This Agreement is the terms and conditions between you (“User”, “Customer”, “Borrower’, You or “Your”) and Klump (''Us ``,''Our `` or''We ``) for all services provided via the website, apps and through associated platforms.
This Agreement sets out the complete terms and conditions which shall be applicable to you.
These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
You are advised to read these Terms and Conditions together with our Terms of Service.
IT IS HEREBY AGREED AS FOLLOWS:
For the purposes of this Agreement and the preamble above, unless the context requires otherwise:
Application means a request or instruction received by Klump from you or purportedly from you through any of our customer support channels and upon which Klump is authorised to act;
Credit Reference Bureau includes any financial institution or a credit reference bureau duly licensed under the laws and regulations of the Federal republic of Nigeria to collect and facilitate the sharing of customer credit information;
Electronic Payment Service means the payment service delivered by a licensed payment service provider in accordance with the laws and regulations of the Federal Republic of Nigeria;
Electronic Payment System means the facility operated by the Payment System Provider for the provision of the Electronic Payment Service;
Encumbrance includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;
Equipment includes your mobile phone handset, laptop, SIM Card and/or other equipment which when used together enables you to access the Network;
Force Majeure means events, circumstances or causes beyond the reasonable control of Klump making Klump’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, pandemics, lockdowns, strikes or labour disputes, embargoes or government orders;
Loan means the principal amount of the Buy Now, Pay Later services made or to be made to you under this Agreement from time to time or the principal amount outstanding for the time being of that loan and any interest and fees due.
Nigeria means the Federal Republic of Nigeria;
Mobile Network Operator means a licensed mobile network operator in Nigeria;
Network means a mobile cellular network operated by a Mobile Network Operator;
Personal Data means your personal information used to access Klump’s services, website and apps.
Payment System Provider means Banks, and other financial institutions that have been duly licensed to provide payment services in Nigeria;
Services shall include any form of financial services that Klump may offer you pursuant to this Agreement and which 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 in some cases to use the Value Storage Account.
SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
System means Klump’s mobile and electronic communications services enabling you to communicate with Klump.
Technology means the application of scientific knowledge for the development of equipment, related software, hardware and peripherals for Services that are internet-based or wireless.
Third Party Partners mean banks, payment companies, service providers, asset management firms, credit reference bureaus, debt recovery companies, or any other person (entity) that provides any form of service or information to us for the provision of the Services;
Value Storage Account means your electronic money store of value, being the record maintained by a Payment System Provider from time to time held by you in the Electronic Payment System;1.2 Interpretation
1.2.1 In addition to the definitions in clause 1.1, unless the context requires otherwise: the singular shall include the plural and vice versa;
1.2.2 a reference to any one gender, whether masculine or feminine includes the other .
1.2.3 All the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement.
1.2.4 The recitals and schedules shall be deemed to form part of this Agreement.
2.1 You must carefully read and understand the Terms and Conditions set out in this Agreement before consenting.
2.2 You will be deemed to have accepted the Terms and Conditions immediately upon your clicking the “I ACCEPT” button or any other button which signifies your acceptance of these Terms and Conditions and an intention to use our Services. If you do not agree with the Terms and Conditions please do not click “I ACCEPT”.
2.3 By clicking the “I ACCEPT” button, you agree to comply with and be bound by the Terms and Conditions governing the Services and you affirm that the Terms and Conditions herein are without prejudice to any other right that Klump may have in law or otherwise.
2.4 These Terms and Conditions may be amended or varied by Klump from time to time and your continued use of the Services constitutes your agreement to be bound by the updated or varied terms. Klump will take all reasonable measures to notify you of any changes.
2.5 By using our Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to provide and improve any Services to you. If you use these Services, you consent to us and our affiliates' and partners’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services.
3.1 In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use our Services on your Equipment, subject to these Terms and Conditions. We reserve all other rights. Except as expressly set out in this Agreement or as permitted by any applicable law, you agree:
3.1.1 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the website or apps;
3.1.2 not to make alterations to, or modifications of, the whole or any part of the website/apps, or permit the website/apps or any part of it to be combined with, or become incorporated in, any other programs;
3.1.3 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the website/apps or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the website/apps with another software program, and provided that:
3.1.4 the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the website/apps;
3.1.5 you include our copyright notice on all entire and partial copies you make of the website and apps on any medium; and you undertake not to provide or otherwise make available the website /apps in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.1.6 to comply with all technology control or laws and regulations that apply to the technology used or supported by the website, apps or any Services (the Technology).
4.1 You must:
4.1.1 not use the website, apps or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the website, apps, any Services or the System;
4.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the website, apps or any Services (to the extent that such use is not licensed by this Agreement);
4.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the website, apps or any Services;
4.1.4 not use the website, apps or any Services in a way that could damage, disable, overburden, impair or compromise our System or security or interfere with other users; and
4.1.5 not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
5.1.1 You acknowledge that all intellectual property rights in the website, apps and the Technology anywhere in the world belong to us or our licensors, that rights in the website/apps are licensed (not sold or assigned) to you in accordance with this Agreement, and that you have no rights in, or to, the website, apps or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the website/apps in source-code form.5.2 USE OF THE SERVICES
5.2.1 The Services offered by Klump can only be utilised by persons over the age of 21 (Twenty-One) that are legally resident in Nigeria and have valid bank accounts. To provide you with the Services, Klump reserves the right to verify any information provided to us in this regard.
5.2.2 The Services may be provided by ourselves or in partnership with other service providers including Payment Service Providers.
5.2.3 Klump reserves the right to provide any of the Services to you, to revoke the same at any stage at Klump’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
6.1 To meet our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all the following:
6.1.1 your full name;
6.1.2 your date of birth;
6.1.3 your Bank Verification Number ("BVN");
6.1.4 your current residential address;
6.1.5 your picture;
6.1.6 copy of a valid Government issued ID (national ID, international passport, permanent voter’s card or driver’s licence);
6.1.7 copy of recent utility bill, bank statement, affidavit, or another bill, dated within three months of our request, which carries your name and address;
6.1.8 any other information or document as we may require for our internal risk assessment.
6.2 You warrant that all information and documentation provided to us are true, correct, and accurate. You also undertake to notify us of any changes to the information or documentation which you have provided.
6.3 You hereby agree and authorise Klump to verify information provided by you against the information held by any third party (including official databases) such as, banks, Payment System Providers, service providers, any other information available to Klump.
6.4 The information that Klump may verify against the information which you have provided to us include (without limitation): your name, phone number, date of birth, address, age, Identification Number (“ID”) or Passport Number and such other information that will enable Klump to identify you and comply with the regulatory “Know Your Customer” and data subject requirements.
6.5 You hereby agree and authorise Klump to collect and verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you or by you, from any 3rd party applications, and such other information as Klump shall require for purposes of providing you the Services (the “Relevant Information”).
6.6 You hereby consent to Klump verifying the Personal Information and the Relevant Information and using the Personal Information and the Relevant Information to the extent necessary in Klump’s opinion for the provision of the Services.
6.7 You hereby agree and authorise Klump to obtain and procure your Personal Information and Relevant Information from relevant sources (private and official databases) and you further agree and consent to the disclosure and provision of such Personal Information by us or our Third Party Partners.
6.8 You agree to indemnify and hold Klump and the Third Party Partners harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
6.9 Klump reserves the right to request for further information from you pertaining to your use of the Services at any time. Failure to provide such information within the time required by Klump may result in Klump declining to accept your application for access to the Services.
7.1 You hereby irrevocably authorise Klump to act on all Requests received from you (or purportedly from you) and to hold you liable in respect thereof. Klump may nevertheless refuse to carry out any Requests in its sole and absolute discretion.
7.2 Klump 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 its absolute discretion, Klump believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
7.3 Klump 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 Requests on which Klump may act if we have in good faith acted in the belief that such instructions have been sent by you.
7.4 Klump may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending receipt of additional confirmation or information (whether written or otherwise) from you.
7.5 You agree to and shall release Klump from indemnify against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Klump having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
7.6 You acknowledge that to the full extent permitted by law, Klump shall not be liable for any unauthorised payment, loan, remittance, disclosure, any activity or any incident on your Account by the fact of the knowledge and/or use or manipulation of your Account Personal Identification Number, password, ID or any means whether or not occasioned by your negligence.
7.7 Klump is authorised to effect such orders in respect of your Account as may be required by any court order or competent authority or agency in Nigeria.
7.8 In the event of any conflict between any terms of any Request received by Klump from you and this Agreement, this Agreement shall prevail.
You represent and warrant that;
(i) Any credit information you supply is true and complete,
(ii) You will honour all charges incurred by you,
(iii) You will pay the charges incurred by you at the going rate, including any applicable taxes.
9.1 Upon receipt of loan requests from you, Klump will process the requests and if confirmed eligible, approve checkout loan payments.
9.2 Following the initial sign up, you unequivocally and irrevocably authorise Klump to crawl your bank account and equipment to improve your experience and help you checkout faster.
10.1 Klump offers the User checkout loans to the tune of 75% of the value of goods/services purchased, not exceeding the amount of N100,000.00 (One Hundred Thousand Naira), to be paid back in three (3) equal monthly instalments immediately following the date of loan issuance, at an interest rate.
10.2 Initial payment - 25% of the value of goods/services purchased shall be paid by you at checkout to Klump following Klump’s approval of the 75% loan request.
10.3 You are entitled to only one active loan.
10.4 Upon Klump loaning you 75% of the value of goods/services, directly paid out to the Merchant, you shall repay the loan together with interest to Klump and payment gateway fee, in 3 equal monthly instalments immediately following the date of loan issuance and you are also at liberty to make outright payment.
10.5 The Borrower hereby covenants and warrants as follows,
11.1 A statement and activity report in respect of your Account will be made available on Request. Requests shall be made via our e-mail address: [email protected] or via a contact link on the website and apps.
11.2 The statement on the apps shall provide details of your recent transactions in your Account initiated from your equipment.
11.3 Your statement will show all transactions carried out from your Account. You must check your statement carefully and notify Klump as soon as possible, and no later than 48 hours after receipt of your statement, if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
11.4 Klump, may without notice to you, rectify discrepancies, add or alter the entries in your statement to reflect the accurate position of your transactions.
11.5 Save for a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your Account for the period covered in the statement.
12.1 All payments to be made by you in connection with these Terms and Conditions or any Services provided to you by Klump may be calculated without regard to any taxes payable by you or in respect of the Services. If any taxes are payable in connection with the payments, you must ensure that you pay such taxes and that you pay to Klump such additional amounts as will result in Klump receiving the full amount it would have received had no such taxes been applicable to the payments.
12.2 You hereby consent and agree that Klump may withhold amounts in your Account if we are required to do so in accordance with the direction of any tax authority, or Klump is otherwise required by law or regulation or pursuant to agreements with any tax authority to do so, or if Klump needs to comply with internal policies or with any applicable order or sanction of a tax authority. You will, however, be notified if such deductions are made.
12.3 All payments to be made by you under this Agreement 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 Klump, you shall immediately pay to Klump such additional amounts as will result in Klump receiving the full amount it would have received had no such deduction or withholding been required.
13.1 You are required to provide and maintain your Equipment in safe and good order for the purpose of accessing the System and the Services.
13.2 You shall be responsible for ensuring the proper performance of your Equipment. Klump shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall Klump be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and Klump shall not be responsible for losses or delays caused by any such service provider.
13.3 You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by Klump concerning the use of the System and the Services.
13.4 You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. Klump shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Klump harmless from any losses resulting from any disclosure of your Credentials.
13.5 You shall take all reasonable precautions to prevent and detect any unauthorised use of the System and the Services. To this end, you shall ensure that all communications from Klump are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the System will be detected. You shall immediately inform Klump in the event that:
13.5.1 You have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
13.5.2 You have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.
13.6 You shall at all times follow the security procedures communicated to you by Klump from time to time or such other procedures as may be applicable to the Services 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 privacy and security. You warrant that no one else shall have access to or operate your Account apart from you.
13.7 You shall not at any time operate or use the Services in any manner that may be prejudicial to Klump.
14.1 Klump may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account.
14.2 Without prejudice to Klump’s rights under clause 11.1, Klump may at its sole discretion suspend or close your Account:
14.2.1 if you use the Account for unauthorised purposes or where Klump detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
14.2.3 if Klump is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
14.2.4 if Klump reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any credit/loan amount due from you where applicable) which you fail to remedy (if remediable) within 5 days after the service of notice by email, SMS or other electronic means requiring you to do so;
14.2.5 where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; or where your Account becomes inactive or dormant;
14.2.6 where the Services are being used for any illegal, fraudulent or suspicious activity;
14.2.7 if Klump decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or
14.2.8 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
14.3 Such termination shall however not affect any accrued rights and liabilities of either party.
14.4 Upon the suspension or closure of your Account, Klump may cancel any outstanding credit/loan which it has granted and require the immediate repayment of such outstanding loans.
Once goods returned are approved and communicated to us by the Merchants, refund will be processed, and a credit will automatically be applied to your Bank account, within three (3) business days from receipt of notification.
16.1 Klump shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Klump’s control including, without limitation, Force Majeure or error, interruption, delay or non- availability of the System or Network, terrorist or any enemy action, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
16.2 You acknowledge that the website and apps have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the website and apps as described meet your requirements.
16.3 We only provide the Services on the website and apps for domestic, private use, and small and medium business financing needs, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your use of the website, apps or the Services.
16.4 Klump will not be liable for any losses or damage suffered by you as a result of or in connection with:
16.4.1 any defect or fault in the website, apps or any Service resulting from you having altered or modified the website or apps;
16.4.2 any defect or fault in the website/apps resulting from you having used the website or apps in breach of the terms of this Agreement;
16.4.3 your breach of any of the Licence Restrictions or the Acceptable Use Restrictions;
16.4.4 failure, malfunction, interruption or unavailability of the System, your Equipment, the Network or the Electronic Payment System;
16.4.5 your failure to give proper or complete instructions for payments relating to your Account;
16.4.6 any fraudulent or illegal use of the Services, the System and/or your Equipment; or
16.5 If for any reason other than a reason mentioned in clauses 12.4.1 to 12.4.2, the Services are interfered with or unavailable, Klump’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
16.6 Save as provided in clause 12.5, Klump shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
16.7 Under no circumstances shall Klump be liable to you for any indirect or consequential loss or damage of whatever kind, however caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Klump.
16.8 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
17.1 You hereby indemnify Klump (including its directors, employees, partners, Third Party Partners, Agents, and affiliates) and hold it harmless against any action, demand, claim, loss, charge, damage, expense, or fees (actual or consequential) including attorney and accounting fees, which Klump may suffer or incur as a result of:
your access and use of the Services, website and apps.
a breach of these Terms and Conditions.
your provision of incorrect, incomplete, wrong or false information.
acting on your Requests.
third party claims relating to your use of the Services including but not limited to matters relating to infringement of copyright, trademark , trade name or other intellectual property,
17.2 On no account will Klump or any of the indemnified persons above be liable for any demand, claim, loss or damage which you may sustain:
17.2.1 our acting in accordance with your Requests or Requests purported to be from you;
17.2.2 from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Klump’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Klump;
17.2.3 any unauthorised access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment;
17.2.4 or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction;
17.2.5 any claims where the circumstance is within your control.
18.1 To comply with relevant AML obligations, we may request information on the transactions carried out on your Account such as the purpose of the payment being made. You confirm that you will provide all requested information required in respect of the transaction in this regard.
18.2 You also agree that we may cancel any transaction, suspend your Account or refuse to open an Account in your name if you refuse to provide the requested information or if any information provided is untrue or inaccurate.
18.3 Please note that for certain transactions, we or our Third Party Partners may be required to file AML or related reports (without notice to you) with the relevant regulators. These reports may include details of your Personal Information, transactions, operation or proposed operation of any of our Services.
19.1 If you wish to contact us, or if any clause in these Terms and Conditions requires you to give notice to Klump, you may send such communication to us by e-mail to [email protected] or to such email address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by email.
19.2 If we have to contact you or give you notice in writing, we may do so by posting such notice on our website, apps, by e-mail or SMS to the mobile phone number or e-mail address you provided to us.
20.1 A partial exercise of any right, power or remedy shall not preclude any further or other exercise of that, or any other, right, power or remedy.
20.2 No failure by Klump to exercise, and no delay in exercising (including the right to enforce repayment of any outstanding amount on the due date), any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.
20.3 If any provision or part of a provision of this Agreement is found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.
20.4 Klump reserves the right to transfer or assign its rights and obligations under this Agreement (including its obligation to provide credit/loan or the amount owed under this Agreement) to another person. We may notify You if such transfer results in a change that may affect your Services. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.
22.1 This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the Nigerian courts shall have exclusive jurisdiction to determine any dispute arising from the operation of this Agreement.
22.2 The Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement.