Terms and Conditions
This Platform (as defined below) is operated by Mizala Limited (“Mizala”), an information and communication technology company that deploys technology solutions for the benefits of several organisations across Nigeria. MizalaTech Staff (Lekki) Cooperative Multipurpose Society Limited (the “Cooperative”) is a cooperative society registered under the Cooperative Societies Law of Lagos State with the main purpose to achieve economic advancement and breakthrough of its members by ensuring that economic welfare of the members are adequately protected, including protecting the members against the occurrence of possible eventuality, financial protection, amongst others. In achieving the economic breakthrough and advancement of the members of the Cooperative, the Cooperative sources for and identify opportunities which it offers to its members for their joint participation. The Cooperative also permits members to source for such opportunities and present same for the joint participation of other willing members, under the supervision of the Cooperative. Further to the foregoing and in an attempt of the Cooperative to leverage technology and fully digitalise its processes, the Cooperative executed a Service Level Agreement with Mizala Limited (“Mizala”) for the deployment of this Platform to digitalise the processes of the Cooperative, including onboarding members, registration of members, virtual communication amongst members, receiving of contributions and dues from members through the Platform, listing several economic opportunities sourced and requested by the Cooperative to be made available for the benefit of the members. The essence of the deployment of the Platform by Mizala for the Cooperative is to ensure that the traditional process and relationship between members of a cooperative and the cooperative is fully digitalised for the benefit of the Cooperative and its members.
The Platform, Mizala Logo, branding and other works in respect of which intellectual property rights may subsist shall remain the intellectual property of Mizala and the rights in those works shall remain vested in Mizala
By clicking the "accept" or “ok” button or installing and/or using the Mizala mobile software application (the "App") or any of the services offered by Mizala, you expressly acknowledge and agree that you are entering into a legal agreement with Mizala (“we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by these terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Terms, please do not download, install or use the App and remove it from your device or use any of the services provided by Mizala (including those provided via the Platform).
- Introduction:These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”) govern your access, download and use of the Platform, including any content, component, functionality and/or service offered on or through the Platform. “Platform” shall refer to all the information and telecommunication technology owned, controlled and deployed by Mizala Limited (“Company” or “Mizala” or “we” or “our” or “us”), including but not limited to the website located at p2p.mizala.co, mobile or web application, whatsapp, telegram or other instant messaging application, etcetera for the benefit of the Cooperative and the purpose of its members. All reference to “you” or “your”, as applicable, mean a user and/or the Person who accesses, uses and/or participates in Platform in any manner, and such Person’s heirs, assigns, and successors. If you use the Platform on behalf of an entity, “you” or “your,” as applicable, means that entity and its affiliates and their respective directors, officers, employees, and agents.
- Ability to Accept:By installing the App or using the Platform or accessing the services provided by Mizala, you affirm that you are over eighteen (18) years old and unconditionally accept to be a member of the Cooperative. If you are under eighteen (18) years old, you affirm that, prior to installing the App or using the Platform or accessing the services provided by Mizala, you have reviewed this Terms with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
- App License and Means of Access: Subject to the Terms, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license to: (i) download, install and use the App or the Platform or access the services provided by Mizala on a mobile telephone, tablet or device (each a "Device") that you own or control; and (ii) access and use same on that Device in accordance with this Terms and any applicable Usage Rules (defined below). The App or Platform or the services can also be accessed on a web based Device with internet access or a mobile Device with an Android or iOS operating system. Although you may use other means to access the App or the Platform or the services, be aware that the Platform may not appear accurately through other access methods and you agree that you use those means and/or access the App or the Platform or the service through those means only at your own risk.
- License Restrictions: You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App or the Platform; (ii) make the App or Platform available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App or the Platform; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or the Platform or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App and the Platform or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App and the Platform; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App or the Platform; (vii) use any communications systems provided by the App or the Platform to send unauthorized and/or unsolicited commercial communications; (viii) use ours or our licensors’ name, logo or trademarks without our prior written consent; and/or (ix) use the App or the Platform to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Terms.
- Account: In order to use some of the App or the Platform features you may have to create or use an account (an "Account"). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. In addition, the App may require you to login with your email account (the “User Account”), and all obligations applicable to the Account shall also apply to use of your User Account with this App and the Platform. By creating the User Account or using the services provided by Mizala, you agree to be a member of the Cooperative, which would require the provision of certain personally identifiable information, including but not limited to your name, your phone number, your address, your email address, etcetera (“User information”). You will select your own password at the time of registration, and you agree that:
- You will not use a username (or e-mail address) that is already being used by someone else, or that infringes the intellectual property or other right of any person or entity, or is offensive;
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process;
- You are solely responsible for all activities that occur under your User Account, password, and username;
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to the User Account or your Device so that others may not access any password protected portion of the App or the Platform using your name, username, or password;
- You will immediately notify us of any unauthorized use of your User Account, password, or username, or any other breach of security; and
- You will not sell, transfer, or assign your User Account or any Account rights.
OPTING TO CREATE AN ACCOUNT ON THE APP OR PLATFORM OR ACCESSING THE SERVICES PROVIDED BY MIZALA, SATISFIES THAT YOU HAVE ACCEPTED ALL OUR TERMS AND CONDITIONS AND AGREED TO BE A MEMBER OF THE COOPERATIVE AND BE BOUND BY THE CONSTITUTION, BY-LAWS, THE OTHER CONSTITUTIONAL DOCUMENTS OF THE COOPERATIVE, AND THE APPLICABLE LAW ON COOPERATIVE SOCIETIES IN NIGERIA.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Terms or any applicable law, then we may suspend or terminate your User Account without recourse to you. You agree that you will make available upon request, up to date identification and any other additional information, in order to keep it true, accurate and current. We also reserve the more general and broad right to terminate your User Account or suspend or otherwise deny you access to it or its benefits or the benefits of the Cooperative – all in our sole discretion, for any reason, with or without notice to you and without liability.
Where we find out that ny information or data that has been provided by you is incorrect or inaccurate, we possess the discretion to withhold and deny you of any benefit that would have been otherwise accruable to you under the App, the Platform, any services provided by Mizala or any benefit of being a member of the Cooperative.
You hereby expressly authorise us to transfer any of the User Information, without any recourse to you, to the Cooperative.
You are solely responsible for ensuring the safety of your User Account. You must install the latest version of any applications that we publish from time to time. These updates often include improved security or fixes for recently discovered vulnerabilities. We will only take reasonable steps consistent with our legal duties to protect your User Account and secure it, however we are not liable for security breaches that may occur where we have complied with those obligations or where same is due to your fault, negligence or misconduct.
- App or Platform Usage Rules:If you are downloading the App or the Platform or accessing the services provided by Mizala from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the App, the Platform or the services ("Usage Rules"). You acknowledge that, prior to downloading the App or the Platform or accessing the services provided by Mizala from a Distributor, you have had the opportunity to review and understand, and will comply with its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App or the Platform or accessing the said services; if you are unable to make such a representation you are prohibited from installing and/or using the App or Platform or accessing the services provided by Mizala.
- Your Duty to Regularly Review these Terms: Your use of the App or the Platform or the services provided by Mizala is governed by the version of the Terms in effect on the date the App or Platform or the services are accessed by you. Mizala may modify these Terms at any time and without notice, and upon such modification, you become bound by the Terms as have been modified. You should review the most current version of these Terms by regularly visiting the App or the Platform and clicking on the Terms and Conditions hyperlink.
- Third-Party Provider Services: The App or the Platform may offer you the option to enter into relationships and agreements with third-party service providers for access to additional services, and as a condition to having access to those third-party provider services, you may be required to enter into various agreements with a third-party provider such as, for example, buy-now-pay-later or any other kind of services. Mizala does not make any representation as to the expertise or qualification of any third-party provider and shall not have any liability that may arise pursuant to your engagement, arrangement or agreement with the third-party provider
- While we have put resources into building and testing our application, glitches, slowdowns, and crashes may occur. We will also need to restrict access to some parts of our App or Platform or the services to perform routine maintenance. We will try to schedule our maintenance during the middle of the night, however, in urgent circumstances, we will schedule maintenance immediately even where same falls during the daytime. While it is our intention that the App or the Platform and the services will be available seven days a week except when maintenance is scheduled (usually for weekends or any other day in the case of an emergency), you understand that we do not guarantee that you will always be able to access the App, the Platform or the services provided by Mizala. You also understand that there will be various opportunities available on the Platform or the App, which you understand are supported by the Cooperative (which opportunities are referred to as the “Products”). You understand that the Products are only available to individuals who create a User Account and provide all the necessary registration requirements for the Platform and membership of the Cooperative, including payments for the Products. You understand that we reserve the right to modify or change our App or the Platform or any other service available provided by Mizala, where prompted by the Cooperative, or change any of the offerings, Products or process when so prompted by the Cooperative, temporarily or permanently with or without prior notice to you. Hence, it is your sole responsibility to visit the App or Platform from time to time to keep yourself abreast of whatever changes may have occurred as at each relevant date.
- Before making any decisions based on the Products or services available on the Platform or the App, you are solely responsible for evaluating the merits and risks associated with the use of any such Products or service. You agree not to hold Mizala liable for any possible claim for damages arising from any decision you make based on the Products, the services or other information made available to you through the App or the Platform. Past performance data should not be construed as indicative of future results. You understand that Mizala is a mere agent only deploying the App or the Platform for the use of the Cooperative, and your claims under any case whatsoever shall lie solely against the Cooperative.
- All transactions on the App or the Platform or pursuant to the other services offered by Mizala are communicated by Mizala to the Cooperative and the decision to accept to reject same is at the sole discretion of the Cooperative.
- You acknowledge that it may not be possible to cancel/modify an order or instruction that you may have already made through the App or Platform in respect of any of the Products.
- You hereby explicitly agree that Mizala may send you messages through the App or the Platform, including of a commercial nature. In addition, the Platform or the App may permit you to send messages to a third party source or to other App or Platform users ("Messages"). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us and the Cooperative, a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 8 (User Submissions) below shall also apply to Messages that you send via the App or the Platform.
- The App or the Platform may permit the hosting, sharing, posting, and publishing of content by you and other users ("User Submissions"). Unless otherwise notified for particular features, your User Submissions may be posted to the App, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We and the Cooperative have complete discretion whether to publish your User Submissions and we and/or the Cooperative reserves the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
- Ownership: You represent and warrant that you own or have the necessary rights and permissions to use and authorize us and/or the Cooperative to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
- Exposure:You understand and acknowledge that when accessing and using the App or the Platform: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent or otherwise objectionable.
- Disclosure:We and/or the Cooperative reserve the right to access, read, preserve, and disclose any User Submission or any other information that we and/or the Cooperative obtain in connection with the App or the Platform as we and/or the Cooperative reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, (v) protect the rights, property or safety of the Licensor, our licensors, our users or the public, (vi) provide the benefits of the Products to the users.
- Prohibited Content:You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Terms.
- Ownership: The App and/or the Platform is licensed and not sold to you under this Terms and you acknowledge that Mizala and the Cooperative retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App and the Platform (and its related software). We reserve all rights not expressly granted herein to the App and/or the Platform. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
- Content: The content on the App and/or the Platform (other than your personal data), including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the "Materials"), and the User Submissions, and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials and User Submissions, the "Content"), is the property of the Mizala, and may be protected by applicable copyright or other intellectual property laws and treaties.
- Use of Content:The content on the App and/or the Platform is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.
- The license granted to you hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the App or the Platform unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App or the Platform. However, in the case that you desire to subscribe to a Product or enjoy the benefit of any Product, you shall comply with the terms of the Product, including payment for the Product in accordance with the terms of the Product.
- Please be aware that your use of the App and/or the Platform may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
- We attempt to be as accurate as possible. However, neither we nor the Cooperative can or do warrant that the content available on the App or the Platform is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content. It is therefore your responsibility to visit the App and/or the Platform to keep yourself abreast of any changes or modifications that may have occurred in respect of the App and/or Platform.
- You represent and warrant to Mizala that
- all information, including, without limitation, personal information, that you provide to us is accurate and truthful,
- the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
- THE APP AND/OR PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
- WE DO NOT WARRANT THAT THE APP AND/OR PLATFORM WILL OPERATE ERROR-FREE, THAT ALL CONTENT ON THE APP AND/OR PLATFORM WILL BE ACCURATE, THAT THE APP AND/OR PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP AND/OR PLATFORM. YOU AGREE THAT NEITHER WE NOR THE COOPERATIVE WILL BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
- IF YOU HAVE A DISPUTE WITH ANY OTHER APP AND/OR PLATFORM USER, YOU AGREE THAT NEITHER WE NOR THE COOPERATIVE ARE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
- UNDER NO CIRCUMSTANCES SHALL MIZALA AND/OR COOPERATIVE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS TERMS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, THE PLATFORM OR ACCESS THE PRODUCTS OR THE BENEFITS OF THE PRODUCTS EVEN IF MIZALA AND/OR THE COOPERATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN ANY EVENT, MIZALA’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS TERMS, OR THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE THE APP OR PLATFORM OR ACCESS OR BENEFIT FROM THE PRODUCT, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO MIZALA FOR THE RELEVANT PRODUCT WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A LIABILITY CLAIM.
You agree to defend, indemnify and hold harmless us, and our respective officers, directors, employees, agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App and/or the Platform or access to the services offered by Mizala; (ii) your violation of this Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
We may from time to time provide updates or upgrades to the App and/or the Platform (each a "Revision") but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App and/or the Platform. All references herein to the App and/or Platform shall include Revisions. This Terms shall govern any Revisions that replace or supplement the original App and/or Platform, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Portions of the App and/or the Platform may include third party open source software that are subject to third party terms and conditions ("Third Party Terms"). If there is a conflict between any Third Party Terms and the provisions of the Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Terms to the contrary, Mizala does not makes any warranty or indemnity hereunder with respect to any third party open source software.
- The App and/or Platform enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The App may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.
- We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
- By using the App and/or the Platform you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
- You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Mizala and/or the Cooperative, and release Mizala and/or the Cooperative from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
- This Terms is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App and/or the Platform or any of the Products or any other service that may be made available by Mizala; and/or (ii) terminate this Terms and your use of the App and/or the Platform or any of the Products or any other service that may be made available by Mizala with or without cause and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Terms or any subsequent modifications thereto or become dissatisfied with the App and/or the Platform in any way, your only recourse is to immediately discontinue use of the App and/or the Platform
- Upon termination of this Agreement, you shall cease all use of the App and/or the Platform. This Section 20 and Section 9 (Intellectual Property Rights), Section 6 (Privacy), Section 13(b) (Warranty Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnity), Section 18 (Third Party Open Source Software) and Section 21 (Assignment) to Section 24 (General) shall survive termination of this Terms.
This Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Mizala and/or the Cooperative without restriction or notification.
We reserve the right to modify this Terms at any time by sending you an in-App notification and/or publishing the revised Terms on the App and/or the Platform or our website. Such change will be effective on the date of the publication of the changes, and your continued use of the App and/or Platform thereafter means that you accept those changes.
This Agreement shall be governed by and construed in accordance with the law of the Federal Republic of Nigeria, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts of competent jurisdictions in Lagos, Nigeria and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
This Terms, and any other legal notices published by us in connection with the App and/or the Platform, shall constitute the entire agreement between you and Mizala concerning your right to use the App and/or the Platform. In the event of a conflict between this Terms and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Terms will be binding unless published by Mizala on the App and/or the Platform. If any provision of this Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms, which shall remain in full force and effect. No waiver of any term of this Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Terms shall not constitute a waiver of such right or YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP OR THE PLATFORM OR THE PRODUCTS OR OTHER SERVICES THAT MAY BE MADE AVAILABLE BY MIZALA MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
Peer to Peer Device Insurance (“Device P2P”)
Mizala’s Device P2P shows a network of members pooling their premiums together to insure against a common risk. It is an easier and cheaper way to protect the things that matter most to members.
You agree that the Device P2P only covers the repair of your insured gadget, where same was damaged due to no fault of yours. You agree that You will not be entitled to a repair where it is proven either by evidence or face value that Your negligence, misconduct or fault occasioned the damage to the insured device. Mizala has the right, when you file a claim, to request that You give a detailed narration of how the device got damaged and that You supply relevant evidence. Where Mizala makes such request, You shall immediately supply the detailed information and relevant evidence as may be requested or required to buttress Your claim. You agree that where Mizala is of the sole opinion that the evidence supplied or the narration made by You is not sufficient to proof that Your device was damaged outside of Your negligence, misconduct or fault, Mizala has the sole discretion to dishonor your claim or tag same as being fraudulent. In the case of a fraudulent claim or in the case of identity theft, Mizala reserves the right to make a further report to the relevant law enforcement agencies and provide them with the relevant particulars, including personal data. You hereby expressly permit and authorise Mizala to provide the law enforcement agencies with your personal data in the case that you are suspected of having filed a fraudulent claim or committing identity theft or misrepresentation.
You agree that the Device P2P only covers repair of damages listed in the table below and does not cover loss or stolen devices or where the device has been completely destroyed or damaged. Therefore, where a damage event as listed in the table below occurs to a device, Mizala’s only obligation is to deploy its endeavour to procure the repair of the said device to the extent of the repair cost cap and/or number of repairs as set in the table below. Where Mizala hands off a damaged device to its repair partner, and its repair partner gives professional advice that the damage on the device cannot be repaired, Mizala shall be deemed to have discharged its obligations under the terms in respect of Device P2P, and You shall have no further claim against Mizala in respect of such damage on that device. Mizala’s sole obligation after such professional advice, shall be to procure that the device is handed back to You.
Plans : There are three (3) plans for the Device P2P to wit: a. The Premium Plan (which is a yearly plan and subscribed to at N5,000 (Five Thousand Naira) only per year; b. The Standard Plan (which is a 5 (six) months plan and subscribed to at N1,500 (One Thousand and Five Hundred Naira) only for every 6 (six) months; and c. The Basic Plan (which is a monthly plan and subscribed to at N300 (Three Hundred Naira) only for each month.
Plan, Cap and Accessibility:
Plan Premium Standard Basic No. of repairs per year 6 3 3 Aggregate Repair Cost for the year ₦1.5m ₦800k ₦200k Phone Screen ✓ ✓ ✓ POS Device Screen ✓ ✓ ✓ Laptop Screen and Keyboard ✓ 🗙 🗙 Back Glass ✓ 🗙 🗙 Device buttons ✓ 🗙 🗙 Camera, Battery, Speakers, Charging port (phone-only) ✓ 🗙 🗙
Repairs : You agree that the Device P2P shall only be a secondary protection, such that where Your covered device is the beneficiary of a manufacturer or third party warranty, You shall first explore and exhaust all such options before a claim is filed with Mizala. Where you file a claim, Mizala reserves the right to ask questions to confirm if there are such warranties and where it discovers that they exist, Mizala shall have the right to direct that You first explore such options. It is where Mizala is of the considered opinion that You have explored such options without success, that Mizala shall have the obligation to consider Your claim.
In repairing covered devices in respect of covered damages, We send all devices to our repair partners to ensure quality repair service and the use of original parts in the event of replacement. You agree that We do not have an obligation to give cash out in the event of a claim. We will advice You of a repair partner close to You and You have the obligation and will ensure that the device is delivered to the said repair partner and that the device is picked up from the repair partner in accordance with the communications received from Mizala. Mizala may, however, in its discretion (and not as an obligation) provide pickup and delivery services. You agree that you will pay 10% of the total cost of repairing the device back to Mizala, as Mizala commission.