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Terms of Use

Last Updated February 25, 2022

In these Terms of Use, the words “you,” “your,” and “User” mean each and every person who accesses or uses any Service (as defined below). The words “we,” “us,” “our,” and “Spark” mean FiClub Ghana Ltd. Please review these Terms of Use before using or accessing our website, including any of its content (“Platform”), mobile application and/or any products or services offered by Spark (each, a “Service”), and the group of financial service technologies that FiClub Ghana Ltd or any of its affiliates have developed to enable the services we facilitate or provide (collectively, the “Spark App”). If you do not agree to these terms without limitation or exclusion, you should exit the Spark App. These Terms of Use are effective immediately for new users, and from November 30th, 2021 for existing users.

All Services are provided by FiClub Ghana Ltd or its affiliates. By accessing or using any Service, including Spark Platform or the Spark App, you signify that you have read, understand and agree to be bound by these terms of use (“Terms of Use”), regardless of whether you have registered with Spark as a member. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of Services or related services offered by others. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of a Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, “Users” means anyone who accesses and/or uses a Service. 

Changes to these Terms of Use

We may make changes to these Terms of Use from time to time. If we do this, we will post the changed Terms of Use on the Spark App and will indicate at the top of this page the date the Terms of Use were last revised. You understand and agree that your continued use of any Service after we have made any such changes constitutes your acceptance of the new Terms of Use.

DEFINITIONS

In these Terms of Use the following words shall, unless the context requires otherwise, have the following meanings:

“Fees” has the meaning any and all applicable fees charges by FiClub Ghana Limited for use of the Services including any taxes or other statutory fees that may apply;

“Spark Account” means the section of the Spark App or Platform provided to each User which can only be accessed by the relevant User using their own username and/or Phone Number and PIN;

“Spark Membership ID” means the personal identifying social tag or PIN issued to a person upon successfully registering for a Spark Account;

“Spark Wallet” means a  wallet assigned to each Member which is meant for engaging in financial transactions on the Spark App and which is capable of being linked to a User’s mobile money wallet; 

“Loan” means a loan transaction entered into by a borrower and  a lender using the Spark App, the terms of which are set out in a Loan Agreement;

“Loan Agreement” means a credit agreement setting out the terms of a Loan facilitated via the Spark App;

“Loan Request” means the full loan application which includes a creditworthiness and affordability check using various sources including but not limited credit reference agencies, information provided to us during the underwriting process and information received from third parties about your financial status, which will all be used to determine an acceptance or decline of your Loan Request;

“User” means a person who has approval by Spark to register, join, access and use the Spark App pursuant to and in accordance with these Terms of Use ; and membership shall be construed accordingly;

“Privacy Policy” means the Spark privacy policy accessible online at https://joinspark.app/privacy-policy

“Terms of Use” means these Terms of Use; any reference to this ‘agreement’ is a reference to these Terms of Use

USE OF THE SPARK APP

The Spark App

To access and use the Spark App you must first become a member of the Spark App pursuant to these Terms of Use.  To become a member of the Spark App you must meet the Eligibility Criteria and agree to these Terms of Use.

 

Subject to you meeting the Eligibility Criteria and these Terms of Use, Spark shall:

(a) register you as a member of the Spark App;

(b) provide you with access to and use of the Spark App; and 

(c) provide you with a number of connected services in relation to performing mobile transactions and communicating with other Users of the App.

 

Spark will ask you to grant us permission to continually have access to your Contacts on your mobile device, mainly the names and phone numbers of your Contacts as you have saved them on your mobile device. We ask for this permission so we can always and accurately let you know which of your Contacts are, or are not, already using Spark, so we can maintain an amazing transaction experience for you.

Our Role

Our Role is to:

  1. operate the Spark App to facilitate the creating and running of clubs for mobile transactions; 
  2. operate the Spark App to enable Users to save money,  pool money, send and request money and make mobile payments to other Users, to one or more other users simultaneously;
  3. provide and manage a process for lending and provide requirements for entering into Loan Agreements with Borrowers;
  4. facilitate the payment and collection of sums due under or in connection with transactions made through the Spark App, including Loans; and
  5. manage all aspects of servicing and managing the financial transactions, Spark Wallets and Loans transacted through the Spark App.

TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS

Eligibility Criteria: General

All Services are intended solely for Users who are eighteen (18) years of age or older with a bank account and/or a registered mobile money wallet in Ghana, and any registration by, use of or access to the Spark App by any natural person under 18 without a bank account and/or a registered mobile money in Ghana is unauthorized, unlicensed and in violation of these Terms of Use. By using any Service, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, we may terminate your membership, delete your profile and any content or information that you have posted and/or prohibit you from using or accessing any Service (or any portion, aspect or feature thereof), at any time in its sole discretion, with or without notice, including without limitation if we believe that you are under 18. Our Services do not extend to provision of independent verification of the identity of other Users of the Spark App and we do not guarantee the accuracy or veracity of the information provided by the user or Spark or any third party verification service providers. You are responsible for taking personal precautions to ensure your safety when engaged in any transaction, interaction and communication on the Spark App.

Eligibility Criteria : Money Club Members

To engage in the financial services available in the Spark App, you must meet all the Eligibility Criteria: General as well as these criteria for membership of a money club on the Spark App both at the time of your formation and/or joining of a money club and also for the duration of your time as a member of a money club.

You warrant and represent to Spark that:

  1. you have met all the criteria above;
  2. the information provided to us in the course of registering as a member during your time as a member of a money club, applying for a Loan and throughout the borrowing process is true and accurate in all respects; and
  3. you have disclosed to us any circumstances that you are aware of (including without limitation any legal claims, undisclosed liabilities, litigation, court proceedings or investigations which are current, threatened, pending or otherwise reasonably likely to occur against you by any third party) which could or might result in a material adverse change in your financial condition, business or assets.

 

The representations and warranties above are deemed to be repeated on each day that you are a User of the Spark App by reference to the facts then existing, and you undertake not to take or permit any action to be taken that may cause such representations and warranties to be untrue and inaccurate.

If at any time while a member of  a money club and your usage of the Spark App any of the above criteria, representations and warranties are no longer true or accurate or satisfied by reference to the facts then existing, you agree to contact FiClub Ghana Ltd as soon as possible and explain which criteria, representations and warranties are, or may, no longer be true or accurate or satisfied. You agree to provide FiClub Ghana Ltd with such information as it may reasonably require about your financial condition, business and affairs from time to time.

You agree to access and use the Spark App only as envisaged by and in accordance with these Terms of Use.

Registration

Before you are able to have access to the Services provided on the Spark App, we will first require you to register with us to create your Spark Account and become a member. 

You agree to provide accurate registration information, including your correct name, date of birth, e-mail address, phone number, Ghana card, address history, and all other relevant information requested by us to you. You agree to inform us promptly of any changes to such information via the process set out in your Spark Account.

You authorise us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information. 

Upon registration we will provide you with a Spark Membership registration ID. You agree to keep your registration ID confidential and provide them only to us when accessing your Spark Account. You are responsible for any misuse of these details as a result of your breach of this section. 

We are entitled to assume that all correspondence, order, transfers and instructions made by reference to your Spark App registration ID are made by you. You agree to inform us if you believe that any of your Spark Account information is being misused by a person so that we may suspend your Spark Account pending further investigation.

We also reserve the right not to act on your instruction where we suspect that the person logged into your Spark Account is not you or we suspect illegal or fraudulent activity or unauthorized use.

Money Clubs

Creating a Spark Account gives you the opportunity to create and/or be part of money clubs on the Spark App. You may join an existing money club created by other Users of the Spark App or create your own money club and invite new and existing Users of the Spark App to participate and transact in your money club.

Borrowing & Lending 

To apply for a Loan a Borrower must begin by joining a waitlist for one of the several credit offerings provided by the Spark App. If the borrower is approved then the Borrowers can request a Loan directly in the Spark App. Once the Loan request has been approved and a Loan Agreement entered into then the terms of the Loan shall become binding. 

Loan Agreement

Each Loan Agreement is a separate agreement between the Borrowers and the Lender. If there is a conflict between these Terms of Use and the Loan Agreement, the terms and conditions of the Loan Agreement will prevail. These Terms of Use do not form part of the Loan Agreement.

A copy of your executed Loan Agreement will be sent to the Borrower by email, and will also be accessible via your Spark Account. Once a Loan Agreement has been made neither party will be allowed to change the terms or withdraw from the Loan Agreement other than in accordance with legal requirements.

Repayment of Loans

The scheduled repayments payable to Lender will be set out in the Loan Agreement.

You must make repayments to us and we will collect all repayments using the methods set out in the Loan Agreement. You will repay all Loans as determined by the Spark App.

If you miss a scheduled repayment or anticipate that you might be in a position that will lead to your missing a repayment you should contact us as soon as possible.

We will always follow the required statutory and regulatory process in relation to arrears and defaults in respect of your Loans.

Fees

FiClub Ghana Ltd reserves the right to charge fees for access to the Services upon notice to you. Such Fees may include administrative fees, interest fees, penalty fees, and statutory fees, amongst others.

Proprietary Rights in Service Content; Limited License

All content within all Services, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of FiClub Ghana Ltd with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post within a Service. Provided that you are eligible for use of a Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your use in connection with your use of the Service, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content (as defined below), you may not republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Any use of any Service or any Service Content other than as specifically authorized herein, without the prior written permission of FiClub Ghana Ltd, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

You may review personal information (including credit data) posted by or relating to other Users on the Spark App, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the creditworthiness of other Users. You may not reproduce any personal information (including credit data). Further, you represent and warrant that: (i) you do not have the ability to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (ii) you will not make any attempt to obtain data permitting you to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (iii) you will not accept any information from any third party that permits such a match; and (iv) you will make no such match.

Use of your Personal Information

This section is in addition and supplementary to the Privacy Policy. If there is a conflict between this section and the Privacy Policy, then the terms in this section will prevail.

We may process and use your personal information to operate the Spark App:

  1. to manage your Spark Account and keep you informed about you activities on the Spark App;
  2. to assess lending risks;
  3. to trace borrowers and recover debt;
  4. to identify, prevent, detect or tackle fraud, money laundering and other crime; to carryout regulatory checks; to calculate, collect and make payments of Loans, interest and other sums described in these Terms of Use;
  5. to identify which of our, or others, products might interest you and inform you about them; and
  6. for statistical analysis and market research.

 

In this section “personal information” means any information relating to any person. We may also disclose your personal information:

  1. to our agents and subcontractors, acting for us for any of the purposes described above;
  2. to law enforcement agencies and fraud prevention agencies for the purposes of identifying, preventing detecting or tackling fraud, money laundering or other crime (this includes information you provide which is false and inaccurate);
  3. to credit reference agencies for the purposes of assessing lending risks;
  4. to debt recovery agencies for the tracing of debtors and recovery of debt; 
  5. to trace debtors and recover debt;
  6. to meet our obligations to any relevant regulatory authority; and
  7. if we have to by law, an order of the court or where it is in the public interest.

 

When processing your personal data, we shall always comply with the Data Protection Act 2012 and any other associated legislation.

We and other organisations may access and use from other countries the information recorded by credit reference and fraud prevention agencies for the purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crime.

Any credit reference agency that is searched as a result of your use of the Spark App will keep a record of any search and other lenders may use it to assess applications they receive from you in the future. As a general rule, we will give you at least 28 days’ notice if we decide to file a ‘default’ on your credit reference file. However, we may not always give you notice beforehand, for example, if we plan to take court action.

By submitting personal information to FiClub Ghana Ltd, you agree that it may be used in all the ways described above. We will not be liable for any use or misuse of your personal data by others, but you agree to inform us promptly of any misuse of your Spark Account or the Spark App of which you are aware.

Under the Data Protection Act 2012, you have a right to access certain personal records we hold about you. This is called a “subject access request”, which you can make by contacting us within the Spark App. A Fee may be payable, but we will not charge you until we have told you how much the Fee is and what it is for, and you have told us you still want to proceed.

We do not disclose your Personal Information to any other members other than as set out above, unless it is necessary to enforce any of your Loan Agreements or to obtain repayment.

In addition, you agree that any and all personal information you provide to us via the Spark App may be collected, stored, processed and used in accordance with our Privacy Policy.

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

  1. use any automated means to access this Spark App or collect any information from the Spark App (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
  2. frame the Spark App, utilize framing techniques to enclose any Service Content or other proprietary information, place pop-up windows over this Spark App’s pages, or otherwise affect the display of this Spark App’s pages;
  3. engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
  4. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Spark member or third party;
  5. Use data provided by FiClub Ghana Ltd and the Spark App, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from FiClub Ghana Ltd in the past to compete with the products or services of FiClub Ghana Ltd; or
  6. use this Spark App in any manner that violates applicable law or that could damage, disable, overburden, or impair this Spark App or interfere with any other party’s use and enjoyment of this Spark App.

We may terminate, disable or throttle your access to, or use of, this Spark App and any other Service at any time without notice for any reason, with or without cause at Spark’s sole discretion.

The following provisions of these Terms of Use shall survive termination of your use or access to any Service: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to any Service.

User Representations

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through any Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect any contact information of Users by electronic or other means for the purposes of sending unsolicited communications. Additionally, you agree not to use automated scripts to collect information from any Service or for any other purpose. You further agree that you may not use any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service. In addition, you agree not to use any Service to:

  1. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  2. except where authorized by FiClub Ghana Ltd, register for more than one User account, register for a User account on behalf of an individual other than yourself, operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name, or register for a User account on behalf of any group or entity;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;
  4. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  5. upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  6. solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;
  7. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. intimidate or harass another User;
  9. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  10. use or attempt to use another’s account, service or system without authorization from that person and Spark, or create a false identity on any Service; or
  11. upload, post, transmit, share, store or otherwise make available content that, in the sole judgement of Spark, is objectionable or which restricts or inhibits any other person from using or enjoying any Service, or which may expose Spark or its Users to any harm or liability of any type.

TERMS APPLICABLE TO INDIVIDUAL USERS

Registration Data; Account Security

In consideration of your use of any Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms in the Service or otherwise requested by us (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) promptly notify us regarding any material changes to information or circumstances that could affect your eligibility to continue to use any Service or the terms on which you use the any Service; and (e) be fully responsible for all use of your account and for any actions that take place using your account.

INTELLECTUAL PROPERTY MATTERS

FiClub Ghana Ltd and its licensors, affiliates or third party service providers (if any) reserves and retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the products, services and all content and data contained in or provided on Spark (including all texts, graphics and logos). You shall not do anything that will violate or infringe such intellectual property rights.

 

The Spark App and its original content (excluding content provided by users), features, pictures, media, data and functionality, both electronic or in other forms and formats, or are and will remain the exclusive property of FiClub Ghana Ltd and its licensors, affiliates or third party service providers (if any). Spark reserves the right to use farm data (all types of data) collected from the farm as it pleases. The Services are protected by copyright, trademark, and other laws of both Ghana, the USA and other countries. Our trademarks and intellectual property shall not be used in connection with any product or service without our prior written consent and nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

 

If and to the extent that any such intellectual property rights vest in you by the operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request to assign such intellectual property rights back to us.

You shall retain ownership of all copyright in data you upload or submit to the Spark App. You grant FiClub Ghana Ltd a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.

You are permitted to use the Spark App only as authorized by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, and download content subject to these Terms.

You shall not:

  1. copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via Spark in any form without the prior written permission of FiClub Ghana Ltdnand/or its licensor(s) (as the case may be);
  2. modify, copy, tamper with or otherwise create derivative works of any software included in the Spark App;
  3. reverse engineer, disassemble, or decompile the Spark App or apply any other process or procedure to derive the source code of any software included in the Spark App as part of its services;
  4. remove, obscure, or alter any notice of any of our trademarks, or other intellectual property appearing on or contained within the services or on any platform materials;
  5. attempt to gain unauthorised access to the Spark App, or our servers, computers or databases, attack the Spark App via a denial-of-service attack or distributed denial-of-service attack;
  6. Attempt to reproduce, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer or transmit in any manner or by any means or stored in an information retrieval system any part of the Spark App without the prior written consent of FiClub Ghana Ltd and/or its licensor(s) (as the case may be).

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Save as expressly provided otherwise in the Terms, you acknowledge that you are not granted any licence, interest or right by virtue of your use of or access to the Spark App.

Trademarks

The Spark App and all other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of FiClub Ghana Ltd in Ghana, the U.S. and/or other countries. FiClub Ghana Ltd’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FiClub Ghana Ltd.

Links to Other Websites 

Our Services may contain links to third-party web sites or services that are not owned or controlled by FiClub Ghana Ltd.

 

FiClub Ghana Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that FiClub Ghana Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites or apps, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about any Service (“Submissions”), provided by you to FiClub Ghana Ltd are non-confidential and shall become the sole property of FiClub Ghana Ltd. FiClub Ghana Ltd shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

MISCELLANEOUS TERMS

Variation of the Terms of Use

We may make changes to these Terms of Use and/or the Privacy Policy from time to time for any of the following reasons:

  1. to make the terms clearer and easier to understand
  2. as a result of changes in the banking or financial system, technology, our business, policies, procedures and the systems we use;
  3. as a result of actual or anticipated legal or regulatory requirements;
  4. to ensure that our business is run prudently and efficiently; or
  5. any other reasonable and valid reason

It is your responsibility to check these Terms of Use and the Privacy Policy from time to time to ensure that you agree with them.

You can terminate your membership of the Spark App in accordance with the termination provisions below. Your continuing to be a member of the Spark App or access and use of the Spark App after any change to these Terms of Use will be deemed to be your acceptance of the change.

Termination of Membership

If you no longer wish to be a member of the Spark App, and provided you have no Loan Agreements currently in force, you can notify us and we will end your membership. We will treat your notice as notice of termination of this agreement between us.

We may terminate this agreement and end your membership of the Spark App at any time if:

  1. you breach these Terms of Use;
  2. you breach any term of your Loan Agreement(s) and fail to remedy the breach within any period notified to you or where no such notification is provided, within a reasonable period;
  3. we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities; or
  4. you misuse the Spark App by carrying out any of the
  5. prohibited actions set out in these Terms of Use.

 

Termination of your membership of Spark will not necessarily result in a termination of any Loan Agreement which shall remain valid and binding unless and until terminated in accordance with the terms of the Loan Agreement.

 

If you have Loan Agreements outstanding, we will not be able to close your Spark Account following termination by us until all sums due under such Loan Agreements have been repaid. We may however significantly restrict your access to the Spark App and your ability to use certain functions under your Spark Account.

User Disputes

For the avoidance of all doubt, you are solely responsible for your interactions with other Users. FiClub Ghana Ltd reserves the right, but has no obligation, to monitor disputes between you and other Users. FiClub Ghana Ltd may, at its sole discretion and without prior notice, limit your activity, immediately remove your posts, issue a warning, temporarily suspend, indefinitely suspend or terminate your Spark Account and refuse to provide any Services to you if:

(a) you breach these Terms of Use or other policy documents and community user agreements or guidelines that these Terms of Use incorporate by reference;

(b) FiClub Ghana Ltd is unable to verify or authenticate any of your information; or

(c) FiClub Ghana Ltd believes that your actions may cause financial loss or legal liability for you, the Spark App’s users or FiClub Ghana Ltd.

Privacy

Please review our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. By using any Service, you are consenting to the Privacy Policy and agree to have your personal data transferred to and processed in Ghana or the United States.

Disclaimers

FiClub Ghana Ltd and its parent, affiliates, subsidiaries, and providers, and their respective officers, directors, employees, agents, independent contractors and licensors (collectively the “Spark Parties”) do not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any Service Content, User Content, or Third-Party Content (together, “Content”) and the Spark Parties disclaim liability for errors or omissions in any Content.

All Services and all Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. We do not warrant, endorse, guarantee or assume responsibility for actions of any User, any product or service offered by a User or Third-Party Content through the Spark App and we will not be responsible for monitoring any transaction between Users and/or any Third-Party providers of Content. The Spark Parties do not warrant that any Service is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to these Terms of Use. 

FiClub Ghana Ltd does not guarantee the accuracy of any User Content or Third-Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post within any Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter within any Service or in connection with any User Content or Third-Party Content. FiClub Ghana Ltd encourages and expects all Users to exercise best judgement and caution where appropriate and we shall  not be responsible for the conduct, whether online or offline, of any User of any Service. FiClub Ghana Ltd cannot guarantee and does not promise any specific results from use of any Service.

Any Service may be temporarily unavailable from time to time for maintenance or other reasons. Spark assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. FiClub Ghana Ltd is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or in any Service or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with any Service. Under no circumstances will FiClub Ghana Ltd be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of any Service, any User Content or Third-Party Content posted within or through any Service or transmitted to Users, or any interactions between Users, whether online or offline. 

FiClub Ghana Ltd reserves the right to change any and all content contained within any Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FiClub Ghana Ltd.

Limitation on Liability

You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms of Use or a  Loan Agreement and any other agreement which  you are party to, or any fraudulent or negligent use of the Spark App.

We shall not be liable to you for any loss or damage, including any damages of any kind incurred as a result of such acts or omissions, which you may occur as a result of being a User of the Spark App or using the Spark Platform. In no event shall we or our directors, employees, or agents be liable to you or to any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profit, loss of revenue, loss of data or other damages arising from Users’ use of the Spark App and/or the Services, even if we have been advised of the possibility of such damages.

We are not responsible for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions and any breach of these Terms of Use arising from circumstances outside our reasonable control. Notwithstanding anything to the contrary, our total liability to you in connection with these Terms of Use and your being a member of the Spark App, your access to and use of the Spark App shall not exceed the amount of money you have borrowed giving rise to the liability.

We shall not be liable to you for any loss or damage which you may suffer as a result of us not being able to match you with a Loan whether within a given period or at all.

Nothing in these Terms of Use will exclude or limit our liability for fraud or any other liability which we cannot lawfully exclude or limit (including our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors), and this section shall be construed accordingly.

We may at any time, without notice to you, set off any liability owed to us or to our members by you, including (without limitation) in relation to any Spark Account in your name or which we believe to be under your control, against any funds held in another Spark Account in your name or which we believe to be under your control.

You acknowledge that if no Fees are paid to FiClub Ghana Ltd for the relevant Service, you may be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from FiClub Ghana Ltd, regardless of the cause of action.

Governing Law; Venue and Jurisdiction

By accessing or using any Service, you agree that the laws of the Republic of Ghana, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms of Use. If you obtain a loan, the terms of the loan will be governed by Ghanaian laws and the laws and regulations to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

If FiClub Ghana Ltd does not enforce a right or provision of these Terms of Use it shall not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use, together with the User Agreement and other policy documents and guidelines constitute the entire agreement between FiClub Ghana Ltd and you, regarding our Service, and supersede and replace any prior agreements that might have exist between FiClub Ghana Ltd and you, regarding the Service.

Indemnity

You agree to indemnify and hold FiClub Ghana Ltd, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your User Content, any Third Party Content you post or share within or through any Service, your use of any Service, your conduct in connection with any Service or with other Users, or any violation of these Terms of Use and/or the rights of Users, or of any law or the rights of any third party. 

Other

The failure of Spark to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Customer Support

FiClub Ghana Ltd’s goal is to make you happy. In the event that you are unhappy with the service on the Spark App or are otherwise facing difficulty please email FiClub Ghana Ltd at support@joinsparkapp.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. It is your sole responsibility to periodically check these Terms of Use for any changes. If there are any changes that will affect an ongoing Loan Agreement, then an email will be sent to you at least 20 days in advance of the effective date of the change. If you do not agree with any of the changes to these Terms of Use, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms of Use, please contact us.

Email: support@joinficlub.com
Phone: (233) 20 147 0158

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