SupplySmart DIGITAL TECHNOLOGY LIMITED DIGITAL PRODUCT ACCESS AGREEMENT

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.SupplySmart.co digital products which are the digital products of SupplySmart Nigeria Limited (a company duly registered in Nigeria).  

SupplySmart digital products are Fintech products and channels carefully developed to unlock access to financial services for the unbanked and underbanked.SupplySmart is not a lender or a financial institution but it provides a bridge between lenders and borrowers. Your access to and use of the digital products is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all who access and use these digital products.

If you do not wish to be bound by this Agreement, do not access any of the SupplySmart digital products or channels.

1. Acceptance

By accessing and using this digital product, you accept and agree that you shall be bound by this Terms and Conditions Agreement. By submitting your personal/financial details and data, you agree to comply with this Terms and Conditions Agreement. In the event that you fail to comply with these Terms and Conditions for any reason whatsoever, you agree that your access to and use of the digital product will be restricted or you will no longer have any access to the digital product. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE TO ACCESS OR USE THE SupplySmart digital product.

2. Access to SupplySmart digital product

You agree that you are responsible for providing all hardware, software, telephone, mobile and/or other communications equipment and/or service to connect to the internet and access the SupplySmart digital product and are responsible for all internet access charges, telephone charges and other fees or charges incurred in connecting to the internet and accessing SupplySmart digital product.

3. User Conduct

You agree to access and use the SupplySmart digital product for lawful purposes only. You are entirely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations relating to (a) your use of SupplySmart digital product (including any interactive area), (b) the use of any networks or other services connected to SupplySmart digital product and (c) the communication means by which you connect your computer, mobile phone, modem or other equipment to the SupplySmart digital product. By accessing the SupplySmart digital product, you agree that you will not:

1.  Post or transmit any information, software or other material that contains a virus or other harmful component;
2. Wilfully provide or give any information (personal or financial) about yourself which you know to be untrue, false, wrong, misleading, inaccurate or incomplete which will prevent, preclude or hinder SupplySmart from giving an accurate, true or detailed information to the Lender/third party or in generating an accurate credit rating.
3. Restrict or inhibit any other user from using and enjoying any interactive features.
4. Wilfully post or give the information (personal or financial) of someone else as your own with the aim of securing a loan from the Lender/third party or acquiring better credit rating where you are fully aware that you have been blacklisted by lenders or that your credit rating is poor.
5. Restrict or inhibit any other user from using and enjoying any interactive features on the SupplySmart digital product.
6. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, vulgar, obscene, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
7. Post or transmit any information, software or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or rightsholder.
8. Alter, damage or delete any content or other communication that is not your own content or to otherwise interfere with the ability of others to access the SupplySmart digital product.
9. Disrupt the normal flow of communication in any interactive forum of the digital product.
10.  Claim a relationship with or speak for any business, association, institution, or other organization for which you are not authorised to claim such a relationship.
11. Violate any operating rule, policy or guideline of internet access provider or online service.

4. Eligibility Criteria

You agree and accept that in accessing and using the SupplySmart digital product you will have the following to enable you provide your personal/financial information to SupplySmart: an active and functional email address, an active phone number, a valid/verifiable address within Nigeria, an active bank account with a valid BVN and the current approved CBN cheque book for the bank you ordinarily use.

You also agree and accept that the respective Lender/third party have and reserve the right to set their own eligibility criteria with which they will assess and select their customers and that SupplySmart has no control over that criteria. SupplySmart does not guarantee that you will be granted a loan by any Lender/third party as the Lender/third party reserves the right to select their customers.

5. Selection Process

You agree and understand that once you provide and submit your information (whether personal or financial) via the SupplySmart digital product, the process for selection of whom to grant access to a loan/credit facility is not the responsibility of SupplySmart and it is the sole responsibility of the Lender/third party and at their absolute discretion. SupplySmart’s responsibility is to provide a platform through which the Lender/third party can have access to prequalified customers.

6.  SupplySmart digital product Content.

1. You acknowledge that content on the digital product is generally provided by SupplySmart, individual contributors of content, third party licensees and/or other users. You acknowledge that SupplySmart digital product permits access to content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights, and that these intellectual property rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of content/information shall be governed by applicable copyright and other intellectual property laws. You acknowledge that SupplySmart owns a copyright in the appearance of the digital product (the look and feel) which includes the selection, coordination, arrangement and presentation of content or information on the digital product.
2.     You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the content or information (in whole or in part) provided that you may however: (i) make a reasonable number of digital or other form of copies to permit your computer hardware/software or mobile device to access and view the content, (ii) print one copy of each piece of content or information, (iii) make and distribute a reasonable number of copies of content or information in whole or in part, in hard copy or electronic format for personal use only. Any permitted copies of content must reproduce in an unmodified form any notices contained in the content or information, such as all intellectual property right notices and an original source attribution to “the SupplySmart Digital Technology Ltd” and its URL address. You acknowledge that the SupplySmart digital product, its contributors, and/or affiliates remain the owners of the content or information and that you do not acquire any intellectual property rights by downloading or printing content.

7. Information Provided by the User

You agree and accept that any information (whether personal or financial) which you provide to SupplySmart via its digital product will be accurate, true, current, complete and verifiable. SupplySmart will use the information you provide to generate your portfolio and a credit rating. You agree and accept that the information you provide to SupplySmart may be shared with relevant third parties (prospective Lenders) who will use such information to determine whether you are an eligible customer or not.  

8. Restrictions on Use

You may use the SupplySmart digital product to provide your details (whether personal or financial) to enable you secure a loan from Lenders/third parties. As a condition for your use of the SupplySmart digital product, you warrant to SupplySmart that you will not use the digital product for any purpose that is unlawful or prohibited by these Terms and Conditions. You warrant to SupplySmart that you will not serve or act as a registration agent to anyone to register them for a fee to be paid to you as SupplySmart has no registration agents. You may not modify, copy, distribute, display, send, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information, content, software, products or services obtained from or otherwise connected to the digital product.

9. Waiver

By using the SupplySmart digital product you understand and agree that the Lender or third party to whom your information may be shared with has the sole responsibility of determining those who are eligible to receive a loan/credit facility by using their own the selection criteria. You agree not to hold SupplySmart liable if you fail to meet the selection criteria or pass any of the selection process of the Lender or third party. You also agree not to take any legal action whether by litigation or any other means where you fail to meet the criteria or are not selected by the Lender or third party for a loan/credit facility. SupplySmart will ensure that the information you provide is used accurately to assess your credit rating before it is shared with the Lender or third party.

10. Proprietary Information

The material and content accessible from the SupplySmart digital product or any other digital product owned, operated, licensed or controlled by SupplySmart is the proprietary information of SupplySmart Digital Technology Ltd or the party that provided or licensed the content to SupplySmart, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed republished, uploaded, posted or transmitted in any way without the prior written consent of SupplySmart. In doing so, you may not remove or alter, or cause to be removed or altered any copyright, trademark, service mark or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms and Conditions violates SupplySmart’s intellectual property, image and privacy rights. Neither title nor intellectual property rights are transferred to you by access to the SupplySmart digital product.

11. Intellectual Property

The site and all its original content are the sole property of SupplySmart and are, as such, fully protected by the appropriate copyright and other intellectual property rights laws of the Federal Republic of Nigeria.

12.  Links to Other digital product

SupplySmart service may contain links to third-party web sites or services that are not owned or controlled by it. SupplySmart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party digital products or services. You further acknowledge and agree that SupplySmart will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such digital products or services.

You also understand that except for content, products or services expressly available at the SupplySmart digital product, neither SupplySmart, its affiliates, directors, officers, employees or agents controls, provides or is responsible for any content, goods, services or information available through sites on the internet linked to or from SupplySmart digital product. All such content, goods, services and information are made available on the internet by independent third parties and are not part of SupplySmart digital product or controlled by SupplySmart. SupplySmart neither endorses or is responsible for the accuracy, completeness, usefulness, quality or availability of any content, goods, services or information available on any site linked to or from the SupplySmart digital product, which are the sole responsibility of such independent third parties, and your use thereof is entirely at your own risk. Neither SupplySmart, its affiliates, directors, officers, employees or agents shall be held responsible or liable directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods, services or information available on any site linked to or from the SupplySmart digital product or your inability to access the internet or any site linked to or from the SupplySmart digital product.

13. Disclaimer

1. YOU UNDERSTAND THAT SupplySmart CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUS, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS digital product FOR THE RECONSTRUCTION OF ANY LOST DATA. SupplySmart DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
2. YOUR USE OF THIS digital product IN PROVIDING YOUR INFORMATION (WHETHER PERSONAL OR FINANCIAL) IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SupplySmart DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
3. SupplySmart DOES NOT WARRANT THAT SUBMISSION OF YOUR PERSONAL INFORMATION ON THE digital product/MOBILE APP/USSD FOR PURPOSE OF GETTING ACCESS TO A LOAN OR CREDIT FACILITY BY A LENDER OR THIRD PARTY WILL BE SUCCESSFUL OR THAT YOU WILL BE SELECTED BY THE LENDER OR THIRD PARTY.
4. SupplySmart DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE digital product WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS digital product OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. SupplySmart DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SupplySmart MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
6. YOU, AND NOT SupplySmart, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING/REPAIR OF HARDWARE OR CORRECTION OF INACCURATE DATA PROVIDED BY YOU IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS digital product OR ITS CONTENT.
7. SupplySmart MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
8. ALL OF THE INFORMATION ON THE digital product, WHETHER HISTORICAL IN NATURE OR FORWARD- LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE digital product AND SupplySmart DOES NOT UNDERTAKE ANY OBLIGATIONS TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE digital product IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.

14. Indemnity.

1. You will indemnify and hold SupplySmart, its affiliates, licensors, content providers, service providers, directors, officers, employees and contractors (the Indemnified Parties) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorised in these Terms and Conditions.
2. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith.
3. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the digital product or information accessed from it.

15. Limitation on Liability

Under no circumstance shall SupplySmart, its affiliates, licensors, service providers, content providers, directors, officers and employees be liable for any direct or incidental, indirect, punitive, actual, consequential, special, exemplary or other damages including loss of revenue or income, pain and suffering, emotional distress or similar damages arising from this Agreement, the SupplySmart digital product, whether for breach of contract, tortuous behaviour, negligence, or any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interface, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorised access to or theft, destruction, alteration or use of records.

Under no circumstances will SupplySmart, its affiliates or their respective directors, officers, employees, agents, contractors or licensors be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the SupplySmart digital product or the content contained within any digital product linked to or from the SupplySmart digital product. The content within the SupplySmart digital product and the content within the digital products linked to or from the SupplySmart digital product may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein and these changes will be updated in the new version of the SupplySmart digital product and included in this section of the Agreement. SupplySmart and its contributors may make improvements and/or changes in the content at any time and from time to time.

Under no circumstances will SupplySmart be liable for failure to gain access to a loan/credit facility from any lender or third party featured on its digital product. The lender or third party reserves the right to set and determine the eligibility criteria required for access to a loan/credit facility.

You specifically acknowledge and agree that SupplySmart is not liable for any defamatory, offensive, fraudulent or otherwise illegal conduct of any user. If you are dissatisfied with any SupplySmart digital product content or with these Terms and Conditions Agreement in whole or in part, your sole and exclusive remedy is to discontinue using the SupplySmart digital product.

16. Representations and Warranties

1. By accessing and using the SupplySmart digital product, you represent and warrant that you have the authority to provide your personal information, that it is true, accurate, current and complete, and that you hereby authorise use of all or any part of such information for the purpose stated in these Terms and Conditions.

  2. SupplySmart and its affiliates are not responsible for lost, interrupted, or unavailable network, server, or other connections; miscommunication; failed phone or computer hardware, software, telephone transmissions, or technical failures; garbled or jumbled transmissions or other errors of any kind, whether human, mechanical, or electronic, including without limitation the incorrect or inaccurate capture of your data via the digital product; or for lost, late, incomplete, damaged, destroyed, delayed, stolen, misdirected, or illegible entry.

  3. You warrant that you have not entered any agreements (including but not limited to agreements with employers) that would prohibit you from using the SupplySmart digital product.

17. Trademarks

Trademarks, service marks, and logos appearing in this digital product are the property of SupplySmart or the party that provided the trademark, service marks and logos to SupplySmart. SupplySmart and any party that provided trademarks, service marks and logos for use on the SupplySmart digital product retain all rights with respect to any of their respective trademarks, service marks and logos appearing in this digital product. 

18. Security
 

1. You are prohibited from using any services or facilities provided in connection with SupplySmart digital product to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited.
2. If you become involved in any violation of system security, SupplySmart reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SupplySmart reserves the right to investigate suspected violations of these Terms and Conditions.
3. SupplySmart also reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS AND CONDITIONS AGREEMENT YOU WAIVE AND HOLD HARMLESS SupplySmart FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SupplySmart DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SupplySmart OR LAW ENFORCEMENT AUTHORITIES.

19. Termination

The user, if dissatisfied with any policies, guidelines or practices of SupplySmart in operating the digital product, or any change in content, may discontinue accessing or using the digital product. SupplySmart may terminate or temporarily suspend your access to all or any part of the digital product without notice, for conduct that SupplySmart believes to be in violation of these Terms and Conditions or any policies or guidelines posted by SupplySmart, or any other conduct which SupplySmart, in its sole discretion, believes to be harmful to SupplySmart or other users. SupplySmart may discontinue operating the digital product and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorised to access the SupplySmart digital product and the restrictions imposed on you with respect to content downloaded from the digital product as well as the disclaimer and limitations of liability set forth in this Agreement shall survive.  

If for any reason this digital product is not capable of running as planned due to infection by computer virus, bugs, worms, trojan horses, denial of service, attacks, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of SupplySmart that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this digital product, SupplySmart reserves the right, at its sole discretion, to deny access to any individual(s) who tampers with the digital product, and/or to cancel, terminate, modify, or suspend any part of the digital product’s platform.

20. Governing Law

These Terms and Conditions will be governed and interpreted pursuant to the laws of the Federal Republic of Nigeria, notwithstanding any principles of conflicts of law. You specifically consent to the jurisdiction of Federal Republic of Nigeria in connection with any dispute between you and SupplySmart arising out of these Terms and Conditions or pertaining to the subject matter hereof.

21. Changes to this Agreement

SupplySmart may revise this Agreement and any other policy at any time and from time to time. Such revision shall come into effect forty-eight (48) hours after the revised Agreement has been posted prominently on the digital product. You agree to review this Agreement periodically to be aware of any such revisions. If any such revision is unacceptable to you, you must discontinue accessing and using the SupplySmart digital product. Your continued accessing and use of the digital product after notice of such revision has been published shall conclusively be deemed as your acceptance of all such revisions.

22. Miscellaneous.

1. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
2. Failure of SupplySmart to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any right or provision.
3. The provisions of Sections 3, 6, 7, 10, 11, 12,13,14,15 and 22 shall survive the termination or expiration of this Agreement.
4. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone.
5. These Terms and Conditions and any supplemental terms, policies, rules and guidelines constitute the entire agreement between you and SupplySmart and supersede all previous written and or oral agreements relating to your access and use of the digital product.
6. Notwithstanding the foregoing, any additional terms and conditions on this digital product will govern the items to which they pertain.
7. SupplySmart and its affiliates reserves the right to request successful applicants to forward proof of identity and residency. Valid means of identification includes Driver’s License, National Voters Card, International Passport, or any other nationally recognized means of identification. Such information must be genuine and not impersonate someone else. Applicants would be held solely liable if found to have impersonated anyone and shall be prosecuted.
8. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to and from SupplySmart digital product have been done strictly for clarification and identification and does not constitute endorsement by SupplySmart of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of SupplySmart by such trademark, service mark or link owner.
9. Please note: We reserve the right to take back our Reliable POS terminals if the terminal isn’t active or your business doesn’t meet the target transactions.
   

23. Contact Us

If you have any questions about these Terms and Conditions Agreement, please feel free to contact us at https://www.supplysmart.co/contact_us/ .