1.1. About Us Crowdyvest is an impact-driven financial technology platform that creates financial solutions for a community of individuals and organisations that are committed to long-term growth and financial freedom.
1.2.Definitions For the purpose of this Policy:
1.2.A. Personal Data/Information means any information relating to you, including your name, identification number, location data, online identifier address, photo, email address, pins, passwords, bank details, posts on our Platforms, religion, date of birth, health, race/tribe, nationality, ethnicity, political views, trade union membership, criminal records, medical information, and other unique identifiers such as but not limited to MAC address, IP address, IMEI number, Bank Verification Number, IMSI number, SIM and others. It also includes factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
1.2.B. Process/Processing means any operation or set of operations which is performed on your Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
2.2. Access & Security You create an account when you sign up to our services either through the website or mobile application. Your password, pin or biometrics will regulate your access to your Crowdyvest account. By accessing the website or mobile application, you consent to using your password, pin or biometric to access the services which we provide via the Platforms. You also consent to receiving via electronic means all communications and notices which we are required by law to provide to you. You also agree to receive our product offerings (new or old) via the same means.
You shall not allow anyone else have or use your password details and you shall comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Crowdyvest will not be liable to you for any losses or damages that may occur.
You agree that your consent will remain in effect until you withdraw your consent as specified under this Terms of Use.
2.3. No Investment Advice By accessing the services through the Platform you understand and agree that the investment offerings and financial insights displayed on the Platform by Crowdyvest cannot be guaranteed and that Crowdyvest cannot be held responsible in any event of loss. You understand that all investments are prone to risk of loss, the decision to access any services provided via the Platform is at your sole discretion and elected risk. Your election to engage our savings and investment services are subject to your explicit enrollment and acceptance of this Terms of Use. You further agree that your use of the Platform or the services that can be accessed via the Platforms is for investment research purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a user to be responsible for your own investment research and investment decisions and that Crowdyvest does not hold itself, the services or its Platform as fail-proof. Except as otherwise provided in this Terms of Use, Crowdyvest shall not be liable for actions the user takes or that third parties using your account on the Platforms.
Disclaimer & Indemnity WE TRY TO KEEP OUR WEBSITE AND MOBILE APPLICATION SAFE AND BUG FREE AT ALL TIMES. HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTY (INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CROWDYVEST MAKES NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO FINANCIAL ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU THROUGH OUR WEBSITE OR MOBILE APPLICATION OR FROM CROWDYVEST, ITS SUBSIDIARIES, AFFILIATES OR ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. You agree to indemnify and hold Crowdyvest, its directors, officers, employees, agents, licensors, harmless from and against any claims, actions or demands, liabilities and settlement including without limitation legal and accounting fees, resulting from your failure to comply with this Terms of Use.
Limitation of Liability You expressly understand and agree that Crowdyvest, including its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Crowdyvest has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the services (b) failure or delay in providing the services (c) any performance or non-performance by Crowdyvest (d) any damages to or viruses that may infect your electronic devices or other property as the result of your access and use of our services (e) server failure or otherwise or in any way relating to the services.
Termination You may terminate this Terms of Use at any time subject to the maturity of your plans, by closing your Crowdyvest Account. Crowdyvest reserves the right to suspend your Crowdyvest account and your access to Crowdyvest services if; i. We are required to do so at any time by law. ii. You fail to comply with the provisions of this Terms of Use. iii. We choose to discontinue the services being offered or discontinue to operate the Platforms. iv. Non-payment of outstanding amounts. v. Where any fraudulent transaction occurs.
Applicable Laws and Dispute Resolution This Terms of Use shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. In the event of any dispute, attempts shall be made to solve such disputes amicably failure of which it shall be referred to the Lagos State Multidoor Court House for Arbitration. Smear Campaign In the event that there is a dispute or perceived grievance in relation to the use of the Platforms or our services, you hereby undertake to take the dispute resolution process highlighted in above or cause a notice of complaint to be issued to us via [email protected] for resolution of said dispute or perceived grievance. You further undertake to not embark on a smear campaign against us or any of the service providers on the Platforms. You agree that smear campaigns and disparaging comments are injurious to our brand and goodwill, consequently, you agree to resolve any issues or complaint through the approved channel provided above. Without prejudice to any provision under this Agreement, nothing shall preclude Crowdyvest from taking legal action against any user or persons relating or affiliated to the user who are in breach of the provisions under this clause. The user fully understands that monetary compensation shall not be enough to remedy a breach under this clause and therefore undertakes to cooperate with Crowdyvest in effecting any order, ruling or injunction of court aimed at preventing further breach and damage to Crowdyvest and/or persons related or affiliated to Crowdyvest.
Severability If any of the provisions of this Terms of Use is held to be unenforceable, such provision shall be substituted for an enforceable provision that encompasses the intent and effect of the affected provision.
Communications & Notices By signing up to our services, you automatically sign up for alerts via email and mobile notification. All enquiries and grievances can be directed to [email protected].
Amendments & Modifications We may amend our Terms of Use at any time without recourse or notification to you. We reserve the right to make changes to this Terms of Use as and when required by Crowdyvest. We advise that you check this page often to refer to the last modifications made. 10.Proprietary Rights of Crowdyvest You understand, acknowledge and agree that Crowdyvest is the sole owner of all rights, title and interest, including any and all intellectual property rights in the logos, trade names, brand names, designs and any necessary software used in connection with our services except for Third Party logos, trade names, brand names, designs, which applicable proprietary rights shall vest in the third parties accordingly. There may be proprietary logos, service marks and trademarks found on our website or mobile application whether owned/used by Crowdyvest or otherwise. By displaying them Crowdyvest is not granting you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate applicable intellectual property laws. Crowdyvest does not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms of Use. We and our third-party licensors retain all rights, titles, and interests in and to the services, the content of the Platforms, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title, from Crowdyvest to you or any third party. You are entitled to avail the services offered by Crowdyvest during the validity of your account with Crowdyvest.
Investments and Security for Investments: Crowdyvest Limited owns and operates a platform for the aggregation of funds (“Investment Funds”) belonging to several individuals, with the aim of investing such funds in viable commercial ventures and enterprises. In this regard, Crowdyvest is (without more) only responsible for management of the investment funds and to ensure that the Investment funds are channeled into the appropriate high yield/low risk commercial ventures. Crowdyvest Limited will not provide guarantees, collateral, or security in respect of the Investment funds or any part thereof. All Investment and Savings Funds on the Crowdyvest platform are not subject to pre-liquidation. Funds are only retrieved at maturity. Interests accrued on the platform will be subject to a withholding tax deduction as provided by the relevant and applicable laws.
Privacy Policy Crowdyvest Limited (“Crowdyvest”, “we”, “us”, “our”), recognizes your privacy rights as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria, The Nigerian Data Protection Regulation, 2019 and other applicable privacy laws in Nigeria (the “Applicable Law”). In the course of our business and/or your engagement with us and third parties through our Platforms (this includes but are not limited to our websites, digital platforms, mobile applications, physical operations/offices, amongst others), we may process your Personal Data, subject however to the terms of this Policy. This Privacy Policy (“Policy”) therefore explains our privacy practices with respect to how we collect, process your Personal Data and describes your rights as a user of any of our services and Platforms in accordance with the Applicable Law. This Policy applies to all our Platforms, and all related sites, applications, services and tools regardless of how they are accessed or used. In this Privacy Policy, “we”, “us” or “our” refers to Crowdyvest Limited and its successors, agents and assigns, while “you”, “your” refers to you and/or any person who subscribes for, uses or authorizes the use of the Service. As a user of any of our Platforms, you accept this Privacy Policy when you sign up for, or use our products, services, content, technologies or functions offered on our Platforms and all related sites and services (“Services”). Our Privacy Policy explains our user’s privacy rights regarding:
What information we collect
Why we collect such information
The use of such information
The storage, sharing and protection of such information
Your rights as a data subject.
Consent We request that you carefully read through this Policy and click on the ‘Agree’ icon below, if you consent to the terms of this Policy and to the processing of your Personal Data in accordance with the Applicable Law. Provided that, if you proceed to use any of our Platforms and services, it will deemed that you have provided your express consent to the terms of this Policy.
Age You must be at least 18 years old to use our services or any of our Platforms. Individuals under the age of 18, or applicable age of maturity, may utilize our Platforms services only with involvement of a parent or legal guardian, under such person’s account. Regardless, all Personal Data which we may process shall be in accordance with this Policy and other applicable laws.
Collection of Personal Data In the course of registration, access, and/or use of our Platforms, we may collect your Personal Data in the following ways: