Terms & Conditions

1. About Us

Allawee Technologies Limited ("Allawee", "We", "Us", or "Our") is a financial technology company. We provide spend management software and tools to Nigerian businesses & individuals, providing them with a credit line to help make smart spending decisions.

This Terms & Conditions is an Agreement between you and Allawee. It details Allawee's obligations to you. It also highlights certain risks of using our Services, and you must consider such risks carefully as the provision of this Agreement will bind you through your use of this Website or any of our Services. Third-Party Service Providers and Financial Institution Partners may require your agreement to Supplemental Terms. You acknowledge and understand that in order to use such Services, you will be required to agree to the applicable Supplemental Terms.

Please contact us if you need further clarification on any of the terms of this Agreement before using the Services.

In this agreement, ‘You’, ‘Your’, and ‘Yours’ refer to the corporate client that uses the Allawee Platform.

2. Definitions

Account - the payment account used for executing payment transactions in accordance with this Agreement, which is provided and maintained in your name;

Account Balance - the funds present in your account, and available for your use;

Agreement - this agreement entered into between you and us upon your registration as a user on the Platform and the card issuer’s acceptance of your registration, subject to these Terms & Conditions;

Business Day - any day except Saturday, Sunday and any statutory holiday in Nigeria or any day on which banking institutions in Nigeria are required by law or other governmental action to close.

BVN - Bank Verification Number;

Card - the reloadable credit card issued to users, subject to Terms & Conditions of the card issuer;

Card Fees - all fees due to the Card issuer, deductible from accounts and related to transactions carried out on the Card;

Charges - all sums payable to Us by You with respect to our services and inclusive of the Card fees;

Fines - all fines, fees, penalties, or other charges imposed by a financial institution partner or regulatory authority arising from your breach or violation of this Platform Agreement, any Card Terms, any other agreements you have with Allawee or a financial institution partner, any law or any regulation;

Intellectual Property Rights - includes rights inherent in patents, copyrights, trademarks, trade secrets, design models or other intangible property rights and applications to the ends of such rights which may be currently or in the future sought for;

Personal Information - information of You which includes company name, address, registration number and any such information that can identify, portray, or be reasonably linked to You or confirms your identity;

Platform - the User Interface of Our website and mobile application;

Services - access to the Platform by You, payment services that You intend to procure and customer support services offered to You by Us ;

TIN - Taxpayer Identification Number;

Transaction Data - any information resulting from the processing of a transaction.

User - any organisation that registers an Account on the Platform in order to access the Services.

3. Privacy Notice

Allawee is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and take steps to protect your information. Allawee, the Card issuer, and financial institution partners may collect and process your data through the use of the Cards, our platform, and third-party services. The data may be used and disclosed in the following manner:

a. Maintaining the platform to provide services to you;

b. As required by law or Card network rules;

c. For underwriting, identity verification, and fraud prevention;

d. To verify account balances, account information, establish and determine spending limits, and identify spending patterns;

e. To analyse and report transactions;

f. To report company performance to credit reporting agencies and credit rating agencies, where appropriate;

g. For internal analytics and reporting;

h. As needed in dispute resolution; and

i. As otherwise permitted by law.

4. Registration

To use our Platform, you have to create an account by registering. To register, you will provide us with certain information such as your company email, the registered name of the company, the first and last name of the company representative to serve as Administrator, phone number, BVN, and TIN. We may seek to verify your information by ourselves or through third parties, after which we will approve your Account unless deemed risky. You permit us to do all these.

The Allawee Platform or services must not be used for personal, family, or household purposes.

5. Fees

All Card fees will be charged directly to the Card which incurred the charge and automatically deducted from the Card, in accordance with the Card terms and conditions. Card fees may vary from time to time in accordance with the Card terms and conditions. You will be notified in advance of any changes to these fees.

Some Services may have associated fees, which Allawee will disclose in advance of charging. Disclosure may be provided by notice or through an addendum to these Terms & Conditions.

Where there is a shortfall, you agree that any Card fees applied to the Card shall be reimbursed by you immediately on demand. You further agree that we may at our sole discretion use available funds on your account to cover any outstanding shortfall on your Card

6. Managing Your Account

The Services provides the possibility to create corporate & individual accounts. After the User creates an Account and it has been verified, the User can receive a corporate account for a company by uploading all the company's requested documents for verification. Such corporate accounts will be added to the User's account interface in the "Accounts" section.

All intending corporate users must pass the verification procedure. Allawee reserves the right to request a list of the company's corporate documents, including but not limited to incorporation documents depending on the organisational and legal form of the company.

Users that have verified their Account can grant permission to other participants in the companys business (for example, partners, accountant, etc.) to access the corporate account (“Administrator”).

You must specify at least one Administrator to manage your Account when registering. Administrators can add, remove, or manage additional Administrators; request and manage Cards; set or change spending limits; view transactions; run reports and download statements; provide, view or update company data and personal data; connect linked Accounts, third-party services, and other accounts to your Account; and perform other tasks on your behalf. You are responsible for any actions or failure to act on the part of Administrators, Users, and those using credentials issued to Administrators to access an Account.

Refusing to Deal with Administrators

We may refuse access to Administrators for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to your corporate account, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform you that the Administrator’s access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.

You will be required to accept these Terms of Use in order to become Users, and Card usage may also be subject to accepting terms presented by financial institution partners and Card issuers.

7. Periodic Statements

You are responsible for payment in full of all Charges, Fines and other amounts owed by you to Allawee. We will provide you periodic statements identifying Charges and Fines, or other amounts charged to your Account and Card, as well as any payments, refunds, chargebacks granted or other credits to that Account. You must maintain at least one Linked Account at all times. Your linked account will be automatically debited for the full amount owed, as identified in the periodic statement, at the end of each billing cycle. Allawee may also directly debit any linked account for other amounts owed under this Agreement. Your Account will show the credit the business day after payment is received. Unless otherwise specified in any Notice, periodic statements are issued once per month on the day specified in the Services.

8. Change of Information

If you change any information provided to us at registration, including your company name, Administrator, address, or financial institution, you agree to notify us within seven(7) days of such change. We may not respond to you if you contact us from an address, telephone number or email account not registered with us.

9. Consent to Electronic Signature and Communications,

You agree that submitting your application for an Allawee Account and indicating your agreement to the Terms & Conditions electronically during the application process constitutes your electronic signature to the terms and conditions. You also agree that your electronic consent has and will have the same legal effect as a physical signature. By agreeing to the Terms & Conditions, you consent to us providing Notices and account statements to you electronically and understand that this consent has the same legal effect as a physical signature.

10. Representations and Warranties

You represent and warrant to Allawee that:

▪ You have full power and authority to enter into, execute, deliver and perform this Agreement;

▪ You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;

▪ Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete;

▪ You will keep all information up-to-date;

▪ You agree to use the Card only for business purposes and not for personal, family, household or other purposes;

▪ You agree and permit your authorised Administrators to use your Card only in the manner and for the purposes described in this Agreement and Card issuer terms and conditions

▪ You will only use the Card for transactions that are legal. We will not be held liable if you engage in illegal transactions;

▪ You agree to take reasonable precautions to prevent unauthorised usage of your Card or disclosure of your PIN code; and

▪ You accept and agree to these Terms.

You agree to indemnify us against any and all actions, claims, costs, damages, demands, expenses, liabilities, fines, sanctions, losses and proceedings we directly incur or which are brought against us if you, or your administrators, have acted fraudulently, been negligent, failed to comply with your legal obligations, or have misused the Card, the Platform, or any of the Services.

11. Account Security

You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding the Account access and security. If you share your password details, Allawee will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access the Services (including, without limitation, using PIN and password-protected personally configured device functionality to access the Services and not to share your device with other people). In addition, you are responsible for securely managing your password(s) for the Services and to contact Allawee if you become aware of any unauthorised access to your Account.

12. Links To or Connections with Third Party Sites or Applications

Our Services or communications to you may contain third-party content or links to third-party sites, applications or services (collectively, "Third Party Content"). Our Services may also include features that allow you to connect your account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, "Third Party Services"). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services.

13. Exchange Terms

Your Obligations:

a. You understand and agree that We do not store Card details on Our Platform; thus, Card details shall be processed through a secure payment gateway that is PCI DSS compliant.

b. You agree to give Allawee authentic and up-to-date personal, phone and financial records about you that we may reasonably request and analyse from time to time.

c. You agree not to give Us false information, electronic or otherwise, at any time.

d. You agree to promptly notify Allawee if you change your Company name, mailing address, email address or telephone number, or other details associated with your Account.

e. You agree to honour any other commitment you make to this Platform.

f. You agree not to use Allawee for any act of illegality or criminality, and Allawee shall not be legally or criminally culpable for any illegality committed by You.

Our Obligations:

a. We agree to send you the equivalent of the exchanged sum, less all fees and amounts due to Allawee, subject to confirmation by the Administrator.

b. To verify your identity before opening an Account for You.

c. Not to store or save your debit or credit card details You give during Your application.

14. Unacceptable Use

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

▪ use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;

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

▪ conduct any fraudulent or illegal activities via the Platform;

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

15. Intellectual Property

Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Allawee or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to use our content except as expressly stated in the Agreement.

Our Partners' Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our "Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from, or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

16. Taxation

You undertake to pay all your taxes and duties, which can be resulted from the use of Allawee Services. Allawee is not responsible for any violation made by the User due to its obligation to calculate and pay taxes and duties.

Allawee shall withhold any and all taxable deductions as required by law.

17. Disclaimer

We try to keep Allawee available at all times, bug-free and safe. However, you use it at your own risk.

Our Platform and Services are provided &quotas is" without any express, implied, or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the preceding, Allawee makes no warranty that our Platform and Services will meet your requirements or that our Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our Platform or from Allawee, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Allawee parties") shall create any warranty. We also make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Platform or Services we provide.

18. Limitation of Liability

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: ALLAWEE WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, PAYMENT SYSTEMS, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET ALLAWEE'S SYSTEMS REQUIREMENTS. ALLAWEE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER ALLAWEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF ALLAWEE'S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE OR ARISING FROM THE RESULT OF USE OF ALLAWEE'S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

ANY CAUSE OF ACTION RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS BARRED PERMANENTLY.

19. Indemnity

You agree to defend, indemnify, and hold Allawee, its officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Allawee reserves the right to control and conduct the defence of any matter subject to indemnification under these Terms. If Allawee decides to control or conduct any such defence, you agree to cooperate with Allawee’s requests in assisting Allawee’s defence of such matters,

20. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Allawee may not disclaim any implied warranty or limit its liabilities as a matter of applicable law, the scope and duration of such warranty and the extent of Allawee's liability shall be the minimum permitted under such applicable law.

21. Applicable Law

These Terms & Conditions shall be interpreted and governed by the current laws in the Federal Republic of Nigeria.

22. Dispute Resolution

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.

Where Mediation fails, both parties agree to resort to Arbitration before the Lagos Court of Arbitration (LCA) under the provisions of the Arbitration & Conciliation Act (ACA). The decision of the LCA shall be binding on both parties, where either does not raise objection within six (6) months from the decision.

23. Notice

Allawee may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-className mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by courier) or twelve (12) hours after sending (if sent by email or telephone). You may give notice to Allawee, with such notice deemed given when received by Allawee, at any time by courier to our registered office address for service of process, or email for general communication.

23. Notice

Allawee may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-className mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by courier) or twelve (12) hours after sending (if sent by email or telephone). You may give notice to Allawee, with such notice deemed given when received by Allawee, at any time by courier to our registered office address for service of process, or email for general communication.

24. Termination

You may terminate this Agreement by closing your account.

We may suspend your Account and your access to our Services and any funds or terminate this Agreement, if:

▪ you do not comply with any of the provisions of this Agreement;

▪ we are required to do so by Law;

▪ a financial institution directs us; or

▪ where a suspicious or fraudulent transaction occurs.

25. Severability

Suppose any court or tribunal holds any portion of these Terms & Conditions to be invalid or unenforceable, either in whole or in part. In that case, that part shall be severed from the terms and conditions and shall not affect the validity or enforceability of any other part in these Terms & Conditions.

26. Updates, Modifications and Amendments

As our technology evolves, we may need to update, modify, or amend our terms and conditions, tools, utilities, or general updates. Accordingly, we reserve the right to make changes to these Terms & Conditions at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms & Conditions, the User must cease using our Platform and Services immediately.

27. Complaints

If you have any complaints or reservations about us or any of the Services we provide, you may contact us via: [email protected]