Please note that your use of and access to the services (as defined below) are subject to the following terms; if you do not agree to all of these terms, you may not use or access the services in any manner.
Please note that your use of and access to the services (as defined below) are subject to the following terms; if you do not agree to all of these terms, you may not use or access the services in any manner.
Last updated: September 8th, 2023
“You” and “your” mean the person who uses or accesses the Services.
“We,” “us,” and “our” mean PiggyVest and its successors, affiliates, and assignees.
"Business Day” means weekdays excluding Saturdays and Sundays and all other days officially declared work-free days/public holidays in Nigeria.
“PocketApp Account” means a registered account on the website and mobile application at https://pocketapp.com or any other affiliated website and mobile application (collectively, “PocketApp”) operated by Abeg Technologies Limited, an affiliate of PiggyVest.
As used in these Terms, “PiggyVest Account” means the account you have with us for the Services.
Your eligibility to use this Website also depends on the country you reside in. Currently, this Website operates only in Nigeria, and is only available to users who have Nigerian bank accounts. You may use the Services only if you agree to form a binding contract with PiggyVest and are not a person barred from receiving services under the laws of the applicable jurisdiction.
You represent and warrant that all User Information you provide us from time to time is true, accurate, current, and complete. You agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your PiggyVest Account on the Website; provided, however, that you must notify us at least three Business Days before any changes to your Bank Account information, including, but not limited to, the closure of your Bank Account for any reason by calling 0700 933 933 933 or emailing [email protected] or by updating your PiggyVest Account via the Website. If we approve your registration, you will be authorized to use the Services, subject to these Terms.
For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as: A copy of your government-issued photo ID, such as a passport, national identity card or driver’s license; Bank Verification Number (BVN) A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and Such other information and documentation that we may require from time to time.
By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant PiggyVest and our third-party service providers a limited power of attorney, and you hereby appoint PiggyVest and our third-party service providers as your true and lawful attorney-in-fact and agent, with the full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, WE AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR THIRD PARTY SERVICE PROVIDERS RECEIVE YOUR BANK ACCOUNT, DEBIT OR PAYMENT CARD AND/OR OTHER SECURITY INFORMATION IN RELATION TO THE DEBITING OR CREDITING YOUR BANK ACCOUNT(S), YOU HAVE AUTOMATICALLY AUTHORISED DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT AS APPLICABLE. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between PiggyVest and our third-party service providers, PiggyVest owns your confidential User Information.
##How do I use the Services? The purpose of the Services is to help you save and invest with minimal effort.
We debit your debit card (the amount you specify, subject to applicable law). You can request for your savings at any time or on any of our payout days, depending on the specific product under the Services. Funds may be transferred to your PiggyVest Account from any available options on the Website.
Your funds will remain in your PiggyVest Account until you instruct us to transfer any or all of your funds from your PiggyVest Account to your Bank Account or to your PocketApp Account. We will generally transfer the requested funds from your PiggyVest Account to your Bank Account or your PocketApp account (as requested) within two Business Days of when we receive your request. It is important to know the amount of available funds in your PiggyVest Account before instructing us to transfer funds from your PiggyVest Account.
Your savings and funds transfer activities via the Website shall be subject to transaction and balance limits in accordance with applicable law.
If you do not have sufficient available funds in your PiggyVest Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your PiggyVest Account to your Bank Account without notice to you upon the closure of your PiggyVest Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
We also have a PocketApp Funding option available for you which allows the funding of your PocketApp Account from your PiggyVest Account. You understand and agree that you shall also comply with the terms and conditions on the PocketApp in order to use the PocketApp funding option.
You may not use the funds in your PiggyVest Account to make purchases, withdraw cash or for any other purpose not provided on the Website. You are solely responsible for determining whether the funds debited from your debit card and the funds maintained in your PiggyVest Account are acceptable to you. We are not responsible for any third-party fees that you may have incurred as a result of using the Services.
PiggyVest is not a financial adviser, and the Services are not intended to provide financial or investment advice. Your financial situation is unique. We are not responsible for ensuring your debit card and/or Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
##Are the funds in my PiggyVest Account secure? The funds in your PiggyVest Account are warehoused and managed by PV Capital Limited - RC No. 1760152 (“PV Capital”). PV Capital is a duly registered Fund/Portfolio Manager with the Securities and Exchange Commission of Nigeria, and all its operations are in compliance with applicable regulations. In addition, we enforce bank-grade security levels and provide you with the option to set up two-factor authentication for key transactions, as an extra layer of protection, over your PiggyVest Account.
##How do I check the balance in my PiggyVest Account? You may obtain information about the balance of funds in your PiggyVest Account at any time by logging into your account on the Website.
Will I receive interest on the funds held in my PiggyVest Account? You will receive interest or other earnings on the funds in your PiggyVest Account in accordance with the rates, timelines and other terms as specified for each product on the Website.
##Are there any fees for using the Services? There are no transaction charges or monthly fees for the Services. We reserve the right to charge fees for the Services in the future, at our sole discretion. We will notify you before charging a fee for the Services by delivering notice to you electronically, by posting such fee on the Website, or by any other method permitted by applicable law. If you continue using the Services after such notice, you must pay all applicable fees for the Services.
##What is the penalty fee or penalty charge? Withdrawing all or part of your savings is completely FREE of charge; however, you agree that you will be charged a 2.5% penalty fee or such other percentage to be determined at our discretion, and communicated to you, if you withdraw your savings from the Piggybank product outside any of the FREE withdrawal dates published on PiggyVest’s home page and FAQ page. You also agree that you have accepted and are bound by all the terms and responses published on PiggyVest’s FAQ page.
##What are some restrictions on using the Services? You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorize any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising from the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your PiggyVest Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at [email protected] or 0700 933 933 933.
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Content”) solely for your personal use for the purposes described therein and in these Terms. Any and all other uses are prohibited. You may not restrict or inhibit any other person from using or enjoying the Services or Content.
The Services and Content (including without limitation, their text, graphics, images, logos and button icons, photographs, editorial content, notices, trademarks, trade names and/or service marks, and all materials incorporated) are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your PiggyVest Account or any other person’s PiggyVest Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run Maillist, Listserv, any form of auto-responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.
We do 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. We and our third-party licensors retain all right, titles, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your PiggyVest Account for any reason, including, but not limited to, your breach of these Terms. We may restrict access to portions of the Services, for some or all users, from time to time. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. You are responsible for obtaining any equipment and internet service necessary to access the Website and Services.
##What do I do if my mobile device is lost or stolen or if I suspect someone has gained unauthorized access to my username or password? If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or password, you must contact us immediately at [email protected] or 0700 933 933 933. In order to take any action, you will need to provide certain User Information so we can verify your identity.
##How does PiggyVest communicate with me about the Services? In order to use the Services, you must provide and verify your mobile device number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
In addition, if you provide your email address to us, we may send you important notices via email about the Services.
##YOUR CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at 0700 933 933 933 or [email protected]. If you withdraw your consent to receive Communications electronically, we will close your PiggyVest Account and return the balance in your PiggyVest Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your PiggyVest Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac; (3) a connection to the Internet; (4) a Current Version of a compatible internet browser; (5) a Current Version of a program that accurately reads and displays PDF files; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that its publisher is currently supporting.
Changes. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or to change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.
##Disclosure of your Personal Information
You agree that we have the right to share your personal information and any other information relating to you, your transactions and/or your PiggyVest Account: with any of our affiliated companies and service providers;
with financial service providers and non-financial companies, such as email service providers that perform marketing services on our behalf, and fraud prevention service providers that use the information to provide services to us;
with selected third parties including business partners for the performance of any contract we enter into with them or you and/or to complete a transaction with you;
with third parties to whom we may choose to sell, transfer or merge parts of our business or our assets or give some or total control over our business or alternatively, acquire all or parts of their businesses;
in compliance with applicable law, legal processes, regulatory guidelines and regulatory directives that require us to report or disclose information to a governmental body, regulatory authority or any other competent authority .We will make all mandatory disclosures on your account in respect to any transaction on your account as required by applicable law.
with relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud.
You represent and warrant the following and shall promptly notify PiggyVest if any of the following ceases to be true and accurate: To the best of your knowledge (having made due and careful enquiries), none of the cash transferred to or withdrawn from or used for investments on the Website, shall be derived from or related to any activity that is deemed to be in contravention or breach of applicable law; No contribution or payment by you to us shall cause us to be in violation of Applicable Law.
Where we discover that the representations above are untrue or inaccurate or that our Website and or Services are being used contrary to Applicable Law or for any suspicious transactions; as determined by us, you undertake to indemnify us against any loss, damages or expenses that we may incur as a result of it and further acknowledge that we have an obligation to report your activities to the relevant authorities without recourse to you.
##What if I want to stop using the Services? You may stop using the Services, close your PiggyVest Account, and cancel these Terms at any time by contacting us at [email protected] or 0700 933 933 933 and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your PiggyVest Account when we receive your termination notice, we will close your PiggyVest Account promptly after such transactions are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
Upon the closure of your PiggyVest Account, we will transfer the funds in your PiggyVest Account, if any, to your Bank Account on or after the next FREE withdrawal date. If your Bank Account is closed or we are otherwise unable to transfer the funds in your PiggyVest Account to your Bank Account, we will send you a cheque for the amount of the funds to you at your street address in our records on or after the next FREE withdrawal date.
If you do not use the Services for a certain period, applicable law may require us to report the funds in your PiggyVest Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your PiggyVest Account to the applicable state as unclaimed property. The specified period to report and deliver funds to a state varies by state, but usually ranges between two and five years.
Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms.
##What should I do if I receive enquiries relating to fraud?
If we contact you regarding an alleged unauthorised or fraudulent activity involving your account, it is required that you respond to any communications from us within 1 (one) Business Day of receiving our communications. This includes providing any requested information or evidence relating to the alleged unauthorised or fraudulent activity.
Unless proven otherwise by you, all our communications shall be deemed to have been received by you at the time they are sent by us.
##What else do I need to know about the Services? Additional Terms
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control and supersede any such conflict, inconsistency or ambiguity.
PiggyVest is a company incorporated in the United Kingdom with affiliates in Nigeria. As such, we may also be required to comply with applicable international sanction laws and regulations issued by international bodies or government agencies in the United Kingdom and Nigeria. Therefore, we reserve the right to terminate your account without incurring any liability, and we are under no obligation to make any payment under, or otherwise to open this account, if you violate any applicable international sanctions or there is involvement by any person (natural, corporate or governmental) listed in international or local sanctions lists, or any involvement by or nexus with countries as may be included from time to time in the sanctions list, or any of their governmental agencies.
You confirm that you will not use your PiggyVest account to deal in, trade, transact or receive any payments relating to unauthorized activities.
You further confirm that your account shall be used solely for legal purposes and shall not be used for illegal or criminal activities, including but not limited to obtaining funds under false pretences or any other fraudulent activity in contravention of extant laws in Nigeria.
In the event of any losses incurred by us or damage to our brand or reputation, arising from your use of the Services and/or your PiggyVest account in contravention of any provision of our Terms, we reserve the right to take any legal actions against you as may be necessary to remedy the loss or damage.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
##Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PiggyVest, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY NOT ACTING ON OUR INSTRUCTIONS, AND WE WILL NOT BE LIABLE FOR ACTIONS OR INACTIONS NOT DIRECTLY TRACEABLE TO US.
DUE TO THE NIGERIA INTER-BANK SETTLEMENT SYSTEM (NIBSS), PAYMENTS MAY BE DELAYED. THUS, WE SHALL NOT BE LIABLE FOR ANY DELAYED PAYMENTS. WE SHALL NOT BEAR ANY LIABILITY FOR INABILITY TO COMPLETE A PAYMENT INSTRUCTION BECAUSE OF INACCURATE OR INSUFFICIENT PAYMENT INSTRUCTIONS, OR THE FAILURE OF THE RECIPIENT OR BANK TO CLAIM THE PAYMENT, OR BECAUSE EITHER YOU OR THE RECIPIENT DID NOT PROVIDE ANY REQUESTED INFORMATION, OR WE OR THE ISSUING BANKS ARE UNABLE TO VERIFY YOUR IDENTITY OR THE IDENTITY OF THE RECIPIENT TO OUR SATISFACTION.
WHILE WE MAY PROVIDE INDICATIVE INTEREST RATES/RETURNS WITH RESPECT TO CERTAIN INVESTMENTS VIA THE WEBSITE, YOU RECOGNIZE AND ACCEPT THAT THERE MAY BE LOSS OR DEPRECIATION OF THE VALUE OF ANY INVESTMENT AND THE ASSETS DUE TO THE FLUCTUATION OF MARKET VALUES, AND ACCORDINGLY THE VALUE OF ASSETS/INTEREST RATES (AS APPLICABLE) IN YOUR PIGGYVEST ACCOUNT MAY OR DECREASE BASED ON PREVAILING MARKET CIRCUMSTANCES. YOU REPRESENT THAT WE HAVE NOT MADE ANY GUARANTEE, EITHER ORAL OR WRITTEN, THAT YOUR INVESTMENT OBJECTIVE WILL BE ACHIEVED OR THAT THE VALUE OF ANY ASSETS INVESTED IN THROUGH YOUR PIGGYVEST ACCOUNT WILL NOT DECLINE.
POCKETAPP FUNDING - TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT PIGGYVEST WILL NOT BE LIABLE FOR ANY LOSSES INCURRED IN RESPECT OF ANY TRANSACTIONS RELATING TO YOUR POCKETAPP ACCOUNT, EXCEPT TO THE EXTENT THAT SUCH LOSSES ARE LOSSES PROVEN WITH REASONABLE CERTAINTY AND ARE THE DIRECT RESULT OF AN ACT OR OMISSION MADE BY PIGGYVEST DURING THE TERM OF THESE TERMS WHICH CONSTITUTE BAD FAITH, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
##Breaches of These Terms
In the event of a breach of these Terms, or a reasonable suspicion that you have breached these Terms in any way, PiggyVest may: temporarily suspend your access to our Services; permanently prohibit you from accessing our Services; block computers using your IP address from accessing our Services; contact any or all of your internet service providers and request that they block your access to our Services; delete your PiggyVest Account; and/or commence legal action against you, whether for breach of contract or otherwise.
Termination, Restriction or Suspension of PiggyVest Account
We reserve the right to terminate, suspend and/or restrict your PiggyVest Account or your use our Services where:
we reasonably believe that any transactions or activities on your PiggyVest Account are suspicious; you are creating problems or possible legal liabilities for us or other third parties; we reasonably believe that such restrictions will improve the security of the Website or reduce our or another person’s exposure to financial liabilities; we reasonably believe that you are acting inconsistently with these Terms or our policies; despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or we deem it fit for any reason and at any time, in our interest and that of other third parties.
Where we suspend, prohibit or block your access to our Services you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
To the extent permitted by applicable law, we may, terminate (or suspend access to) your use of our Services.
At our request, you agree to defend, indemnify, and hold harmless PiggyVest, its affiliates and their respective employees, officers, directors, agents, partners, representatives and third-party service providers from and against any and all claims, suits, liabilities, damages (whether actual, consequential, punitive or exemplary), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.
You agree that where you wish to process or initiate transactions above the daily limit of N5,000,000 (five million Naira) or such other limit to be implemented at our discretion, you shall fully indemnify and hold us harmless from any losses, penalties, claims, actions, damages, liabilities or suits arising from such transactions. You agree that should you or us suffer any losses as more fully enumerated in the preceding sentence and paragraph, you shall be liable for the full amount of such losses.
You agree that in addition to any general lien or similar right to which we may be entitled in law, we may at any time, set off or transfer any funds in your PiggyVest account in or towards satisfaction of any claim made against us or loss suffered by us as a result of or related to such transactions described in the preceding paragraph, any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, your fraud or willful misconduct.
You agree that your indemnity obligations in these Terms shall not be reduced by any claim by you against PiggyVest, any of its affiliates or their respective employees, officers, directors, agents, partners, representatives and/or third-party service providers.
##Due Diligence and Audit Rights
We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all Users of the Website.
You agree to provide to us all such information and documentation as we may require: in order to verify your adherence to, and performance of, your obligations under these Terms; for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or as otherwise required by law or applicable regulation.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your PiggyVest Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of the other remaining provisions.
We shall not be liable for any delay or failure to perform any obligation as required by these Terms as a result of any cause or condition including but not limited to, an act of God, epidemic, pandemic, acts of civil or military authorities, national or local emergency, acts of terrorists, acts or omissions of Government including directives from a regulatory authority, civil disturbance, war, strike or other labour dispute, fire, explosion, interruption in telecommunications or internet services or network provider services, of equipment and/or software or any other occurrence which is beyond our reasonable control.
You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section) relating to the Services or these Terms, you and we agree that any such controversy, dispute, demand, claim, or cause of action shall be resolved in the first instance, by mutual discussions within fourteen (14) days of either you or us notifying the other of the existence of a dispute or claim. We and You shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with the Services or these Terms.
In the event that we and you are unable to reach an amicable resolution by mutual discussions within the fourteen (14) days referred to in the preceding paragraph, then such dispute or claim shall be settled through binding and confidential arbitration. As used in this Section, “"we”" and “"us”" mean PiggyVest and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “"we”" and “"us”" include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the applicable Arbitration and Conciliation Act in Nigeria and not any state arbitration law.
We and You shall mutually agree on the appointment of a sole arbitrator within fourteen (14) Business Days from when the dispute is referred to arbitration. Where we and you are unable to agree on the appointment of the Arbitrator, such sole arbitrator shall be appointed by the President, the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch (CIARb Nigeria) on the application of either we or you.
The venue of the arbitration shall be Lagos State, Nigeria and the language to be used in the arbitral proceedings shall be English. We and You agree that the decision of the Arbitrator shall be final and binding on both of us.
You and we must abide by the following rules: (a) the arbitrator will honor claims of privilege and privacy recognized at law; (b) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (c) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
The arbitral award rendered by the arbitrator shall be entered in any court of competent jurisdiction as judgment. Nothing in these dispute resolution provisions shall prevent either we or you from obtaining interim pre-emptive or injunctive relief from a court of competent jurisdiction to enforce or prevent a breach of a term of these Terms – provided that the relief is obtained in legal proceedings instituted as a prelude to a reference to arbitration.
This Section will survive termination of your PiggyVest Account and if any part of these dispute resolution provisions is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with any applicable law, then the balance of these dispute resolution provisions will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.
The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. Specifically, you agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
##Will PiggyVest ever change these Terms or the Services? We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to and constitute your acceptance of the version of these Terms in effect at the time of your access or use.
##How can I contact PiggyVest? If you have any questions, complaints, feedback comments, or concerns regarding these Terms or the Services, please contact us at [email protected], 0700 933 933 933. When you contact us, please provide us with the relevant information we need to verify your account.