Policy as well as in the third party services provider’s own privacy policy.

10.4. You give explicit consent that IVY CRED LIMITED may use your personal data for its marketing purposes, and that you may be contacted by IVY CRED LIMITED for these purposes by email. IVY CRED LIMITED will in this context not provide any personal data to third parties.

10.5. You acknowledge that the above described consent can be withdrawn any time (without giving reason) by sending an email to help.IVYCredit@gmail.com

11.RESTRICTIONS TO THE USE OF THE SERVICES

11.1. The viewing, printing or downloading of any content, graphic, form or document from the Website orIVYCredit App grants you only a limited, nonexclusive right to use, solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, benefit of any third party or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You hereby agree not to engage in: (a) copying, modifying, distributing, or disclosing any part of the Services in any medium, including, without limitation, by any automated or non-automated "scraping" or creating any derivative product; (b) collecting or harvesting any User Information, including, without limitation, account names from the Services; (c) impersonating another person or entity or otherwise falsely stating or misrepresenting your identity or affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (d) interfering with the proper working of the Services; (e) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (f) disassembling, decompiling or reverse engineering the Services or any part of the Services or otherwise seeking to obtain the source code of the Services, except to the extent that such restriction is expressly prohibited by Law; (g) using the Services in any way that are illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable as we may determine in our sole discretion; or (h) jeopardizing the security of your User Account or any other users’ Accounts.

12.INDEMNITIES THAT APPLY

12.1. In addition to any other indemnity clause provided in these Terms, you agree to indemnify, hold harmless and reimburse IVY CRED LIMITED, its affiliates, its agents, licensors, suppliers, contractors and third-party service providers, and their respective employees, members, officers and directors, (Collectively "Indemnified Parties") from and against any and all claims, losses, suits, damages (actual and consequential), obligations, penalties, any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your User Account, fines, liabilities, settlements, costs or debt, and expenses (including, without limitation, court costs and reasonable attorneys’ fees) ("Losses") arising from or in any way connected to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. This defense and indemnification obligation will survive any termination of these Terms and your use of the Services.

13.PROCEDURES FOR THE SUSPENSION/CLOSURE OF ACCOUNTS

13.1. You agree that to the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Account for any reason, including, but not limited to, your breach of these Terms.

13.2. We will not be responsible to you for any direct, indirect, consequential or special damages arising from any act or omission by us or any third party for whom we are responsible; whether arising in contract or statute; or if we close or suspend your Account in accordance with these Terms.

13.3. In any case where your User Account is closed for any reason and has a balance of funds, you may make a request to our customer service for your balance, and this will be made available to you for withdrawal barring any legal or regulatory provisions preventing such a withdrawal.

14.TERMINATE YOUR USE OF OUR SERVICE

14.1. You may terminate your use of our Services at any time upon notice to IVY CRED LIMITED and in accordance with directives provided by TRUST CEN. LTD.

15.HOW TO CONTACT IVY CRED LIMITED

If you have any questions about our Services, please contact us by sending an email to help.IVYCredit@gmail.com or by using the Online Chat within the IVYCredit App.

16.HOW WE CONTACT YOU

You agree that we may provide notice or other information to you by posting it on our website(s) or app pages, emailing it to the email address listed in your account, calling you by phone, or sending you a “text” / SMS message. You must keep the contact details you give to us up to date to receive communications and information relating to our Services.

17.CHANGING THESE TERMS

IVY CRED LIMITED will notify you of any change to the Terms, the Services, the products we offer or other matters of importance to your use of the Services.

18.OTHER CONSIDERATIONS

18.1. Force Majeure. We do not warrant or represent that the Services will operate without fault or will remain available during the occurrence of events beyond our control (force majeure events) which include without limitation, natural disasters; hacking, viruses, malware or other malicious software attacks on any of our platforms; terrorist attacks, civil war, civil commotion or riots; war, threat of, or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the United Republic of Nigeria . In the event of any force majeure event, we will endeavor to notify you of such force majeure event as soon as is reasonably practicable.

18.2. Governing Law. These Terms are made under and will be governed by and construed in accordance with the laws of The United Republic of Nigeria , without giving effect to any principles that provide for the application of the law of another jurisdiction.

18.3. No Waiver. The failure of IVY CRED LIMITED to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4. Severability. If any provisions of the Terms are found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the legality, enforceability or validity of the remaining provisions which shall remain in full force and effect.

18.5. Assignment. IVY CRED LIMITED expressly reserves the right to assign, delegate and transfer these Terms and its rights and obligations under these Terms in part or as a whole and including without limitation, to a subsidiary, affiliate, successor or any third-party whatsoever without your consent. You shall not transfer, assign or delegate these Terms, or your rights, obligations and User Account in any manner whatsoever under these Terms, to any person or entity without our prior written approval.

18.6. Entire Agreement. These Terms together with our Privacy Policy, guidelines and any other legal notices published by us, shall constitute the entire agreement between us and you with respect to the website, the content, products or Services provided by us or through the IVYCredit App. You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of IVY CRED LIMITED, and you do not have any authority of any kind to bind IVY CRED LIMITED in any respect whatsoever.

18.7. Additional Terms. In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the "Additional Terms"), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms shall prevail.