November 22, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MIGO SERVICE WITH A MOBILE DEVICE OR BY ANY OTHER MEANS. BY ACCESSING, VIEWING, OR USING THE MIGO SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AND ANY CHANGES WILL BE INCORPORATED INTO THESE TERMS AND CONDITIONS FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, VIEW, OR USE THE MIGO SERVICE BY MOBILE DEVICE OR BY ANY OTHER MEANS. PLEASE NOTE THAT IF YOU ARE AN EXISTING CUSTOMER OF THE MIGO SERVICE, THESE TERMS WILL APPLY IN ADDITION TO THOSE CONTAINED IN YOUR ACCOUNT OPENING DOCUMENTATION AND CUSTOMER AGREEMENT. ALL OUR PRODUCTS AND SERVICES MAY BE SUBJECT TO ADDITIONAL SEPARATE TERMS AND CONDITIONS WHICH GOVERN THEIR USE.
MIGO IS EXCLUSIVELY LICENSED TO SUPPORT MICROFINANCE BANK LIMITED FOR USE IN THE FEDERAL REPUBLIC OF NIGERIA.
References to "you" or "your" are references to any person accessing, using, or viewing the Migo service via the Migo mobile application or by any other means.
References to "we", "us" or "our" are references to Support Microfinance Bank an entity duly incorporated and licensed by the laws and regulations of the Federal Republic of Nigeria to provide the Service either directly or in partnership. Partner entities are selected by the Service at the time of your Use.
1.1. "Account" means a current or savings account or other account maintained at any financial institution in Nigeria.
1.2. “Agreement” means the legal agreement created between you and us that includes all terms, definitions, and provisions set forth in these Terms and Conditions.
1.3. “App” means a Migo mobile application used to access the Migo service.
1.4. “Card” means a payment instrument used to issue financial transactions including, but not limited to, Verve Card, Naira Mastercard, Visa Card, or any other payment instrument.
1.5. “Credentials” means a secret token or set of secret tokens used to authenticate and/or authorize a financial transaction on your behalf including, but not limited to, Account passwords, Card PINs, Card expiration dates, or Card Verification Value (CVV).
1.6. “Customer Service” means any personnel provided by us or any third-party to assist with the use of the Migo service or to provide any information whatsoever about the Migo service.
1.7. “Telco” - a company duly licensed by the NCC (National Communications Commission) to operate a telecommunications network and provide telecommunications services in Nigeria, on whose network you are using the Migo service.
1.8. “Default” means any failure to meet your financial obligations due to us, as and when due as we have independently determined and communicated to you, as a result of your use of the Migo service.
1.9. “Device” means any electronic device using a SIM (Subscriber Identity Module) card registered for use by a Telco approved by us with the ability to run a mobile application that communicates via the internet, and/or via USSD (Unstructured Supplementary Service Data), and/or via SMS (Short Message Service), and/or any other means as us or the Telco may deem appropriate from time to time.
1.10. "Instruction" means your request to us for banking services.
1.11. “Parties” means you and us severally, the parties to this Agreement.
1.12. “Personal Data” means any data, details, or information about you or your activities, provided to us either directly by you or by a third party, or gathered through the access, view, or use of the Migo mobile application or any other service provided by us. This includes technical information about your Devices and related software, hardware and peripherals you use, your call data records, bank usage, utility usage, SIM registration data, and any other information about you we deem appropriate to collect from time to time to offer you services.
1.13. “Regulator” means the Central Bank of Nigeria (CBN) or the National Communications Commission (NCC), or any other regulating branch of the Federal Government of Nigeria as appointed to regulate banking and/or telecommunications from time to time.
1.14. “Requirements” means that you are over 18 years of age and have a properly registered SIM card with the Telco. The SIM card must be active for at least 90 days prior to your use of the Migo service.
1.15. “Service” means the Migo service, any App, or any payment or financial transfer method provided by us or a third party for interaction with the Migo service, the use of any Customer Service line provided by us or a third party for the purposes of providing information of any sort about the Migo service or your use of the Migo service. The Migo service comprises of the following services:
1.15.1. Instant Cash Loan Service;
1.15.2. Instant Mobile Savings Account Service;
1.15.3. Communication about the Migo service;
1.15.4. Communication about your use of the Migo service;
1.15.5. such other services as we may make available from time to time.
1.16. “Third Party” means any party, including their successors and/or assigns, employed or engaged for the purposes of delivering and/or maintaining the Service.
1.17. “Use” means your accessing, viewing, or engaging with the Service, whether by a Device, or one of our employees, or by any other means made available by the Service.
2. ACCEPTANCE OF AGREEMENT
BY USING THE SERVICE YOU INDICATE THAT YOU UNCONDITIONALLY ACCEPT THE TERMS OF THIS AGREEMENT AND YOU AGREE TO ABIDE BY THEM. For the avoidance of doubt, MINES.IO Nigeria Limited is a technical service provider to us and these Terms and Conditions do not create any agreement or obligations between you and MINES.IO Nigeria Limited.
3. TERM OF AGREEMENT
This Agreement is in effect until you discontinue your Use of the Service and all financial obligations with regard to your Use of the Service have been fulfilled.
4. RIGHT TO MODIFY AGREEMENT
We reserve the right to modify these terms and conditions at any time without notice to you by posting to this website. Your continued Use of the Service will constitute your acceptance of any such changes.
5. OWNERSHIP OF SERVICE
We are and remain the owner of the Service at all times, and you must not attempt to copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the Service in any way.
6. RIGHT TO MODIFY SERVICE
We reserve the right to modify the Service, in any way we deem appropriate or necessary, without notice to you. Your continued Use of the Service will constitute your acceptance of any such changes.
7. LICENSE TO USE THE SERVICE
If you satisfy the Requirements and agree to abide by the terms of this Agreement, we grant to you a personal, non-assignable, non-transferable, non-exclusive licence to use the Service in accordance with those terms, as amended from time to time, and subject to any rules or policies applied by the appropriate Regulator in Nigeria. If you do not satisfy the Requirements or do not agree to any of these terms, we do not license the Service to you and you must not use the Service.
8. RIGHTS IN THE SERVICE
You acknowledge that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service or the technology used or supported by the Service other than the right to use the Service in accordance with the terms of this Agreement.
9. SERVICE AVAILABILITY
9.1. Use of the Service may from time to time be unavailable, delayed, limited or slow due to, but not restricted to the following factors:
• force majeure
• labour strike actions
• hardware failure
• software failure
• overload of system capacities
• failure of or suspension of public or private telecommunication networks
• interruption of power supply or other utilities
• government or regulatory restrictions, court or tribunal rulings, amendment of legislation or other human intervention
• any other cause whatsoever beyond our control
9.2. You acknowledge and agree that internet and telecommunications transmissions are never completely private or secure. You understand that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
9.3. All content and services on or available through the Services are provided on an "as is" basis and we do not make any representation or give any warranty or guarantee in respect of the Service or its content.
9.4. We may discontinue or make changes in the Service at any time without prior notice to you and without any liability to you.
9.5. We may in our sole discretion terminate your Use of the Service for any reason, including without limitation where we believe that you have not acted in accordance with the terms and conditions of this Agreement.
9.6. The information provided by the Service is believed to be reliable, but we do not warrant its completeness, timeliness or accuracy.
10. NO WARRANTIES OR REPRESENTATIONS IN INFORMATION
Although we have taken all reasonable care to ensure that the information provided by the Service is accurate, we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness or completeness of any such information. We will not be liable for any errors or omissions in the materials and information provided on the Service or for any delay, difficulty in use, inaccuracy of information, computer viruses, other defect in the Service or your inability to use the Service to your satisfaction.
11. NO OFFER TO PURCHASE SHARES
The information provided by the Service is not intended as an offer or solicitation for the purchase of shares or any other security.
12. COPYRIGHT AND TRADEMARKS
12.1. Copyright in works contained in the Service, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by MINES.IO Nigeria Limited. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Service or any of its components or content.
12.2. The name ‘Migo’, the name ‘Kwik Cash’, and the Migo logo are registered trademarks of MINES.IO Nigeria Limited. All other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.
13. THIRD PARTY SERVICES
Where we provide links to, or information on, Third Party services, you agree to use such service entirely at your own risk and we accept no responsibility or liability for the content or use of such services.
14. AUTHORISATION TO COMPLY
You agree that we are irrevocably authorised to comply with any Instructions the Service receives on your behalf and it is agreed that such Instruction shall be irrevocably deemed to be your Instruction.
15. RIGHT TO USE YOUR PERSONAL DATA
15.1. BY USING THE SERVICE, YOU AGREE TO GRANT US AN IRREVOCABLE WRITTEN CONSENT TO ALLOW US TO COLLECT AND USE ANY PERSONAL DATA AVAILABLE OR MADE AVAILABLE TO US, FROM ANY SOURCE OR PROVIDER, FOR THE PURPOSES OF PROVIDING SERVICES TO YOU OR OPENING AN ACCOUNT FOR YOU. We agree to only use your Personal Data for the express purpose of providing services to you directly or through a third party, ascertaining the risk of providing services to you, or communicating with you about services you are using, or communicating with you about services you are or may be interested in, or otherwise as described by this Agreement.
15.2. You consent that we may disclose and/or transfer your Personal Data to any other person or entity we deem necessary or appropriate provided they also agree to the terms and conditions regarding the use of your Personal Data as described in this Agreement.
15.3. You consent to the transmission, transfer or processing of Personal Data to, or through, any country in the world, as we deem necessary or appropriate. Such transmission, transfer, or processing will be governed by the terms and conditions described in this Agreement.
15.4. If we have a duty to disclose and/or transfer, or are compelled to so disclose and/or transfer, your Personal Data as required by law or by Regulators you agree to consent to such disclosure and/or transfer without any restrictions.15.5. We agree to abide by all requisite data protection laws in relation to your Personal Data.
16. RIGHT TO ENFORCE COLLECTION
16.1. BY USING THE SERVICE, YOU AGREE TO GRANT US AN IRREVOCABLE WRITTEN AUTHORISATION TO ISSUE OPEN-ENDED DIRECT DEBIT MANDATES FOR ALL ACCOUNTS YOU OWN NOW, OR AT ANY POINT IN THE FUTURE. IF YOU DEFAULT, YOU AGREE THAT WE HAVE YOUR WRITTEN AUTHORISATION TO PLACE A LIEN ON EVERY ACCOUNT YOU OWN NOW, OR AT ANY POINT IN THE FUTURE, TO RECOVER ANY OUTSTANDING BALANCE YOU OWE US BY THE EXECUTION OF THE DIRECT DEBIT MANDATE. You further agree that if you default we may execute such direct debit mandates, singularly or severally, from one or more of your Accounts, without any notice or further obligation to you, and may continue to execute direct debit mandates on your Accounts until such time as your financial obligations to us have been fulfilled. We warrant and represent that we will only execute a direct debit mandate if you Default.
16.2. If you default, you agree that we shall have the right to report you to the Regulator as a fraudulent actor in the banking system and shall work with the Regulator and any third parties of our choosing to enforce regulation such as the BVN (Bank Verification Number) Watchlist. You further agree that we shall have the right to block your access to and use of electronic financial transactions using your payment cards, your phone numbers, your account numbers, or your personal identity, and shall have the right to enforce any other applicable law or regulation as applies to fraudulent financial actors in Nigeria.
17. RIGHT TO NOTIFY
BY USING THE SERVICE, YOU GRANT US AN IRREVOCABLE WRITTEN AUTHORISATION, TO NOTIFY ANYONE, PUBLICLY OR PRIVATELY, BY ANY MEANS OF COMMUNICATION WE DEEM APPROPRIATE OR NECESSARY, ABOUT YOUR USE OF THE SERVICE. YOU AGREE TO ALLOW US TO USE YOUR PERSONAL DATA, OR ANY OTHER MEANS OR MANNER WE DEEM APPROPRIATE OR NECESSARY, TO DETERMINE WHOM TO NOTIFY. We warrant and represent that we will only make such notifications as it pertains to your use of the service.
18. YOUR OBLIGATIONS
18.1. You agree to fulfill any financial obligations that result from the use of the Service by the due date communicated to you by the Service for those financial obligations, whether such obligations are loan interest, or fees, or taxes, or any other financial obligations communicated to you by the Service from time to time. You acknowledge that failure to fulfill such financial obligations by the communicated due date for those obligations constitutes a breach of this Agreement.
18.2. You agree to Use the Service for your personal purposes only.
18.3. You agree to change your Card Credentials and/or Account Credentials immediately you are made aware that it has become known to someone else. You acknowledge that failure to do so immediately is considered a breach of this Agreement.
18.4. You agree to report to the Telco immediately you are made aware that your Device has been lost or stolen. You acknowledge that failure to do so immediately is considered a breach of this Agreement.
18.5. You agree to urgently notify us immediately upon your suspicion that the confidentiality of your Credentials have been compromised.
18.6. You must:
18.6.1. not use the Service in any unlawful manner, or for any unlawful purpose, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system or device used by the Service;
18.6.2. not use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users;
18.6.3. not carry out reverse engineering in respect of the Service;
18.6.4. comply with any applicable law and regulation relating to use of the Service, including any applicable law or regulation governing the downloading of any App, otherwise exporting the technology used or supported by Service, which may include but is not limited to not using the App in a country where the use of such Apps or Services is unlawful;
18.6.5. not use the Service in any way other than for the purposes expressly described in this Agreement; and
18.6.6. not attempt to gain unauthorized entry into our systems or any Third Party systems, or misuse Credentials, or misuse of any information provided by the Service.
19.1. You agree to indemnify us for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including those listed under Section 14.
19.2. You agree to indemnify us for the Service not meeting your individual requirements or the Service containing defects or errors, as the Service has not been developed specifically for you. You acknowledge it is your responsibility to ensure that the facilities and functions of the Service meet your requirements.
19.3. You agree to indemnify us from any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the Service.
19.4. Our maximum liability to you in respect of any Instruction you make using the Service shall be to refund the interest or fees paid to us for a particular financial transaction, and/or to refund any proven erroneous payment above any interest or fees due to us for a particular loan transaction.
19.5. We are exempted from any form of liability whatsoever for complying with any or all Instruction(s) given by means of the customer's Credentials and accordingly, we shall not be responsible for any fraudulent, duplicate or erroneous Instructions.19.6. We are expressly exempted from any liability arising from unauthorized access to your Accounts and/or data as contained in the our records, which arises as a result of your inability and/or otherwise to safeguard your Credentials and/or failure to prevent the viewing of your Account information or your Credentials.
19.7. We are exempted from any liability as regards breach of duty of secrecy arising out of your inability to observe and maintain the secrecy of your Credentials.19.8. We are exempted from any liability for loss that may arise as a result of your inability to fulfill your responsibilities as stated in Section 18.
19.9. We are exempted from any liability for loss that may arise as a result of acts of hackers and other unauthorized access to your Account via the Service.
19.10. You hereby irrevocably accept responsibility for any fraud, loss and/or liability to the bank or third party arising from usage of your Credentials with the Service.
19.11. You agree to indemnify us in all circumstances from liability for any lost profits or any form of damages arising out of any use of or inability to use the Service or any portion thereof, regardless of whether we have been informed of the likelihood of such damages occurring and regardless of the form of action, whether in contract, tort, or otherwise.
19.12. Nothing herein shall be interpreted as limiting or reducing our obligations to customers in accordance with applicable laws in force in the Federal Republic of Nigeria and banking and other financial institutions regulations that may be laid down from time to time.
20.1. We may terminate this Agreement immediately at any time, with or without notice, if you have breached this Agreement.
20.2. We reserve the right to cease operating the Service and terminate this Agreement at any time without notice.
Failure or omission by a party at any time to enforce or require strict or timely compliance with any provision of this Agreement shall not affect or impair that provision in any way or the rights of that party to avail itself of the remedies it may have in respect of any breach of that provision.
If any part of this Agreement is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of this Agreement.
If for any reason a court of competent jurisdiction or a Regulator finds any provision of this Agreement, or portion thereof, to be unenforceable, we will replace that provision or portion of the Agreement with such enforceable provision or portion as comes closest to the intent underlying the unenforceable term or condition.
24. GOVERNING LAW
This Agreement shall be governed by, and interpreted in accordance with, the laws of the Federal Republic of Nigeria.
25. SUCCESSORS AND ASSIGNS
This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns.
26. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties with respect to the subject matter hereof.
27. EXISTING AGREEMENT
This Agreement shall supersede any other agreements you have entered into with us.
28. DISPUTE RESOLUTION
28.1. You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this Agreement, your Use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding arbitration.
28.2. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private solicitation or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.
28.3. In the case of such a dispute, you agree to present to us, in writing, a letter specifying the nature of your dispute, the point(s) in issue and your intention to refer the dispute to mediation at the Lagos Multi-Door Court House. If you and us fail to resolve such dispute or difference by further consultation within a period of fourteen (14) days from the date upon which such further notice of dispute or difference has been received by us, or such longer time as we may jointly agree, we both agree that we may choose to refer the dispute to the Lagos Multi-Door Court for mediation and if the dispute is not resolved by mediation at the Lagos Multi-Door Court within a period of 15 days from the date of submission, we both agree that we choose to refer the dispute to arbitration in accordance with the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004. The arbitration shall be by a sole arbitrator appointed jointly by the Parties. If the Parties do not agree on a person to act as the sole arbitrator, the Chief Judge of the Federal High Court shall appoint the sole arbitrator. The place of arbitration shall be Lagos, Nigeria. The language of Arbitration shall be English.
28.4. This mediation/arbitration clause will survive the termination of this Agreement.