Lifestalia is a secure payment processing and loan management technology enabled company which facilitates payments and loan acquisitions for start-ups, entrepreneurs, SMEs, merchants, and super Merchants by providing ecommerce, mobile commerce, social commerce invoicing, payments solutions and financial wellness.
We have made available below the Terms of Use, which will guide our relationship with you and help us serve you better. Ensure you read carefully, understand, and freely give your consent. If you do not wish to be bound by these terms of use, please do not use, or access the Services. If you will be using the Services on behalf of another individual or entity such as your employer, relative or friend, it connotes that you agree to these terms on behalf of that individual, entity and its affiliates and you represent that you have the authority to do so.
At Lifestalia, we offer a wide range of services via our website, mobile application, and several other related digital platforms. These Terms of Use constitute a valid and enforceable agreement between you and Lifestalia and governs your use of any of the Services provided by or through Lifestalia.
DEFINITIONS
In reference to these Terms of Use, the following words shall have these interpretations:
- Account means your individual account that grants access to our Services.
- APP means the electronic application supplied by us to grant access to our Services.
- Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, regulatory permits, licenses or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative, or supervisory authority or body, which are in force from time to time during the pendency of this Terms of Use.
- Borrower means person and/or legal entity having debt under the Loan Agreement made through the Platform.
- Business Day means a day other than Saturday, Sunday, or public holiday.
- Credentials means your personal details used to access any of our platform.
- Credit Reference Bureau means any organization designated as such and duly licensed by the Central Bank of Nigeria to inter alia, collect and facilitate the sharing of customer credit information.
- Lender means person, legal entity, and/or business entity having receivables under the Loan Agreement made through the Platform.
- Loan means funds/facilities provided to the Borrower by the Lender under the Loan Agreement made through the Platform.
- Platform means website and application developed or used by the Service Provider for bringing together the Lender and the Borrower for the purpose of distributing the Loan, which can be accessed through Lifestalia mobile app/Website.
- Personal Information means data, whether true or not, about an individual who can be identified with that data, or other information to which we have or are likely to have access. This may include an individual’s name, date of birth, gender, education background, religion, photo, physical address, e-mail address, working information, marital status, emergency contact, phone number, SIM card details, financial and credit information (including Mobile Money Account details, bank account details, and bank verification number, where applicable), Account ID and/or password that will be used to access the App after registration and other information which, when taken together with other information, would enable an individual to be identified.
- Request means a request or instruction received by us from you or purportedly from you through the System and upon which we are authorized to act.
- Service means any form of financial service or product that we may offer you pursuant to these Terms of Use and as you may from time to time subscribe to and “Service” shall be construed accordingly.
- SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the network and to use the Mobile Money Account.
- SMS means a short message service consisting of a text message transmitted from your Mobile Device to another.
- Trademark(s) includes our trademarks, trademarks of our partners, and any other trademark displayed on Lifestalia including any variations of them.
- Transaction Fees includes any fees and charges payable for the use of the service as published by us on the App or by such other means as we shall in our sole discretion determine. Transaction Fees are subject to change at any time at our sole discretion.
- Users means the Lender, Borrower, prospective Lender, and/or prospective Borrower which uses Platform for, among other things, looking for information on the Platform services, distribute Loan through the Platform, and obtain Loan through the Platform.
- Website means any website operated by Us or any of Our Group Companies from time to time.
- we, us, and our means Lifestalia and, if applicable, those third parties acting on behalf of Lifestalia from time to time.
- you and you shall mean “you”
Your Lifestalia Account
- Do note that the creation of an account is a prerequisite for grant of access to any of the Services provided by Lifestalia. You must be of full legal age and capacity to use any of Lifestalia platform for the purposes of accessing its services. In opening your Lifestalia account, Lifestalia will ask you to provide personal information, including, but may not be limited to, your full name, address, age, means of identification and a valid email address.
- You undertake to provide complete and accurate information to Lifestalia. You hereby represent and warrant that the data you submit for creating the account is true and correct as well as actual. You agree that your representation on the correctness and accuracy of the data you submit is sufficient act to verify the data you provide.
- As you use Lifestalia’s Services, additional information (such as financial information) may be requested by Lifestalia. You hereby undertake to provide complete and accurate responses to any such request for information. However, the Service Providers may carry out other actions that are necessary to verify the correctness and accuracy of the data you provide.
- You also undertake to consistently update the information provided to Lifestalia to ensure that they are complete and accurate at all times. Every personal information you provide to Lifestalia is and will be properly managed with high level of confidentiality and data security in accordance with our Privacy Policy and applicable law. Kindly read through our Privacy Policy for more information on how we collect, process, and use the data provided to, or generated by, Lifestalia.
- Lifestalia only permits you to have only one account per userand requires you to keep the details of your account confidential. You understand that your account and account information on Lifestalia are controlled by you, through the User IDs and Passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and Passwords. If Lifestalia finds that you are not of full legal age and/or capacity, or that you have more than one account per user, or that you have granted any third-party access to your account, Lifestalia reserves the right to terminate your account.
- You agree to diligently keeping your account and password safe to prevent fraud or any illegal activity. You acknowledge and agree that there is no mechanism that can fully ensure that the Platform or system used can ascertain that you are the true user of your account, aside confirmation of your unique user ID and password. Please comply with the confidentiality rules for your account and password. You agree that the Service providers will deem any transactions entered and legal conduct carried out by your account as transactions entered and legal conduct carried out by you, and you shall be responsible for the use of your account, unless there is security breach in the system of the Service providers which you will be duly notified.
- You are responsible to Lifestalia and to other users for any activity traceable to your account, even if a third-party was using your account without your permission. If you suspect that a third-party may be using your account without your permission or know or have sufficient reasons that your account has been compromised, hacked, and/or in any way illegally accessed by third parties, or if you suspect any other breach of Lifestalia’s security processes, kindly contact Lifestalia’s support team immediately.
We may terminate your account at will where the following occurs:
- You violate any term of these Terms of Use.
- During an investigation.
- If You owe any principal, interest, transaction fees, or tax.
- If these Terms of Use are terminated for any reason at any other time in Our reasonable discretion.
Our Privacy Policy provides details of our data management processes in relation to terminated accounts.
ACCOUNT USAGE GUIDELINES
- You shall be responsible for using your account in accordance with the prevailing laws and regulations. You agree that you will not use your account for any actions which violate the laws and regulations, including but not limited to, falsifying identities, engage in money laundering crimes, theft, fraud, forgery, or other actions not in conformity with applicable laws and regulations.
- You agree that the Loan you obtain or provide through the Platform will be used solely for purposes stated in the loan agreement to be entered into between the Borrower and the Lender.
- We reserve the right to decline your application for a Loan or to revoke the same at any stage at our sole and absolute discretion and without assigning any reason or giving any notice thereto.
- We reserve the right (in our sole and absolute discretion) to issue, decline to issue a Loan and/or vary the terms of any Loan depending on our assessment of your credit profile from time to time. The terms of the Loan and the interest rate payable in relation to each Loan application will be displayed on the App.
- You agree that other than the actions prohibited by the laws and regulations, you shall also be prohibited from using the account in such a way that may harm other parties, including but not limited to, Service Providers, or other third parties. Actions causing harms to other parties include but not limited to, disabling the electronic systems control, spam mail, illegal disclosure of the third party’s confidential information, copying each of the parts of the Platform without authorization(regardless of whether it is protected by the intellectual property or not), uploading contents with violence, indecency, attack on other’s dignity, contents protected by the other’s intellectual property, or other actions that may harm other parties.
- You understand and agree that you may only have one account on the Platform unless the Service Provider determines otherwise. For this purpose, you agree that you shall not create and not attempt to create, directly or indirectly, more than one account on the Platform.
- The Service Provider shall have the right to close your account if you do not comply with the Terms of Use. However, you shall be responsible for the contents you upload which are in violation of the Terms of Use, and you shall indemnify the Service Providers against any kinds of consequences arising out of the contents you upload to the Platform which are in violation of the Terms of Use.
User Licence and Rights
- Subject to these Terms of Use, related agreements, and our policies, Lifestalia grants you a non-exclusive, personal, limited, non-transferable and revocable license to use Lifestalia’s Services. You may use the Services for personal and commercial purposes. This licence does not confer upon you any intellectual property rights related to any of the Services you use.
- Lifestalia and its Services have been made available to you through the active support of our partners and other third parties, all of whom have given Lifestalia the licence to use/display/offer their Services. In using Lifestalia and its Services, you acknowledge and covenant to be bound by and protect any intellectual property rights in any such product or services. Where a partner or other third-party has imposed rules and guidelines for the use of their products, services, or intellectual property, we will post those rules together with the products or services concerned. You covenant to abide strictly with those rules.
- You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under these Terms of Use without Our prior written consent. We may at any time assign, sub-license, transfer, subcontract or otherwise dispose of Our rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).
- Lifestalia reserves any right(s) which have not been expressly granted to you by Us and Our licensors (if any). Nothing in these Terms of Use transfers any ownership in or to the System (in whole or in part) to You.
- Lifestalia may, in its absolute discretion, refuse its services to anyone.
Kindly note that you are not allowed to do any of the following while using Lifestalia platform and services:
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way.
- Modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason.
- Use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorized access to the System or related systems or networks.
- Use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation, or content of the System.
- Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights contained in the System.
- Send or store any material for unlawful or fraudulent purposes.
- Send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience or make fake bookings.
- Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material.
- Send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents, or programs.
- Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- Interfere with or disrupt the integrity or performance of the System or the data contained therein
- Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
- Deliberately misrepresent Your location or misrepresents any material information about Yourself, or as may relate our decision to engage in any related or other business with You.
OUR DUTIES
On every application or request made through your account, we undertake to do the following:
- Act on all applications received by us from you (or purportedly from you) through the System and hold you liable in respect thereof.
- Reject any application in relation to a Loan from You even if You have previously been issued with a Loan by Us. We shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in Our absolute discretion, we believe that it can correct the incomplete or ambiguous information in the Request without any reference to You being necessary. We shall be deemed to have acted properly and to have fully performed all the obligations owed to You notwithstanding that the Request may have been initiated, sent, or otherwise communicated in error or fraudulently, and You shall be bound by any Request on which We may act if We have in good faith acted in the belief that such instructions have been sent by You.
- Decline to act on or in accordance with the whole or any part of Your Request pending further enquiry or further confirmation (whether written or otherwise) from You.
- We are authorized to affect such orders in respect of Your Account as may be required by any court order or competent authority or agency under the Applicable Law.
- In the event of any conflict between any terms of any Request received by Us from You and these Terms of Use, these Terms of Use shall prevail.
- We may amend these Terms of Use at Our sole discretion from time to time. We will use Our reasonable endeavors to notify You of any material changes to the Terms of Use; however, you agree that it is Your responsibility to review the Terms of Use regularly and your continued use of the System and the Service will constitute Your acceptance to any of the amendments.
- The rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
- If any Court or relevant authority determines that any part of these Terms of Use is illegal, invalid, or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid, and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms of Use.
- Reject a person who is not a party to these Terms of Use from relying upon or enforce any term of these Terms of Use.
- We may give notice to You by means of a general notice published on the App or the System or to Your email address set out in Your Account. You must give notice to Us by email to: help@lifestalia.com.
YOUR DUTIES
- Release from and indemnify Us against all claims, losses, damages, costs, and expenses howsoever arising in consequence of, or in any way related to Us having acted in accordance with the whole or any part of any of Your Requests (or failed to exercise) the discretion conferred upon it.
- Provide and maintain in safe and efficient operating order Your Mobile Device necessary for the purpose of accessing the System and the Service.
- Responsible for ensuring the proper performance of Your Mobile Device. We shall neither be responsible for any errors or failures caused by any malfunction of Your Mobile Device, and nor shall We be responsible for any computer virus or related problems that may be associated with the use of the System, the Service, and the Mobile Device. You shall be responsible for charges due to any service provider providing You with connection to the network and We shall not be responsible for losses or delays caused by any such service provider.
- Protect your account from any unauthorized drawing, transfer, remittance, disclosure, any activity, or any incident on Your account.
- Responsible for checking and ensuring that You download the correct App for Your Mobile Device. We are not liable if You do not have a compatible device or if You do not have the latest version of the App for Your Mobile Device. If Your Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information and Your Credentials to someone else or otherwise affects Our legal rights and/or remedies, you must immediately notify Us and follow the procedures notified by Us. We shall not be liable for any disclosure of Your Account information and Your Credentials to any third party, and You hereby agree to indemnify and hold Us harmless from any losses resulting from any disclosure of Your Account information and Your Credentials.
- Responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your Mobile Service Operator, such as telephone, SMS, and internet data fees. You acknowledge that Your use of the System may consume reasonable amount of data and that You will be solely responsible for such usage and the associated fees.
- Follow account instructions, procedures and terms contained in these Terms of Use and any document provided by Us concerning the use of the System and the Service.
- Take all reasonable precautions to detect any unauthorized use of the System and the Service. To that end, you shall ensure that all communications from Us are examined and checked by You or on Your behalf as soon as practicable after receipt by You in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform Us if you have reason to believe that Your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or You have reason to believe that unauthorized use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
- Always follow the security procedures notified to You by Us from time to time or such other procedures as may be applicable to the Service from time to time. You acknowledge that any failure on Your part to follow the recommended security procedures may result in a breach of Your Account’s confidentiality. In particular, you shall ensure that the Service is not used, or Requests are not issued, or the relevant functions are not performed by anyone other than a person authorized by You to do so.
Third Party Links, Products and Services
Lifestalia’s Services may be made available to you using third-party websites or portals. If you accessed Lifestalia through a link from a third-party site or portal or if Lifestalia provides links to any third-party sites, you agree that we have no control over the content on such sites. If you are redirected to the platform provided and developed by the third party, the contents shall be subject to the terms of use set out by the third party and the contents of which shall be the full responsibility of the third party.
You agree that we are not liable for the products and/or services offered on such third-party sites. We are not responsible for and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of products or services from third parties. You release us from any damages that you incur and agree not to assert any claims against us arising from your use of products or services from third parties.
APPLICABLE FEES FOR SERVICES
The interest payable by You to Us in relation to any Loan shall be displayed by Us on the App. Meanwhile, we shall be entitled to set and charge Transaction Fees, in connection with Your use of the Service and from time to time amend or vary Our Transaction Fees for the Service. If We decide to start charging Transaction Fees or where already applicable, vary or amend Our Transaction Fees, the Transaction Fees payable on any new application for Service will be displayed on the App. We will use reasonable endeavors to notify You of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App.
All payments to be made by You under these Terms of Use shall be made in full without any set off or counter claim and save in so far as required by the law to the contrary, free, and clear of and without any deduction or withholding whatsoever. If You are at any time required to make any deduction or withholding from any payment to Us, you shall immediately pay to Us such additional amounts as will result in us receiving the full amount it would have received had no such deduction or withholding been required.
If You fail to make any payments due to Us at the due date for payment, we will be authorized to apply late fees on such amount loaned to You at a rate to be displayed on the App in advance.
Taxes
All payments to be made by You in connection with these Terms of Use and Loan are calculated without regard to any taxes payable by You, costs and taxes are quoted in Nigerian Naira. If any taxes are payable in connection with the payment, you must pay Us an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment or whenever We make such demand, even after the end or termination of the relationship.
You hereby consent and agree that We may withhold amounts in Your Account if any tax authority requires Us to do so, or We are otherwise required by law or pursuant to agreements with any tax authority to do so, or if We need to comply with internal policies or with any applicable order or sanction of a tax authority.
Payments
The principal, interest, Transaction Fees, and tax in connection to these Terms of Use and Loan payable by You to Us must be paid by the payment methods before/on the due date offered and displayed on the App from time to time.
All payments must be in the local currency in the Territory.
Default: This happens when You:
- fail to pay any sum or installment (including all accrued interest, Transaction Fees, and tax ) payable for a Loan granted under these Terms of Use for a period of fifteen (15) cumulative days unless failure to pay is caused solely by an administrative error or technical problem; or are declared bankrupt.
- At any time after an event of default has occurred which is continuing, we may, without prejudice to any other right or remedy granted to it under Applicable Law terminate these Terms of Use.
- Declare that the Loan (including all accrued interest, Transaction Fees, tax, and all other amounts outstanding under these Terms of Use) is immediately due and payable, whereupon they shall become immediately due and payable.
- Supply information concerning the event of default to Credit Reference Bureaus. A copy of any adverse information concerning You and Your credit information sent to a Credit Reference Bureau shall be made available to You upon written request and you shall be imposed with late fees at the rate displayed on the App in connection with Your default in payment.
Online Engagement and Use of Lifestalia
Lifestalia contains and will contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, and other intellectual or proprietary rights owned by Lifestalia, its partners, other merchants and other third parties. In using Lifestalia and its Services, you acknowledge and covenant to be bound by and protect any such intellectual or proprietary rights, and covenant not to use or exploit any such rights without the prior written consent of Lifestalia or the owner of such right.
You may access and use the content on Lifestalia and may electronically utilise and access Lifestalia’s services subject to these Terms of Use. Without the prior written consent of Lifestalia, you shall not frame, mirror, or copy any content contained on or accessible through Lifestalia. Any other use of Lifestalia – including but not limited to the modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, or other similar unauthorized exploitation of Lifestalia– outside the parameters of these Terms of Use, including those of our clients, other third parties or the applicable right holder(s), is strictly prohibited under these Terms of Use and may subject you to both civil and criminal liabilities.
Lifestalia permits you to upload, post, email, transmit and otherwise distribute your products, services, and content, including but not limited to forum posts, comments, questions, pictures, videos, audios, texts, files or other data or multimedia (‘Your Content’); PROVIDED ALWAYS that Your Content is legal in all material respects and does not contain anything illegal, hateful, racist, pornographic, indecent, obscene, defamatory, libellous, political, threatening, harassing, embarrassing, infringing, vulgar, obscene, invasive of the privacy of others, or impersonating (‘Prohibited Content’). You covenant that Your Content will NOT be inconsistent with any rule, regulation, or law, whether local, state, national or international, including copyright, data protection, privacy, and similar laws. Your content will not contain any computer code or virus that may, whether intentionally or otherwise, interrupt, destroy or limit the smooth functioning of Lifestalia or otherwise compromise Lifestalia and/or its servers. You acknowledge our absolute right to take down any of Your Content which, in our opinion, offends these Terms of Use, related agreements, our policies, any rule, regulation or law or which violates the intellectual property or privacy rights of any person.
Indemnification
You hereby represent and warrant that you have the capacities and power necessary to create an account on any of Lifestalia’s Platform, either under the laws and regulations or under any contractual obligations binding upon you, and you indemnify the Service providers against any losses, claims, and actions in relation to the creation of the account in the Platform which is not in line with the representations and warranties that you provide.
You willingly grant to Lifestalia an irrevocable, non-exclusive, global, transferable, assignable, sublicensable, fully paid-up, royalty-free and perpetual right to use, adapt, integrate, transmit, transfer, modify, store, copy and display Your Content, in whole or in part, in any form and in any media formats and through any media channels (whether known or subsequently to be developed), solely in connection with the provision of Lifestalia’s services to you.
Trademarks and Copyright
Save as specified below and in other parts of these Terms of Use, nothing contained on Lifestalia should be construed as granting, whether expressly or by implication, estoppel or otherwise any right or licence to use any trademark or related right displayed on Lifestalia without the prior written consent of the relevant owner. You shall not use any trademark appearing on Lifestalia, including any variations of them, without our prior written consent or the prior written consent of the relevant trademark owner. Lifestalia platform and all its components may contain copyrights, trademark, patent, or other intellectual properties owned by the Service Providers. You are not allowed in any manner whatsoever to use, copy, distribute, or obtain economic rights from any components in the Platform without prior permission from the Service Providers. You may not use any trademarks on Lifestalia, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
Trademark and copyright owners who believe that their trademarks or copyrights have been infringed upon should contact Lifestalia Customer Support with the term “Trademark” in the subject line.
Limitations of Liability and Disclaimers
Placing reliance on all applicable law and other circumstances stated in this Terms of use, Lifestalia will not be liable to you or your representatives for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services, damage to, or loss except under circumstances, including negligence and related faults that are wholly attributable to Lifestalia and any person or entity associated with Lifestalia's provision of the Services e.g, partners, and operators of third-party portals, and our sole obligation (and the sole obligation of our partners, and operators of third-party portals), and your sole remedy, is AT LIFESTALIA’S OPTION, to compensate for the loss or damage. To activate this process, a claim in respect of such damage, or loss must be submitted within fourteen (14) days from the date of occurrence.
Terms of Use constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use or expressly implied by Applicable Law. Each party irrevocably and unconditionally waives all claims, rights, and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
If you violate these Terms of Use, and/or you intentionally publicise such violation, you acknowledge that Lifestalia and its affiliated companies may suffer substantial damage to their reputations and goodwill and that you will be liable for causing such substantial damage. Furthermore, you agree not to use Lifestalia or any of the Services offered in any manner that would cause damage to the public reputation of Lifestalia, its affiliated companies, and their employees, shareholders, board members, or third parties for which Lifestalia provides services.
Specific Disclaimer over content provided by other Users of Lifestalia
You acknowledge that by using Lifestalia, you will be exposed to content provided by other users of Lifestalia and a variety of other sources. You also acknowledge that neither Lifestalia or our affiliated companies are responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such user postings or content. You further understand and acknowledge that you may be exposed to content, provided by other users of Lifestalia, that are inaccurate, offensive, defamatory, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lifestalia and our affiliated companies with respect thereto. Neither Lifestalia nor our affiliated companies endorse any content provided by any user of Lifestalia or any opinion, recommendation or advice expressed therein. Neither Lifestalia nor our affiliated companies have any obligation to monitor any content provided by any user of Lifestalia on its platforms.
Termination and Termination Rights
Lifestalia, reserves the right to terminate your right to use the Services at any time where any of the following occurs:
- If you violate or breach any stated term in this Terms of Use.
- If you misuse or abuse the Services or use the Services in a way not intended or permitted by us.
- If while using any of the Services, you violate any applicable local, state, provincial, national, and other laws, rules, and regulations.
- If your use of any of the services exposes or would expose us to legal liability.
- Where you default at any point in time or renege on any agreement or contract you enter while using any of our services.
Lifestalia in its sole discretion, may terminate your use of its services or modify or replace any aspect of the Service, at any time for any of the above stated reasons or other legal reasons, at any time, with or without notice to you. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in our sole discretion, failure to do so would materially prejudice you. We, our affiliated companies, and partners, reserve the right at any time in our or their sole discretion to cease providing any part or all of Lifestalia’s Services, or related services, and you agree that neither Lifestalia, our affiliated companies, partners nor merchants will have any liability to you for such an action.
If you no longer desire to use Lifestalia, you may terminate your participation at any time by closing your account, except to the extent you have agreed otherwise in a separate written agreement between you and Lifestalia. If you are using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Lifestalia governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
You agree that Lifestalia will not be liable to you or any third-party because of its termination of your right to use or otherwise access the Services. The rights granted to you under these Terms of Use will terminate upon any termination of your right to use Lifestalia, but the other provisions of these Terms of Use related agreements relating to disclaimers and limitations of liability will survive any such termination.
Upon termination for whatever reason, we have no obligation to return Your account to you. Your personal data will be handled in accordance with applicable law and our privacy policy and will be deleted after a reasonable period. You agree, by accepting these terms, that your sole remedy upon the termination of your account is a refund of any monies or outstanding in your account which were not processed or fulfilled, if any.
All provisions of these Terms of use that by their nature should survive termination of these Terms of use will survive. These includes but not limited to all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law, judicial forum, intellectual property protections and licenses.
Closing an account
You can close your account at any time and at no cost. If you would like to do this, please get in touch with us. You will, however, remain liable for any obligations related to your account with us. Once the account is closed, you will not be able to access any Lifestalia services.
We reserve the right to close, suspend, freeze, or limit access to your account for any of the following reasons:
- The information we obtain from you does not comply with regulatory requirements.
- You do not meet, or are in breach of, the terms and conditions contained herein.
- You create risk or possible legal exposure to us.
- We are required to do so by law.
- There is a report of, or our investigations reveal that you have engaged in, fraudulent or suspicious activity with your Lifestalia account.
Please note that the list above is not exhaustive.
Security
We will protect and use information provided by you in accordance with our privacy policy and applicable law. You agree not to undermine or attempt to undermine the security of Lifestalia platforms, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorised to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to Lifestalia without proper authorisation; (d) breaching security or authentication measures without proper authorisation; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
Notifications
By opening an account with us, you consent to receiving text (SMS), email and push notifications from us. These notifications are meant for your consumption only and we will not be held liable if you suffer any loss, or damage because of unauthorised access to the information sent.
In addition, by opening this account, you agree to opt out of mandatory SMS alerts directed by regulatory authorities in favour of push notifications. You agree to indemnify Lifestalia against all losses, damages, claims, demands and expenses whatsoever which may be incurred, imposed, or suffered by Lifestalia as well as against all actions, proceedings, or claims (including lawyer's fees) whether civil or criminal, which may be brought against Lifestalia by reason of such notifications.
Data Protection
By opening this account, you consent to us processing your personal information:
- to provide products and services to you in terms of this Agreement and any other products and services for which you may apply.
- to carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
- in countries outside Nigeria where the products or services are being used and where such countries do not have the same data protection laws as applicable in Nigeria, we will, where possible, ask the receiving party to agree to our privacy policies.
Marketing and Promotion
We may also use your personal or other information to share information with you on new products and services that may be of interest to you. By opening an account with us, you consent to us sending you updates about Lifestalia. You can unsubscribe from our newsletter using the link provided for the purpose in each newsletter we send.
Assignment
We may assign our rights and responsibilities hereunder without notice to you.
Entire Agreement
These Terms of Use, related agreements and our policies constitute the entire agreement between you and Lifestaliawith respect to your use of Lifestalia, superseding any prior agreements between you and Lifestalia regarding your use of Lifestalia.
Waiver and Severability
The failure of Lifestalia to exercise or enforce any right or provision of these Terms of Use, related agreements and our policies shall not constitute a waiver of such right or provision. If any provision of these Terms of Use and related agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms of Use and related agreements shall remain in full force and effect.
Governing Law/Jurisdiction
Disputes Resolution
These Terms of Use and all disputes arising out of or in connection with these Terms of Use (including any alleged breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Nigeria unless the law in Your Territory requires otherwise, in which case the governing law of these Terms of Use shall be that of Your Territory.
Any dispute, difference or question whatsoever and howsoever arising out of or in connection with these Terms of Use, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman of the Nigeria Branch of the Chartered Institute of Arbitrators ( “ Institute ” ).
Any dispute, difference or question whatsoever and howsoever arising out of or in connection with these Terms of Use, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman of the Nigeria Branch of the Chartered Institute of Arbitrators ( “ Institute ” ).
To the extent permissible by law the determination of the arbitrator shall be final and binding upon the Parties.
Nothing in this Clause 15 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services. By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Lifestalia does not waive any rights to use similar or related Feedback previously known to Lifestalia, developed by its employees or contractors, or obtained from other sources.