Turbo Group: Terms and Conditions

Turbo Group Limited is a conglomerate which is incorporated under the Companies and Allied Matters Act, 2020 in Nigeria with many subsidiaries such as Turbo Finance powered by KKU MFB, Payinvert Limited, Turbo Send, Turbo Energy, Pay4Power, Smart cities real estate, and host of others with the aim of bringing services to people under one umbrella name of Turbo Group. The products we offer are as follow: energy, finance & investment, healthcare, consumers solutions, technology, solar etc.

WHEREAS

This Agreement is between you (“customer”) and Turbo Group duly incorporated under the laws of Nigeria, (hereinafter referred to as “Turbo Group” which term shall where the context so admits include its legal representatives and assigns).

This Agreement (together with our Privacy Policy) sets out the complete terms and conditions (the “Terms and Conditions”) which shall be applicable to all the subsidiaries under the group and products alike.

These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

1. ACCEPTANCE OF TERMS AND CONDITIONS

You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Turbo Group (the Terms and Conditions) before downloading or streaming the App or opening an account or requesting for any services from any of our subsidiaries which will govern the use and creation of the Account.

After clicking the button on the website, you will be deemed to have Accepted the Terms and Conditions immediately upon your clicking the “Continue” button or any other button which signifies your acceptance of these Terms and Conditions and an intention to use the websites. If you do not agree with the Terms and Conditions please do not click “Continue” on the group web page. Please note that you will not be able to access the Services if you declined the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not give you access to continue.

These Terms and Conditions may be amended or varied by Turbo Group from time to time and your continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Turbo Group will take all reasonable measures to notify you of any changes.

From time to time updates to the websites may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the web page and accepted any new terms and conditions.

By using any of the 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 improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the websites.

* 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;

* you include our copyright notice on all entire and partial copies you make of the websites on any medium; and you undertake not to provide or otherwise make available the website in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

* to comply with all technology control or export laws and regulations in your country that apply to the technology used or supported by the App or any Service (the Technology).

2. LICENCE RESTRICTIONS

You must:

(a) not use the website or any Service 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, any Service or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the website or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the website or any Service;

(d) not use the website or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not 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.

3. ACCEPTABLE USE AND RESTRICTIONS

A. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the website and the Technology anywhere in the world belong to us or our licensors, that rights in the website are licensed (not sold or assigned) to you, and that you have no rights in, or to, the website 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 in source-code form.

B. USE OF THE SERVICES

1. The Services offered by Turbo Group is all encompassing and can only be utilized by adults and incorporated organizations duly registered by the registering authority in the host country. Turbo Group reserves the right to verify the authenticity of your information or data by conducting KYC and KYB on your status.

4. REQUESTS MADE BY THE CUSTOMER

A. You hereby irrevocably authorize Turbo Group to act on all Requests received by any of our subsidiaries from you (or purportedly from you) through the System or your Equipment and to hold you liable in respect thereof. Turbo Group may nevertheless refuse to carry out any Requests in its sole and absolute discretion.

B. Subject to its discretion, Turbo Group reserves the right to reject any Request in relation to account creation from you even if you have previously been created on the website.

C. Turbo Group, in its absolute discretion, 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.

D. You agree to and shall release from and indemnify Turbo Group against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Turbo Group having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.

E. You acknowledge that to the full extent permitted by law, Turbo Group shall not be liable for any unauthorized drawing, transfer, 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.

F. Turbo Group is authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws in Nigeria.

G. In the event of any conflict between any terms of any Request received from you and this Agreement, this Agreement shall prevail.

5. CUSTOMER’S RESPONSIBILITIES

5.1 You shall at your own expense provide and maintain in safe and efficient operating order your Device necessary for the purpose of accessing the System and the Services.

5.2 You shall be responsible for ensuring the proper performance of your Device. Turbo Group shall neither be responsible for any errors or failures caused by any malfunction of your Device, nor shall Turbo Group be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Device. You shall be responsible for charges due to any service provider providing you with connection to the Network and Turbo Group shall not be responsible for losses or delays caused by any such service provider.

5.3 You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by Group concerning the use of the System and the Services.

5.4 You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Device and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. Turbo Group shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Turbo Group harmless from any losses resulting from any disclosure of your Credentials.

5.5 You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Turbo Group 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 Turbo Group in the event that:

5.5.1 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 Services has or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.

5.6 You shall at all times follow the security procedures notified to you by Turbo Group 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 confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

5.7 You shall not at any time operate or use the Services in any manner that may be prejudicial to Turbo Group.

6. VARIATION AND TERMINATION

6.0 Turbo Group may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account and in particular but without prejudice to the generality of the foregoing, Turbo Group may cancel credits which it has granted and require the repayment of outstanding debts resulting from such credits within such time as Turbo Group may determine.

6.1 Without prejudice to Turbo Group rights, Turbo Group may at its sole discretion suspend or close your Account;

6.2 if you use the Account for unauthorized purposes or where Turbo Group detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

6.3 if Turbo Group is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

6.4 if Turbo Group reasonably suspects or believes that you are in breach of these Terms and Conditions which you fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so

6.5 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;

6.6 If Turbo Group 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

6.7 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;

6.8Termination shall however not affect any accrued rights and liabilities of either party.

7. EXCLUSION OF LIABILITY

7.1 Turbo Group 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 Turbo Group control including, without limitation, Force Majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

7.2 We only provide the Services on the website for individual, private use, and small and medium business 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 unauthorized use of the website.

7.3 Turbo Group will not be liable for any losses or damage suffered by you as a result of or in connection with.

7.4 Any defect or fault in the website or any Service resulting from you having altered or modified the website;

7.5 any defect or fault in the website resulting from you having used the website in breach of the terms of this Agreement;

7.6 Your breach of any of the Licence Restrictions or the Acceptable Use Restrictions;

7.7 Failure, malfunction, interruption or unavailability of the System, your Equipment, the Network or the Electronic Payment System; the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account;

7.8 Any fraudulent or illegal use of the Services, the System and/or your Equipment; or

7.9 Your failure to comply with the Terms and Conditions and any document or information provided by Turbo Group concerning the use of the System and the Services;

7.10 Your failure to comply with the Terms and Conditions and any document or information provided by Turbo Group concerning the use of the System and the Services;

7.11 If for any reason other than a reason mentioned in clauses above, the Services are interfered with or unavailable, Turbo Group’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable;

7.12 Save as provided in clause 6.7, Turbo Group shall not be liable to you for any interference with or unavailability of the Services, howsoever caused;

7.13 Under no circumstances shall Turbo Group be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Turbo Group.

7.14 All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

8. INDEMNITY

a. In consideration of Turbo Group complying with your instructions or Requests in relation to your Account, you undertake to indemnify Turbo Group and hold it harmless against any loss, charge, damage, expense, fee or claim which Turbo Group suffers or incurs or sustains thereby and you absolve Turbo Group from all liability for loss or damage which you may sustain from Turbo Group acting on your instructions or Requests or in accordance with these Terms and Conditions.

b. The indemnity in clause 8 shall also cover the following:

c. All demands, claims, actions, losses and damages of whatever nature which may be brought against Turbo Group or which it may suffer or incur arising from its acting or not acting on any Request or arising 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 Turbo Group 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 Turbo Group.

d. Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.

e. Any unauthorized 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.

f. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information 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 or any loss which may be incurred by Turbo Group as a consequence of any breach of these Terms and Conditions.

g. Any damages and costs payable Turbo Group to in respect of any claims Turbo Group for recompense for loss where the particular circumstance is within your control.

9. COMMUNICATION BETWEEN US:

i. If the customer wishes to contact in writing, or if any condition in these Terms and Conditions requires the customer to give notice to Turbo Group, you can send this to us by e-mail to info@turbogroup.com or to such e-mail address that may be communicated to you from time to time or phone/whatsapp +234(1)8156960000. We will confirm receipt of this by contacting you in writing by e-mail

ii. If we have to contact you or give you notice in writing, we will do so by posting such notice on our website; or by e-mail or sms to the mobile phone number or e-mail address you provide to us in your request for any of our services.

10. GENERAL

a. Remedies Cumulative

No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by this Agreement or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.

b. No waiver

No failure by Turbo Group to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.

c. Effect of invalidity.

If any provision or part of a provision of this Agreement shall be, or be 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.

11. ENTIRE AGREEMENT

a. These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

b. You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy.

c. You agree with us that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

12. DISPUTE RESOLUTION

a. Disputes

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. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid, the following provisions of this clause 20 shall apply.

b. Dispute Resolution.

Any dispute, difference or question whatsoever and howsoever arising out of or in connection with this Agreement, save as specifically provided herein, shall be referred to the Lagos State Multi-Door Court for resolution and parties shall respectively bear their cost.

Where parties are dissatisfied with the outcome of LMDC, either party is at liberty to commence a legal action in any court of competent jurisdiction in Lagos State. Nothing in this clause 34 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 outcome of LMDC.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.