Terms of use

1. About these Terms of Use

Please carefully review these Terms of Use. By registering for or utilizing any aspect of the Blazeloan service ("Service"), you acknowledge that you have read, comprehended, and agreed to these Terms of Use, and you accept that you are legally bound by them. This document serves as both an electronic financial service and an end-user license agreement. If you do not consent to these Terms of Use, you are not permitted to access or use the Service. This agreement is legally binding between you, as the individual user ("You" or "Your"), and Blazeloan ("We", "Us", or "Our"). The Terms of Use, including any changes or modifications to them, become effective on the date they are published.

The Terms of Use, along with any changes or modifications made to them, become effective on their respective dates of publication.

2. Definitions and Interpretation
2.1 Within the context of these Terms of Use, the terms listed below are defined as follows:

- "Affiliate" refers to any entity that has authority over, is under the authority of, or shares common authority with a party. Here, "control" denotes the lawful ability to guide or influence the general strategies and policies of the entity, whether by holding voting rights, through contractual agreements, or by other means. The terms "controls" and "controlled" should be understood in relation to this definition.

- "Account" refers to your personal account created for navigating the System and utilizing the Service.

- "App/Application" signifies the digital application provided by Us and/or Our Affiliate Companies that enables you to access the Service.

- "Applicable Law" encompasses all relevant legal statutes, local laws, enactments, regulations, regulatory policies, ordinances, agreements, industry standards, traffic codes, permits required by regulators, licenses, or any demands from courts, tribunals, or government, statutory, regulatory, judicial, administrative, or oversight bodies or organizations, which are valid and enforceable during the duration of these Terms of Use.

- "Business Day" is any day that is not a Saturday, Sunday, or an official or national holiday within The Republic of Côte d'Ivoire.

- "Credentials" are the unique personal identifiers you use to log into the App/Service and manage your Account.

- "Group Companies" refers to an entity and its Affiliates (with "Group Company" being interpreted in a similar manner).

- "Loan" signifies the original sum of money lent or to be lent by Us to You as per these Terms of Use, which may be transacted through the App, or refers to the currently outstanding principal amount of such a loan.

- "Local Terms" are additional or varying terms that apply specifically to certain countries, cities, municipalities, metropolitan areas, or regions that are relevant to You, as provided and periodically updated by Us.

- "Mobile Device" encompasses Your mobile phone, SIM Card, and/or any other devices such as laptops, desktop computers, tablets, and other portable or stationary devices/equipment that together enable You to connect to the network and operate the App.

- "Mobile Money Account" denotes Your mobile money balance, which is the record kept by Mobile Money Providers in Côte d'Ivoire indicating the amount of electronic money (E-Money) you possess at any given time within the Mobile Money Provider’s system.

- "Mobile Money" is the service for transferring funds and making payments that is managed by Mobile Money Providers in Côte d'Ivoire.

- "Mobile Network Operator" is any telecommunications service provider in Côte d'Ivoire that is registered with the Autorité de Régulation des Télécommunications/TIC de Côte d'Ivoire (ARTCI).

- "Mobile Money Service" refers to the fund transfer and payment service rendered by Mobile Money Providers via the Mobile Money System.

- "Mobile Money System" denotes the infrastructure managed by Mobile Money Providers in Côte d'Ivoire to facilitate the Mobile Money Service.

- "Policies" are any rules, guidelines, or instructions that apply to You as a user, as communicated to You by Us occasionally, and which may be revised by Us over time.

- "Personal Information" is any data, whether accurate or not, about an individual who can be identified from that data, or from that data in conjunction with other information that We may access. This could include a person’s name, Bank Verification Number (BVN), birth date, gender, educational background, religion, photograph, home address, email address, employment details, marital status, emergency contact, telephone number, SIM card specifics, financial and credit details (such as Mobile Money Account information, bank account data, and bank verification numbers, if applicable), Account ID, and/or password for accessing the App after sign-up, along with any other data which, when paired with additional information, allows for the identification of an individual.

- "Request" means any instruction or appeal sent to Us by You or appearing to be sent by You through the System, which We are authorized to follow.

- "Service" encompasses any financial service or product that We may provide to You under these Terms of Use, and which You may subscribe to at any given time; "Service" should be interpreted accordingly.

- "SIM Card" is the subscriber identity module that, when utilized with a compatible mobile handset, enables You to access the network and manage the Mobile Money Account.

- "SMS" stands for short message service, which allows for the sending of text messages from Your Mobile Device to another.

- "Specific Terms" are additional or different terms that may be applicable to particular sections of the System and/or Service, as notified to You occasionally.

- "System" refers to the Blazeloan infrastructure provided by Us to offer the Service to users, which includes the App, related software, websites, platforms, and other supporting systems and services.

- "Territory" indicates the area where You utilize the Service and the System.

- "Transaction Fees" include any costs and charges incurred for using the Service, as listed by Us within the App or by other means as We may solely decide. Transaction Fees are subject to modifications at Our exclusive discretion.

- "Website" signifies any online site operated by Us or Our Group Companies at any point in time.

2.2 Within these Terms of Use:
(a) the term "writing" does not encompass emails unless explicitly stated otherwise; and
(b) any phrase following "including", "include", "in particular", "for example", or any similar expression should be considered as an example and does not limit the scope of the words that come before.

The original version of these Terms of Use is composed in English. In cases where these Terms of Use have been translated into other languages, the English version takes precedence. Should there be any discrepancies, the order of priority will be: firstly, (i) the Local Terms (if applicable); secondly, (ii) the Specific Terms (if applicable); and thirdly, (iii) the remaining sections of these Terms of Use.

3. Your Guarantees/Obligations
You hereby affirm and pledge to Us that:
3.1 You possess the necessary legal authority and capacity to agree to and be bound by these Terms of Use and to fulfill your commitments hereunder;
3.2 You will consistently abide by all Applicable Law and these Terms of Use, and will inform Us if you ever contravene any Applicable Law or these Terms of Use;
3.3 You will use the System and the Service solely for legitimate purposes and in the manner they are intended to be used;
3.4 You will ensure that all documents, Personal Information, and Credentials that you provide to Us or through the System are always accurate, up to date, complete, and not misleading;
3.5 You will use only the internet access point and Account that you have the legal right to use;
3.6 You will refrain from any activities that are fraudulent, deceptive, or misleading;
3.7 You will not disrupt or bypass the proper functioning of the network on which the System operates.

4. Acceptance of these Terms of Use

4.1 It is imperative that you read and fully comprehend the provisions outlined in these Terms of Use, which We may modify from time to time, before you proceed to download or stream the App or create an Account with Us. These will dictate the use and management of both the App and your Account.

4.2 Upon downloading the App, your act of selecting the “Accept” option presented by Our System, which prompts you to affirm your reading, understanding, and agreement to adhere to these Terms of Use, will be taken as your acceptance of these Terms.

4.3 By downloading the App and setting up an Account, you consent to abide by these Terms of Use that regulate the operation of your Account, acknowledging that these terms are in addition to any other legal rights We may hold concerning your Account.

4.4 We may alter or modify these terms at our discretion over time, and your ongoing use of the Service signifies your consent to be legally bound by any such changes or modifications. We commit to making reasonable efforts to inform you of any such updates.

4.5 Occasionally, updates for the App may be released via the Website. You might be required to download or stream the most recent version of the App and accept any new terms before you can continue using the Service, depending on the nature of the update.

4.6 By utilizing the App or any part of the Service, you are giving your consent for us to gather and use technical details about your Mobile Device and its related software, hardware, and peripherals that are internet-connected or wireless, with the goal of enhancing our products and providing the Service to you.

4.7 When you use the App and Service, you grant Us permission to exchange your credit data, both positive and negative, with a Credit Reference Bureau, and to access your credit report for the purpose of credit scoring/assessment.

4.8 You explicitly authorize Us to reach out to you or your emergency contact—who must have given their express consent—to confirm your details or when we cannot reach you through other means or if we have not received your payment as per the Loan terms detailed in Clause 11.

4.9 By submitting your bank card details for verification, you grant Blazeloan and any associated third-party payment institutions the authority to automatically deduct the outstanding amount from your bank card if you fail to repay the loan on the agreed repayment date.

5. Your Use of the Service
5.1 The Service we provide is only available to individuals who are 18 years old or older. We may verify the validity and status of your Mobile Money Account with the corresponding Mobile Money Provider.

5.2 When your application for an Account is accepted, this will be indicated on the App. You understand and agree that our acceptance of your application does not establish any contractual relationship between you and the Mobile Money Providers, except for the terms and conditions that govern your Mobile Money Account at any given time.

5.3 We have the authority to reject your application for a Loan or to cancel an approved Loan at any time at our absolute discretion, without the need to provide a reason or notice.

5.4 We maintain the sole and complete discretion to grant or refuse a Loan and/or alter the Loan's terms based on our periodic assessment of your credit profile. The App will display the specific terms of the Loan and the interest rate applicable to each Loan application.

6. Your Use of the System
Rights granted and reserved
6.1 Provided you adhere to these Terms of Use, we and our licensors (if any) grant you a revocable, limited, non-exclusive, non-transferable, royalty-free license to access and use the System in the Territory, solely for your personal use in order to obtain our Service.

6.2 We and our licensors (if any) reserve all rights not explicitly granted to you. These Terms of Use do not convey any ownership rights of the System to you.

Prohibited behavior:
6.3 In your use of the System, you must not:
- 6.3.1 Grant licenses, sublicense, sell, resell, transfer, assign, distribute or make the System available commercially to third parties;
- 6.3.2 Alter or create derivative works from the System, decompile, or attempt to discover the System's underlying software;
- 6.3.3 Use the System to create a competing service, create a product with similar concepts, functions or visuals as the System, imitate any part of the System, or run automated programs that might send numerous server requests per second or impair the System's operation or performance, or try unauthorized access to the System or related networks;
- 6.3.4 Utilize any tools or processes to extract data, index, "data mine", or bypass the navigational structure, design, or content of the System;
- 6.3.5 Upload, disseminate or replicate copyrighted materials, trademarks, or proprietary information without prior permission from the rights holders, or remove any proprietary notices from the System;
- 6.3.6 Transmit or store materials for illegal or fraudulent activities;
- 6.3.7 Send spam or unsolicited communications, or cause annoyance, inconvenience, or make false bookings;
- 6.3.8 Transmit material that is illegal, obscene, threatening, defamatory, or otherwise inappropriate;
- 6.3.9 Send harmful computer codes like viruses, worms, trojan horses, or other malicious software;
- 6.3.10 Disrupt the integrity or performance of the System or its data;
- 6.3.11 Falsely impersonate any person or entity, or misrepresent your association with any person or entity;
- 6.3.12 Intentionally misreport your location;
- 6.3.13 Provide false information about yourself that could affect our decision to conduct any business with you;
- 6.3.14 Harm the reputation of us or any of our Group Companies;
- 6.3.15 Collect or harvest data from any Service or our systems, or attempt to decrypt any transmissions to or from the servers running any Service.

7. Managing Your Account
7.1 To use the System, you must create and maintain an active user Account on the App.

7.2 You are accountable for all actions taken through your Account. You are required to:
7.2.1 maintain only one Account;
7.2.2 keep your Account details private and secure;
7.2.3 refrain from granting access to your Account to anyone else, including not transferring your Account or its information to another person;
7.2.4 promptly inform us of any suspected unauthorized access or use of your Account.
7.3 We retain the right to restrict or terminate access to your Account and/or the App's features, without affecting our other rights and remedies:
7.3.1 if you breach any term of these Terms of Use, in our sole judgment;
7.3.2 during an investigation;
7.3.3 if you have any outstanding debt or taxes to us or our Group Companies;
7.3.4 if these Terms of Use are terminated for any reason;
7.3.5 at any other time at our reasonable discretion.

8. Handling Your Personal Information
You consent to our use and processing of your Personal Information as outlined in our Privacy Policy, as it may be updated by us.

9. Acting on Your Requests
9.1 You irrevocably authorize us to act on all Requests we receive from you (or apparently from you) through the System, holding you responsible for them.
9.2 We may refuse any Request related to a Loan application from you, even if we've previously granted you a Loan, at our discretion.
9.3 We may act on any Request, even if incomplete or unclear, if we believe we can rectify the incomplete or unclear information without needing to consult you.
9.4 We are deemed to have acted properly on any Request, even if sent in error or fraudulently, if we acted in good faith believing the Request came from you.
9.5 We may choose not to act on your Request until further inquiry or confirmation from you.
9.6 You agree to release and indemnify us from any claims or losses arising from us acting on your Requests.
9.7 We are not liable for any unauthorized activity on your account due to the knowledge or use of your PIN, password, ID, or negligence on your part.
9.8 We may execute orders on your Account as required by legal orders or authorities.
9.9 In case of conflict between your Request and these Terms of Use, the Terms of Use will prevail.

10. Your Obligations
10.1 You must provide and maintain your Mobile Device at your expense to access the System and Service.
10.2 You are responsible for ensuring your Mobile Device functions correctly; we are not liable for malfunctions or viruses related to your device.
10.3 It's your duty to download the correct App for your Mobile Device; we're not accountable for compatibility issues.
10.4 If your Mobile Device is lost, stolen, broken, or out of your possession, potentially exposing your Account or affecting our rights, you must immediately notify us.
10.5 You are responsible for any fees related to internet and mobile services required to use the System.
10.6 You must adhere to all instructions and terms provided by us regarding the System and Service.
10.7 You must take precautions to detect unauthorized use of the System and Service and inform us immediately if you suspect any security breaches or unauthorized activities.

11. Financial Terms: Interest and Fees
11.1 Interest rates on Loans provided by Us will be shown on the App. We have the right to establish and modify Transaction Fees related to your use of the Service. Any changes, including the introduction or adjustment of Transaction Fees, will be displayed on the App, and we will endeavor to inform you in advance of these changes.

11.2 All your payments under these Terms must be complete and without deductions unless required by law. If you must deduct taxes from payments to Us, you are required to pay additional amounts to ensure we receive the full payment.

11.3 Late payment of any amounts owed will incur late fees, the rate of which will be pre-notified on the App.

Taxes
11.4 You are responsible for any taxes associated with payments, and must pay additional amounts to cover the tax, as demanded by Us, even after the termination of our relationship.

11.5 We may withhold amounts from your Account to comply with tax laws or internal policies.

Payments
11.6 You must pay the principal, interest, Transaction Fees, and taxes related to the Loan by the methods and due dates specified on the App.

11.7 Payments must be in the local currency of the Territory.

12. Default
12.1 A default occurs if you fail to pay due amounts within fifteen days (unless due to administrative or technical errors) or if you are declared bankrupt.

12.2 Upon a continuing default, we may terminate these Terms, demand immediate payment of the Loan, report to Credit Bureaus, and impose late fees as specified on the App.

13. Term and Termination
13.1 These Terms will continue until terminated.

13.2 We may terminate or suspend your access for any reason upon notice, or without notice if you breach these Terms, if your Mobile Network Operator or Mobile Money Provider agreement is terminated, due to technical or safety reasons, account inactivity, or legal or regulatory requirements.

13.3 Upon termination, you must promptly pay any outstanding amounts and remove the App from your devices.

13.4 Termination does not affect accrued rights and liabilities.

13.5 After termination, no further rights or obligations remain, except for clauses that are intended to survive termination.

14. Indemnities and Limitation of Liability
Indemnities
14.1 You agree to protect, indemnify, and hold Us and our licensors, affiliates, and their respective officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) resulting from your violation of these Terms of Use or any law, or your use of the System and Service.

Exclusion of Liability
14.2 We are not liable for losses caused by failure or unavailability of your Mobile Device or circumstances outside our control, such as Force Majeure or system failures.

14.3 You accept that the App may not meet your specific needs and acknowledge it is your responsibility to ensure its functions meet your requirements.

14.4 We provide the App strictly for personal use and are not liable for any commercial losses you may incur.

14.5 We will not be liable for losses resulting from the misuse of the App, breaches of these Terms, insufficient funds in your account, System malfunctions, or unauthorized use of the Service or System.

14.6 We are not responsible for indirect losses, including lost profits or savings.

14.7 Our total liability in connection with the App, System, Service, or these Terms is limited to the Transaction Fees you have paid to Us.

14.8 Claims against Us must be made within six months of the incident, or your rights to the claim are forfeited.

14.9 We are not responsible for communication malfunctions, transmission delays, viruses, unauthorized interceptions, or third-party content.

15. Third-Party Sites
15.1 We may provide links to third-party websites or applications, but this is not an endorsement of their content.

15.2 We do not guarantee the content, security, or operation of any third-party sites or applications and are not responsible for any infringement claims or viruses associated with them.

15.3 Third-party sites or apps may have different privacy policies and security measures.

16. Consent to Marketing Communications
By using the Services, you consent to receive marketing communications from us. If you prefer not to receive these, you can opt out as indicated in the communications.

17. Dispute Resolution
17.1 These Terms of Use and any disputes related to them will be governed by the laws of Côte d'Ivoire, unless local laws of your Territory dictate otherwise.

17.2 Disputes arising from these Terms will be resolved by arbitration, with an arbitrator appointed by mutual agreement or by either party's application in the absence of agreement.

17.4 The arbitrator's decision will be final and binding, subject to applicable law.

18. General Provisions
18.1 We are not liable for delays or failures due to circumstances beyond our control.

18.2 You must keep confidential any information about our business, affairs, customers, clients, or suppliers.

18.3 We may assign or transfer creditor's rights of the Loan at our discretion without notice, which won't affect your obligations.

18.4 We may modify these Terms of Use and will try to notify you of significant changes; continued use of the System and Service signifies acceptance of these changes.

18.5 Parties' rights under these Terms of Use are cumulative and can be waived only in writing. Non-exercise of any right is not a waiver.

18.7 You may not transfer your rights or obligations under these Terms without our consent. We may transfer our rights or obligations without notice or consent.

18.8 If any part of these Terms is deemed unenforceable, the rest will continue in effect, and the unenforceable part will be modified to a legal, valid, and enforceable provision.

18.9 Only parties to these Terms of Use have the right to enforce its terms.

18.10 Notices to you may be published on the App or sent to your registered email. Notices to us should be emailed to contact-ci@blaze-loan.com.

18.11 Complaints and suggestions regarding the System or Service can be emailed to contact-ci@blaze-loan.com.