This Buy Now Pay Later Loan Agreement (“Agreement”) is between you and Anderstek Limited (“Anderstek”), as the originator and issuer of your loan. Use of the words “we,” “us,” and “our” refer to Anderstek or its assignees. Use of the words “you” and “your” refer to you as a registered owner of this Tribease app Account (the “App”). Please read this Agreement and keep a copy.
You acknowledge that you have read, agree with, and accept all terms and conditions contained in this Agreement. In consideration of the promises and the respective representations, warranties, covenants, agreements and conditions contained below and on the following pages, you and Anderstek enter into this Agreement and agree with, and accept, the terms and conditions set forth herein.
PAYMENT SCHEDULE - please refer to the “Confirm payment plan” screen on your App for due dates and amounts (“Payment Schedule”). That same Payment Schedule will also appear on your loan receipt in your activity feed (your “Loan Receipt”).
Please note that Section 21 of this Agreement includes provisions that govern how claims you or we may have against each other are resolved. These provisions may require arbitration for a dispute that you assert against us. The Agreement also includes important terms regarding your rights related to fees and governing law.
1. PROMISE TO PAY AND DISBURSEMENT AUTHORIZATION
1.1. You agree to pay the amount due today on your Payment Schedule, as well as three (3) future payments (each, an “Instalment Payment”) in the amounts shown in the Payment Schedule. We agree to disburse proceeds to the merchant identified on the checkout screen for this Buy Now, Pay Later transaction (and to be identified on your Loan Receipt). Those proceeds will allow you to complete a purchase. You also must pay any late fees you incur under this Agreement.
1.2. You understand that this Agreement may be assigned without your permission or prior notice to you, as more fully described in Section 19 below. Upon an assignment, you must pay the assignee and perform all of your obligations to it and not Anderstek.
1.3. You may prepay any amount due without a penalty. Any prepayment will be applied towards upcoming payments in the order they become due.
1.4. You will qualify for an extension after consuming the initial credit limit before the end of the month. Approval will only be granted after you are successfully used and charged for 3 months consecutively.
1.5. You will qualify for upgrade to the next series following successive repayment and spending patterns for a minimum period of 3 months.
2. AUTHORIZATION TO OBTAIN CREDIT REPORT AND CREDIT REPORTING
2.1. You authorize us to obtain required information from the necessary agencies for any purpose permitted by applicable law, including: (i) to authenticate your identity; (ii) to make instalment credit decisions; (iii) to service your instalment payments; (iv) to send you future marketing information; and/or (v) for internal analytics and credit modelling purposes.
2.2. We may report information about your account to financial institutions or other necessary organisations or bodies. Late payments, missed payments, or other defaults on your account may be reflected in your report.
2.3. If you believe that inaccurate information has been submitted, please send notification to the following address and when you write, please identify the specific information that you believe is incorrect and why you believe it is incorrect.
3. INSTALMENT PAYMENTS
3.1. If you miss a payment, your next payment must include the originally scheduled payment, the missed payment, any previously missed payment, and any late charges because of a missed payment.
3.2. You will take all necessary steps to ensure notifications are not being filtered out of the mode by which you have selected to receive notifications in your App. Your payment will still be due on your regularly scheduled due date even if you do not receive a notification from us.
4. MAKING YOUR INSTALMENT PAYMENTS
4.1. Your payment must be made in Naira in a form acceptable to us. Conforming payments can be made in the following ways:
4.1.1. Automatic Payment/Direct Debit: Additional disclosures will be provided at the time of enrolment. By enrolling in automatic payments, you authorize your linked instrument(s) to be debited on each due date in the Payment Schedule in the sum of: (i) the originally scheduled payment, (ii) any missed payment, (iii) any previously missed payments, and (iv) any late charge because of a missed payment.
4.1.2. Manual Electronic Payments. You may also choose to manually make electronic payments through App. By choosing this method, you will be required to authorize your debit card to be debited for a stated amount each time you make a payment.
5. PAYMENT PROCESSING
5.1. You agree that we may accept and process payments without losing any rights.
5.2. You agree that neither we nor any of our service providers are responsible if your financial institution rejects a payment you make. You will be responsible for any fees charged by your financial institution.
5.3. You agree and authorize us to resubmit and/or collect returned payments electronically if you have opted to pay electronically.
5.4. You agree and authorize us to make electronic reversals or credits to any debit card you have provided in the event of an erroneous debit or as otherwise appropriate.
5.5. You agree and authorize us to adjust your Payment Schedule to correct errors, to process returned and reversed payments, and to handle other issues pertaining to your account.
5.6. Your funds may be withdrawn from your deposit account as early as the same day your payment is received.
5.7. Except as prohibited by law, payments will be applied to your obligation as we determine in our sole discretion.
6. LATE PAYMENTS
If an Instalment Payment is not paid by the due date in the Payment Schedule and remains unpaid for a period of thirty (30) days after the due date (or such additional grace period required by applicable law), a late fee will be imposed. The terms of this paragraph are subject to applicable state law.
7.1. Unless expressly prohibited by law, you will be in default on your loan if:
7.1.1. You do not make your payment in full when it is due;
7.1.2. Any payment you make is rejected or not paid by your Anderstek or cannot be processed by your Anderstek.
7.1.3. You file or become the subject of a bankruptcy or insolvency proceeding;
7.1.4. You are unable to repay your obligations, including upon death or legally declared incapacity;
7.1.5. You provided inaccurate, untrue, or incomplete information, or you otherwise tried to defraud or provide material misrepresentations to us or our service providers;
7.1.6. Your App account is restricted, suspended, or terminated;
7.1.7. You do not comply with any term of this Agreement; and/or
7.1.8. You permanently reside outside the Nigeria.
7.2. If you are in default, we may take certain actions with respect to your credit without notifying you unless notification is required by law. For example, depending on the default the following actions may be taken:
7.2.1. If you are enrolled in automatic payments, your App Stored Balance or debit card may be debited the amount of any payment not paid by the due date;
7.2.2. Your ability to use any or all features on App may be suspended until you satisfy your outstanding loan obligation;
7.2.3. You may be unable to obtain credit from us in the future; and/or
7.2.4. Any other action to the extent not prohibited by law.
7.3. If you do not pay your loan in full on the final due date in your Payment Schedule (“Final Due Date”), you authorize us to initiate payments to us from your App Stored Balance any time that there are available funds in your App Stored Balance, including when you add funds to your App Stored Balance. Except as set forth below, a payment that we initiate under this authorization may be in the amount of the available funds in your App Stored Balance or in the amount required to pay off your loan, including any late charges (“Payoff Amount”), whichever is less. This authorization will be continuing and will remain in effect until your Payoff Amount is paid in full. For the avoidance of doubt, we may initiate multiple separate payment transactions under this authorization. Also, if your App Stored Balance has insufficient available funds on the Final Due Date to pay the entire Payoff Amount then we may, after initiating a payment from your App Stored Balance, initiate a second transaction for the remainder of the Outstanding Balance from the debit card linked to your App account as a funding source.
For purposes of the foregoing, you authorize Anderstek, in its capacity as the holder of your App Stored Balance, to monitor activity on your App Stored Balance and to initiate a payment in the amount of the Payoff Amount, or in the amount of available funds in your App Stored Balance, whichever is less, on our behalf pursuant to standing instructions from us, any time funds are available in your App Stored Balance. This subsection is not intended to create or to give us a security interest in your App Stored Balance or any funds added to your App Stored Balance. We expressly disclaim any priority over other creditors or a bankruptcy trustee in a bankruptcy proceeding or similar proceeding as a result of the payment authorization in this subsection.
8. DISPUTES WITH MERCHANT; REFUNDS
8.1. If you are not satisfied with the goods or services you receive from a merchant, you will make good faith efforts to resolve any issues directly with the merchant.
8.2. Refunds of goods or services purchased with this loan are subject to the merchant’s refund policy and are not our responsibility. If a merchant issues a refund to us of the entire amount we disburse under this Agreement, then this Agreement will terminate and you will not be responsible to make any payments. If a merchant issues a refund to us of less than the entire amount we disburse under this Agreement, the refunded amount will be applied against your loan balance as appropriate and subject to applicable law.
9. LOAN DOCUMENTS
9.1. The following documents (“Loan Documents”) govern your loan:
9.1.1. The E-signature consent given when you applied for the loan;
9.1.2. This Agreement;
9.1.3. Any Automated Payment/Direct Debit Authorization you agreed to when you applied for the loan;
9.1.4. Any Privacy Policies you agreed to; and
9.1.5. Any Updated Terms and Updated Payment Schedule.
10. ENTIRE AGREEMENT
The Loan Documents constitute the entire agreement between you and us with respect to this loan. You acknowledge and agree that no oral representations shall vary, modify or amend the terms and conditions of the Loan Documents. Any failure by us to exercise, or delay by us in exercising, any right or remedy shall not operate as a waiver thereof.
11. APPLICABLE LAW
This Agreement and any dispute arising hereunder will be governed by Utah law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
12. SERVICE PROVIDERS
12.1. We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that you grant to us in this Agreement (or otherwise in connection with your loan) shall extend to and cover any service provider acting on our behalf or at our direction.
12.2. Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section.
13. PERSONAL FINANCIAL INFORMATION
13.1. You promise to provide personal financial information about you that may be requested from time to time for underwriting, security, and/or other purposes related to the management of your account. This includes, but is not limited to:
You promise to promptly update your personal information in your App profile, including but not limited to your name, street address, email address or telephone number. In doing so, you agree that you will not provide false information or signatures, electronic or otherwise, at any time. You may be asked for additional documents to verify any changes. You understand that if you move to a state where this product is not offered, you will be unable to borrow subsequent loans.
13.2. Face Data Collection and Retention
We are collecting face data as part of the requirement solely to uniquely identify users on our platform, which includes National Identification Number
As part of the functionality on the platform, users can use the face data to make payment.
Face data remains on our platform until user decide to leave the platform, no other user data is kept on the system after user leaves the platform.
14. AGE AND RESIDENCY
By entering into this Agreement, you agree that you are at least 18 years of age or older and of sufficient legal age to enter into a contract in the state where you reside and you are a resident of the Federal Republic of Nigeria when you execute this Agreement.
15. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
15.1. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
15.2. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
16. COMMUNICATIONS AND CONTACT INFORMATION
16.1. You consent to accept and receive communications from us including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide when you inquire about a loan or update your contact information. Such communications may include but are not limited to communications regarding applications for credit, credit decisions, disclosures, servicing, collections, requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support. Call and text message communications may be generated by automatic telephone dialling systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages sent to you.
16.2. You may opt-out of receiving promotional email communications by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may also opt-out of text messages from us at any time by texting END to the number you received a text from. You acknowledge that opting out of receiving communications may impact your use of our and/or our service provider’s services.
17. SUBMISSION OF IDEAS
17.1. You may submit comments or ideas about the loans and/or services you receive (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
17.2. You hereby grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use the User Content and all elements thereof, in any and all media formats and forms, known now or hereafter devised for any purpose that we choose.
Except as otherwise provided herein and to the extent not prohibited by law, if any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. For avoidance of doubt, this provision shall not apply to Section 21.
19. ASSIGNMENT AND DELEGATION
19.1. This Agreement will be binding on, and benefit, any of your and Anderstek’s successors and assigns, which such assigns shall include, for the avoidance of doubt, any subsequent holders of your loan. Except as provided by applicable law, Anderstek may sell, assign or transfer your loan and this Agreement in whole or in part without your permission and without prior notice to you. Any assignee or assignees, including, for the avoidance of doubt, any subsequent holders of this loan agreement, will take Anderstek’s place under this Agreement. You must pay them and perform all of your obligations to them and not Anderstek. If you pay Anderstek after you are notified that your loan or this Agreement has been transferred, Anderstek may return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable. you may not sell, assign, delegate or transfer your loan, this Agreement, or your obligations under this agreement to someone else without written permission of Anderstek or any subsequent holder of your loan. Any sale, assignment or transfer of your loan by you in violation of this section shall be null and void.
19.2. If this Agreement is sold, assigned or otherwise transferred, your rights under the law or under this Agreement are in no way altered or impaired.
19.3. We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that you grant to us in this Agreement (or otherwise in connection with your loan) shall extend to and cover any service provider acting on our behalf or at our direction. Without limiting the generality of the foregoing, you expressly authorize us, when acting as our service provider, to take any actions authorized or contemplated by this Agreement regardless of whether such actions are authorized or contemplated by the App terms of service.
19.4. Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section.
“Disputes” are defined as any claim, controversy, or dispute between you and us, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of this Agreement, and including any claim, controversy, or dispute based on any conduct of you or us that occurred before the effective date of this Agreement, including any claims relating in any other aspect of your relationship with us.
21. GOVERNING LAW AND JURISDICTION
21.1. This Agreement shall be construed and interpreted in accordance with and governed by laws of the Federal Republic of Nigeria and the courts of Nigeria shall have jurisdiction over all matters arising out of or relating to this Agreement.
21.2. It is agreed that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria 2010 and the Rules attached thereto (the “Rules”).
21.3. The arbitral tribunal shall be composed of one (1) arbitrator who shall be jointly appointed by the Parties. Where the Parties fail to reach an agreement on the appointment of the arbitrator within ten (10) days after a request for a reference is made by either Party, the arbitrator shall be appointed on the application of either Party by the Chairman, for the time being, of the Chartered Institute of Arbitrators (UK) Nigeria Branch.
21.4. The seat of arbitration shall be Lagos, while the language to be used in the arbitral proceedings shall be English.
21.5. All reasonable costs and expenses attributable to the arbitration (including the fees of the arbitrator) shall be allocated equally between the Parties unless the arbitrator shall determine it is appropriate under the circumstances to allocate such costs and expenses in a different manner.
21.6. Nothing herein contained, or implied, preclude any Party from applying to a court of competent jurisdiction for a temporary injunction, or other relief of an urgent and temporary nature; and shall not preclude the making of an application to a court of competent jurisdiction for injunctive reliefs.
21.7. The provisions of this Clause 18 constitute an irrevocable consent by the Parties to any proceedings in terms hereof and no Party shall be entitled to withdraw therefrom or claim at any proceedings that it is not bound by such provisions.
21.8. You and we agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Buy Now Pay Later program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement.
21.9. This Agreement and any non-contractual obligations arising out of or in connection with it are governed in accordance with the laws of the Federal Republic of Nigeria.
21.10. Arbitration Fees. The party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and we also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the App Services.
22. NOTICE NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HERE UNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HERE UNDER.