These Terms and Conditions and any amendments and restatements hereof (the “Agreement”) form a legal agreement covering the provision of services from ACCELETE NIGERIA LIMITED to you (“User”),
ACCELETE NIGERIA LIMITED (hereinafter referred to as “the Company”), through its Website and Mobile Application called “Incash” aims to revolutionize the delivery of financial services. We help employers to strategically manage their funds and ensure that all the employees get their right to financial freedom by creating a platform that allows the employee users to withdraw on credit, the earned amount of salary at any point of time at an agreed transaction fees which credit is extended. By clicking “Join Now”, “Sign Up”, registering, accessing or using the Incash Platform, you agree to enter into a legally binding contract and be bound by the present Terms of Use. If you do not agree to any of the Terms of Use, you should not click “Join Now” (or similar) and should not access or otherwise use the Incash platform or the Product and Services. If you wish to terminate this agreement at any time, it can be done by closing the user account and no longer accessing or using the Incash platform or Products and Services.
When you use the Incash platform, you agree to all of these Terms of Use. The use of the Incash Platform is also subject to Incash’s other policies including but not limited to Privacy Policy which covers how Incash collects, uses, shares and stores personal information of users.
You acknowledge that you have read these Terms of Use, the other Policies including but not limited to the Privacy Policy and agree to all its terms and conditions. Incash reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use. We shall notify You of any updates or changes in the Terms of use. Post such notification, it shall be your responsibility to review the updated Terms of use. Your continued use of the Incash platform following the posting of changes to the Terms of Use and the aforementioned notification shall be deemed to mean that you have reviewed the updated Terms of Use and accept and agree to the updated Terms of use.
Incash reserves the right to terminate Your Account/this agreement and/or refuse to provide You with access to the Incash platform if it is brought to its notice or if it is discovered that you are not eligible to use the Incash platform.
These Terms of Use shall be deemed to be an electronic record laying down the mutually acceptable terms for use of Incash platform by You. Being an electronic record generated by or through a computer system, it does not require any physical or digital signatures.
DEFINITIONS
“ Employee” shall mean any person employed in full time confirmed service with the Employer, having a minimum service/employment history of 3 months with the Employer and a fixed salary.
“ Employer” shall mean any organization or entity whom employs the User Employee, with whom Incash has a separate agreement for facilitating extension of Salary Advance Facility from Incash to the User Employee and who has agreed to repay the Salary Advance Facility by debiting the salary of the User Employee, on behalf of the User Employee.
“ Transaction Fees” shall mean the charges payable by the User Employee to Incash for availing the Salary Advance Facility.
“ Products and Services” shall mean products, features, services, technologies, software etc. that are being offered on the Incash platform.
“ Repayment Account '' shall mean a bank account designated by Incash for collection of all the sum of money due to be repaid by the User Employees and wherein the Employer would deposit the said sums after deducting the same from the salary of the User Employee.
“ Salary Advance Facility” shall mean the amount sanctioned in the form of loan/credit facility as advance salary subject to appraisal by Incash and agreed to be disbursed to the User Employee as per the Salary Advance Facility Documents; irrespective of whether such disbursement is in whole or parts, as per the request of the User Employee through the platform belonging to Incash.
“ Salary Advance Facility Documents” shall mean the Agreements or any other document (as amended, restated or modified from time to time) executed by the User Employee/Employer with Incash for the grant of Salary Advance Facility, capturing the terms and conditions for the grant of Salary Advance Facility by Incash including but not limited to loan application, facility/loan/credit facility agreement, security documents, etc. or any other document stipulated by Incash from time to time.
“ User Employee” shall mean any Employee employed with the Employer, who are registered users of the Incash platform and have agreed to draw advance salary by availing Salary Advance Facility from Incash, on the basis of leads/reports generated by the Incash platform.
These Terms of Use set out the binding terms and conditions for use by a User Employee (“You”) of the Incash platform and the related Services as defined herein below.
ACCEPTANCE OF TERMS OF USE
Incash platform along with the Products and Services are licensed and not sold (hereinafter together referred to as “the License”) to You for use only and solely in line with present Terms of Use.
This License is being provided by the Company ACCELETE NIGERIA LIMITED, a company incorporated under the laws of the Federal Republic of Nigeria and having its registered office at ,10th Floor, Eleganza Biro Plaza, 634 Adeyemo Alakija Street, Victoria Island, Lagos State. The terms Incash and the Company are used interchangeably in the Terms since Incash is a platform owned and run by the Company.
4. ACCOUNT CREATION
In order to use the Incash platform and Product and Services, you will be required to create an account (“Account”). As part of the Account opening process, you have to provide your name, gender, date of birth, age, phone number, photograph, other personal details, an e-mail address and a password etc. which is to be used for logging into the Account in the future. Further, in order to avail the Salary Advance Facility,
You will have to inter alia provide details including but not limited to your Employment Details (employee identification number with the Employer, official email id, bank details, proof of salary earnings or bank statement in the alternative, salary and salary due date), KYC details (,National Identification Number and a valid form of Identification.).
You hereby agree and undertake that you will not transfer or share your Account details and password with anyone. The confidentiality of your username and password is to be maintained by you as your sole responsibility and in case of any misuse or unauthorized access of the Account you shall be solely liable for the same. Further, in case of any such misuse or unauthorized access it would be your responsibility to immediately inform and notify Incash.
5. USER ELIGIBILITY AND THE CONDITIONS OF USE
You explicitly agree, represent and warrant that you:
can enter into legally binding contracts and have the capacity to enter into the present contract.
shall not give access to your respective Account to others or transfer Account to anyone else.
you or your Account has not previously been disabled by Incash for violations of its terms or policies.
are not prohibited from using the Incash platform or the Products and Service under applicable laws or orders/directions/judgments of courts.
shall not do anything that is unlawful, misleading, discriminatory or fraudulent.
shall not access or collect data from Incash platform using automated means or attempt to access data for which there is no permission to access.
shall not breach these Terms or any other Terms and policies that apply to use of Incash platform.
during the use of the Incash platform, shall not provide any information is misleading or false in any way.
AVAILING THE PRODUCTS AND SERVICES
You may, after opening an Account on the Incash platform, apply for Salary Advance Facility by submitting your request on the Incash platform through a form on the Incash platform or through the Human Resource Manager of the Employer which shall contain the details of the proposed Salary Advance Facility including but not limited the amount, the date of repayment, mode of disbursement etc. (hereinafter referred to as the “Application Form”).
As a part of the application for Salary Advance Facility you shall be required to provide details and documents relating, including but not limited to, income, employment or professional status, such other information as Incash may require in terms of the KYC Regulations applicable to it (“Preliminary Information”).
You shall also be required to sign and execute the Salary Advance Facility Documents, as may be required by Incash, from time to time.
Subject to due diligence/approval by Incash, the Salary Advance Facility may be extended to You subject to your agreeing to pay the Transaction Fees as provided for in the Salary Advance Facility Documents.
You agree and understand that the Salary Advance Facility would be extended strictly in terms of the Salary Facility Documents executed between You and the Incash along with the present Terms of Use and the Privacy Policy.
You hereby also irrevocably authorize the Employer to deduct the amount of the Salary Advance Facility, and the Transaction Fees, whenever the same are due as per the Salary Advance Facility and deposit the same in the Repayment Account as designated by Incash.
The present Terms of Use, Privacy Policy, Application Form, Salary Advance Facility Documents and all other documents executed by You shall form the entire understanding for the purpose of extension of the Products and Services.
LICENSE AND ITS SCOPE
As long as You comply with these Terms of Use and other policies including but not limited to Privacy Policy, Incash grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Incash platform and Product and Services.
You may not rent, lease, lend, sell, redistribute or sublicense the Incash platform for any purpose including but not limited to any business or commercial use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Incash platform and/or Products and Services, any updates or any part thereof. The terms of this License will govern any upgrades provided that replace and/or supplement the original Incash platform and/or Products and Services, unless such upgrade is accompanied by a separate license in which case the present Terms of Use and the terms of the license for that upgrade will govern.
SPECIFIC PERMISSIONS, CONSENT AND AUTHORIZATIONS GIVEN BY YOU
You hereby agree, permit, consent, authorize and provide:
A non-transferable, non-sublicensable and limited right to Incash to use, store, copy, update, process, and share information, details, documents etc. relating to You, that You provide on or through the Incash Platform with your voluntary and informed consent solely to provide the earned Salary advance facility. You agree and provide your consent to share your information accessed by Incash provided on or through the Incash Platform for providing the earned Salary advance facility, for the following purposes:
extending and facilitating the earned salary advance facility.
KYC verification and authentication by agencies duly authorized by Incash.
legal and regulatory purposes.
providing You an improved and a better user experience.
Further sharing of your information with any third party for purposes except as outlined above shall be subject to prior intimation and your consent.
Consent and authorization of the Employer to share Your attendance data, other details etc. to enable calculation of maximum Salary Advance Facility that You may be eligible to draw based on the number of hours/days you have worked with the Employer.
Consent to receive all communications at the mobile number provided.
Consent to using 3rd party service to verify KYC details including phone number and bank account
Specific consent to share the Application Form, Preliminary Information, all other details and information relating to You including personal information and KYC documents etc.
Irrevocably authorize the Employer to deduct, at source, the amount of the Salary Advance Facility, and the Transaction Fees and deposit the same in the Repayment Account towards repayment to Incash.
INTELLECTUAL PROPERTY RIGHTS BELONGING TO INCASH
These Terms of Use do not transfer to you any Intellectual Property Rights and other proprietary information including but not limited to copyright, trademarks, service marks, graphics and logos used in or in connection with the Incash platform or the Products and Services. The said Intellectual Property Rights are owned by Incash or third-parties and all rights, titles, and interests in and to such property will remain solely with Incash platform or third parties, as the case may be.
Your use of Incash Platform or Products and Services grants you no right or license to reproduce or otherwise use any Incash or third-party Intellectual Property Rights. You cannot copy, post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information of Incash, third parties etc.
LINKS TO THIRD PARTY APPLICATIONS OR WEBSITES
Incash platform may contain links and interactive functionality interacting with the websites or applications of third parties including but not limited to payment gateways, links to advertisements etc.
Incash is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party website or application. Incash shall not be liable or responsible for any such interactions that you may have with any such third party websites, applications or links etc.
DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly acknowledge and agree that use of Incash Platform or the Products and Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy etc. is with you.
Incash platform and the Products and Services are provided on “as is' ' and “as available” basis, without warranty of any kind.
Incash hereby disclaims all warranties and conditions with respect to the Incash platform and Products and Services, either express or implied including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights.
Incash does not warrant against interference with your enjoyment of the Incash platform and Products and Services, that the functions contained in, or services performed or provided by the Incash platform will meet your requirements, that the operation of the Incash platform or Products and Services will be without delays, disruption or imperfections, uninterrupted or error-free, or that defects in the Incash platform will be corrected.
Incash shall not be liable under any circumstances for damages arising out of or related in any way to your inability to access, or your difficulty in accessing the Incash platform, any hacking attacks, malware infection, bugs, viruses, trojans, or the like, which may be transmitted to or through the Incash platform by any third party (even though all efforts will be made to secure the Incash platform); any loss of your data or your failure to keep your password or Account details secure and confidential
Incash shall have no responsibility for any damage to your mobile handset or computer system or loss of data that results from the download of any content, materials, document or information.
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LIMITATION OF LIABILITY
To the extent not prohibited by law, in no event shall Incash be liable for personal injury or any exemplary, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, information, content, personal loss, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Incash platform or Products and Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Incash has been advised of the possibility of such damages.
Notwithstanding anything contained herein or the Privacy Policy or any other policy, in no event shall Incash’s total liability to you for all and any damages, losses, claims etc. exceed the amount of Transaction Fees paid by you for availing the Salary Advance Facility.
INDEMNIFICATION
You agree to indemnify and hold Incash and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, incurred in connection with or arising from your breach of any of the Terms of Use or other policies including but not limited to the Privacy Policy and any third-party allegations, claims, actions, disputes or demands asserted by any of them as a result of or relating to your use of Incash platform and Products and Services or breach of any of the present Terms of Use or other policies including but not limited to the Privacy Policy.
FORCE MAJEURE
Notwithstanding anything contained herein or the Privacy Policy or any other applicable policy, Incash shall under no circumstances be held liable for any damages, losses, loss of Products and Services etc. resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, acts of nature, failures of internet or computer/telecom equipment, change in regulations, riots, epidemics, storms, civil disturbances, floods etc.
TERMINATION
The agreement is effective until terminated by You or Incash. You can terminate this agreement at any time by closing the user account and no longer accessing or using the Incash platform or Products and Services.
Your rights under this agreement will terminate without notice if You fail to comply with or breach any of the Terms of Use or any other policies including but not limited to Privacy Policy or it is discovered that you are not eligible to use the Incash platform.
Upon termination of the License, You shall cease all use of the Incash platform and Products and Services and destroy all copies, full or partial, of the Incash platform. In case of any termination by either You or Incash or in case of deletion, uninstallation, discontinuation of use of the Incash platform, You will not be absolved from your obligation and liability of repaying the outstanding dues including but not limited to the amount of the Salary Advance Facility and the Transaction Fees to Incash nor any rights of recovery in relation thereto would be waived of.
GOVERNING LAW, JURISDICTION AND ARBITRATION
This Agreement shall be construed in accordance with the laws of the Federal Republic of Nigeria.
Any controversy between the parties to this agreement involving the construction or application of its terms, provisions or conditions (including no contractual issues) shall first be discussed by authorized representatives of either party with the intent to resolve it. If the Parties are unable to reach a resolution within 10 business days from the commencement of such discussions, the matter may be referred to arbitration, to be presided over by a single arbitrator at the Lagos State Multi-Door Courthouse in accordance with the provisions of the Arbitration and Conciliation Act 2004 and its extant Rules. The seat of the Arbitration shall be Lagos State.
AMENDMENTS AND MODIFICATIONS
Incash reserves the right to modify this Terms of Use or policies including but not limited to Privacy Policy relating to the Incash platform or Products and Services at any time, effective upon posting of an updated version of this Terms of Use or the said policies, as the case may be, on the Incash platform. Upon doing so, the revised updated date shall be reflected at the bottom of the page containing the Terms of Use or the said policies. Continued use of the Incash platform or Products and Service after any such changes shall constitute your consent to such changes to the Terms of Use or said policies.
UPDATING YOUR INFORMATION
It is your responsibility to provide us with true, accurate and complete personal details, and to keep such information up to date.
You may update your information by logging into your account and visiting account settings or by contacting our support team via email at team@incash.africa