This Agreement is a financial services and an end-user license agreement between you
(“End-user” “Borrower” or “you”) and the relevant Blocka Cash entity, owned by James
Crown Partners Limited, duly incorporated and
licensed under the laws of your country (“Blocka Cash”, “us” or “we”) for the mobile
application software, the data supplied with the software and the associated Services
(defined below) (“App”).
(the “Terms and Conditions”) which shall be applicable to the Account (as hereinafter
opened by you with Blocka Cash.
These Terms and Conditions and any amendments or variations thereto take effect on their
date of publication.
It is agreed as follows:
1. Definition and interpretation
For the purposes of this Agreement and the preamble above, unless the context requires
Acceptable Use Restrictions
has the meaning
given to it in clause 5;
means this Agreement;
means your loan account with Blocka
means a day other than a
Saturday, Sunday or
national or public holiday in your country;
means your personal credentials
access the App and operate your Account;
Credit Reference Bureau
institution or a credit reference bureau duly licensed under the laws and
regulations of your country at every given time, to inter alia, collect and
facilitate the sharing of customer credit information;
means a monetary value that
electronically stored in an instrument or device representing an equal amount of
Electronic Payment Service
means the payment
delivered in electronic form by a licensed payment service provider in accordance
with the laws and
regulations of your Nigeria;
Electronic Payment System
means the facility
by the Payment System Provider for the provision of the Electronic Payment Service;
includes any mortgage or charge
legal or equitable), lien, option, security interest, restrictive covenant, pledge,
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;
includes your mobile phone handset,
SIM Card and/or other
equipment which when used together enables you to access the Network;
Event of Default
has the meaning given to it
in clause 11.1;
means events, circumstances or
causes beyond the
reasonable control of Blocka Cash making Blocka Cash’s performance of its
commercially impracticable, illegal, or impossible, including but not limited to
acts of God, war,
strikes or labour disputes, embargoes or government orders, pandemics, epidemics;
has the meaning given to
it in clause 4;
means the principal amount of the loan
made or to be
made by Blocka Cash to you under this Agreement from time to time through the App or
(as the context requires) the principal amount outstanding for the time being of
Mobile Network Operator
means a mobile
network operator in your
country licensed in accordance with the relevant laws and regulations;
means a mobile cellular network
operated by a Mobile Network Operator;
Payment System Provider
means a Mobile
Network Operator, Deposit Banks,
and other financial institutions that has been duly licensed by the laws and
regulations of Nigeria to provide
electronic payment services in Nigeria;
means the Nigerian Privacy
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;
means a request or instruction
received by Blocka Cash from you
or purportedly from you through the Network and the Electronic Payment System and
upon which Blocka Cash is
authorised to act;
shall include any form of financial
services or products that
Blocka Cash may offer you pursuant to this Agreement and which you may from time to
time subscribe to; and
“Service” shall be construed accordingly;
means the subscriber identity module
which when used with the
appropriate mobile phone handset enables you to access the Network and, in some
cases, to use the Value Storage
Account (as defined below);
means a short message service consisting
of a text message
transmitted from your mobile phone to another;
means Blocka Cash’s electronic
communications software enabling
you to communicate with Blocka Cash for purposes of the Services. The System and the
Services will for the
purpose of this Agreement be accessed through the Electronic Payment System;
has the meaning given to it in
includes any fees and
charges payable for the use of the
Services as published by Blocka Cash on Blocka Cash’s website or by such other means
as Blocka Cash shall in
its sole discretion determine. Transaction Fees are subject to change at any time at
Blocka Cash’s sole
Value Storage Account
means your electronic
money store of value, being
the record maintained by a Payment System Provider from time to time held by you in
the Electronic Payment System.
In addition to the definitions in clause 1.1, unless the context requires otherwise:
the singular shall include the plural and vice versa;
a reference to any one gender, whether masculine, feminine or neuter, includes the
all the headings and sub-headings in this Agreement are for convenience only and are
not to be taken into
account for the purposes of interpretation of this Agreement.
the recitals and schedules shall be deemed to form part of this Agreement.
2. Acceptance of terms and conditions
You must carefully read and understand the
Terms and Conditions set out in this Agreement and as amended from
time to time by Blocka Cash (the Terms and Conditions) before downloading or streaming
the App or opening an
account with Blocka Cash which will govern the use and operation of the App and the
After downloading the App, you will be deemed
to have accepted the Terms and Conditions immediately upon your
clicking the “Continue” button during your Loan application on Blocka Cash’s System or
any other button which
signifies your acceptance of these Terms and Conditions and an intention to use the App.
If you do not agree with
the Terms and Conditions please do not click “Continue” in Blocka Cash’s System. Please
note that you will not be
able to access the Services if you decline the Terms and Conditions. If you do not agree
to the Terms and
Conditions, we will not give you access to Blocka Cash Services.
By downloading the App and opening an Account
with Blocka Cash, you agree to comply with and be bound by the
Terms and Conditions governing the operation of the Account and you affirm that the
Terms and Conditions herein
are without prejudice to any other right that Blocka Cash may have with respect to the
Account in law or otherwise.
These Terms and Conditions may be amended or
varied by Blocka Cash from time to time and your continued use
of the Services constitutes your agreement to be bound by the terms of any such
amendment or variation. Blocka
Cash will take all reasonable measures to notify you of any changes.
From time to time updates to the App may be
issued. Depending on the update, 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.
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
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 licensees' 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.
These terms and conditions ("Terms", "Agreement") is an agreement between Blocka Cash
that is operated by James Crown Credit
Limited, and you (the user). This Agreement sets forth the general terms and conditions
of your use of any of its
products or services (collectively, "Mobile Application" or "Services").
3. Grant and scope of licence
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a
non-exclusive licence to use the App on your Equipment, subject to these Terms and
Conditions. We reserve all
other rights. Except as expressly set out in this Agreement or as permitted by any local
law, you agree:
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the
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;
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
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,
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
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).
4. Licence restrictions
You must not:
use the App or any Service in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent
with this Agreement, or act fraudulently or maliciously, for example, by hacking
into or inserting malicious
code, including viruses, or harmful data, into the App, any Service or any operating
infringe our intellectual property rights or those of any third party in relation to
your use of the App or
any Service, including the submission of any material (to the extent that such use
is not licensed by this
transmit any material that is defamatory, offensive or otherwise objectionable in
relation to your use of the
App or any Service;
use the App or any Service in a way that could damage, disable, overburden, impair
or compromise our systems
or security or interfere with other users; and
collect or harvest any information or data from any Service or our systems or
attempt to decipher any
transmissions to or from the servers running any Service.
5. Licence restrictions
5.1 Intellectual property rights
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,
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 Agreement. You acknowledge that you have no right
to have access to
the App in source-code form.
5.2 Use of the services
The Services offered by Blocka Cash can
only be utilized by persons over the age of 18. Blocka Cash
reserves the right to verify the authenticity and status of your Bank Accounts and Bank
Numbers with the relevant Payment System Provider.
Blocka Cash’s acceptance of your
application for an Account will be displayed on the App. You hereby
acknowledge and accept that the acceptance by Blocka Cash of your application for an
Account does not
create any contractual relationship between you and the Payment System Provider.
Blocka Cash reserves the right to decline
your application for a Loan or to revoke the same at any
stage at Blocka Cash’s sole and absolute discretion and without assigning any reason or
giving any notice thereto.
Blocka Cash reserves the right (in its sole
and absolute discretion) to issue, decline to issue a Loan
and/or vary the terms of any Loan depending on its assessment of the credit profile of
each individual borrower
from time to time. The terms of the Loan and the interest rate payable in relation to
each loan application
will be displayed on the App.
5.3 Personal information
You hereby agree and authorise Blocka Cash
to verify information provided by you to Blocka Cash against
the information held by the Payment System Providers pursuant to the agreement between
you and the relevant
Payment System Provider for the provision of its products and services and the
Electronic Payment Service
and any other information bank available to Blocka Cash in Nigeria.
The information that Blocka Cash may verify
against the information held by the Payment System Providers
includes (without limitation): your phone number, name, date of birth, Identification
Number (“ID”) or Passport
Number and such other information that will enable Blocka Cash to identify you and
comply with the regulatory
“Know Your Customer” requirements in your country (together the “Personal Information”).
You hereby agree and authorise Blocka Cash
to 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 Blocka Cash shall
require for purposes of providing you the Services (the “Relevant Information”).
You hereby consent to Blocka Cash verifying
the Personal Information and the Relevant Information with the
Payment System Providers and using the Personal Information and the Relevant Information
to the extent necessary
in Blocka Cash’s opinion.
You hereby agree and authorise Blocka Cash
to obtain and procure your Personal Information and Relevant
Information from your respective Payment System Provider and you further agree and
consent to the disclosure
and provision of such Personal Information by the Payment System Provider and further to
indemnify and hold
Blocka Cash and the Payment System Provider harmless with respect to any claims, losses,
expenses (including legal fees and expenses) that may arise as a result of the
disclosure and reliance on
such Personal Information and/or Relevant Information.
You hereby agree and authorise Blocka Cash
to obtain and procure your Personal Information from the Credit
Reference Bureaus and you further agree and consent to the disclosure and provision of
Information by the Credit Reference Bureaus.
Blocka Cash reserves the right to request
for further information from you pertaining to your application
for an Account at any time. Failure to provide such information within the time required
by Blocka Cash may
result in Blocka Cash declining to accept your application for an Account or a Loan.
Blocka Cash reserves the right to supply
consumer credit information and information about the Borrower
to the Credit Reference Bureaus, and in this regard: you confirm that Blocka Cash may
transmit to the Credit
Reference Bureaus data about the App, opening and termination of an Account by you.
You acknowledge that information on
non-compliance with the Terms and Conditions of this Agreement may
be transferred to the Credit Reference Bureaus; and
The Credit Reference Bureaus may provide
Blocka Cash with a credit profile and possibly credit scores
on your creditworthiness.
6. Requests made by the borrower
You hereby irrevocably authorise Blocka Cash
to act on all Requests received by Blocka Cash from you (or
purportedly from you) through the System or your Equipment and to hold you liable in
respect thereof. Blocka
Cash may nevertheless refuse to carry out any Requests in its sole and absolute
Subject to its discretion, Blocka Cash
reserves the right to reject any Request in relation to a Loan
application from you even if you have previously been issued with a Loan by Blocka Cash.
Blocka Cash 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, Blocka Cash believes
that it can correct
the incomplete or ambiguous information in the Request without any reference to you
Blocka Cash 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 Blocka Cash may act if
Blocka Cash has in
good faith acted in the belief that such instructions have been sent by you.
Blocka Cash may, in its absolute discretion,
decline to act on or in accordance with the whole or any
part of your Request pending further enquiry or further confirmation (whether written or
otherwise) from you.
You agree to and shall release from and
indemnify Blocka Cash against all claims, losses, damages, costs
and expenses howsoever arising in consequence of, or in any way related to Blocka Cash
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, Blocka Cash shall not be liable for any
unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on
by the fact of the knowledge and/or use or manipulation of your Account Personal
password, ID or any means whether or not occasioned by your negligence.
Blocka Cash is authorised to effect such
orders in respect of your Account as may be required by any court
order or competent authority or agency under the applicable laws in your country.
In the event of any conflict between any
terms of any Request received by Blocka Cash from you and this
Agreement, this Agreement shall prevail.
7. Interest and fees
To access our loans, you must be at least 21
years of age. We may require that you provide a valid Government ID.
You can get as little as N5,000 and up to N50,000 and you can pay back between 60 to 180
days. Our usual repayment period is monthly. Our minimum interest rate,
which is determined by our credit scoring algorithm, is 3% per month and a maximum of
10% per month. This comes to an Annual Percentage Rate (APR) of 36% to 120%.
The interest payable by you to Blocka Cash in relation to any Loan shall be displayed by
Blocka Cash on the App. Blocka Cash shall be entitled to set and charge
Transaction Fees, in connection with your use of the Services and from time to time
amend or vary its Transaction Fees for the Services.
If Blocka Cash decides to charge Transaction Fees or were already applicable, vary or
amend its Transaction Fees,
the Transaction Fees payable on any new application for Services will be displayed on
Blocka Cash 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 Blocka Cash’s website.
All payments to be made by you under this
Agreement shall be made in full without any set off or counterclaim
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
Blocka Cash, you shall immediately pay to Blocka Cash such additional amounts as will
result in Blocka Cash
receiving the full amount it would have received had no such deduction or withholding
If you fail to make any payments due to
Blocka Cash at the due date for payment, Blocka Cash will be
authorised to apply late fees on such amount loaned to you at a rate to be communicated
A statement and activity report in respect of
your account will be made available on request. Requests
shall be made via our e-mail address: email@example.com or via a contact link on the
The statement on the App shall provide
details of the last 4 (four) transactions (or such other number of
transactions as determined by Blocka Cash) in your Account initiated from your
Your statement will show all amounts added or
taken from your Account. You must check your statement
carefully and notify Blocka Cash as soon as possible, and no later than 48 hours after
receipt of your statement,
if it includes any transaction or other entry which appears to you to be wrong or not
made in accordance with your instructions.
Blocka Cash reserves the right to rectify
discrepancies, add and/or alter the entries in your statements,
without prior notice to you.
Save for a manifest error, a statement issued
to you in respect of your Account shall be conclusive
evidence of the transactions carried out on your Blocka Cash for the period covered in
All payments to be made by you in connection
with these Terms and Conditions or any Loan provided to
you by Blocka Cash are calculated without regard to any taxes payable by you in your
country. If any
taxes are payable in connection with the payments, you must ensure that you pay such
taxes and that you
pay to Blocka Cash such additional amounts as will result in Blocka Cash receiving the
full amount it
would have received had no such taxes been applicable to the payments.
You hereby consent and agree that Blocka Cash
may withhold amounts in your Account if any tax authority in
your country requires Blocka Cash to do so, or Blocka Cash is otherwise required by law
or pursuant to
agreements with any tax authority to do so, or if Blocka Cash needs to comply with
internal policies or with
any applicable order or sanction of a tax authority in your country. You will, however,
be notified if such
deductions are made.
10. Borrower's responsibilities
You shall at your own expense provide and
maintain in safe and efficient operating order your Equipment
necessary for the purpose of accessing the System and the Services.
You shall be responsible for ensuring the
proper performance of your Equipment. Blocka Cash shall neither
be responsible for any errors or failures caused by any malfunction of your Equipment,
nor shall Blocka Cash
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
you with connection to the Network and Blocka Cash shall not be responsible for losses
or delays caused by
any such service provider.
You shall follow all instructions,
procedures and terms contained in this Agreement and any document
provided by Blocka Cash concerning the use of the System and the Services.
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. Blocka Cash
shall not be liable for
any disclosure of your Credentials to any third party and you hereby agree to indemnify
and hold Blocka Cash
harmless from any losses resulting from any disclosure of your Credentials.
You shall take all reasonable precautions to
detect any unauthorised use of the System and the Services.
To that end, you shall ensure that all communications from Blocka Cash 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. You shall immediately inform Blocka Cash in the event
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
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.
You shall at all times follow the security
procedures notified to you by Blocka Cash 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 confidentiality.
In particular, you shall ensure that the Services are not used or Requests are not
issued or the relevant functions
are not performed by anyone other than a person authorised to do so.
You shall not at any time operate or use the
Services in any manner that may be prejudicial to Blocka Cash.
11. Default on loan
An event of default (Event of Default)
you fail to pay any sum payable under a Loan in accordance with a scheduled
any representation/information, warranty or assurance made or given by the Borrower
in connection with the
application for a Loan or any information or documentation supplied by the Borrower
is incorrect, inaccurate
the Borrower does anything which may prejudice Blocka Cash’s rights under this
you use or attempt to use the App or the Services for an unauthorized purpose; or
the Borrower is declared bankrupt, insolvent or unable to pay his debts as they fall
due under the laws of his country.
At any time after an Event of Default has
occurred which is continuing, Blocka Cash may, without prejudice to
any other right or remedy granted to it under any law:
terminate this Agreement in accordance with clause 12 below;
declare that the Loan (and all accrued interest and all other amounts outstanding
under this Agreement is
immediately due and payable, whereupon they shall become immediately due and
supply information concerning the Event of Default to Credit Reference Bureaus. A
copy of any adverse information
concerning you sent to a Credit Reference Bureau shall be made available to you upon
Blocka Cash reserves the right to assign its right, title and interest under the
Agreement to an external collections
agency who will take all reasonable steps to collect the outstanding Loan (together with
any interest and fees accrued),
and in this regard, Blocka Cash shall have the right to share with such collection
agencies, any information about the
Borrower which it deems relevant.
Blocka Cash also reserves the right to
institute legal proceedings for the recovery of the Loan against you
without any prior notice.
The Borrower shall be responsible for all
legal costs and expenses incurred by Blocka Cash in connection with
any enforcement action taken by Blocka Cash for the collection and repayment of the Loan
(together with any interest
or fees due on the Loan).
In the event that an Event of Default
occurs, the Borrower grants to Blocka Cash the right to notify the Borrower
and any other person who, in Blocka Cash’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 Blocka Cash
12. Variation and termination
Blocka Cash may at any time, upon notice to
you, terminate or vary its business relationship with you and close
your Account and in particular but without prejudice to the generality of the foregoing,
Blocka Cash may cancel
credits which it has granted and require the repayment of outstanding debts resulting
from such credits within such
time as Blocka Cash may determine.
Without prejudice to Blocka Cash’s rights
under clause 12.1, Blocka Cash may at its sole discretion suspend or
close your Account:
you use the Account for unauthorised purposes or where Blocka Cash detects any
abuse/misuse, breach of content,
fraud or attempted fraud relating to your use of the Services;
if your Account or agreement with a Mobile Network Operator is terminated for
if Blocka Cash is required or requested to comply with an order or instruction of or
a recommendation from the
government, court, regulator or other competent authority;
if Blocka Cash reasonably suspects or believes that you are in breach of these Terms
and Conditions (including
non-payment of any Loan amount due from you where applicable) which you fail to
remedy (if remediable) within
14 days after the service of notice by email, SMS or other electronic means
requiring you to do so;
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;
if Blocka Cash 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; or
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
If your Account has a credit balance at any
time as a result of overpayment of your Loan, you may issue a
Request to Blocka Cash for payment of such credit balance and Blocka Cash will return
any such balance to you,
less any applicable fees, provided that such amount falls above the minimum transfer
amounts specified by the
relevant Payment System Provider.
Termination shall however not affect any
accrued rights and liabilities of either party.
If Blocka Cash receives notice of your
demise, Blocka Cash 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. Exclusion of liability
Blocka Cash 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
Blocka Cash’s control including , without limitation, Force Majeure or error,
interruption, delay or non-availability
of the System, terrorist or any enemy action, loss of power, adverse weather or
atmospheric conditions, and failure
of any public or private telecommunications system.
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 unauthorised use of the App.
Blocka Cash will not be liable for any
losses or damage suffered by you as a result of or in connection with:
any defect or fault in the App or any Service resulting from you having altered or
modified the App;
any defect or fault in the App resulting from you having used the App in breach of
the terms of this Agreement;
your breach of any of the Licence Restrictions or the Acceptable Use Restrictions;
unavailability of sufficient funds in your Value Storage Account;
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 legal process or other
payments or transfers thereof; your failure to give proper or complete instructions
for payments or transfers
relating to your Account;
any fraudulent or illegal use of the Services, the System and/or your Equipment; or
your failure to comply with the Terms and Conditions and any document or information
provided by Blocka Cash
concerning the use of the System and the Services.
If for any reason other than a reason
mentioned in clauses 13.1 to 13.4, the Services are interfered with or
unavailable, Blocka Cash’s sole liability under this Agreement in respect thereof shall
be to re-establish the
Services as soon as reasonably practicable.
Save as provided in clause 13.5, Blocka Cash
shall not be liable to you for any interference with or
unavailability of the Services, howsoever caused.
Under no circumstances shall Blocka Cash 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 Blocka Cash.
All warranties and obligations implied by
law are hereby excluded to the fullest extent permitted by law.
In consideration of Blocka Cash complying
with your instructions or requests in relation to your Account,
you undertake to indemnify Blocka Cash and hold it harmless against any loss, charge,
damage, expense, fee or
claim which Blocka Cash suffers or incurs or sustains thereby and you absolve Blocka
Cash from all liability for
loss or damage which you may sustain from Blocka Cash acting on your instructions or
Requests or in accordance
with these Terms and Conditions.
The indemnity in clause 14.1 shall also
cover the following:
All demands, claims, actions, losses and damages of whatever nature which may be
brought against Blocka Cash or
which it may suffer or incur arising from its acting or not acting on any Request or
arising 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 Blocka Cash’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 Blocka Cash.
Any loss or damage that may arise from your use, misuse, abuse or possession of any
including without limitation, any operating system, browser software or any other
software packages or programs.
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.
Any loss or damage occasioned by the failure by you to adhere to these Terms and
Conditions and/or by supplying
of incorrect information or 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 any loss
which may be incurred by
Blocka Cash as a consequence of any breach of these Terms and Conditions.
Any damages and costs payable to Blocka Cash in respect of any claims against Blocka
Cash for recompense for
loss where the particular circumstance is within your control.
15. Communication between us
If the Borrower wishes to contact Blocka
Cash in writing, or if any condition in these Terms and Conditions
requires the Borrower to give notice to Blocka Cash, you can send this to us by e-mail
or to such e-mail address
that may be
communicated to you from time to time. We will confirm receipt of this by contacting you
in writing by e-mail.
If we have to contact you or give you notice
in writing, we will do so by posting such notice on our website;
or by e-mail or sms to the mobile phone number or e-mail address you provide to us in
your request for the App.
16.1 Remedies Cumulative
No failure on the part of any party to exercise, or delay on its part in exercising, any
right, power or remedy
provided by this Agreement or by law shall operate as a waiver thereof, nor shall any
single or partial exercise
of any such right, power or remedy preclude any further or other exercise of that, or
any other, right, power or
16.2 No waiver
No failure by Blocka Cash to exercise, and no delay in exercising, any right or remedy
in respect of any
provision of this Agreement shall operate as a waiver of such right or remedy.
16.3 Effect of invalidity
If any provision or part of a provision of this Agreement shall be, or be 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 Agreement, all of which shall remain in
full force and effect.
17. Entire Agreement
These Terms and Conditions and our Privacy
Policy constitute the entire agreement between you and us and
supersede and extinguish all previous agreements, promises, assurances, warranties,
understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this
Agreement you do not rely on any statement, representation,
assurance or warranty (whether made innocently or negligently) that is not set out in
these Terms and Conditions
You agree with us that neither of us shall
have any claim for innocent or negligent misrepresentation or
negligent misstatement based on any statement in this Agreement.
18. Dispute Resolution
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 Agreement. To this end, the
Parties in dispute shall
each promptly appoint representatives of appropriate standing who shall meet and attempt
to resolve any dispute
between them. In the event that an amicable settlement has not been reached within
thirty (30) days of the parties’
representatives meeting as aforesaid, the following provisions of this clause 18 shall
Any dispute, difference or question whatsoever and howsoever arising out of or in
connection with this Agreement,
save as specifically provided herein, shall be referred for final determination to a
single arbitrator to be
appointed by agreement between the parties hereto or in default of any such
agreement within seven (7) days of
the notification of any dispute by either party to the other then, upon application
by either party, by the
Chairman for the time being of the Institute of Arbitrators in your country (the
Such arbitration shall take place in your country and shall be conducted in
accordance with the applicable
rules of arbitration of the Institute.
To the extent permissible by law the determination of the arbitrator shall be final
and binding upon the
Parties and shall not be subject to any appeal.
Nothing in this clause 18.2 shall restrict either Party’s freedom to commence legal
proceedings of any nature
for the purposes of seeking preliminary injunctive relief or interim or conservatory
measures from any court
of competent jurisdiction pending the final decision or award of any arbitrator.
19. Govering Law
This Agreement shall be governed by and construed in accordance with the laws of your
take the time to read
apply to you.
20.2 Upon downloading the App and clicking the “Accept” or “Continue” or any other
button which signifies your
acceptance of these Terms and Conditions and an intention to use the App, you will be
deemed to have accepted
21. Nigeria specific provisions
These additional terms and conditions shall apply to borrowers or users of the App and
Services who are resident
in Nigeria (“Nigerian Borrower”).
21.1 James Crown Credit Limited Nigeria Entity
The relevant associated Blocka Cash entity in Nigeria is owned by James Crown Credit
Limited, an entity duly incorporated as a
private limited liability company under the Companies and Allied Matters Act Cap C20,
LFN 2004. James Crown Credit Limited is duly authorised to provide short term unsecured
loans to individuals via a mobile lending application.
21.2 Governing law
The Terms and Conditions between James Crown Credit Limited Nigeria and a Nigerian
Borrower shall be governed by and
construed in accordance with Nigerian Law.
21.3 Additional dispute resolution provisions
Notwithstanding any provision to the contrary in this Agreement, James Crown Credit
Limited Nigeria shall have the right
to institute proceedings for recovery of any outstanding amounts against a defaulting
Nigerian Borrower in the
High Court of Lagos State.