Updated 14/02/2023
This Agreement is a financial services and an end-user licence agreement between you
(“End-user” “Borrower” or “you”) and Dukka Capital Limited, a company duly incorporated
under the laws of the Federal Republic of Nigeria (“Dukka”, “us” or “we”) for the use of
mobile application software, the data supplied with the software, hardware and the
associated Services (defined below) (“App”).
This Agreement (together with our Privacy Policy ) sets out the complete terms
and conditions (the “Terms and Conditions”) which shall be applicable to the Account (as
hereinafter defined) which You have with Dukka.
These Terms and Conditions and any amendments or variations thereto take effect on their
date of publication.
For the purposes of this Agreement and the preamble above, unless the context
requires otherwise:
Acceptable Use Restrictions has the meaning given to it in clause 5;
Agreement means this Agreement;
Account: means your mobile account with Dukka;
Business Day : means a day other than a Saturday, Sunday
or national or public holiday in which banks are open for business in Nigeria;
Card : means the Debit/Credit Cards issued by your
Payment System Provider;
Cardholder : means you;
Card Payment Network : shall mean MasterCard
International, Inc, Verve or Visa (including any affiliate thereof) and recognised
payment systems that accept Cards for cash access or as a payment device, and
include Star, Cirrus, PLUS, NYCE and Interlink, among others;
Card Payment Network : shall mean MasterCard
International, Inc, Verve or Visa (including any affiliate thereof) and recognised
payment systems that accept Cards for cash access or as a payment device, and
include Star, Cirrus, PLUS, NYCE and Interlink, among others;
Card Payment Network Rules: means the by-laws and
operating rules of any Payment Network
Credentials: means your personal credentials used to
access the App and operate your Account;
Credit Reference Bureau: includes any financial
institution or a credit reference bureau duly licensed under the laws and
regulations of the Federal republic of Nigeria to, collect and facilitate the
sharing of customer credit information;
Electronic Payment Service: means the payment service
delivered by a licensed payment service provider in accordance with the laws and
regulations of the Federal Republic of Nigeria;
Electronic Payment System: means the facility operated by
the Payment System Provider for the provision of the Electronic Payment Service;
Encumbrance: includes any mortgage or charge (whether
legal or equitable), lien, option, security interest, restrictive covenant, pledge,
assignment, title retention, trust arrangement or other restriction of any kind or
other encumbrance securing or any right conferring a priority of payment in respect
of any obligation of any person;
Equipment: includes the Dukka POS terminal, your mobile
phone handset, SIM Card and/or other equipment which when used together enables you
to access the Network;
Event: of Default has the meaning given to it in clause
11.1;
Force Majeure: means events, circumstances or causes
beyond the reasonable control of Dukka making Dukka’s performance of its obligations
inadvisable, commercially impracticable, illegal, or impossible, including but not
limited to acts of God, war, pandemics, lockdowns, strikes or labour disputes,
embargoes or government orders;
ISPO: means the mandate given by you to us authorizing us
to deduct, at source, predetermined sums of money from your balance and any other
connected account.
Licence Restrictions: has the meaning given to it in
clause 4;
Loan: means the principal amount of the loan (together
with any interest and fees due on the loan) made or to be made to you under this
Agreement from time to time through the App or (as the context requires) the
principal amount outstanding for the time being of that loan;
Nigeria: means the Federal Republic of Nigeria;
Mobile Network Operator: means a licensed mobile network
operator in Nigeria;
Network: means a mobile cellular network operated by a
Mobile Network Operator;
Payment System Provider: means Banks, and other financial
institutions that has been duly licensed to provide payment services in Nigeria;
Prevailing Rate: means the rate of interest payable on the
Investment as shall be notified to you through the App, which rate may be varied
from time to time;
Privacy Policy: means the Dukka privacy policy that sets
out the basis on which any personal data we collect from you, or that you provide to
us, will be processed by us;
Request means a request or instruction received by Dukka from you or purportedly
from you through the App or any of our customer support channels and upon which
Dukka is authorised to act;
Services: shall include any form of financial services or
products that Dukka may offer you pursuant to this Agreement and which you may from
time to time subscribe to; and “Service” shall be construed accordingly;
SIM Card: means the subscriber identity module which when
used with the appropriate mobile phone handset enables you to access the Network and
in some cases to use the Value Storage Account (as defined below);
SMS: means a short message service consisting of a text
message transmitted from your mobile phone to another;
System: means Dukka’s mobile and electronic communications
software enabling you to communicate with Dukka for purposes of the Services. The
System and the Services will for the purpose of this Agreement be access through the
App;
Technology has the meaning given to it in clause 3.1.4;
Third Party Partners: mean banks, payment companies, asset
management firms, credit reference bureaus, debt recovery companies, or any other
person (entity) that provides any form of service or information to us for the
provision of the Service;
Transaction Fees: includes any fees and charges payable
for the use of the Services as published by Dukka on Dukka’s website, the App, or by
such other means as Dukka shall in its sole discretion determine. Transaction Fees
are subject to change at Dukka’s discretion;
Value Storage Account: means your electronic money store
of value, being the record maintained by a Payment System Provider from time to time
held by you in the Electronic Payment System;
Balance: means the virtual storage account provided to
you on the App.
1.2.1 In addition to the definitions in clause 1.1,
unless the context requires otherwise: the singular shall include the plural and
vice versa;
1.2.2 a reference to any one gender, whether masculine or
feminine includes the other .
1.2.3 All the headings and sub-headings in this Agreement
are for convenience only and are not to be taken into account for the purposes of
interpretation of this Agreement.
1.2.4 The recitals and schedules shall be deemed to form
part of this Agreement.
2.1You must carefully read and understand the Terms and
Conditions set out in this Agreement (the Terms and Conditions) before downloading
the App or opening a balance with Dukka.
2.2 After downloading the App, you will be deemed to have
accepted the Terms and Conditions immediately upon your clicking the “Continue”
button the App or any other button which signifies your acceptance of these Terms
and Conditions and an intention to use the App. If you do not agree with the Terms
and Conditions please do not click “Continue”.
2.3 By downloading the App and opening a user Account with
Dukka, you agree to comply with and be bound by the Terms and Conditions governing
the operation of the Account and you affirm that the Terms and Conditions herein are
without prejudice to any other right that Dukka may have with respect to the Account
in law or otherwise.
2.4 These Terms and Conditions may be amended or varied by
Dukka from time to time and your continued use of the Services constitutes your
agreement to be bound by the updated or varied terms. Dukka will take all reasonable
measures to notify you of any changes.
2.5 From time to time, updates to the App may be issued.
Depending on the update, you may not be able to use the Services until you have
downloaded the latest version of the App and accepted any new terms and conditions.
2.6 By using the App or 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 partners’ 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 App.
3.1 In consideration of you agreeing to abide by the terms
of this Agreement, we grant you a non-transferable, non-exclusive licence to use the
App on your Equipment, subject to these Terms and Conditions. We reserve all other
rights. Except as expressly set out in this Agreement or as permitted by any local
law, you agree:
3.1.1 not to rent, lease, sub-license, loan, translate,
merge, adapt, vary or modify the App;
3.1.2 not to make alterations to, or modifications of, the
whole or any part of the App, or permit the App or any part of it to be combined
with, or become incorporated in, any other programs;
3.1.3 not to disassemble, decompile, reverse-engineer or
create derivative works based on the whole or any part of the App or attempt to do
any such thing except to the extent that such actions cannot be prohibited because
they are essential for the purpose of achieving inter-operability of the App with
another software program, and provided that:
3.1.3.1 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 App;
3.1.3.2 that you shall include our copyright notice on all
entire and partial copies you make of the App on any medium; and you undertake not
to provide or otherwise make available the App in whole or in part (including object
and source code), in any form to any person without prior written consent from us;
and
3.1.4 to comply with all technology control or export laws
and regulations in Nigeria that apply to the technology used or supported by the App
or any Service (the Technology).
4.1 You must:
4.1.1 not use the App 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 App, any Service or the
System;
4.1.2 not infringe our intellectual property rights or
those of any third party in relation to your use of the App or any Service (to the
extent that such use is not licensed by this Agreement);
4.1.3 not transmit any material that is defamatory,
offensive or otherwise objectionable in relation to your use of the App or any
Service;
4.1.4 not use the App or any Service in a way that could
damage, disable, overburden, impair or compromise our System or security or
interfere with other users; and
4.1.5 not collect or harvest any information or data from
any Service or our systems or attempt to decipher any transmissions to or from the
servers running any Service.
5.1 INTELLECTUAL PROPERTY RIGHTS
5.1.1 You acknowledge that all intellectual property
rights in the App and the Technology anywhere in the world belong to us or our
licensors, that rights in the App are licensed (not sold or assigned) to you in
accordance with this Agreement, and that you have no rights in, or to, the App 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 App
in source-code form.
5.2 USE OF THE SERVICES
5.2.1 The Services offered by Dukka can only be utilized
by persons over the age of 18 that are legally resident in Nigeria and have valid
DUKKA balances. To provide you with the Services, Dukka reserves the right to verify
any information provided to us in this regard.
5.2.2 The Services may be provided by ourselves or in
partnership with other service providers including Payment Service Providers. You
hereby acknowledge and accept that your use of the Services does not create any
contractual relationship between you and any other party provider.
5.2.3 Dukka reserves the right to provide any of the
Services to you to revoke the same at any stage at Dukka’s sole and absolute
discretion and without assigning any reason or giving any notice thereto.
6.1 To meet our Know Your Customer (“KYC”) and
Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all
the following:
6.1.1 your full name;
6.1.2 your date of birth;
6.1.3 your Bank Verification Number ("BVN");
6.1.4 your current residential address;
6.1.5 your picture;
6.1.6 copy of a valid Government issued ID (national ID,
international passport, permanent voter’s card or driver’s license);
6.1.7 copy of recent utility bill, bank statement,
affidavit, or another bill, dated within three months of our request, which carries
your name and residential address;
6.1.8 any other information or document as we may require
for our internal risk assessment.
6.2 You warrant that all information and documentation
provided to us are true, correct, and accurate. You also undertake to notify us of
any changes to the information or documentation which you have provided.
6.3 You hereby agree and authorise Dukka to verify
information provided by you against the information held by any third party
(including official databases) such as, banks, Payment System Providers or any other
information bank available to Dukka.
6.4 The information that Dukka may verify against the
information which you have provided to us include (without limitation): your name,
phone number, occupation, date of birth, address, age, Identification Number (“ID”)
or Passport Number and such other information that will enable Dukka to identify you
and comply with the regulatory “Know Your Customer” requirements (together the
“Personal Information”).
6.5 You hereby agree and authorise Dukka to collect and
verify information including, but not limited to, data relating to your phone
(including, without limitation, your phone’s history) from your Equipment, from any
SMS sent to you or by you, from any 3rd party applications, and such other
information as Dukka shall require for purposes of providing you the Services (the
“Relevant Information”).
6.6 You hereby consent to Dukka verifying the Personal
Information and the Relevant Information and using the Personal Information and the
Relevant Information to the extent necessary in Dukka’s opinion for the provision of
the Services.
6.7 You hereby agree and authorise Dukka to obtain and
procure your Personal Information and Relevant Information from relevant sources
(private and official databases) and you further agree and consent to the disclosure
and provision of such Personal Information by us or our Third Party Partners.
6.8 You agree to indemnify and hold Dukka and the Third
Party Partners harmless with respect to any claims, losses, liabilities and expenses
(including legal fees and expenses) that may arise as a result of the disclosure and
reliance on such Personal Information and/or Relevant Information.
6.9 You agree that your access to our Services may be
limited where we have not completed the required customer due diligence or
verification on your Account. Your transaction may also be subject to such limits as
may be applicable under our internal risk assessments or Nigerian law based on your
user category.
6.10 Dukka reserves the right to request for further
information from you pertaining to your use of the Services at any time. Failure to
provide such information within the time required by Dukka may result in Dukka
declining to accept your application for an Account or access to the Services.
7.1 You hereby irrevocably authorise Dukka to act on all
Requests received by Dukka from you (or purportedly from you) and to hold you liable
in respect thereof. Dukka may nevertheless refuse to carry out any Requests in its
sole and absolute discretion.
7.2 Dukka shall be entitled to accept and to act upon any
Request, even if that Request is otherwise for any reason incomplete or ambiguous
if, in its absolute discretion, Dukka believes that it can correct the incomplete or
ambiguous information in the Request without any reference to you being necessary.
7.3 Dukka shall be deemed to have acted properly and to
have fully performed all the obligations owed to you notwithstanding that the
Request may have been initiated, sent or otherwise communicated in error or
fraudulently, and you shall be bound by any Requests on which Dukka may act if Dukka
has in good faith acted in the belief that such instructions have been sent by you.
7.4 Dukka may, in its absolute discretion, decline to act
on or in accordance with the whole or any part of your Request pending receipt of
additional confirmation or information (whether written or otherwise) from you.
7.5 You agree to and shall release from and indemnify
Dukka against all claims, losses, damages, costs and expenses howsoever arising in
consequence of, or in any way related to Dukka having acted in accordance with the
whole or any part of any of your Requests (or failed to exercise) the discretion
conferred upon it.
7.6 You acknowledge that to the full extent permitted by
law, Dukka shall not be liable for any unauthorised 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,
username, passcode, PIN, tags, password, ID or any means whether or not occasioned
by your negligence.
7.7 Dukka is authorised to effect such orders in respect
of your Account as may be required by any court order or competent authority or
agency in Nigeria.
7.8 In the event of any conflict between any terms of any
Request received by Dukka from you and this Agreement, this Agreement shall prevail.
8.1 A statement and activity report in respect of your
Account will be made available on Request. Requests shall be made via our e-mail
address: help@Dukka.com or via a contact link on the App.
8.2 The statement on the App shall provide details of your
recent transactions in your Account initiated from your Equipment.
8.3 Your statement will show all transactions carried out
from your balance. You must check your statement carefully and notify Dukka as soon
as possible, and no later than 48 hours after receipt of your statement, if it
includes any transaction or other entry which appears to you to be wrong or not made
in accordance with your instructions.
8.5 Dukka, may without notice to you, rectify
discrepancies, add or alter the entries in your statement to reflect the accurate
position of your transactions.
8.6 Save for a manifest error, a statement issued to you
in respect of your Account shall be conclusive evidence of the transactions carried
out on your Dukka for the period covered in the statement.
9.1 All payments to be made by you in connection with
these Terms and Conditions or any Services provided to you by Dukka may be
calculated without regard to any taxes payable by you or in respect of the Services.
If any taxes are payable in connection with the payments, you must ensure that you
pay such taxes and that you pay to Dukka such additional amounts as will result in
Dukka receiving the full amount it would have received had no such taxes been
applicable to the payments.
9.2 You hereby consent and agree that Dukka may withhold
amounts in your balance if we are required to do so in accordance with the direction
of any tax authority, or Dukka is otherwise required by law or regulation or
pursuant to agreements with any tax authority to do so, or if Dukka needs to comply
with internal policies or with any applicable order or sanction of a tax authority.
You will, however, be notified if such deductions are made.
9.3 All payments to be made by you under this Agreement
shall be made in full without any set off or counter claim and save in so far as
required by the law to the contrary, free and clear of and without any deduction or
withholding whatsoever. If you are at any time required to make any deduction or
withholding from any payment to Dukka, you shall immediately pay to Dukka such
additional amounts as will result in Dukka receiving the full amount it would have
received had no such deduction or withholding been required.
10.1 You shall at your own expense provide and maintain
your Equipment in safe and good order for the purpose of accessing the System and
the Services.
10.2 You shall be responsible for ensuring the proper
performance of your Equipment. Dukka shall neither be responsible for any errors or
failures caused by any malfunction of your Equipment, nor shall Dukka be responsible
for any computer virus or related problems that may be associated with the use of
the System, the Services and the Equipment. You shall be responsible for charges due
to any service provider providing you with connection to the Network and Dukka shall
not be responsible for losses or delays caused by any such service provider.
10.3 You shall follow all instructions, procedures and
terms contained in this Agreement and any document provided by Dukka concerning the
use of the System and the Services
10.4 You hereby agree and acknowledge that you shall be
solely responsible for the safekeeping and proper use of your Equipment and for
keeping your Credentials secret and secure. You shall ensure that your Credentials
do not become known or come into possession of any unauthorised person. Dukka shall
not be liable for any disclosure of your Credentials to any third party and you
hereby agree to indemnify and hold Dukka harmless from any losses resulting from any
disclosure of your Credentials.
10.5 You shall take all reasonable precautions to prevent
and detect any unauthorised use of the System and the Services. To that end, you
shall ensure that all communications from Dukka are examined and checked by you or
on your behalf as soon as practicable after receipt by you in such a way that any
unauthorised use of and access to the System will be detected. You shall immediately
inform Dukka in the event that:
10.5.1 You have reason to believe that your Credentials
are or may be known to any person not authorised to know the same and/or have been
compromised; and/or
10.5.2 You have reason to believe that unauthorised use
of the Services has or may have occurred or could occur and a transaction may have
been fraudulently initiated or compromised.
10.6 You shall at all times follow the security
procedures communicated to you by Dukka from time to time or such other procedures
as may be applicable to the Services from time to time. You acknowledge that any
failure on your part to follow the recommended security procedures may result in a
breach of your Account’s privacy and security. You warrant that no one else shall
have access to or operate your Account apart from you.
10.7 You shall not at any time operate or use the
Services in any manner that may be prejudicial to Dukka.
11.1 Dukka may at any time, upon notice to you,
terminate or vary its business relationship with you and close your Account.
1.2 Without prejudice to Dukka’s rights under clause
11.1, Dukka may at its sole discretion suspend or close your Account:
11.2.1 if you use the Account for unauthorised purposes
or where Dukka detects any abuse/misuse, breach of content, fraud or attempted fraud
relating to your use of the Services;
11.2.3 if Dukka is required or requested to comply with
an order or instruction of or a recommendation from the government, court, regulator
or other competent authority;
11.2.4 if Dukka reasonably suspects or believes that you
are in breach of these Terms and Conditions (including non-payment of any Loan
amount due from you where applicable) which you fail to remedy (if remediable)
within 5 days after the service of notice by email, SMS or other electronic means
requiring you to do so;
11.2.5 where such a suspension or variation is necessary
as a consequence of technical problems or for reasons of safety; to facilitate
update or upgrade the contents or functionality of the Services from time to time;
or where your Account becomes inactive or dormant;
11.2.6 where the Services are being used for any illegal,
fraudulent or suspicious activity;
11.2.7 if Dukka 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
11.2.8 if you breach any of the Licence Restrictions or
the Acceptable Use Restrictions.
11.3 Such termination shall however not affect any
accrued rights and liabilities of either party.
11.4 Upon the suspension or closure of your Account,
Dukka may cancel any outstanding loan which it has granted and require the immediate
repayment of such outstanding loans.
11.5 If Dukka receives notice of your demise, Dukka will
not be obliged to allow any operation or withdrawal from your Account by any person
except upon production of administration letters from a competent authority or
confirmed grant of letters of administration or confirmed grant of probate by your
legal representatives duly appointed by a court of competent jurisdiction.
12.1 Dukka does not warrant that the use of the
Services will be uninterrupted or error-free, hence Dukka 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 Dukka’s control including, without limitation,
Force Majeure or error, interruption, delay or non- availability of the System or
Network, terrorist or any enemy action, loss of power, adverse weather or
atmospheric conditions, and failure of any public or private telecommunications
system.
12.2 You acknowledge that the App has not been developed
to meet your individual requirements, and that it is therefore your responsibility
to ensure that the facilities and functions of the App as described meet your
requirements.
12.3 We only provide the Services on the App for
domestic, private use, and small and medium business financing needs, and we have no
liability to you for any loss of profit, loss of business, business interruption, or
loss of business opportunity as a result of your use of the App or the Services.
12.4 Dukka will not be liable for any losses or damage
suffered by you as a result of or in connection with:
12.4.1 any defect or fault in the App or any Service
resulting from you having altered or modified the App;
12.4.2 any defect or fault in the App resulting from you
having used the App in breach of the terms of this Agreement;
12.4.3 your breach of any of the Licence Restrictions or
the Acceptable Use Restrictions;
12.4.4 unavailability of sufficient funds in your
Account;
12.4.5 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 investigations, lien, 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;
12.4.6 any fraudulent or illegal use of the Services, the
System and/or your Equipment; or
12.5 If for any reason other than a reason mentioned in
clauses 12.4.1 to 12.4.2, the Services are interfered with or unavailable, Dukka’s
sole liability under this Agreement in respect thereof shall be to re-establish the
Services as soon as reasonably practicable.
12.6 Save as provided in clause 12.5, Dukka shall not be
liable to you for any interference with or unavailability of the Services, howsoever
caused.
12.7 Under no circumstances shall Dukka 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
Dukka.
12.8 All warranties and obligations implied by law are
hereby excluded to the fullest extent permitted by law.
13.1 We may give you rewards and bonuses which may
include credits redeemable only on the App. These bonuses may be redeemed against
specific transactions as indicated on the App.
13.2 The rewards will be credited in your balance once
the qualifying transaction is completed or the conditions of issuance are satisfied.
13.3 These rewards may be withdrawn or cancelled if it
comes to our knowledge that the bonuses were awarded in error or on the basis of
fraud, collusion or false or inaccurate information or fictitious transaction.
14.1 14.1 You hereby indemnify Dukka (including its
directors, employees, partners, Third Party Partners, Agents, and affiliates) and
hold it harmless against any action, demand, claim, loss, charge, damage, expense,
or fees (actual or consequential) including attorney and accounting fees, which
Dukka may suffer or incur as a result of:
14.1.1 your access and use of the Services and App;
14.1.2 a breach of these Terms and Conditions;
14.1.3 your provision of incorrect, incomplete, wrong or
false information;
14.1.4 acting on your Requests; and/or
14.1.5 third party claims relating to your use of the
Services including but not limited to matters relating to infringement of copyright,
trademark, trade name or other intellectual property.
14.2 On no account will Dukka or any of the indemnified
persons above be liable for any demand, claim, loss or damage which you may sustain:
14.2.1 our acting in accordance with your Requests or
Requests purported to be from you;
14.2.2 from the malfunction or failure or unavailability
of any hardware, software, or equipment, the loss or destruction of any data, power
failures, corruption of storage media, natural phenomena, riots, acts of vandalism,
sabotage, terrorism, any other event beyond Dukka’s control, interruption or
distortion of communication links or arising from reliance on any person or any
incorrect, illegible, incomplete or inaccurate information or data contained in any
Request received by Dukka;
14.2.3 any unauthorised access to your Account or any
breach of security or any destruction or accessing of your data or any destruction
or theft of or damage to any of your Equipment;
14.2.4 or loss or damage occasioned by the failure or
unavailability of third party facilities or systems or the inability of a third
party to process a transaction;
14.2.6 any claims where the circumstance is within your
control.
15.1 To comply with relevant AML obligations, we may
request information on the transactions carried out on your Account such as (a)
details of the recipient (b) source of funds being transferred (c) purpose of the
transfer or payment being made. You confirm that you will provide all requested
information required in respect of the transaction in this regard.
15.2 You also agree that we may cancel any transaction,
suspend your Account or refuse to open an Account in your name if you refuse to
provide the requested information or if any information provided is untrue or
inaccurate.
15.3 Please note that for certain transactions, we or our
Third Party Partners may be required to file AML or related reports (without notice
to you) with the relevant regulators. These reports may include details of your
Personal Information, transactions, investment activity, operation or proposed
operation of the investment account or any of our Services.
16.1 If you wish to contact us, or if any condition in
these Terms and Conditions requires you to give notice to Dukka, you may send such
communication to us by e-mail to help@dukka.com or to such e-mail address that may
be communicated to you from time to time. We will confirm receipt of this by
contacting you in writing by e-mail.
16.2 If we have to contact you or give you notice in
writing, we may do so by posting such notice on our website; the App, by e-mail or
SMS to the mobile phone number or e-mail address you provided to us.
17.1 A partial exercise of any right, power or remedy
shall not preclude any further or other exercise of that, or any other, right, power
or remedy.
17.2. No failure by Dukka to exercise, and no delay in
exercising (including the right to enforce repayment of any outstanding amount on
the due date), any right or remedy in respect of any provision of this Agreement
shall operate as a waiver of such right or remedy.
17.3 If any provision or part of a provision of this
Agreement is found by any court of competent jurisdiction to be, invalid or
unenforceable, such invalidity or unenforceability shall not affect the other
provisions or parts of such provisions of this Agreement, all of which shall remain
in full force and effect.
17.4 Dukka reserves the right to transfer or assign its
rights and obligations under this Agreement (including its obligation to lend money
or the amount owed under this Agreement) to another person. We may notify You if
such transfer results in a change that may affect your Services. This Agreement and
any rights or liabilities accruing thereunder may not be assigned by you to any
other person.
17.5 The Parties shall comply with the requirements of
the Nigeria Data Protection Regulation, 2019 and other applicable laws in respect of
the processing of data by either Party for the performance of this Agreement.
18.1 These Terms and Conditions, our Privacy Policy as
well as such additional terms as may be made available to you on our App, constitute
the entire agreement between You and us supersede and extinguish all previous
agreements, promises, assurances, warranties, representations and understandings
between us, whether written or oral, relating to its subject matter.
18.2 You acknowledge that in entering into this
Agreement you have not relied 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 or on the App.
19.1 This Agreement shall be governed by and construed in
accordance with the laws of the Federal Republic of Nigeria and the Nigerian courts
shall have exclusive jurisdiction to determine any dispute arising from the
operation of this Agreement.
19.2 The Parties shall use their good faith efforts to
resolve any dispute, controversy or claim of any nature whatsoever arising out of or
in relation to or in connection with this Agreement.
20.1 We only use your personal information in accordance
with our Privacy Policy. Please take the time to read our Privacy Policy, as it
includes important terms which apply to you.
20.2 downloading the App and clicking the “Accept” or
“Continue” or any other button which signifies your acceptance of these Terms and
Conditions and an intention to use the App, you will be deemed to have accepted
Dukka’s Privacy Policy, a copy of which is available on the App.