Terms of Use

INTRODUCTION

Carefully read these Terms of Use before using any of our other Services or platforms. A continuation of the use of our services will be rightly deemed your acceptance of all the terms and conditions stated herein and agreement to be bound by the Terms. Customers who are under 18 years of age should review these terms and conditions with a parent or guardian.

For any disagreement with any part hereof, do not access or continue the use of the service or Platform.

Our Services, Channels, Platform and customers shall all be subject to any applicable regulatory guidelines or rules. All such guidelines or rules are hereby incorporated by way of reference into the Terms of Use.

PARTIES

“We,” “Us” and/or “Our” refers to Aella Financial Solutions Limited, Aella Credit, Aella Services and Aella Platforms and Aella Channels whilst “You” refers to customers and any user of any of Aella website, Aella Mobile Application Aella Services, Aella Platforms, Aella Mobile Application and all other Aella related products and channels as the context may so admit.

THE SERVICES AND PLATFORM

We are a financial solution driven organisation providing easy, secure, fair and fast means of making and completing various financial transactions. These include but is not limited to purchasing airtime, pay bills and utilities, and other moneytart transactions via the web (www.aellacredit.com)

All transactions performed are final and cannot be recalled except in the case of a proven fraud.

Aella does not have any control over, and are not responsible or liable for, the products or services that are paid for with our Services and/or Platform. We cannot ensure that a service provider you are dealing with will actually complete the transaction

CONVENIENCE FEES

Some services on our websites, channels, Application or platform would attract a charge. For a list of services that would attract fees, please click on our FAQ.

DAILY LIMITS

Please click on our FAQ for a description of the minimum and maximum amounts that can be paid using this website, channel, Application or platform.

SECURITY OF TRANSACTION

We deploy a two-factor authentication software for fraud, risk and compliance monitoring, known as Safetoken. Safetoken generates a 6-8 digit One-Time-Password (OTP) whenever a transaction is initiated via the Platform. To learn more about Safetoken please click on our FAQ.

FAILED TRANSACTIONS AND REVERSALS

In the event of a failed transaction (i.e. user has been debited for transaction, but value was not received), please send the following details to [email protected] for resolution: user’s mobile number, transaction amount, transaction date, transaction type and any other detail we would request to enable us resolve your complaint. We shall use our best endeavors to liaise with the applicable financial institution, telecommunication company and/or merchant to reverse the said sum as soon as possible.

All complaints should be received within 48 hours of completing such transactions.

NOTICES

Your email address and phone number supplied at sign-up or initiation of the transaction will be used as a means of communicating information, notices and documents to you. Any changes thereof should be sent to [email protected]

SECURITY AND UNAUTHORISED USE

All transactions conducted using your computer (personal or otherwise), mobile phone, tablet or other electronic device (“Device”), payment card or account shall be deemed by and authorized by you. You are responsible and liable to keep all of these secure.

• All passwords must be kept secret. The Confidentiality and Security of your username and associated passwords remain your liability.

• You remain responsible and liable for all activities undertaken using your username, associated password or Device.

• We accept no liability for any unauthorized use of your Device, payment card or account or any effects of same.

• In the event your Device has been stolen or there is an unauthorized access to your payment card or account, it is your responsibility to immediately notify your bank or financial institution issuing such card to restrict transactions on your card and account.

• In the event your Device has been stolen or there is an unauthorized access to your Aella account or Application, promptly notify us at [email protected]

• If you dispute any purchase or withdrawal on your card or account, you will be required to prove that the transaction was effected without your authorization and such transaction will be investigated by our Fraud Team on receipt of your notification at [email protected]

In all circumstances, the terms stated herein are applicable.

SUSPENSION OF ACCESS TO PLATFORM

We hereby reserve the right to suspend, restrict, or terminate your access to the Platform (in whole or in part) without any notice or liability in the following circumstances:

• Upon receipt of instructions from you to suspend or terminate your access to the Platform

• Upon receipt of notification from you that your Device has been lost or stolen

• If we suspect the Platform is being used for fraudulent or other illegal activities.

• If we are of the opinion that you have breached a provision contained in this Terms of Use.

• If we are of the opinion that continued access to the Platform will be detrimental to our business.

• If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

• If we are required by an order of a court of law, legal provision or regulatory injunction to suspend your account or your class of account.

UNACCEPTABLE USE

You shall not and shall not permit any person using your Device or account to:

• use this Platform in a way that causes or could cause modification (other than our provided update), damage or restrict the availability or accessibility of the Platform;

• store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;

• conduct any fraudulent or illegal activities via the Platform;

• You hereby understand and agree that if a fraudulent activity is associated with the operation of your account, We have the right to apply restrictions to your account and report to the appropriate law enforcement agencies

PRIVACY STATEMENT

• We remain committed to your personal information (full name, mobile phone number and email address) and shall use our best endeavors to ensure that your personal information is secure on our systems.

• We may use your personal information for:

providing you the service, processing transactions and sending you related information; providing, maintaining and improving our services; sending support and administrative messages to you; responding to your enquiries and requests; providing customer service; updating you on products, services, promotions, rewards, and events offered by us and third parties; and a better understanding of your needs by combining it with information collected from others with the objective of improving on our service delivery. We may disclose any information we collect about you to third parties as set forth below: to regulatory bodies; to financial institutions; to companies, such as email service providers that perform marketing services on our behalf; to third parties to enable us provide Service to you; and if required to be disclosed under applicable law, or stock exchange regulation or by a government order, decree, regulation or rule or by a court order. You hereby consent to the processing and transfer of your information during and after the use of the Platform. Details of our Privacy Commitment is as stated on all our platforms at www.aellacredit.com

INDEMNITY

• You agree to indemnify us and/or our subsidiaries, affiliates, officers, agents and employees for any loss, damages, liabilities, sanction, claims, suits, fines, charges, expenses due to or arising out of any transaction you process through the Platform, website, Application and any of our channels;

• You further agree to indemnify us and our subsidiaries, affiliates, officers, agents and employees for any loss, damages, liabilities, sanction, claims, suits, fines, charges, expenses arising from your violation of this Terms of Use

LIMITATION OF LIABILITY

• Under no circumstances can we be liable for:

unavailability of the Platform at any time or your inability to use the Platform. any form of delivery or failure thereof by a financial institution, merchant or telecommunication company listed on the Aella Application, Website or Platform. erroneous input of transaction details. any loss arising from any failure or delay in any mobile phone networks or internet service provider or defective Device. any special, indirect, incidental, punitive, or consequential damages, including loss of profits, however caused. Under no circumstances shall it be implied that we endorse, sponsor, certify or otherwise guarantee the sale or use of any merchant’s products and/services listed on the Application and/or Platform. Use and/or purchase of same shall be at your own risk. we shall use our best endeavours to ensure the platform functions optimally at all times and our systems are free from viruses, however we cannot ensure such exclusion and no liability is accepted for same. hence it is recommended you put in place your own security measures. We do not warrant that the operation of the platform will be uninterrupted nor error free, nor will it be 100% fraud or fail proof.we are providing the service “as is” without any express or implied representations or warranties with respect to the services or its condition, timeliness, merchantability, fitness for any particular purpose or use by you. We accept no responsibility for the deletion or failure to store any user communication, actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have in this regard.

MISCELLANEOUS PROVISIONS

• We reserve the right to terminate, change, suspend or discontinue any aspect of the Platform at any time and without notice.

• We reserve the right to amend these Terms of Use at any time and at our sole discretion. We shall give you notice of such amendment by publication of the amended version via the Platform. Your continued access to and use of the Service is your acceptance of and compliance with the updated Terms of Use. If you disagree with any part of hereof, do not access the Platform.

• You are responsible for your connection to the mobile phone networks, the Internet and all costs associated with these connections.

• All copyright, trademarks and other intellectual property rights used as part of our services or contained on the Platform belong to us or its licensors. Nothing set forth in this Terms of Use shall constitute a transfer, license or assignment by us to you of any Intellectual Property Rights owned by us or displayed on the Platform

• If any provision of this Terms of Use is declared unlawful and/or unenforceable by operation of law, any court or authority, such provision be severed from this Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement.

• You agree that regardless of any provision of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred and extinguished.

• You acknowledge and agree that this Terms of Use be interpreted and enforced in accordance with the laws of the Federal Republic of Nigeria.

• The Parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Terms of Use. Any dispute or differences arising out of the construction, interpretation or performance of the obligations created under this relationship which cannot be settled amicably within one (1) month after receipt by a party of the other party’s request for such amicable settlement shall be submitted to arbitration in Lagos, Nigeria or a Court of competent jurisdiction in the Federal Republic of Nigeria.