All Users acknowledge that, as a Spark Member, any funds they have on Spark are held safely in a segregated Bank Account, and that any funds held in said Bank Account are pooled together. Any transactions on Spark between Users, do not necessitate the actual transfer of funds outside of Spark platform; each User is responsible for how they wish to load and withdraw money in and out of Spark, respectively. Users can add and remove their own External Wallets and/or External Bank Accounts using Spark, and can keep multiple External Wallets and/or External Accounts connected at once. In order to continue to provide a great Service, Spark reserves the right to change Third-Party Payment Processing Partners, and work with multiple partners simultaneously while ensuring at every point in time that the appropriate regulatory approvals are in place with any and all partners.
“Club Admin” means the User that created the Spark Club, if and until such a time arises that the Club Admin changes Club Admins to another User, who then becomes the new Club Admin.
“Fees” means to all fees and charges imposed by FiClub Ghana Limited for use of the Services, including relevant taxes or mandatory fees.
“Spark User 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 User Account;
“Spark Account” means an Account 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 external mobile money wallet and/or external Bank Account;
USE OF THE SPARK APP
The Spark App
(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 is to:
operate the Spark App to facilitate the creation and running of Clubs for mobile transactions;
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;
facilitate the payment and collection of sums due under or in connection with transactions made through the Spark App; and
manage all aspects of servicing and managing the financial transactions and Spark Accounts made through the Spark App.
TERMS APPLICABLE TO ALL USERS: ELIGIBILITY, LICENSE AND REPRESENTATIONS
Eligibility Criteria: General
Eligibility Criteria : Spark 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 Spark Club on the Spark App both at the time of your formation and/or joining of a Spark Club and also for the duration of your time as a member of a Spark Club.
You warrant and represent to Spark that:
you have met all the criteria above;
the information provided to us in the course of registering as a member during your time as a member of Spark, or any Spark Clubs, is true and accurate in all respects; and
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 Spark 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.
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 User 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 User Account.
You authorize 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 User 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, orders, 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 User Account information is being misused by a person so that we may suspend your Spark User 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 User Account is not you or we suspect illegal or fraudulent activity or unauthorised use.
Creating a Spark User Account gives you the opportunity to create and/or be part of Spark Clubs on the Spark App. You may join an existing Spark Club created by other Users of the Spark App or create your own Spark Club and invite new and existing Users of the Spark App to participate and transact in your Spark Club. Spark Clubs are controlled by the Club Admin. Each Spark Club has its own Spark Club Account. Spark Club Accounts are funds held by the Club Admin, but designated separately from the Club Admin’s personal Spark Account, with some Clubs having settings available to restrict the Club Admin’s ability to debit funds from the Spark Club Account.
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
You may review personal information 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 trustworthiness of other Users. You may not reproduce any personal information. Further, you represent and warrant that: (i) you do not have the ability to match any personal information 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 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
We may process and use your personal information to operate the Spark App:
to manage your Spark User Account and keep you informed about you activities on the Spark App;
to identify which of our, or others, products might interest you and inform you about them; and
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:
to our agents and subcontractors, acting for us for any of the purposes described above;
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);
to meet our obligations to any relevant regulatory authority; and
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 identity reference and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering and other crime.
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.
Restrictions on Data Collection/Termination
Without our prior consent, you may not:
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);
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;
engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
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;
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
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.
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:
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;
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;
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;
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;
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 debit or credit card numbers;
solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;
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;
intimidate or harass other Users;
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;
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
upload, post, transmit, share, store or otherwise make available content that, in the sole judgment 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 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:
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 Ltd and/or its licensor(s) (as the case may be);
modify, copy, tamper with or otherwise create derivative works of any software included in the Spark App;
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;
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;
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;
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 license, interest, or right by virtue of your use of or access to the Spark App.
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 websites 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 websites 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.
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.
to make the terms clearer and easier to understand
as a result of changes in the banking or financial system, technology, our business, policies, procedures and the systems we use;
as a result of actual or anticipated legal or regulatory requirements;
to ensure that our business is run prudently and efficiently; or
any other reasonable and valid reason
Termination of Membership
If you no longer wish to be a member of the Spark App, and provided you have no outstanding user disputes, 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:
we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities; or
you misuse the Spark App by carrying out any of the
If you have user disputes outstanding, we will not be able to close your Spark User Account following termination by us until all matters have been resolved. We may however significantly restrict your access to the Spark App and your ability to use certain functions under your Spark User Account.
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:
(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.
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.
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
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 shall not be liable to you for any loss or damage which you may suffer as a result of any agreements you have made with other users of Spark, including but not limited to any promises to make future contributions in Clubs with individual users, or promises and obligations agreed to in exchange for goods or services with other users or Clubs.
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 User Account in your name or which we believe to be under your control, against any funds held in another Spark User 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
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.
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 firstname.lastname@example.org 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.
Phone: (+233) 20 147 0158