Terms of Service

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER



These Terms and Conditions apply to and regulate the provision of financial services provided by Circle Tri-Angle Technology Limited, a financial technology institution to the Customer herein. These Terms and Conditions constitute Circle Tri-Angle Technology Limited's offer and sets out the terms governing this Agreement Last updated: March 10th 2024 These Terms of Use (these “Terms”), together with any documents expressly incorporated by reference in these Terms, represent an agreement between you and Circle Tri-Angle Technology Limited ("myCircle") and contain the terms and conditions governing your use of and access to our mobile and website athttps://www.myCircle.africa and https://myCircle.finance and all affiliated mobile and mobile and mobile and mobile and websites and mobile application owned and operated by us (collectively, the “Mobile and website”) and our products, services, and applications (together with the Mobile and website, the “Services”) including any content or functionality offered through the Mobile and website or the Services, whether as a guest or registered user.

“You” and “your” mean the person who uses or accesses the Services.

“myCircle,” “us,” and “our” mean myCircle 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. As used in this terms “myCircle Account” - This is an account where you access premium financial services on the myCircle Platform. Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services.

How to use myCircle account This is an account where you access premium financial services on the myCircle Platform. You will be asked to provide information (such as your date of birth and your Bank Verification Number), as well as your current residential address, and/or any other KYC requirement as may be prescribed by the Central Bank of Nigeria or Securities and Exchange Commissions from time to time, for the opening of a myCircle account. These information shall be used for verification purposes. In order to ensure that myCircle 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 myCircle app or mobile and website. (a) accept and agree to these Terms and Conditions; (b) register with us on the myCircle platform; (c) be a Nigerian citizen (or a legal Nigerian resident) of at least 15 years of age; (d) have a bank account with a Nigerian financial institution; and (e) provide all information as may be requested by us, such as your name, email address, mobile device number, online credentials for your bank account, and such other information as myCircle may request from time to time (collectively, “Customer Information or User Information”). (f) Your eligibility to use this Mobile and website also depends on the country you reside in. Currently, this Mobile and 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 myCircle and are not a person barred from receiving services under the laws of the applicable jurisdiction.

Declaration of Truth You represent and warrant that all Customer Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your Customer Information. You agree to promptly notify us of changes to your User Information by updating your myCircle Account on the mobile app; 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 234 803 805 3478 or emailing info@myCircle.africa or by updating your myCircle Account via the mobile app. If myCircle approve your registration, you will be authorized to use the Services, subject to these Terms.

Change of Personal Information You agree to promptly notify us of changes to your Customer Information by updating your profile on the myCircle platform and to notify us at least five business days before any changes to your bank account information, including, but not limited to, the closure of your bank account for any reason. User Information If approved, you will be authorized to use the platform, 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, myCircle 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 myCircle may require from time to time.

Rights Delegation By using the platform and providing Customer 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 mobile and mobile and mobile and mobile and websites and databases as necessary to provide the financial service or Chest to you. For purposes of such authorization, you hereby grant myCircle and our third-party service providers a limited power of attorney, and you hereby appoint myCircle and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party mobile and mobile and mobile and mobile and websites, servers, and documents; retrieve information; and use your Customer 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.

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 mobile and mobile and mobile and mobile and websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant myCircle and our third-party service providers a limited power of attorney, and you hereby appoint myCircle 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 mobile and mobile and mobile and mobile and 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 myCircle OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY MOBILE AND MOBILE AND MOBILE AND MOBILE AND WEBSITES, myCircle 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 myCircle 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. myCircle make no effort to review information obtained from the financial institution holding your Bank Account and other third-party mobile and mobile and mobile and mobile and websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between myCircle and our third-party service providers, myCircle owns your confidential User Information.

The information you provide us is subject to our Privacy Policy. Customer consent By signing up or logging into the mobile app or web app, or ticking the “I agree to the Terms and Conditions”, on the application form, which you hereby adopt as your electronic signature, you consent and agree that: myCircle can provide materials and other information about your legal rights and duties to you electronically. myCircle are authorized to share, receive and use data/information collected from your transaction with other affiliated third parties including but not limited to switching companies, mobile network operators, electricity companies, aggregators, credit bureaus, other financial institutions, e-commerce platforms etc.

Usage of this Services The purpose of the Services is to help you save and invest with minimal effort. You fund a wallet or myCircle 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 myCircle Account from any available options on the Mobile and website. myCircle also offer a payment checkout that allows make payment or myCircle debit your debit card (the amount you specify, subject to applicable law) upon which the discount offered is held for a time specific period in savings. myCircle provides an additional ecommerce platform for personal and business cross selling, myCircle hold payments in lieu of product confirmation. Your funds will remain in your myCircle Account until you instruct us to transfer any or all of your funds from your myCircle Account to your Bank Account, a fellow myCircle account holder or to your marketplace Account. myCircle will generally transfer the requested funds from your myCircle Account to your Bank Account or your , a fellow myCircle account holder or to your marketplace account (as requested) within two Business Days of when myCircle receive your request. It is important to know the amount of available funds in your myCircle Account before instructing us to transfer funds from your myCircle Account.

Your savings and funds transfer activities via the Mobile and website shall be subject to transaction and balance limits in accordance with applicable law.

If you do not have sufficient available funds in your myCircle Account to cover the amount of the requested transfer, your request for the transfer will be declined. myCircle may also transfer funds from your myCircle Account to your Bank Account without notice to you upon the closure of your myCircle Account as described below and at any time if required by applicable law or if myCircle, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.

You may not use the funds in your myCircle Account to make purchases, withdraw cash or for any other purpose not provided on the Mobile and website. You are solely responsible for determining whether the funds debited from your debit card and the funds maintained in your myCircle Account are acceptable to you. myCircle are not responsible for any third-party fees that you may have incurred as a result of using the Services.

myCircle is not a financial adviser, and the Services are not intended to provide financial or investment advice. Your financial situation is unique. myCircle are not responsible for ensuring your debit card and/or Bank Account has sufficient funds for your needs, purposes, or transactions. myCircle do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. myCircle is not a social network and not responsible for actions of the relationships and user networks. myCircle do not recommend trust and advise its user to carry out due diligence and background checks as it will not be held liable for any relationship mishap, fraudulent action of members and users and all other vice. Before using the Services, you should consider carry our due diligence and obtain additional information and advice from a financial adviser.

Security of funds in my myCircle Account. The funds in your myCircle Account are warehoused and managed by a duly registered Fund/Portfolio Manager with the Securities and Exchange Commission of Nigeria, and all its operations are following and in compliance with applicable regulations. In addition, myCircle 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 myCircle Account.

Balance enquiry on my myCircle Account. Your funds balance information can be obtain from your myCircle Account at any time by logging into your account on your mobile mobile and website. It is your responsibility and right to have and hold this information when needed except when unexpected conditions in accordance with technology or others.

Interest payment on funds held in my myCircle Account. Your funds on your myCircle account will receive interest or other earnings on the funds in your myCircle Account in accordance with the rates, timelines and other terms as specified for each product on the Mobile and website.

Discount offers on using myCircle payment checkout. myCircle have partnered with merchants that will offer some form of discounts when you use myCircle checkout. This discount will be applied to your wallet and all terms of interest and payment will apply based on timelines and other terms as specified for each product on the Mobile and website.

Earning offers on using myCircle. You earn a percentage of the interest generated on any circle you create. This earning is in accordance with the rates, timelines and other terms as specified for each product on the Mobile and website.

Fees applicable There are no transaction charges or monthly fees for the Services. myCircle reserve the right to charge fees for the Services in the future, at our sole discretion. myCircle will notify you before charging a fee for the Services by delivering notice to you electronically, by posting such fee on the Mobile and 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.

Penalty fee or penalty charge application 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 myCircle product outside any of the withdrawal dates published on myCircle's home page and FAQ page. You also agree that you have accepted and are bound by all the terms and responses published on myCircle's FAQ page.

myCircle is a personalized product and 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, myCircle 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 myCircle 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 info@myCircle.africa or 234 803 805 3478. Usage and Product restrictions As a personalised product, 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. myCircle are not responsible if you use the Services in any manner that violates applicable law. myCircle offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, “Content or Contents”) solely for your personal use for the purposes described therein and in these Terms. 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, 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. MyCircle 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):

myCircle 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. myCircle 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 myCircle 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. myCircle 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, myCircle may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your myCircle Account for any reason, including, but not limited to, your breach of these Terms. myCircle 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 Mobile, website and Services.

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 info@myCircle.africa or 234 803 805 3478. To take any action, you will need to provide certain User Information so myCircle can verify your identity.

To use our service communication, 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, myCircle 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, myCircle may send you important notices via email about the Services.

To the full 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 myCircle 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:You have rights 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 234 803 805 3478 or info@myCircle.africa. If you withdraw your consent to receive Communications electronically, myCircle will close your myCircle Account and return the balance in your myCircle Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your myCircle 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 myCircle 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. To ensure that myCircle 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 Mobile and website.

Copies of Communications. You should print and save and/or electronically store a copy of all Communications that myCircle send to you electronically.

Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have:

Changes. In addition, myCircle 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 myCircle provide electronic Communications. Except as otherwise required by applicable law, myCircle will notify you of any such termination or change by updating these Terms on the Mobile and website or delivering notice of such termination or change electronically.

Data Share and Disclosure of your Personal Information You agree that myCircle have the right to share your personal information and any other information relating to you, your transactions and/or your myCircle 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 a non-affiliated third-party to access and transmit your personal and financial information from a relevant financial institution. You grant the third-party the right, power, and authority to access and transmit this information according to terms of their privacy policy, where you subscribe to third-party services; with selected third parties including business partners for the performance of any contract myCircle enter into with them or you and/or to complete a transaction with you; with third parties to whom myCircle 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. MyCircle 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 myCircle believe it is appropriate to investigate fraud.

Anti-Money Laundering You represent and warrant the following and shall promptly notify myCircle 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 Mobile and 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 myCircle discover that the representations above are untrue or inaccurate or that our Mobile and 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 myCircle may incur as a result of it and further acknowledge that myCircle have an obligation to report your activities to the relevant authorities without recourse to you.

The Services may contain links or connections to third-party mobile and mobile and mobile and mobile and websites or services that are not owned or operated by us or our third-party service providers or licensors. myCircle provide such links and connections for your reference only. myCircle do not control such third-party mobile and mobile and mobile and mobile and websites or services and are not responsible for their availability or content. Our inclusion of such links and connections does not imply our endorsement of such third-party mobile and mobile and mobile and mobile and websites or services or any association with their owners or operators. myCircle assume no liability whatsoever for any such third-party mobile and mobile and mobile and mobile and websites or services or any content, features, products, or practices of such third-party mobile and mobile and mobile and mobile and websites or services. Your access and use of such third-party mobile and mobile and mobile and mobile and websites and services is subject to applicable third-party terms and conditions and privacy policies. myCircle encourage you to read the terms and conditions and privacy policy of each third-party mobile and website or service that you visit or utilize.

You may stop using the Services, close your myCircle Account, and cancel these Terms at any time by contacting us at info@myCircle.africa or 234 803 805 3478 and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending transactions relating to your myCircle Account when myCircle receive your termination notice, myCircle will close your myCircle 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 myCircle Account, myCircle will transfer the funds in your myCircle Account, if any, to your Bank Account on or after the next withdrawal date. If your Bank Account is closed or myCircle are otherwise unable to transfer the funds in your myCircle Account to your Bank Account, myCircle will send you a dated cheque for the amount of the funds to you at your street address in our records on or after the next withdrawal date.

If you do not use the Services for a certain period, applicable law may require us to report the funds in your myCircle Account as unclaimed property. If this occurs, myCircle may try to locate you at the address shown in our records. If myCircle are unable to locate you, myCircle may be required to deliver any funds in your myCircle 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.

Privacy You understand that by using the Services, you consent to the collection, use, storage, and disclosure of your information as set forth in these Terms and our Privacy Policy. myCircle takes the privacy of its users very seriously.

Fraud Alert If and when myCircle contact you regarding an alleged unauthorised or fraudulent activity involving your account, it is required that you respond to any communications from us within a 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.

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 Mobile and 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.

myCircle is a company incorporated in the United Kingdom with affiliates in Nigeria. As such, myCircle 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, myCircle reserve the right to terminate your account without incurring any liability, and myCircle 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 myCircle 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 myCircle account in contravention of any provision of our Terms, myCircle reserve the right to take any legal actions against you as may be necessary to remedy the loss or damage.

Warranty Disclaimer

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, MYCIRCLE 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, MYCIRCLE 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 myCircle, 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, MYCIRCLE WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY NOT ACTING ON OUR INSTRUCTIONS, AND MYCIRCLE 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, MYCIRCLE SHALL NOT BE LIABLE FOR ANY DELAYED PAYMENTS. MYCIRCLE 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 MYCIRCLE OR THE ISSUING BANKS ARE UNABLE TO VERIFY YOUR IDENTITY OR THE IDENTITY OF THE RECIPIENT TO OUR SATISFACTION.

WHILE MYCIRCLE MAY PROVIDE INDICATIVE INTEREST RATES/RETURNS WITH RESPECT TO CERTAIN INVESTMENTS VIA THE MOBILE AND 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 MYCIRCLE ACCOUNT MAY OR DECREASE BASED ON PREVAILING MARKET CIRCUMSTANCES. YOU REPRESENT THAT MYCIRCLE 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 MYCIRCLE ACCOUNT WILL NOT DECLINE.

POCKETAPP FUNDING - TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MYCIRCLE 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 MYCIRCLE 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, myCircle 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 myCircle Account; and/or commence legal action against you, whether for breach of contract or otherwise.

Termination, Restriction or Suspension of myCircle Account

myCircle reserve the right to terminate, suspend and/or restrict your myCircle Account or your use our Services where:

Where myCircle 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, myCircle may, terminate (or suspend access to) your use of our Services.

Indemnity

At our request, you agree to defend, indemnify, and hold harmless myCircle, 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 N2,000,000 (two 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 myCircle may be entitled in law, myCircle may at any time, set off or transfer any funds in your MyCircle 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 myCircle, any of its affiliates or their respective employees, officers, directors, agents, partners, representatives and/or third-party service providers.

Due Diligence and Audit Rights

myCircle operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all Users of the Mobile and website. You agree to provide to us all such information and documentation as myCircle 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.

Assignment

You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your myCircle Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, myCircle may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

Severability

If 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.

Force Majeure

myCircle 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.

Third-Party Beneficiary

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.

Governing Law

These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Dispute Resolution

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 myCircle 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. myCircle 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 myCircle 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, “"myCircle”" and “"us”" mean myCircle and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “"myCircle”" 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.

myCircle 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 myCircle 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 myCircle 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. myCircle and You agree that the decision of the Arbitrator shall be final and binding on both of us.

You and myCircle 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 myCircle 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 myCircle 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 myCircle 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.

Miscellaneous

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 myCircle 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 myCircle 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.

These Terms, together with our Privacy Policy, constitute the entire and sole agreement between you and us with respect to the Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of myCircle, and you do not have any authority of any kind to bind myCircle in any respect whatsoever.

Change of Terms

myCircle 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 Mobile and 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.

Contact and Support

If you have any questions, complaints, feedback comments, or concerns regarding these Terms or the Services, please contact us at Info@myCircle.africa, 234 803 805 3478. When you contact us, please provide us with the relevant information myCircle need to verify your account.