LinkCredit - User Terms of Service

LinkCredit - User Terms of Service Last Updated: Jan 21, 2021 Effective Date: Feb 1, 2021

1 PREFACE

1.1 This Terms of Use is a legally binding financial services and an end-user licence agreement between you (“End-user” “Borrower” or “you”) and ERIC VSTA LIMITED duly incorporated and licensed under the laws of the Federal Republic of Nigeria (“ERIC VSTA LIMITED”, “LinkCredit”, “we” or “us”) for the mobile application software, the data supplied with the software and the associated Services (defined below) (“App” or “Platform”). This Terms of Use ( 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) opened by you with us.

1.2 Please carefully read and fully understand all provisions of this Terms of Use, in particular, terms that exclude or limit our liabilities, terms that limit your rights, terms of dispute resolution and governing law etc. The terms that limit your rights and the terms exclude or limit our liabilities are marked in bold for your special attention. After downloading the App, you will be deemed to have accepted the Terms of Use immediately upon your clicking the “Continue” button the App or any other button which signifies your acceptance of this Terms of Use and an intention to use the App. If you do not agree with the Terms of Use please do not click “Continue”.

1.3 By accessing or using our Services, you confirm that you have the capacity for civil rights and the capacity for civil conducts that are required to conclude a binding contract with ERIC VSTA LIMITED, and you accept and agree to comply with this Terms of Use. Your access to and use of our Services is also subject to our Privacy Policy, including any amendments, modifications, and supplements of this Terms of Use and Privacy Policy (which will be notified to you in a due manner). Depending on the updates, amendments, modifications, and supplements, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.

1.4 Please fully understand and acknowledge that we do not allow you to authorize any person or enterprise process any functions provided in this platform. By downloading the App and opening an Account, you agree to comply with and be bound by the Terms of Use governing the operation of the Account and you affirm that the Terms of Use herein are without prejudice to any other right that ERIC VSTA LIMITED may have with respect to the Account in law or otherwise.

1.5 We may amend this Terms of Use from time to time. For example, we may amend this Terms of Use in case of any update to the features or functions of our Services or any changes to the regulatory requirements. In case we amend this Terms of Use , we will solicit public opinions on the Platform and/or on our website, and the updated version will be published seven days prior to the effective date. We will also promptly update the information of the last update date and the effective date at the top of this Terms of Use . We will use reasonable efforts to provide a reasonable notice to all users to inform any material change to this Terms of Use (such as, a notice on our Platform) and you shall promptly read our notification and check for such changes. Your continued use or access to the Services after the renewal of this Terms of Use will be deemed as your acceptance of the updated Terms. If you do not agree to the updated Terms of Use, you must cease to use or access to the Services.

1.6 If you are required to comply with other terms and conditions in addition to this Terms of Use and our Privacy Policy, the publication, release, and effectiveness of such additional terms shall also follow the foregoing provisions. 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. Upon downloading the App and clicking the “Accept” or “Continue” or any other button which signifies your acceptance of this Terms and Conditions and an intention to use the App, you will be deemed to have accepted ERIC VSTA LIMITED’s Privacy Policy, a copy of which is available on the App.

1.7 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.

1.8 Definitions For the purposes of this Terms of Use, unless the context requires otherwise: 1.8.1.Account means your mobile LinkCredit account with ERIC VSTA LIMITED on the App; 1.8.2.App means the mobile application software, the data supplied with the software and the associated Services. This may also be referred to as the “Platform”; 1.8.3.Business Day means a day other than a Saturday, Sunday or national or public holiday in which banks are open for business in Nigeria; 1.8.4.Credentials means your personal credentials used to access the App and operate your Account; 1.8.5.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; 1.8.6.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; 1.8.7.Electronic Payment System means the facility operated by the Payment System Provider for the provision of the Electronic Payment Service; 1.8.8.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; 1.8.9.Equipment includes your mobile phone handset and/or other equipment which when used together enables you to access the Network and is a supported device for the purposes of the Platform; 1.8.10.Force Majeure means events, circumstances or causes beyond the reasonable control of ERIC VSTA LIMITED making ERIC VSTA LIMITED’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; 1.8.11.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 Terms of Use from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan; 1.8.12.Nigeria means the Federal Republic of Nigeria; 1.8.13.Mobile Network Operator means a licensed mobile network operator in Nigeria; 1.8.14.Network means a mobile cellular network operated by a Mobile Network Operator; 1.8.15.Payment System Provider means Banks, and other financial institutions that has been duly licensed to provide payment services in Nigeria; 1.8.16.Platform means the mobile application software, the data supplied with the software and the associated Services. This is also referred to as the “App”; 1.8.17.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; 1.8.18.Privacy Policy means the ERIC VSTA LIMITED 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; 1.8.19.Request means a request or instruction received by ERIC VSTA LIMITED from you or purportedly from you through the App or any of our customer support channels and upon which ERIC VSTA LIMITED is authorised to act; 1.8.20.Services shall include any form of financial services or products that ERIC VSTA LIMITED may offer you pursuant to this Terms of Use and which you may from time to time subscribe to; and “Service” shall be construed accordingly; 1.8.21.SMS means a short message service consisting of a text message transmitted from your mobile phone to another; 1.8.22.System means ERIC VSTA LIMITED’s mobile and electronic communications software enabling you to communicate with ERIC VSTA LIMITED for purposes of the Services. The System and the Services will for the purpose of this Terms of Use be access through the App; 1.8.23.Technology has the meaning given to it in clause 2.7(f); 1.8.24.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; and 1.8.25.Transaction Fees includes any fees and charges payable for the use of the Services as published by ERIC VSTA LIMITED on ERIC VSTA LIMITED’s website, the App or by such other means as ERIC VSTA LIMITED shall in its sole discretion determine. Transaction Fees are subject to change at ERIC VSTA LIMITED’s discretion.

1.9.Interpretation 1.9.1.In addition to the definitions above, unless the context requires otherwise: the singular shall include the plural and vice versa; 1.9.2.a reference to any one gender, whether masculine or feminine includes the other. 1.9.3.All the headings and sub-headings in this Terms of Use are for convenience only and are not to be considered for the purposes of interpretation of this Terms of Use. The recitals and schedules shall be deemed to form part of this Terms of Use.

2 THE SERVICES

2.1.The Platform comprises of multi-platform financial service, personal credit line checking and loan calculator tools, loan application process, including:

(a)Personal loan assistant: Based on your personal data, we will calculate your credit limit and recommend suit loan products provided by us or other 3rd party;

(b)Credit Line Checking: Based on your application information, we use our technology and calculate the credit line. You can use your credit line for the products provided by us or provided by 3rd parties which cooperate with the Platform; and

(c)Loan Calculator: You can calculate the fees, repayment days etc. based on your selected terms and amount.

2.2 Provided that you comply with this Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable and revocable license to access and use the Platform, and the authorization includes downloading the Platform on your Equipment, and accessing the ERIC VSTA LIMITED products or 3rd party products through your use of the Platform. ERIC VSTA LIMITED reserves all rights with respect to the Platform. You acknowledge and agree that: if you commit any breach of this Terms of Use, ERIC VSTA LIMITED may terminate the license for any reasonable causes to prevent any further damage to ERIC VSTA LIMITED and/or ERIS VSTA LIMITED`s partners.

2.3 You must download the Platform and use our Services from third-party platforms authorized by ERIC VSTA LIMITED. If you do not follow such rules to access to the Services from ERIC VSTA LIMITED or any third party authorized by ERIC VSTA LIMITED, we will not guarantee the normal use of the services of such version of Platform, and you shall be solely liable for any consequences of access to or use of services from unauthorized channels.

2.4 We will upgrade the abovementioned functions from time to time and continue to develop new features and functions based on our users’ needs. You agree that the functions and services may, according to users’ needs or our discretion, be optimized or modified through different versions, or may be suspended due to scheduled or non-scheduled maintenance. Such activities shall not be deemed as any ERIC VSTA LIMITED’s breach of this Terms of Use.

2.5 ERIC VSTA LIMITED shall have the right to update, upgrade, amend, delete, or transfer the Platform, the Services (or any part thereof) and its relevant functions from time to time without any special notification to you. We will use reasonable efforts to provide a reasonable notice to all users of the relevant changes to the Services (such as serving a notice through our Platform), and you shall read notification promptly to check for such changes.

2.6 You shall comply with the rules including the relevant technical specifications and security requirements informed by ERIC VSTA LIMITED from time to time when using the corresponding functions of our Platform to ensure the safe and stable operation of the Services.

2.7.In consideration of you agreeing to abide by the terms of this Terms of Use, we grant you a non-transferable, non-exclusive licence to use the App on your Equipment, subject to this Terms and Conditions. We reserve all other rights. Except as expressly set out in this Terms of Use or as permitted by any local law, you agree:

(a)not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(b)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;

(c)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:

(d)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;

(e)you 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

(f)to comply with all technology control or export laws and regulations in your country that apply to the technology used or supported by the App or any Service (the Technology).

2.8 The Services offered by ERIC VSTA LIMITED can only be utilized by persons over the age of 18 that are legally resident in Nigeria and have valid bank accounts. To provide you with the Services, ERIC VSTA LIMITED reserves the right to verify any information provided to us in this regard. 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.

2.9 ERIC VSTA LIMITED reserves the right to provide any of the Services to you to revoke the same at any stage at ERIC VSTA LIMITED’s sole and absolute discretion and without assigning any reason or giving any notice thereto. 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 Terms of Use, 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 Terms of Use. You acknowledge that you have no right to have access to the App in source-code form.

3 YOUR ACCOUNT

3.1 We provide services to you through your Account. You can either register your Account through the Platform or register through any other software that may be provided by ERIC VSTA LIMITED. You have the right to choose a combination of characters that are legitimate and in line with requirements of ERIC VSTA LIMITED as your Account name and set your own password in compliance with security requirements. The Account name and password you set up are the credentials for you to log in and use this Platform and other software and relevant services provided by ERIC VSTA LIMITED as a registered user.

3.2 You may also log in and use the Services by authorization of a 3rd party account. You will authorize us to obtain the public information (name, profile picture and other information authorized by you) when you are registering on a third-party platform of linking the Account so that you can log in directly and use LinkCredit and related services.

3.3 In any of the following cases: you register Account on your own behalf, or you log in through authorization of your third-party platform account, you shall submit true, accurate and complete identification and other related information which shall reflect your up-to-date situation. You acknowledge and undertake that your user ID, profile picture, personal introduction and other information submitted for use of the Services and any other information provided to us shall not contain any illegal information.

3.4 You understand and agree that the ownership and related interests of Account belongs to ERIC VSTA LIMITED, and you shall only have the right to use such Account upon first log in. The Account shall be limited to your personal use and, without ERIC VSTA LIMITED’s written approval, giving, borrowing, renting, transfer and sale of the Account in any manner or otherwise licensing others to use this Account in any forms shall be prohibited. If ERIC VSTA LIMITED has found or there is a reasonable cause to believe that the user of the Account is not the initial registrant of such Account, ERIC VSTA LIMITED shall have the right to suspend or terminate the services to such Account and deregister the Account without prior notification to you. You shall be solely responsible for all the losses arising from the wipe and loss of all the data and information caused thereby.

3.5 You shall be responsible to keep your Account and password secure and confidential. You shall attach great importance to the confidentiality of the Account and password, and you shall not disclose the Account and password to any third party in any circumstances. If you know that third party uses your Account without your approval or find any security vulnerabilities, you shall immediately notify ERIC VSTA LIMITED. When you finish using the Account, you shall log out safely. You shall be solely liable for the corresponding responsibility resulting from the theft or loss of your Account or password attributable to your own reasons such as improper keeping of your account detail or password, or any force majeure event.

3.6 If you lose your Account or have trouble remembering your password, you may promptly submit a complaint to recover your Account or password in accordance with ERIC VSTA LIMITED’s provided steps of such compliant services. You understand and acknowledge that ERIC VSTA LIMITED only approves the retrieval of password to the complainant that is the authorized user of such Account and it offers only one way of confirmation of retrieval which is based on the consistency check of the Account information filed in the complaint form and the account information recorded in our system.

3.7 You fully understand and agree that you must be solely liable for all acts conducted under your Account, including any loan contract applied by this Account and any consequences resulted therefrom. You shall use your own judgement to apply or use the services or products which provided by ERIC VSTA LIMITED or any 3rd party on the Platform.

3.8 After you have registered, logged in your Account and conducted proper and necessary authentication, you can browse and modify your submitted personal identity information at any time. You understand and agree that you may not be able to modify the initial registration information and other authentication information provided at the time of registration for security and authentication reasons (e.g. Account or password retrieval complaint services etc). You can also apply to cancel your account. ERIC VSTA LIMITED will assist you to cancel your Account after completion of all your repayments.

4 ACCESS TO AND USE OF OUR SERVICES

4.1 Your access to and use of the Services is subject to this Terms of Use and all applicable laws and regulations. To comply with the applicable regulations, you may not:

(a)conclude this Terms of Use and access or use the Services under the circumstances where you have no full and legal capacity for civil right, capacity for civil conduct or have no complete and legal authorization;

(b)impersonate any person or entity, or falsely state or otherwise misrepresent your identity; or

(c)use or attempt to use others’ accounts, services, or systems without authorization from ERIC VSTA LIMITED, or create a false identity on the platform.

4.2 To meet our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all the following:

(a)your full name;

(b)your date of birth;

(c)your Bank Verification Number ("BVN");

(d)your current residential address;

(e)your picture;

(f)copy of a valid Government issued ID (national ID, international passport, permanent voter’s card or driver’s license);

(g)copy of recent utility bill, bank statement, affidavit, or another bill, dated within three months of our request, which carries your name and address;

(h)any other information or document as we may require for our internal risk assessment.

4.3 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. You hereby agree and authorise ERIC VSTA LIMITED to verify information provided by you against the information held by any third party (including official databases) such as, banks, Payment System Providers any other information bank available to ERIC VSTA LIMITED.

4.4 The information that ERIC VSTA LIMITED may verify against the information which you have provided to us include (without limitation): your name, phone number, date of birth, address, age, Identification Number (“ID”) or Passport Number and such other information that will enable ERIC VSTA LIMITED to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).

4.5 You hereby agree and authorise ERIC VSTA LIMITED 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 ERIC VSTA LIMITED shall require for purposes of providing you the Services (the “Relevant Information”).

4.6 You hereby consent to ERIC VSTA LIMITED verifying the Personal Information and the Relevant Information and using the Personal Information and the Relevant Information to the extent necessary in ERIC VSTA LIMITED’s opinion for the provision of the Services. You agree and authorise ERIC VSTA LIMITED 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.

4.7 You agree to indemnify and hold ERIC VSTA LIMITED and the Third-Party Partners harmless with respect to any claims, losses, liabilities that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information. ERIC VSTA LIMITED 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 ERIC VSTA LIMITED may result in ERIC VSTA LIMITED declining to accept your application for an Account or access to the Services.

4.8 You hereby irrevocably authorise ERIC VSTA LIMITED to act on all Requests received by ERIC VSTA LIMITED from you (or purportedly from you) and to hold you liable in respect thereof. ERIC VSTA LIMITED may nevertheless refuse to carry out any Requests in its sole and absolute discretion. ERIC VSTA LIMITED 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, ERIC VSTA LIMITED believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

4.9 ERIC VSTA LIMITED 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 ERIC VSTA LIMITED may act if ERIC VSTA LIMITED has in good faith acted in the belief that such instructions have been sent by you. ERIC VSTA LIMITED 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.

4.10 You agree to and shall release from and indemnify ERIC VSTA LIMITED against all claims, losses, damages, costs, and expenses howsoever arising in consequence of, or in any way related to ERIC VSTA LIMITED having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it. You acknowledge that to the full extent permitted by law, ERIC VSTA LIMITED shall 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, password, ID, or any means whether or not occasioned by your negligence is attributable to ERIC VSTA LIMITED.

4.11 ERIC VSTA LIMITED 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. In the event of any conflict between any terms of any Request received by ERIC VSTA LIMITED from you and this Terms of Use, this Terms of Use shall prevail.

5 OBTAINING LOANS

5.1 Loan Application

5.1.1.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 bank account.

5.1.2 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.

5.1.3 ERIC VSTA LIMITED 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.

5.1.4 The details of your loan –principal amount, interest payable, repayment days, transaction fees etc will be made available to you on the App for every successful loan application. Please do not click continue if the approved terms are not acceptable to you.

5.2 Credit Reference Bureaus

5.2.1 In assessing your loan application, we may request your Personal Information, credit profile and credit related transactions from Credit Reference Bureaus 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.

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

5.3 Your Rights and Obligations as a Borrower

As a borrower, You:

(a)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;

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

(c)ensure that your card or bank accounts 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. You shall also indemnify us for any charges or fees due in respect of failed or unsuccessful direct debits on your bank accounts or cards;

(d)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; and

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

5.4.Interest and Fees

5.4.1.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.

5.4.2 If you fail to make any payments due to ERIC VSTA LIMITED at the due date for payment, ERIC VSTA LIMITED may apply default interest or penalties on such outstanding amount at a rate to be communicated to you.

6.DEFAULT ON LOAN

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

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

(b)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 the Borrower is incorrect, inaccurate or misleading;

(c)the Borrower does anything which may prejudice ERIC VSTA LIMITED’s rights under this Agreement;

(d)you use or attempt to use the App or the Services for an unauthorised purpose;

(e)the Borrower is declared bankrupt, insolvent or unable to pay his debts as they fall due under the laws of the Federal Republic of Nigeria; or

(f)you are in breach of any of this Terms of Use.

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

6.2 Please refer to LinkCredit Privacy Policy for more information about the protection of Users’ personal information.

(a)terminate this Terms of Use;

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

(d)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.

6.3. ERIC VSTA LIMITED reserves the right to assign its right, title and interest in the Loan and rights under the Terms of Use 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, ERIC VSTA LIMITED shall have the right to share with such collection agencies, any information about the Borrower (including transaction history, Personal Information, Relevant Information) which it deems relevant.

6.4 ERIC VSTA LIMITED also reserves the right to institute legal proceedings for the recovery of the Loan against you without any prior notice.

6.5 In the event that an Event of Default occurs, the Borrower grants to ERIC VSTA LIMITED the right to notify the Borrower and any other person who, in ERIC VSTA LIMITED’s opinion, may assist with the recovery of the outstanding Loan amount. You agree that this notification may be done by any means of communication which ERIC VSTA LIMITED deems appropriate.

7 SET OFF

7.1 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, ERIC VSTA LIMITED 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 my credit in any bank account and from any other financial assets they may be holding for your benefit.

7.2 You covenant and warrant that ERIC VSTA LIMITED 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.

8 THIRD-PARTY APPLICATION AND USERS’ PERSONAL INFORMATION PROTECTION

8.1 With the permission of ERIC VSTA LIMITED, third-party developed application/services may integrate with this Platform and provide services to you, and you may use such applications. During your use of the third-party application, in addition to complying with this Terms of Use, you shall comply with third parties’ user agreement, our Privacy Policy and other terms. You understand and acknowledge that the third-party services are provided by third-party providers, and ERIC VSTA LIMITED will not assume any liability for the third-party services unless otherwise stipulated in the laws, regulations and this Terms of Use.

8.2 You understand and agree that we may change the policies on our Services and third-party applications, and such change may have an effect on the third-party services (such as the third-party services are unable to continue to service on the Platform, or the service functions of the third-party applications are restricted). ERIC VSTA LIMITED will not assume liability for such changes unless otherwise stipulated in laws and regulations.

8.3 You shall fully understand the product functions, service terms and privacy policy of third-party applications before you apply and use such third-party services. You shall use your own virus protection software for your devices.

8.4 ERIC VSTA LIMITED Technology endeavors to protect your personal information (i.e. information could, independently or collectively with other information, identify the identification of users), and protecting Users’ personal information is one of ERIC VSTA LIMITED`s fundamental principles. In the process of your access to and use of the software and the Services, you may need to provide your personal information (including but not limited to name, phone number, email address, identification number, relatives’ information, device information) in order to facilitate ERIC VSTA LIMITED to provide the corresponding technical support and services for you. For the purpose of providing better services, we may share your information with our affiliates, and we undertake our sharing of such information are for the purpose of providing you with better Service only and will not go beyond the foregoing scope. We will use encryption technology, anonymization and other technical measures that are compatible with the Services and other security measures to protect your personal information.

8.5 Please refer to our Privacy Policy for more information about the protection of Users’ personal information.

8.6 Using the Services on mobile applications may use some of your data allowance available on the data plan to which you have subscribed with your mobile network operator. International usage may lead to significantly higher costs than regular usage. You shall understand such situation, and you are solely responsible for paying for any possible mobile charges (including messages or data) levied by your mobile network operator. If you are uncertain of such fees, you shall consult your service provider before using the Services.

9.BREACH AND INDEMNITY

9.1 In case you breach this Terms of Use and/or other agreements and terms that you shall comply with, we shall have the right to independently judge according to the circumstance and to adopt measures without prior notice to you, including without restricting, suspending, or terminating your use of part or all of the functions of the Services. You shall be solely responsible for any losses incurred thereby.

9.2. You shall be solely responsible for any third-party complaint, litigation or claim arising from your breach of this Terms of Use and other terms that you shall comply with.

9.3. To the maximum extent permitted by applicable law, you agree to fully indemnify, according to this Terms of Use or relevant laws and regulations, ERIC VSTA LIMITED including its owners, directors, employees, partners, Third Party Partners, Agents, operators, affiliates, licensors, licensees and any other parties whose rights and interests are damaged resulting from or in connection with your breach of this Terms of Use and/or other terms you shall comply with in the process of your use of these services. The indemnity shall include without limitation such compensation paid by ERIC VSTA LIMITED and relevant parties to any third party, penalties imposed by state authorities, etc.

9.4 On no account will ERIC VSTA LIMITED or any of the indemnified persons above be liable for any demand, claim, loss, or damage which you may sustain:

(a)rom our acting in accordance with your Requests or Requests purported to be from you;

(b)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 ERIC VSTA LIMITED’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 ERIC VSTA LIMITED;

(c)from 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;

(d)from any 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; or

(e)from any claims where the circumstance is within your control.

10 LIMITATION OF LIABILITY

10.1.ERIC VSTA LIMITED 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 ERIC VSTA LIMITED’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.

10.2 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. 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.

10.3 ERIC VSTA LIMITED will not be liable for any losses or damage suffered by you as a result of or in connection with:

(a) any loss of profit (whether incurred directly or indirectly) suffered by you;

(b) any loss of opportunity suffered by you;

(d) any indirect or consequential losses which may be incurred by you;

(e) any loss or damage which may be incurred by you as a result of the followings:

· any modification or amendment to the Services or temporary cessation in the provision of the Services (or any functions of the Services) according to the terms of this Terms of Use;

· your failure to provide us with accurate information including personal information and account; or

· your failure to keep your password or account details safe and confidential.

(f) any defect or fault in the App or any Service resulting from you having altered or modified the App;

(g) unavailability of sufficient funds in your Account;

(h) 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; or

(i) any fraudulent or illegal use of the Services, the System and/or your Equipment.

10.4 We will make every effort to keep the safety and stability of the Services, however, you understand that ERIC VSTA LIMITED is not able to foresee or prevent all technical risks and other risks, including but not limited to service interruption, unavailability for normal use and other similar situation caused by force majeure, virus, trojans, hacking, system instability, defects of third-party services, third-party websites, and other reasons. You need to configure your devices, network, programs, and other settings to access and use the Services. You shall use your own virus protection software for your devices.

10.5 Our liability of any indemnification for losses shall be limited to the amount paid by you to ERIC VSTA LIMITED within the last 12 months.

10.6 These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

10.7 If for any reason other than a reason mentioned in clause 8.3, the Services are interfered with or unavailable, ERIC VSTA LIMITED’s sole liability under this Terms of Use in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

10.8 Save as provided in clause 10.7, ERIC VSTA LIMITED shall not be liable to you for any interference with or unavailability of the Services, howsoever caused. Under no circumstances shall ERIC VSTA LIMITED 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 ERIC VSTA LIMITED.

11. USER’S RESPONSIBILITIES

11.1.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.

11.2.You shall be responsible for ensuring the proper performance of your Equipment. ERIC VSTA LIMITED shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall ERIC VSTA LIMITED 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 ERIC VSTA LIMITED shall not be responsible for losses or delays caused by any such service provider.

11.3.You shall follow all instructions, procedures and terms contained in this Terms of Use and any document provided by ERIC VSTA LIMITED concerning the use of the System and the Services.

11.4.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. ERIC VSTA LIMITED shall not be liable for any disclosure of your Credentials to any third-party and you hereby agree to indemnify and hold ERIC VSTA LIMITED harmless from any losses resulting from any disclosure of your Credentials.

11.5. 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 ERIC VSTA LIMITED 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.

11.6 You shall immediately inform ERIC VSTA LIMITED if:

(a)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

(b)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.

11.6 You shall at all times follow the security procedures communicated to you by ERIC VSTA LIMITED 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.

11.7 You shall not at any time operate or use the Services in any manner that may be prejudicial to ERIC VSTA LIMITED.

12. VARIATION AND TERMINATION

12.1 ERIC VSTA LIMITED may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account. Without prejudice to ERIC VSTA LIMITED’s rights under this clause, ERIC VSTA LIMITED may at its sole discretion suspend or close your Account:

(a)if you use the Account for unauthorised purposes or where ERIC VSTA LIMITED detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

(b)if ERIC VSTA LIMITED is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

(c)if ERIC VSTA LIMITED reasonably suspects or believes that you are in breach of this Terms of Use (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;

(d)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;

(e)where the Services are being used for any illegal, fraudulent or suspicious activity; or

(f)if ERIC VSTA LIMITED 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.

12.2 Such termination shall however not affect any accrued rights and liabilities of either party. Upon the suspension or closure of your Account, ERIC VSTA LIMITED may cancel any outstanding loan which it has granted and require the immediate repayment of such outstanding loans.

12.3 If ERIC VSTA LIMITED receives notice of your demise, ERIC VSTA LIMITED 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.

13 MISCELLANEOUS

13.1 Entire Agreement

13.1.1This Terms of Use, our Privacy Policy, other applicable terms referred herein and any other applicable terms that we will notify you in a reasonable manner which constitute the entire legal agreements between You and us supersede extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

13.1.2 If there are any amendments, updates or supplements in the foregoing terms, the prior version replaced thereby will be invalidated automatically upon the effectiveness of such changes, updates, or amendments.

13.1.3 You acknowledge that in entering into this Terms of Use, you have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Terms and Conditions or our Privacy Policy.

13.2 No Waiver and Severability

Our failure to temporarily insist upon or enforce any provision of this Terms of Use shall not be construed as a waiver of any provision or right. If any provision of this Terms of Use are ruled invalid, such provision will be deemed to be removed from this Terms of Use without affecting the validity of other provisions of this Terms of Use.

13.3 Assignment

13.3.1 You may not assign any of your rights or delegate your obligations under this Terms of Use, without the prior written consent of us.

13.3.2 For the purpose of operating the Services, we may assign this Terms of Use in their entirety (including other terms you shall comply with in connection with the Services), to an affiliate. Where there is a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, we may assign this Terms of Use (including other terms you shall comply with in connection with the Services) to a third party. You acknowledge that we are not required to obtain your consent under the foregoing circumstances, however we will notify you in a reasonable manner.

13.4 Taxes

13.4.1.All payments to be made by you in connection with this Terms of Use or any Services provided to you by ERIC VSTA LIMITED 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 ERIC VSTA LIMITED such additional amounts as will result in ERIC VSTA LIMITED receiving the full amount it would have received had no such taxes been applicable to the payments.

13.4.2.You hereby consent and agree that ERIC VSTA LIMITED may withhold amounts in your Account if we are required to do so in accordance with the direction of any tax authority, or ERIC VSTA LIMITED is otherwise required by law or regulation or pursuant to agreements with any tax authority to do so, or if ERIC VSTA LIMITED 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.

13.4.3.All payments to be made by you under this Terms of Use 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 ERIC VSTA LIMITED, you shall immediately pay to ERIC VSTA LIMITED such additional amounts as will result in ERIC VSTA LIMITED receiving the full amount it would have received had no such deduction or withholding been required.

13.5 GENERAL

13.5.1A 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. No failure by ERIC VSTA LIMITED 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 Terms of Use shall operate as a waiver of such right or remedy.

13.5.2 If any provision or part of a provision of this Terms of Use 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 Terms of Use, all of which shall remain in full force and effect.

13.6 Disputes Resolution and Governing Law

13.6.1 This Terms of Use 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 Terms of Use.

13.6.2 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 Terms of Use.

13.7 Contact Us.

Should you have any questions, please contact us at contact@linkcredit.ng.

TERMS AND CONDITIONS FOR THE OPENING AND USE OF A LINKCREDIT LOANS FROM ERIC VSTA

Please obtain independent financial and legal advice before applying for and taking up the LinkCredit Loans.

1. THE AGREEMENT

1.1. These Terms and Conditions (hereinafter referred to as "these Terms and Conditions") shall be applicable to any LinkCredit Loan approved by ERIC VSTA and LinkCredit Limit credited into your LinkCredit Account.

1.2. The provisions of our Terms of Use as stated in http://www.linkcredit.ng/html/web/TermsOfUse/index.html is hereby incorporated into these Terms and Conditions. Where there is any contradiction or inconsistency between any provisions of our Terms of Use and the provisions of these Terms and Conditions, the provisions of our Terms of Use shall prevail.

2. DEFINITIONS

a. In these Terms and Conditions the following words and expressions bear the following meanings (save where the context requires otherwise): "ERIC VSTA" means ERIC VSTA Limited [NO. 8 Sawyerr Street, Dopemu, Agege, Lagos State, Nigeria] or any person to whom it cedes or assigns any of its rights or obligations in terms of these Terms and Conditions;

b. "LinkCredit Account' means the credit revolving loan account held by ERIC VSTA;

c. "Agreement" means these Terms and Conditions and any PPP offered and accepted by you from time to time;

d. "T-PIN" means your personal identification number, being the secret code used to loan withdrawal confirmation, known only to you;

e. “Identity Verification process” means the electronic application process to verify your identity by LinkCredit.

f. "Application/Application Process" means the electronic application via the LinkCredit APP for a LinkCredit Loan using your T-PIN confirmed;

g. "Customer Care Centre" means any ERIC VISTA call centre or such other outlets as may be published from time to time on the Website;

h. “LinkCredit Limit” the virtual revolving credit limit calculated by ERIC VSTA base on your personal information, LinkCredit limit will re-calculate by ERIC VSTA time to time base on your repayment history. In normal case, you only allowed to take the Loan amount not exceed LinkCredit Limit.

i. "Loan Amount" the amount of the LinkCredit Loan credited or to be credited to your LinkCredit Account (less the Service Fee) as shall be notified to you by SMS;

j. "Interest" means the amount of interest payable on your LinkCredit Loan calculated on a fixed percentage of the value and term of the LinkCredit Loan, as more particularly specified in your PPP;

k. "Network" means the mobile cellular network operated by any operators in Nigeria;

l. "PPP" means your personal pricing plan setting out the LinkCredit Loan offered, the Loan Amount (indicating the Service Charge) and the Repayment Amount repayable on the specified Repayment Date;

m. "Repayment Amount" means the total amount repayable on your LinkCredit Loan, inclusive of all or any unpaid Transaction Fees(If there is any) and Service Fees;

n. "Repayment Date" means the date of repayment of the Repayment Amount being the date specified in the PPP or such other date as may be notified to you by LinkCredit;

o. "Service Fee" means the one off agreed fixed fee debited to your account at the time of disbursement (or at the time of repayment) of your LinkCredit Loan in respect of all administrative charges, costs and expenses in providing you with a LinkCredit Loan;

p. "Services" shall mean the LinkCredit Services and shall include such loan service products that LinkCredit may offer you to subscribe to from time to time and "Service" shall be construed accordingly;

q. "SMS" means a short messaging service consisting of a text message transmitted from one mobile phone to another;

r. "You" or "your" means the Customer and includes representatives of the Customer.

s. Headings in these Terms and Conditions are for convenience purposes only and do not affect the interpretation of this Agreement.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

a. By entering your T-PIN, you consent and authorize LinkCredit to provide personal information about you to ERIC VSTA upon request, including but not limited to all data held by LinkCredit. This information shall specifically include your mobile phone number, your name, date of birth, identity and such other information that ERIC VSTA may in its sole discretion deem necessary and required for the provision of the Services (hereinafter referred to as "Personal Information"). You further consent to LinkCredit providing information to ERIC VSTA relating to your use of the LinkCredit Service and LinkCredit System for the purposes of providing the Services to you.

b. You also agree to comply with and be bound by these Terms and Conditions and you confirm that these Terms and Conditions are without prejudice to any right that ERIC VSTA may have with respect to your LinkCredit Account in law or otherwise.

c. These Terms and Conditions may be amended or varied by ERIC VSTA from time to time by publication of revised terms on the ERIC VSTA/LinkCredit Website and the continued use of your LinkCredit Account and acceptance of any LinkCredit Loans from ERIC VSTA after the publication of any revised Terms and Conditions shall constitute your agreement to be bound by the revised Terms and Conditions.

4. APPLICATION FOR A LinkCredit Limit and LinkCredit LOAN

a. To apply for a LinkCredit Limit, you must have the required legal capacity, be of sound mind, be over the age of 18 years and Nigerian citizen. We reserve the right to verify your identity with any 3rd party which we cooperated.

b. LinkCredit will approve the LinkCredit Limit based on your personal information and the information which provided by any 3rd parties about you. LinkCredit will re-score your LinkCredit limit time to time based on your repayment history or your behavior.

c. You may take LinkCredit loans after get the LinkCredit Limit.

d. You hereby agree to give such consent as may be required by the any 3rd party which we cooperated for the disclosure by ERIC VSTA of your Personal Information.

e. You acknowledge and accept that our acceptance of your Application for a LinkCredit Loan does not create any contractual relationship between ERIC VSTA and you until such time as the LinkCredit Loan has been disbursed into your Bank Account which you provided to us during the Identity Verification process.

f. LinkCredit reserves the right to decline your Application for a LinkCredit Loan at ERIC VSTA's sole and absolute discretion and without providing any reason to you.

5. ERIC VSTA LinkCredit LOAN

LinkCredit Account

i. As a LinkCredit Subscriber, you may, subject to these Terms and Conditions, apply for a LinkCredit Loan via the Application Process.

ii. In the event that you are offered a LinkCredit Loan on terms set out in your PPP, you may accept such offer on the LinkCredit Application by using your T-PIN.

iii. LinkCredit will notify you of the approval of your application for a LinkCredit Loan by way of an SMS setting out the Disbursement Amount to be deposited into your Bank Account and all applicable (if there is any).

iv. If you are unsure about how the Repayment Amount has been calculated please contact the Customer Care Centre for an explanation of the amounts and fees.

6. DISBURSEMENT OF LinkCredit LIMIT and LinkCredit LOAN

a. Subject to your acceptance of the offer of a LinkCredit Limit on the Terms and Conditions specified herein, the LinkCredit Limit shall be credited into your LinkCredit Account within 120 minutes of notification of your LinkCredit Limit being approved.

b. After the Disbursement Amount has been disbursed to your Bank Account you will receive an SMS confirming the Disbursement Amount and the Repayment Amount to be deducted from your Bank Account or Bank Card on the Repayment Date.

c. In consideration for ERIC VSTA granting you the LinkCredit Loan, you shall pay the Loan Interest as set out in your PPP. Such Interest shall be added to the Repayment Amount and shall be repayable by you to ERIC VSTA on the Repayment Date.

d. ERIC VSTA shall be entitled under prior arrangements with us to directly debit your Bank Account or Bank Card on the Repayment Date with all or any Repayment Amounts due to ERIC VSTA.

e. You shall either add your several Bank Accounts or Bank Cards for the Repayment Amount deduction. ERIC VSTA will withdraw the Repayment Amount on the Repayment Date in sequence.

7. TERMINATION

Events of default

a. Without prejudice to other provisions of these Terms and Conditions, ERIC VSTA may terminate the Agreement with you in the event that:

a) you fail to pay any Repayment Amounts within 5 days of the Repayment Date or such other extended Repayment Date;

b) you fail to comply with any conditions of this Agreement;

c) you become insolvent or unable to pay your debts;

d) you die;

e) you become mentally incapacitated or otherwise disabled so as to be unable to make any payments under this Agreement;

f) your Bank Account is terminated for whatever reason by either party; or

g) if you make any untrue or incorrect statement or representation or fail to disclose information relating to you or your credit worthiness in your application or subsequently or do anything that may prejudice the rights of ERIC VSTA.

b. Upon termination of the Agreement, all or any Repayment Amount outstanding in terms of the Agreement will immediately become due and payable in full.

8. FEES/INTEREST AND OTHER CHARGES

The Service Fees shall be deducted from the LinkCredit Loan prior to the disbursement of the same to you. All other applicable Transaction Fees shall be included in the Repayment Amount as specified in the PPP and as reflected in your subsequent Statements.

9. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the LinkCredit System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that ERIC VSTA provides to you through the LinkCredit System or otherwise are vested either in ERIC VSTA or in other persons from whom ERIC VSTA has a right to use and to sub-license the LinkCredit System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the LinkCredit System and associated documentation without the prior written consent of ERIC VSTA.

10.DISCLOSURE OF INFORMATION

You hereby expressly consent and authorize ERIC VSTA to disclose, receive, record or utilize your personal information or information or data relating to your LinkCredit Account and any details of your use of the Services:

a) to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

b) to and from ERIC VSTA's service providers, dealers, agents or any other company that may be or become ERIC VSTA's subsidiary or holding or related company for reasonable commercial purposes;

c) to a Credit Reference Bureau;

d) to ERIC VSTA's lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

e) for reasonable commercial purposes connected to your use of the LinkCredit Services, such as marketing and research related activities; and

f) in business practices including but not limited to quality control, training and ensuring effective systems operation.

You waive any rights or claims you may have against ERIC VSTA relating to the provision of the aforesaid information by or to AFB in terms of the Agreement.

11. MISCELLANEOUS

a. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

b. No failure or delay by either yourself or ERIC VSTA in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

c. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

d. If any provision of these terms and conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

12. NOTICES

ERIC VSTA may send information concerning the LinkCredit Account via SMS to Mobile Phone number which you provided during the Registration process or Identity Verification process.

13. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

a. You may contact the Customer Care Center to report any disputes, claims or LinkCredit Account discrepancies.

b. Any dispute arising out of or in connection with this Agreement that is not resolved by the Customer Care Centre or failing that by the Managing Director of ERIC VSTA, may be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party.

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

Address: NO. 8 Sawyerr Street, Dopemu, Agege, Lagos State, Nigeria Email: contact@linkcredit.ng