TERMS AND CONDITIONS OF MYSTASH

BY USING THE MYSTASH APPLICATION, YOU WILL BE TAKEN TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT PROCEED AND EXIT THE APPLICATION IMMEDIATELY. PLEASE BE INFORMED THAT WE CAN TERMINATE YOUR RELATIONSHIP WITH US IF WE BELIEVE THAT YOU HAVE VIOLATED ANY OF THESE TERMS.

These term and condition of use (these 'terms and Conditions') represents an Agreement between you and Mystash Technologies Limited (Mystash) an entity duly incorporated under the laws of the Federal Republic of Nigeria. These Terms and Conditions govern your use of our Mystash web application (the App); the related online documentation, such as our help guides and user manuals (User Guides); and the services, including the Mystash Account, and content provided to you through the App (Services)

These Terms and Conditions (together with our Privacy Policy) shall be applicable to the Account (as hereinafter defined) opened by you with Mystash and any amendments or variations thereto take effect on their date of publication.

ELIGIBILITY.

  • To be eligible to use our services you must; (a) be a legal Citizen of Nigeria or a legal Resident of Nigeria and reside in Nigeria. (b) must be at least 18 years of age or 21 where you reside in a state where the majority age is 21 (c) Have a bank Account with a licensed Nigerian Bank (d) Provide all information required to open an account with us, including but not limited to; your full name, email address, bank account details, mobile number and such other information that may be required from time to time (user information). You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your Mystash Account on the Website and notifying of immediately of any changes in your bank account by mailing us at hi@mystash.ng

OPENING MYSTASH ACCOUNT

To successfully open an account with us, you must register for a mystash Account via the App, available at www.mystash.ng provide your email address, phone number; and Such other information and documentation that we may require from time to time. By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the licensed financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you.

You understand that in order to open a Mystash Account you are required to link your bank account with your Mystash account by logging into your bank account on our app to grant us access through our third party service provider to your financial records, WE DO NOT STORE OR SAVE YOUR BANK LOGIN INFORMATION. For purposes of such access and authorization, you hereby grant Mystash and our third-party service providers a limited power of attorney, and you hereby appoint Mystash and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MYSTASH OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, MYSTASH AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between mystash and our third-party service providers, mystash owns your confidential User Information.

We may suspend access to your Mystash Account, and your use of the App and Services, if it comes to our attention that any of your Account Information is false, misleading or inaccurate.

NOTE that your Mystash Account is ONLY for your own personal use. You must not use your Mystash Account for commercial purposes, or on behalf of for the benefit of a third party. We will suspend or close your Mystash Account if you do not comply with this paragraph.

You agree not to authorize any other person or entity to use your user name and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Mystash Account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at hi@mystash.ng

OPERATING MYSTASH ACCOUNT.

Mystash is an application setup to help you save money easily and conveniently. When you opt for Cash Reserve, you invariably authorise the payment of a specific amount to be made automatically from your Linked Account to your Mystash Account daily, weekly or monthly. Once set, you can change the frequency of the payments for your Cash Reserve. You however cannot change the details of your linked card, if you need to change the details of a Linked Card you must contact us by email at hi@mystash.ng. Any request made to stop autosave made less than 24 hours prior to the next scheduled payment may take effect after the next scheduled payment is made, and we will not be responsible for any inconvenience or loss caused as a result. You must then re-create the Cash Reserve and link the new debit card and bank account to it. If a Linked Card expires, you must re-create your Cash Reserve, and link your new debit card.

When you opt for the Money Move option you authorize the payment of a percentage of all debits made from your linked bank account into your Mystash account, say you authorize 10% of debits from your linked bank account and you make a purchase worth #10,000 (Ten Thousand Naira) on your linked bank account you are automatically debited #1000 (One Thousand Naira) which is 10% and same is saved into your Mystash account.

Please note that You are solely responsible for determining whether the funds debited from your debit card and the funds maintained in your Mystash Account are acceptable to you. We will not be responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account.

MYSTASH FUNDS

The funds in your Mystash Account are pooled with those of other Mystash account holders and are held in a trust with ARM investment managers a licensed Funds Manager licensed by the Securities and Exchange Commission.

We declare that we hold the Pooled Funds on trust for each Mystash Account holder to the extent of each holder's respective Credit Balance in their Mystash Account. We will deal with your balance only in accordance with your instructions and these Terms. We may invest a portion or all of the Funds in government securities or transfer them to high-yield savings accounts.

In return for our services, we are entitled to retain any interest accruing on the Funds after payment of any interest that may be due and payable to you.

WITHDRAWAL OF FUNDS

You may request a withdrawal only when your saving is a minimum of #3,000 (Three Thousand Naira Only), You may request a withdrawal of any amount of your Funds to your linked account at any time through the App free of charge, however when withdrawals are made outside of maturity date or lock period, such withdrawals will be charged at 1% of the withdrawn sum. Within a period of 24 hours, we will pay the requested amount to your Linked Account.

It is important to know the amount of available funds in your Mystash Account before requesting a withdrawal to your Bank Account. If you do not have sufficient funds available in your Mystash Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your Mystash Account to your linked Bank Account without notice to you upon the closure of your Mystash Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.

Please note that we do not make disbursements to third parties.

COMMUNICATIONS BETWEEN US

If you wish to contact us, or if any condition in these Terms and Conditions requires you to give notice to Mystash, you may send such communication to us by e-mail to hi@mystash.ng 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.

In order to use our Services, you must provide and verify your mobile device number. Third-party data and message fees may apply. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address

When you use Mystash Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. 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.

CLOSING YOUR MYSTASH ACCOUNT

You may decide to close your, Mystash Account, and cancel these Terms and Conditions at any time by sending a termination notice to us at hi@mystash.ng and following any further instructions as provided by us. if there are pending transactions on your Mystash Account prior to us receiving your termination notice, we will close your Mystash Account immediately after such transactions are completed. Once your Mystash Account is closed, we will transfer the balance funds in your Mystash Account, if any, to your linked Bank Account within five minutes.

Note that your termination of these Terms and Conditions will not affect any of our rights or your obligations arising under these Terms and Conditions prior to termination.

DORMANT MYSTASH ACCOUNT

If there is no activity on your Mystash Account in terms of credits and/or withdrawals for a period of 12 months your Mystash Account will be treated as dormant. We would thereafter reach out to you via one or more of the following means; email, telephone or locate you via the address on our record to claim the balance funds in your Mystash account. If after 30 days after we have reached out to you about the Dormant status of your Mystash account we still do not hear from you and there are no funds in your Mystash Account we may on our own close same.

If you have funds in your Mystash Account and we do not hear from your after informing you of the Dormant status of your Mystash Account for a specific period of time, applicable laws may require us to treat the funds in your Mystash Account as unclaimed property and deliver same to the applicable state as unclaimed property (the specified period ranges from two to five years).

RESTRICTIONS

By agreeing to these Terms and Conditions, you agree not to

  • circumvent, disable, or otherwise interfere with security-related features of Mystash or features that prevent or restrict use or copying of any content or User information,
  • not use the App, your Mystash Account or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
  • act fraudulently or maliciously, including but not limited to, hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App, your Mystash Account or any Service (to the extent that such use is not licensed by these Terms and Conditions);
  • collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running the App or any Service.
  • Any other thing that may expressly or impliedly impede the intent of the App and/or Terms and Conditions

LIMITATION OF LIABILITY

IN NO EVENT SHALL MYSTASH OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MYSTASH, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH COWRYWISE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MYSTASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL MYSTASH,S CUMULATIVE LIABILITY TO YOU EXCEED NGN10,000.

WAIVER OF LIABILITY.

Your use of Mystash's website, and the personal information you provide is at your sole discretion. Mystash's website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Mystash.

MYSTASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO MYSTASH'S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. MYSTASH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED; REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF MYSTASH'S WEBSITE, CONTENT AND/OR USER INFORMATION; THAT MYSTASH'S WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; THAT MYSTASH'S WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY MYSTASH ON ITS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.

No advice or information, whether oral or written, obtained by you from Mystash's website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

INDEMNITY

You hereby agree to indemnify Mystash (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 Mystash may suffer or incur as a result of; your access and use of the Services and App, a breach of these Terms and Conditions, your provision of incorrect, incomplete, wrong or false information., acting on your Requests, 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 and other like matters. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the User Guides and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not transferred) to you. You have no intellectual property rights in, or to, the App, the User Guides or the Services other than the right to use them in accordance with these Terms and Conditions.

FEEDBACK

We welcome and encourage your feedback. You may submit feedback by emailing us at hi@mystash.ng You agree, however, that (i) by submitting unsolicited ideas to Mystash or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Mystash. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Mystash together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.

GENERAL TERMS

We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights. Please note that you may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

No person except you and us may enforce any provision of these Terms and Conditions.

Each paragraph of these Terms and Conditions operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms and Conditions either you or us may refer the complaint to the Lagos Multi- Door Courthouse (LMDC) for mediation which will be conducted in line with the LMDC Mediation Procedure Rules. The decision of the LMDC shall be binding on the parties WITHOUT recourse to a court of law to the extent permissible by the law.

"we" and "us" in this section means Mystash and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, "we" and "us" may include any third party providing any product, service, or benefit in connection with the Services or these Terms and Conditions.

Any claims brought by you or us must be brought in the party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; the arbitrator may not consolidate more than one person's claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.

PRIVACY POLICY

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.

APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

UPDATE TO THE APP AND CHANGE OF SERVICES

We may alter these Terms and Conditions at any time. We would notify you of any change by sending you an email with details of the change or notifying you of a change when you next start the App. By using the App after we have notified changes to you, you will be taken to have accepted the changes. If you do not accept the changes, and you are advised to discontinue use of the app if our altered terms and Conditions are not acceptable to you.

CONTACT US

If you have questions about these Terms and Conditions or our services or about Mystash app or content thereon, please contact Mystash at hi@mystash.ng or

Landmark village, Adeniyi Jones, Oniru, Lagos.

myStash Technologies is a fully registered and regulated cooperative savings platform. We do not offer investment services but work strictly with secured fund managers to provide interest for our customers.

myStash 2022 Technologies Limited - RC 1773105