This section covers the provision of loan products to You.

1. ELIGIBILITY

1.1 You may apply for a loan on the Dukka website/App after you have accepted these Terms and Conditions and the Privacy Policy. You hereby consent to us using information provided to us, from your Equipment or other databanks for the purpose of underwriting your loan application.

2. YOUR LOAN APPLICATION

2.1 An application for the loan will be made on the App and upon a successful consideration of your loan application, the loan amount may be disbursed into your DUKKA balance or bank account balance

2.2 If your loan application is unsuccessful, you will be notified on the App and the reasons for the refusal may be provided to you on the App. You will also be informed if you are eligible to reapply for a loan. Please note that your loan application will be unsuccessful if you have defaulted on any past Loan.

2.3 Dukka reserves the right (in its sole and absolute discretion) to approve or decline to approve a Loan even if you have previously been issued with a Loan on the App. We reserve the right to vary the terms of any Loan depending on our assessment of the credit profile of each borrower from time to time. Notice of any changes to the terms of any existing loan will be communicated to you.

2.4 CONDITIONS FOR DISBURSEMENT OF LOAN:

Disbursement of the Loan is subject to our receiving all the documents and other evidence listed below in form and substance satisfactory to us by a date no later than 5 (five) Business Days prior to the relevant disbursement date:

a. A completed online application made via the Dukka website or app;

b. A copy of your means of identification (and all such amendments thereto that are effective as at the date hereof);

c. A duly filled guarantors form

d. Verification of all information provided by you and your guarantor

e. Any other relevant document as may be required by Dukka.

2.5 The details of your loan –principal amount, interest payable, repayment days, transaction fees, default etc will be made available to you on the website,App/or via any other acceptable means of notification; for every successful loan application.

3. CREDIT REFERENCE BUREAUS

3.1 In assessing your loan application, we may request your Personal Information, credit profile and credit related transactions from Credit Reference Bureaus in order to assess your creditworthiness and to assign you a credit score. You confirm that we may obtain such information from the bureaus and consent to the disclosure and provision of such Personal Information to the bureaus.

3.2 As part of our regulatory obligations, we may share information about your loan transactions (including non con-compliance with the terms and conditions of this Agreement and defaults on any Loan) on the App with Credit Reference Bureaus and regulators.

4. YOUR RIGHTS AND OBLIGATIONS AS A BORROWER

4.1 As a borrower, You

4.1.1 undertake to repay all amounts including principal, interest including (default interest where applicable), fees, taxes, or any other amount that may be due to us on the dates agreed using the repayment channels made available on the App;

4.1.2 shall be held responsible for the repayment of any Loan disbursed to you on the App;

4.1.3 ensure that your card, Wallet or DUKKA balances are pre funded on or before the repayment dates. You hereby authorise us to charge any other card or accounts listed against your name on the App after unsuccessful attempts on any of your account/cards/balance. You shall also indemnify us for any charges or fees due in respect of failed or unsuccessful direct debits on your DUKKA balances or cards.

4.1.4 shall not use the proceeds of the Loan for any illegal or criminal activity including but not limited to money laundering or financing of terrorism.

4.1.5 provide all necessary assistance that we may require for the collection or realisation of any outstanding amounts due from You to us.

5. INTEREST AND FEES

5.1 Any interest and where applicable, Transaction Fees, due on your Loan shall be displayed on the App. We may from time to time amend or vary the interest or Transaction Fees and unless otherwise stated, such changes will not be backdated. We will use reasonable endeavours to notify You of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App or on our website.

5.2 If you fail to make any payments due to Dukka at the due date for payment, Dukka may apply default interest or penalties on such outstanding amounts at a rate to be communicated to You.

6. DEFAULT ON LOAN

6.1 An event of default (Event of Default) occurs when:

6.1.1 You fail to pay any sum payable under a Loan in accordance with a scheduled repayment;

6.1.2 any representation/information, warranty or assurance made or given by You in connection with the application for a Loan or any information or documentation supplied by you is incorrect, inaccurate or misleading;

6.1.3 You do anything which may prejudice Dukka’s rights under this Agreement;

6.1.4 you use or attempt to use the App or the Services for an unauthorised purpose;

6.1.5 You are declared bankrupt, insolvent or unable to pay his debts as they fall due under the laws of the Federal Republic of Nigeria; or

6.1.6 you are in breach of any of the terms and conditions of this Agreement;

6.2 At any time after an Event of Default has occurred, Dukka may, without prejudice to any other right or remedy granted to it under any law:

6.2.1 terminate this Agreement;

6.2.2 declare that the Loan (and all accrued interest and all other amounts outstanding) under this Agreement is immediately due and payable, whereupon they shall become immediately due and payable;

6.2.3 enforce its rights to recover the Loan by exercising all such rights available to a lender under Nigerian law including but not limited to the set off rights in clause 26.4 and 27 below, the right to assign the Loan to collection agencies etc; and

6.2.4 supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.

6.2.5 Dukka reserves the right to assign its right, title and interest in the Loan and rights under the Agreement to an external collections agency who will take all reasonable steps to collect the outstanding Loan (together with any interest and fees accrued), and in this regard, Dukka shall have the right to share with such collection agencies, any information about You (including transaction history, Personal Information, relevant information) which it deems relevant.

6.2.6 Dukka also reserves the right to institute legal proceedings for the recovery of the Loan against you without any prior notice.

6.2.7 You shall be responsible for all legal costs and expenses incurred by Dukka in connection with any enforcement action taken by Dukka or the collection agency for the collection and repayment of the Loan (together with any interest or fees due on the Loan).

6.3 In the event that an Event of Default occurs, You grant Dukka the right to notify recovery or collection agencies who may assist with the recovery of the outstanding Loan amount from you and your guarantors. You agree and consent to such notification.

6.4 Where any Loan or any amount is due and outstanding following the due date, You authorise us (without notice to you) to set off any amounts outstanding in your DUKKA balance, bank account, Wallets or Investment Account, including all interests earned to repay the outstanding loan amount without any prior notice to you.

7. SET OFF

7.1 By signing this Agreement and by drawing on the Loan, You covenant to repay the loan as and when due. In the event that You fail to repay the loan as agreed, and the loan becomes delinquent, Dukka shall have the right to report the delinquent loan to the CBN through the Credit Risk management System (CRMS) or by any other means and request the CBN to exercise its regulatory power to direct all banks and other financial institutions under its regulatory purview to set-off your indebtedness from any money standing to your credit in any bank account balance and from any other financial assets they may be holding for your benefit.

7.2 You covenant and warrant that Dukka shall have power to set-off your indebtedness from all such monies and funds standing to your credit/benefit in any and all such accounts or from any other financial assets belonging to you and in the custody of any such bank or financial institution.

7.3 You hereby waive any right of confidentiality whether arising under common law or statue or in any other manner whatsoever and irrevocably agree that you shall not argue to the contrary before any court of law, tribunal, administrative authority or any other body acting in any judicial or quasi-judicial capacity.

8. CONFIDENTIAL INFORMATION

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

9. TERMINATION

You may terminate this Agreement by paying back your loan and interests.

We may suspend your access to Dukka services and any funds, or terminate this Agreement, if;

you do not comply with any of the provisions of this Agreement; we are required to do so by a Law; we are directed by a Card Network or issuing financial institution; or where a suspicious or fraudulent transaction occurs.

Restricted Activities & Acceptable Use Policy

You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Dukka, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read on our Acceptable Use Policy page.

10. PRIVACY POLICY

Dukka is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

11. DISCLAIMER

WE TRY TO KEEP DUKKA AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dukka MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM Dukka, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "Dukka PARTIES") SHALL CREATE ANY WARRANTY

12. LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF THE DUKKA PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$20,000.00), WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH Dukka’S WEBSITE, PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF DUKKA’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

13. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Dukka Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Dukka’s Party's liability shall be the minimum permitted under such applicable law.

14. INDEMNITY

You agree to defend, indemnify, and hold Dukka, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.

15. UPDATES, MODIFICATIONS & AMENDMENTS

We may need to update, modify or amend our Terms of Service as our technology evolves. We reserve the right to make changes to this Terms of Service at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this Terms of Service, you must cease using our website and/or services immediately.

16. APPLICABLE LAWS

These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

17. LEGAL DISPUTES

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.

18. SEVERABILITY

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

19. MISCELLANEOUS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.