Terms & Conditions
Updated 30th November 2020
Dear Esteemed User,
Welcome to Evesting, a digital financial marketplace (the “Platform”) that ensures grassroots financial inclusion in a wide array of financial products, which are aggregated through careful and deliberate curation of a series of financial products, offered and made easily accessible by our network of renowned financial service providers (“Service Providers”), with the sole aim of demystifying accessibility to financial products.
Please carefully read these terms and conditions ("Terms") below before subscribing to the Services or Products offered on this Platform. Once you register as a User on our Platform by signing up to use our Platform, either by phone or through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.
References in these Terms and Conditions to “you” (or such similar descriptions) are references to you as an individual or legal entity as the case may be.
1. The Contract between You and Evesting as a User
1.1 By using this Platform and subscribing to our Services or Products, you agree that Evesting is not a registered or licensed financial advisor, financial service provider, investment advisor or investment manager in any state in Nigeria and that it only offers its services on this Platform as a channel through which You as a User can benefit from financial opportunities offered by our service providers whose financial products are aggregated and listed on this Platform.
1.2 You agree to have a User Account on the Platform, which You will use to make payments for any of the financial offers listed on this Platform, by our service providers. This account will contain among other required information, a bank account details which will serve as a depository account, for the payment of returns on the financial offers you subscribe to on our Platform.
1.3 You agree that Evesting is not acting in a fiduciary capacity with respect to any user of Evesting services and Evesting disclaims any financial advisor-client relationship with respect to any party using any of the Services on this Platform.
2. The Contract between You and our Service Providers
2.1 You agree that since Evesting does not provide accounting, tax, financial or investment advice, you use this Platform as a pathway, as it is a one-stop shop for all your financial needs, that are offered by our service providers.
2.2 It is the responsibility of our service providers to ensure that you make the right financial choices, through an assessment of your financial situation, risk appetite and risk tolerance. Our service providers upon receiving funds from You, shall ensure that your capital is well invested, according to your instructions and that your returns on investment are paid into your User account or any other bank account of choice as and when due.
3. Eligibility for Use of Evesting Services
3.1 The Evesting Services or Products are available only to individuals who are at least eighteen (18) years old. You represent and warrant that if you are an individual, you are at least eighteen (18) years old, that you are fully able and competent to enter into the terms and conditions set forth in these Terms and other agreements relating to the use of the Evesting Services, and that all registration information you submit is accurate and truthful. Evesting may, in its sole discretion, refuse to offer any Service to any person or entity and may, in its sole discretion, change its eligibility criteria at any time.
3.2 Individuals under the age of eighteen (18), may utilize our Services only with involvement of a parent or legal guardian, under such person’s account.
4. Cancellation by You - User
4.1 To cancel your contract with us, you must notify us by sending an email, calling any of the telephone numbers listed on this Platform or by communicating your cancellation through the communication service (messaging)/live chat function on our Platform. The email address will be email@example.com
4.2 However, where there are sums due to be paid into your User Account by any of our service providers, the said sum shall be remitted into your User Account or any other designated bank account of your choice along with interests which may have accrued before or at the point of termination within 7 days of your notice of cancellation; less any cost which we or the service providers may have reasonably incurred in effecting the termination or sums we may charge for your use of our platform or for services rendered by our service providers prior to the cancellation.
5. Cancellation by Evesting
5.1 We reserve the right to cancel the contract between us if:
5.1.1 The Service(s) or Product(s) you have opted for can no longer be accommodated by our Platform.
5.1.2 You have presented inaccurate registration details.
5.1.3 You have been found to have breached any of the Terms and Conditions contained herein.
5.1.4 An inaccuracy is noticed on our Platform about any of the products or services displayed therein that needs urgent rectification.
6. Limitation of Liability
6.1 To the full extent permissible by law, in no event shall Evesting, its sister/subsidiary companies (if any), and directors, be liable under contract, tort, strict liability, negligence, agency relationship or any other legal or equitable theory with respect to any of the following:
6.1.1 Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our Platform or in connection with the use, inability to use, or results of the use of our Platform, any websites linked to it and any materials or products posted on it, including, without limitation to any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings/returns;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.1.2 Any bugs, viruses, trojan horses or the like (regardless of the source of origination).
6.2 You hereby release Evesting and hold it and its parents, subsidiaries, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation to, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services on our Platform. You waive the provisions of any state or local law limiting or prohibiting a general release.
6.3 You agree that you will use your own judgment before making any decision to subscribe to the offerings of our service providers or to accept an offer involving what is to you a material amount of money and Evesting will not be responsible for any loss of your anticipated returns as you agree that there are risks associated with the financial products.
6.4 You are solely responsible for evaluating the merits and risks associated with the financial products offered through this Platform before making any decisions based on such offers.
6.5 Without prejudice to the limitation of liability above, in the event of any problem with the Platform or any of the services on the Platform, you agree that your sole and exclusive remedy is to cease using the Platform. Under no circumstances shall Evesting, its subsidiaries, officers, directors, agents or employees be liable in any way for your use of Services, including, but not limited to, any errors or omissions in the Platform, downtime, any infringement by the Platform of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services or the subscription to any of the offers presented by our service providers.
7. No Professional Advice
7.1 It is important to note that while some of the Content on our Platform may relate to tax, investment, financial or accounting matters, Evesting is not providing tax, investment, financial, accounting or other professional advice to you, and you acknowledge that there is no professional relationship (including, without limitation to, any financial advisor-client relationship) between you and Evesting unless you expressly agree otherwise in writing outside of the context of the Evesting Services. Evesting does not provide financial or investment advice but its service providers, whose offers/products you seek to ultimately benefit from through your use of this Platform, do.
8. Third Party Rights
8.1 A person who is not a party to these Terms and Conditions has no right to enforce any of its Terms.
8.2 However, you agree that we may appoint agents and employ professionals in order to further effect your instructions. This appointment may be done without your consent. We shall not be held liable for any loss suffered on the financial choices you make on our platform or inability to assess our Platform in so far as we are not negligent in the appointment of such agents or engagement of such professionals or in ensuring that your access to our Platform is not impeded.
9. Third-Party Websites and Links to the Evesting Service
9.1 The Evesting Services may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Evesting Services. When you access third-party websites, you do so at your own risk. Those other websites are not under Evesting’s control, and you acknowledge that Evesting is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.
9.2 We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Evesting Services on our Platform, so long as: (a) the links only incorporate text, and do not use any of our Trademark; (b) the links and the content on your website do not suggest any affiliation with Evesting or cause any other confusion; and (c) the links and the content on your website do not portray Evesting or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Evesting. Evesting reserves the right to suspend or prohibit linking to the Evesting Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. The inclusion on another website of any link to the Evesting Services does not imply endorsement by or affiliation with Evesting. You further acknowledge and agree that Evesting shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
10. Important Notices Applicable to Your Use of this Platform
10.1 There are risks attached to the financial products offered by our service providers and your visit to our platform suggests that you are fully aware of the associated risks that the financial market presents. Your decision to subscribe to any of the offers listed on this Platform is based on your own independent evaluation and analysis or alternatively, based on the advice of your independent financial advisor. Our advice to you when you subscribe, is to project your financial situation, risk appetite and risk tolerance on any of the offers listed here, so that you are well aware of the implication of your decision.
11. Fees and Payments
11.1 Generally- Joining Evesting is free. However, we may charge fees for certain services. When you use a Service that has a fee associated with it, you will have an opportunity to review and accept the fees that you will be charged. Changes to fees may be effective without notice by posting the changes on the Platform. You are responsible for paying all fees and taxes associated with your use of the Evesting Services. Prior to the subscription to any Service, you may be required to provide us or our debit card processing company with a valid debit card number and associated payment information, including all of the following: (i) your name as it appears on the card; (ii) your debit card number; (iii) the debit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. For any Service or product that you have subscribed to on our Platform, you agree to pay the price applicable (including any taxes and surcharges) as of the time you submit the order. We will automatically bill your debit card or other form of payment submitted as part of the order process for such price.
11.2 Methods of Payment, Debit Card Terms and Taxes- All payments must be made through Visa, MasterCard, Verve (or other form of payment specifically accepted on the Platform) and also be in a currency permitted to be used on the Platform. We currently do not accept cash, personal or business checks or any other payment form for Evesting Services, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any debit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR DEBIT CARD BY A THIRD PARTY.
12. Intellectual Property Rights
12.1 Except for the rights expressly granted under these Terms and Conditions:
- All content included on this Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are all properties of Evesting Technologies Limited, our licensors and/or certain other third parties, where stated. We or our licensors, as the case may be, retain all the rights, titles and interests in and to the contents displayed on this Platform, including, without limitation to, all Intellectual Property Rights therein.
- Evesting owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on this Platform.
12.2 You agree that you have no right to use any of our trademarks without our prior written consent.
12.3 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.
13.1 You agree to indemnify, hold harmless, and defend Evesting Technologies Limited, its parent/subsidiaries and licensors, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation to reasonable attorney’s fees and fees of other professional advisers, arising out of or in connection with:
- Your use of the Services on our Platform.
- Your online conduct in connection with the Services.
- Your (or anyone acting under your password or username) violation or breach of these Terms
- Your failure to comply with any applicable laws or regulations in connection with the Services, or
- Any of your dealings or transactions from use of the Services.
13.2 You shall not settle any such claim without the prior written consent of Evesting Technologies Limited.
13.3 These obligations will survive any termination of these Terms.
14. Governing Law
14.1 The contract between us shall be governed by and interpreted in accordance with the Laws of the Federal Republic of Nigeria.
15. Dispute Resolution
15.1 If you have an issue with our Services, please contact us and we will endeavor to resolve your issue as soon as possible. Please note that disputes or claims arising out of or in connection with these Terms and Conditions shall be submitted to mediation in accordance with the Lagos Court of Arbitration (“LCA”) Mediation Guidelines 2011, which are deemed to be incorporated by reference into this clause. In the event that the dispute is not resolved through Mediation, the parties agree to immediately proceed to the Lagos Multi-door Court House. An award of the Multi-door Court may be entered and application made for its enrollment in any court having jurisdiction for purposes of enforcement. Each party shall bear its cost of the proceedings.
16.1 If any provision of these Terms and Conditions is determined by any Court of Competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and Conditions and the remaining provisions will continue in full force and effect, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
17.1 These Terms and Conditions cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms and Conditions at any time and from time to time. We will post the current version of these Terms and Conditions on this Platform or send same to you via your email address and each such change will be effective upon posting on this Platform or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms and Conditions as so modified.
18. No Waiver
18.1 Any waiver by us of any of the provisions of these Terms and Conditions will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Please direct any questions, complaints, or comments related to the Services on this site to firstname.lastname@example.org