The Terms and Conditions (“Agreement”) set forth the conditions governing your use of the Enricher Mobile Application (Enricher App). By downloading the Enricher App and using the service, you (the User) agree to be bound the terms of this Agreement.
- Introduction
Enricher is an automated savings and investment platform available online and through mobile applications.
- Purpose
We offer an automated savings and investment service. As our Client, we will manage your savings and investment on your behalf in a very low cost manner to maximize your returns. By using our website and mobile applications, you enter into a series of legally binding agreements. You also agree to our Privacy Policy which covers how we collect, use, share and store your personal information.
- Agreement
Your use of the Enricher App constitutes your acceptance of this Agreement and other amendment that may be made from time to time. We will notify you of any material change the Agreement by providing a link to the revised Agreement. Such amendments shall become effective upon your receipt of notice or such later date as may be stated in the notice. If a change is made for security purposes, we may implement the change without prior notice to you. If you do not agree with the change, you may discontinue using the service. However, your continued use of the service will indicate your acceptance of and agreement to any changes to the Service.
- Eligibility
Enricher is intended solely for individuals who are 18 or older. Any access to or use of Enricher by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using Enricher, you represent and warrant that you are 18 or older.
- Enrolment
Upon completing the download of the Enricher App, you will be required to provide some of your personal data for your own security. You will also be required to complete and upload any other documentation required for our record. By using the Enricher App you represent that the information provided is true.
- Alerts, Notifications and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include your name, or email address and information about your portfolio(s) if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.
- Security Procedures
You are solely responsible for maintaining the security of your Mobile Device and for any unauthorised use of your Mobile Device to access the service. You agree to lock your Mobile Device with a password or number code whenever it is not in use so that your personal information is not accessible by others. In addition, you agree to notify us immediately in the event you become aware of any loss, theft, or unauthorized use of the Enricher App or your Mobile Device.
- Availability and Reversals
Once you have sent transaction instructions to us via the Enricher App, you will not be able to reverse those instructions. It is your responsibility to correctly enter all transaction information into your Mobile Device, including transaction amounts. There may be events during which our services will be unavailable.
- Disclaimer Warranties
Your use of Enricher’s website, and the personal information you provide is at your sole discretion. Enricher’s website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Enricher.
ENRICHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ENRICHER’S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. ENRICHER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
- REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ENRICHER’S WEBSITE, CONTENT AND/OR USER INFORMATION;
- THAT ENRICHER’S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
- THAT ENRICHER’S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR
- REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY ENRICHER ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Enricher’s website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
- Limitation of Liability
You agree that to the extent not prohibited by applicable law, We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of the Enricher App, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if we have been informed of the possibility thereof. In addition to the above, we shall not be liable for inability to use the service or losses caused by events such as fires, floods, earthquakes, epidemics, strikes, unavailability of necessary utilities, blackouts, natural disasters and acts of regulatory agencies.
- Termination
Each of us can end this agreement at any time, subject to the maturity of all plans (Savings & Investment). We may terminate or suspend your access to Enricher, at any time with prior notice to you if your account is found to be fraudulent.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to Enricher under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
- Dispute Resolution
If there is a legal dispute, it will take place in Federal High Courts under Nigerian Law. You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
- Restrictions on Use
You agree not to use the Enricher App in or for any illegal, fraudulent, unauthorised or improper manner or purpose and agree that the Enricher App will only be used in a manner that complies with all applicable laws, rules and regulations including all applicable state, federal and international internet, data, telecommunications, telemarketing, “spam”, and import/export laws and regulations. Without limitation, you agree that you will not
- violate the privacy rights of third parties, any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any service provider or any of its clients or subscribers;
- disseminate material or data that is illegal, or of such nature that is harassing. harmful, coercive, defamatory, libellous, abusive, threatening, obscene, or otherwise objectionable;
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Further to the above, you agree that you will not attempt to:
- access any software or services for which your use has not been authorized; or
- use or attempt to use a third party’s account, or
- interfere in any manner with the provision of the Services or the Software, the security of the Enricher App or other customers that use the service; or
- disclose third party data to any person or utilize the data for any purpose except for the performance of the service and use reasonable means to ensure that unauthorized persons do not have access to such personal data; or
- otherwise abuse the service or the Enricher App.
- Circumvent, disable, or otherwise interfere with security-related features of Enricher or features that prevent or restrict use or copying of any content or User information
- Upload, email, transmit, provide, or otherwise make available:
- any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
- any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
- unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
- any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Enricher; or
- any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Enricher; or
- any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
- Use any meta tags or other hidden text or metadata utilizing a Enricher name, trademark, URL or product name;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Enricher to send altered, deceptive, or false source- identifying information;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any Enricher web page, server, or network, or the technical delivery systems of Enricher’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Enricher.
- Attempt to probe, scan, or test the vulnerability of any Enricher system or network or breach or impair or circumvent any security or authentication measures protecting Enricher;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Enricher;
- Attempt to access, search, or meta-search Enricher or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Enricher or other generally available third- party web browsers, including without limitation any software that sends queries to Enricher to determine how a website or web page ranks;
- Violate the terms of service or any other rule or agreement applicable to you or Enricher’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service; Collect or store personal information about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
- Solicit any User for any investment or other commercial or promotional transaction;
- Violate any applicable law, regulation, or ordinance;
- Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” or “spiders”; or
- Copy or use the information, content or data on Enricher in connection with a competitive service (as determined by Enricher);
- Monitor Enricher’s availability, performance or functionality for any competitive purposes
- Use Enricher or content thereon in any manner not permitted by these Terms of Use
- Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Enricher or content thereon by any person, please contact Enricher to report any abuse. Enricher has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the Enricher Copyright and Intellectual Property Policy for further information.
- Money Laundering and Terrorism Prohibition
You hereby agree to comply with the anti-money laundering and anti-terrorism regulations; and anti-corruption laws including but not limited to the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks and other Financial Institutions in Nigeria) Regulations 2013, Economic and Financial Crimes Commission (Establishment, etc.) Act 2004; Corrupt Practices and Other Related Offences Cap C31 Laws of the Federation of Nigeria 2004; Money Laundering (Prohibition) Act, 2011 and Terrorism (Prevention) Act 2011.
- Indemnification
You hereby agree to indemnify, defend and hold us, our employees and affiliates harmless from and against any claim, expense, liability, cost, loss or damage (including cost of dispute resolution) caused directly or indirectly by your failure to comply with the terms of the agreement, your breach of representation or warranty, your failure to maintain the security of your mobile device and your negligent or intentional acts or omission in utilising the service and your violation of any applicable law, statute, or regulation relating to your use of the service.
- Intellectual Property
This Agreement does not transfer to you any ownership or proprietary rights in the Enricher App or any associated content, technology, Software or any part thereof. We retain all intellectual property rights, title and interest in and to the Enricher App and any associated content, technology, and Software. Neither you nor any user you authorize will use the Enricher App in any manner or for any purpose that will be breach our intellectual property rights in the Enricher App or contradict our business interest.
- Acceptance of Agreement, Amendment
Your use of the Enricher App constitutes your acceptance of this Agreement and other amendment that may be made from time to time. We will notify you of any material change the Agreement by providing a link to the revised Agreement. Such amendments shall become effective upon your receipt of notice or such later date as may be stated in the notice. If a change is made for security purposes, we may implement the change without prior notice to you. If you do not agree with the change, you may discontinue using the service. However, your continued use of the service will indicate your acceptance of and agreement to any changes to the Service.
- Legal Rights for events of fraud, security breach or related conduct
In the event of your participation or suspicion thereof in activities such as fraud, security breach, misuse of the Enricher App and other prohibited activities, we shall be entitled to take all preventive or corrective actions permitted under law not limited to the restriction of your access to the service, blacklisting or otherwise freezing the BVN provided, making formal reports to the Economic and Financial Crimes Commission (EFCC), the Nigerian Police Force (NPF) and other relevant security and regulatory authorities, or otherwise commence legal action in a competent court. Further to the above, you hereby grant us authority to investigate, report, or take other actions as may be necessary to prevent or resolve the events described above and to recover the affected funds or other properties.
- Insurance
We do not provide insurance coverage for the safety of your personal effects, losses caused by fraud or security breach hence you shall be solely responsible for obtaining all insurance policies as you deem fit.
- Loan
If you meet certain conditions, you will be entitled to the special service on the App. You hereby undertake that there shall be prompt settlement of the service as agreed by you. You will also comply with all relevant regulations including terms stipulated in this agreement or in other agreements which you execute with us and act in good faith at all times. The rules regulating this service may be reviewed or updated from time to time and shall include rules laid down by us, applicable financial institutions and regulatory authorities. It is your responsibility as a recipient of this service to stay informed on all reviews or updates that may be applicable to you.
In the event of a default in the use of this service received, we shall be entitled to take all such legal actions as we deem fit including reporting you to/engaging the services of appropriate agencies.
- Privities of Contract
These terms of this Agreement apply to you as a User only and any person who is not a party to this Agreement shall have no right by law or otherwise to enforce any of its terms.
- Miscellaneous
We may waive enforcement of any provision of this Agreement. Any such waiver shall not affect our rights with respect to any other transaction or modify the terms of this Agreement. No waiver of any breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. In the event that any provision of this Agreement is held to be unenforceable or invalid by any court or regulatory authority of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected, and in lieu of such invalid or unenforceable provision there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.
- General Terms
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Enricher, and any prohibited assignment will be null and void.
Enricher may assign this Terms of Use Agreement or any rights hereunder without your consent. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Use, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account. We reserve the right to change this Agreement by posting a revised Terms of Use and we agree that changes cannot be retroactive. If you don’t agree with these changes, you must stop using Enricher.
- Communication: Any notice or communication will be in writing by email
You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Enricher’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Enricher. These Terms of Use together with the Enricher’s Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between Enricher and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (a) Enricher via email (in each case to the address that you provide), or (b) you via email to info@theenricher.org or to such other addresses as Enricher may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
- Feedback: We welcome your feedback!
Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@theenricher.org. You agree, however, that (i) by submitting unsolicited ideas to Enricher or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Enricher. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Enricher together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
- Will Enricher review these Terms or the Services?
We may add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
- How can I contact Enricher?
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at info@theenricher.org, 0708 330 0760