End User Agreement
(1). End User License Agreement (EULA)
This End User License Agreement (EULA or Agreement) is a legal agreement between You (Licensee or you) and Asset Matrix Microfinance Bank Limited (Cash Matrix, the Licensor or We). This Agreement governs your use of the CashMatrix mobile banking application on all platforms such as web and mobile, including all related technology provided by Cash Matrix (the Mobile Application).
(2). Grant And Scope Of License
In consideration of you agreeing to abide by the terms of this Agreement, the Licensor hereby grants you a non-exclusive, non-transferable license to download, install and use the Mobile Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you, strictly in accordance with the Mobile Application’s documentation; and access, download and use on such technology device, the Content and Services (as defined in Clause 6) made available in or otherwise accessible through the Mobile Application, strictly in accordance with this Agreement and the Terms and Conditions applicable to such Content and Services
(3). License Restrictions
The Licensee shall not:
(4). Intellectual Property Rights
You acknowledge that all intellectual property rights in the Mobile Application belong to the Licensor, that rights in the Mobile Application are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Mobile Application other than the right to use the Mobile Application in accordance with the terms of this Agreement.
You acknowledge that you have no right to have access to the Mobile Application in source code form other than as expressly provided in this Agreement.
Cash Matrix and its 3rd party service providers reserve and shall retain their entire right, title, and interest in and to the Mobile Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
(5). Collection And Use Of Your Information
You acknowledge that when you download, install, or use the Mobile Application, We may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Mobile Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile Application or certain of its features or functionality.
(6). Content And Services
The Mobile Application may provide you with access to products and services accessible thereon, including
(i) Airtime & Data Topup;
(iii) fixed deposit;
(iv) bill payment;
(vi) savings accounts; on Cash Matrix’s website located at www.cashmatrix.ng (the Website),and certain features, functionality, and content accessible on or through the Mobile Application which may be hosted on the Website (collectively, “Content and Services“).
7. Geographic Restrictions
The Content and Services are based in Nigeria and provided for access and use only by persons located in Nigeria. You acknowledge that you may not be able to access all or some of the Content and Services outside of Nigeria and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside Nigeria, you are responsible for compliance with local laws. The Licensor will not be liable for your access and use of the Contents and Services outside Nigeria
Cash Matrix may from time to time in its sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Cash Matrix has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on the settings of your technology device, when your device is connected to the internet either:
(9). Third-Party Materials
The Mobile Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“).
You acknowledged and agree that Cash Matrix is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Cash Matrix does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
(10). No Guarantees
This Mobile Application is provided “as is” with no representation, guarantee or agreement of any kind as to its functionality. We cannot guarantee that access to the Mobile Application will be uninterrupted or that there will be no delays or failures. We cannot also guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your technology device..
You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties. We are not responsible if you incur any loss as a result of any of the matters set out in this Clause10..
We are not responsible for any third-party software that may be used in connection with the Mobile Application.
(11). Disclaimer Of Warranties
THE MOBILE APPLICATION IS PROVIDED TO END USERS “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Cash Matrix, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MOBILE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING.
Cash Matrix PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(12). Limitation Of Liability
To the fullest extent permitted by applicable law, in no event will Cash Matrixor its affiliates, or any of its or their respective third party service providers, have any liability arising from or related to your use of or inability to use the application or the Content and Services for:
personal injury, property damage or loss, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages. direct damages in amounts that in the aggregate exceed the amount actually paid by you for the Mobile Application.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable, or the Licensor was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
(13). Personal Data Protection Principles
Personal data is all information that directly or indirectly may refer to the Mobile Application user which he/she has provided in the course of this Agreement or use of the Mobile Application. Such includes:
(14). Severability & Governing Law
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the laws of the Federal Republic of Nigeria without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the Mobile Application shall be instituted exclusively in the Nigerian Courts within the applicable jurisdiction.
(15). Entire Agreement & Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
You agree to indemnify, defend, and hold harmless Asset Matrix MFB Limited and its officers, representatives, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Mobile Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Mobile Application.