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Terms & Conditions

Last updated 15th Feb, 2022

Terms of Use

When you open an account with us, you are setting up an agreement. This is between Flickwheel Limited (or any other company we transfer it to) and you. The Agreement applies to and regulates the provision of the automobile financial services provided by Flickwheel Limited (hereinafter called“Flickwheel”), a non-banking financial institution licensed by the *Lagos State Ministry Of Home Affairs.* Flickwheel is a B2C mobile app that focuses on helping vehicle owners fix and maintain their vehicles, allowing them to pay back for the vehicle fixes in instalments – Flickwheel. By clicking to accept this Agreement, you agree to be bound by this Agreement, consent to electronic communications as further detailed in Page [*input page number* *here*], and agree to Flickwheel’s Privacy Policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records.

Parties to this Agreement

This Agreement is a contract between you (“You”, “Your”) and Flickwheel Limited (“Flickwheel”, “We”, “Us”, “Our”) (each individually a “Party”, and collectively the “Parties”. This Agreement is a legally binding agreement between You and Flickwheel governing Your non-transferable (unless with Our prior written consent) use of the Flickwheel App, Flickwheel website, and any features and products that Flickwheel may make available to You through the Flickwheel application or website (collectively, the “Services”). We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to You or without Your consent.

Which country’s law and courts apply?

Except as expressly provided otherwise, this Agreement is governed by, and will be construed under the laws of the Federal Republic of Nigeria. In the event of a dispute, this Agreement shall be subject to the jurisdiction of the courts of the Federal Republic of Nigeria.

In this Agreement, there are four sections:

Customer’s Consent

These terms are more specific to the consent You give and the terms of repayment. They include terms like consent to Disclosures, consent to transfer data, Interest payments, Delinquency and defaults.

  • Our Lending Terms: This contains terms and conditions in relation to the auto Service loans you take while using Your account;
  • General Terms: This contains terms and conditions that are central to how You and Flickwheel work together;
  • Definitions: This section defines the terms used in this Agreement. In this agreement, the terms: “You”, “Your”, “Customer”, shall mean the person who applied for this Account and agrees to this Agreement while “We”, “Us” and “Our” shall mean Flickwheel, and following an assignment, any person, company or bank to whom the rights and/or obligations of Flickwheel have been assigned. “Account” means Your account with Flickwheel;
  • Disbursement date: means the date Flickwheel advanced the loan to Your FlickyFriend;
  • Repayment due date: means a maximum of Loan tenure days after the auto service loan has been disbursed;
  • Interest rate: means the proportion of an auto service loan that is charged as interest to You by Flickwheel;
  • Auto service loan: means the amount advanced to fix your vehicle by Flickwheel;
  • Initial assessment date: means the date you choose to visit your chosen auto technician to assess Your vehicle, then both of You agree on the cost of fixing Your vehicle;
  • Auto service date: means the date You choose to get Your vehicle fixed after You must have received the cost and repayment breakdown;
  • Flickyfriend: means a representative of Flickwheel assigned to assist You in person throughout the service period of Your vehicle;
  • Service tracker: means the events of fixes carried out on your vehicle as a way to get You updated while You are away in Your busy schedule;
  • Service charge: means the day-to-day running costs charged by Flickwheel for rendering adequate services to You while You are away in Your busy schedule;

By ticking the “I agree to the Terms and Conditions”, on this site/Flickwheel app which you hereby adopt as Your electronic signature, You consent and agree that:

  1. We can provide materials and other information about Your legal rights and duties to You electronically.
  2. We are authorized to share, receive and use data/information collected from Your transaction with other affiliated third parties. You consent to Our transferring Your data to recipients in foreign countries to process such data. You are aware of the risks involved in such transfer to such foreign countries and that such transfer is required for the performance of Our contract with You.
  3. You hereby expressly consent and authorize Flickwheel to debit Your Account and/or authorize Us or any of Our duly authorized agent or partner to debit Your designated salary account, or any other bank account linked to Your Bank Verification Number (“BVN”), for repaying the auto service loan with applicable interest as and when due.
  4. To access payroll-related offers, You have expressly consented and authorized Us to verify Your salary details with Your employer and/or Your employer’s appointed salary processors without further recourse to You.
  5. You authorize Flickwheel to periodically review Your credit report and You understand that this Account may be subject to service charge and default fees.
  6. Your electronic signature on this Agreements has the same effect as if You signed them using ink on paper or any other physical means.
  7. We can send all important communications, billing statements and demand notes and reminders (collectively referred to as “Disclosures”) to You electronically via our website or to an email address that You provide to Us while applying for this Loan.
  8. Flickwheel reserves the right to transfer or assign its rights and obligations under this Agreement to its affiliates or to a third party and You consent to Flickwheel's transfer or assignment of this Agreement to its affiliates or a third party.
  9. We will alert You when the Disclosures are available, by sending You an electronic communication.
  10. Our email will tell You how You can view the Disclosures.
  11. We will make the disclosures available to You from the date it first becomes available, or the date We send You the email to alert You that it is available.
  12. You will be able to print a copy of the disclosure or download the information for Your records.
  13. This consent applies to this transaction, to all future disclosures on this Account, to all future transactions in which You use the Flickwheel payment option with Us, at any time, and to other Disclosures that We provide to You by email, unless You have, prior to such transaction, withdrawn Your consent by the procedure mentioned below.

By consenting, You agree that electronic Disclosures have the same meaning and effect as if We provided paper disclosures to You as We are required to do so. When we send You an email alerting You that the disclosures are available electronically and make it available online, that shall have the same meaning and effect as if We provided paper Disclosures to You, whether or not You choose to view the disclosures.

Conditions To Use A Flickwheel Account

To use the Account-

  1. 1. You must:
    1. accept and agree to these Terms and Conditions;
    2. register with us on the Flickwheel app;
    3. be a Nigerian citizen (or a legal Nigerian resident) of at least 18 years of age;
    4. have an active bank account (of which you have a valid debit card) with a Nigerian financial institution; and
    5. provide all information as may be requested by us, such as your name, occupation, email address, mobile device number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “Customer Information”).
  2. 2. You represent and warrant that all Customer Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your Customer Information.
  3. 3. You agree to promptly notify us of changes to Your Customer Information by updating your profile on the Flickwheel app and to notify us at least five business days before any changes to Your bank account information, including, but not limited to, the closure of Your bank account for any reason.
  4. 4. If We approve Your registration, You will be authorized to use the Account, subject to these terms
    1. For Our compliance purposes and to provide the Account services to You, You hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity, address and bank account information.
    2. When You register for the Account and from time to time thereafter, We may require You to provide and/or confirm information and documentation that will allow Us to identify You, such as:
      1. A copy of Your government-issued photo ID, such as a national ID, international passport, permanent voter’s card or driver’s license;
      2. A copy of a utility bill, bank statement, affidavit, or another bill, dated within three months of Our request, with Your name and Nigerian street address on it; and
      3. Such other information and documentation that We may require from time to time.
  5. 5. By using the Account and providing Customer Information to Flickwheel, You automatically authorize Flickwheel to obtain, directly or indirectly through Our third-party service providers and without any time limit or the requirement to pay any fees, information about You and Your bank account from the financial institution holding Your bank account and other third-party websites and databases as necessary to provide the Account to You. For purposes of such authorization, You hereby grant Flickwheel and Our third-party service providers a limited power of attorney, and You hereby appoint Flickwheel and Our third-party service providers as Your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for You and in Your name, place, and stead, in any capacities, to access third-party websites, servers, and documents; retrieve information; and use Your Customer Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
  6. 6. YOU ACKNOWLEDGE AND AGREE THAT WHEN FLICKWHEEL OR OUR THIRD PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, FLICKWHEEL AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF, OR ON BEHALF OF THE THIRD PARTY.
  7. 7. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You.
  8. 8. You agree to waive Flickwheel of all liability in relation to any loss or damage You may incur as a result of your registration and use of the Account.

We make no effort to review information obtained from the financial institution holding Your bank account and other third-party web sites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between Flickwheel and Our third-party service providers, Flickwheel owns Your confidential Customer Information.

  1. 1. Our Lending Terms

    Your Obligation
    1. 1. You agree to pay to Flickwheel, the auto service loan sum, including any convenience, default or penalty fees, flat interest rate, and other amounts due to Flickwheel charged to this Account. You also promise to pay these amounts as agreed in this Agreement on or before the repayment Due Date.
    2. 2. Flickwheel reserves the right to presume that You have authorized any auto service loan application made in Your name using this Account. You will be deemed responsible for any unauthorized application using this Account.
    3. 3. You agree to repay the auto service loan given to You via the debit card of the bank account You provided or through an acceptable electronic channel, or otherwise as permitted by Flickwheel. Flickwheel reserves the right to accept early repayment before the Payment Due Date, provided You have given adequate notice and repay the full loan along with the flat interest rate. Loan repayment via electronic debit card may be affected by Flickwheel in the way and manner hereinafter specified –
      1. We shall charge a one-time processing fee the first time You set up anew debit card on the Account. In the event the card is expired or about to expire, You will have to obtain a renewed card from Your bank or provide Us with another personal debit card.
      2. We shall deduct from the card setup on the Payment Due Date. We will never make any transactions on the card outside of the scheduled loan repayments. In the event of a double repayment initiated in error by you or Flickwheel We will on a reasonable effort basis process a refund within a reasonable time.
      3. You hereby indemnify Us against any losses, liabilities or damages that may arise if You use a third party’s card on Your Account without the consent of such third party.
      4. You hereby indemnify Us against any losses, liabilities or damages that may arise if You use a third party’s card on Your Account without the consent of such third party.
    4. 4. In the event of a default or insufficiency of funds in Your bank account, You hereby authorize Us to charge any other cards You may have on your Account or profile other than the primary card listed.
      1. You understand and agree that We do not store card details on Our platform thus card details shall be processed through a secure payment gateway that is PCI DSS compliant.
      2. You agree to give Flickwheel authentic and up-to-date personal, social media, phone and financial records about You that We may reasonably request and analyze, from time to time.
      3. You agree to pay all costs of collection if Flickwheel takes any action to collect the Loan or take any action in a bankruptcy proceeding filed by or against You. This shall include unless prohibited by applicable law, reasonable attorneys’ fees and expenses incurred while collection lasts.
      4. You agree not to give Us false information or signatures, electronic or otherwise, at any time.
      5. You agree to pay a Late Fee or penalty fee as may be provided in this Agreement.
      6. You agree to make all payments via direct debit on cards or by electronic funds transfer as stated in the application form.
      7. You agree to promptly notify Flickwheel if You change Your name, mailing address, e-mail address or telephone number.
      8. You hereby agree to honor any other promises that You make in this Agreement.
      9. You hereby agree that You will not accept this Account unless You are of legal age and have the capacity to enter into a valid contract.
      10. Not to use Flickwheel for any act of illegality or criminality and Flickwheel shall not be legally or criminally culpable for any illegality committed by You.
    Our Obligation
    1. 1. We agree to make available the auto service loan facility to You of a figure not less than ₦10,000.00 (Ten Thousand Naira only).
    2. 2. We agree to perform Our obligation under (1) above upon confirmation by Us of Your identity and personal information.
    3. 3. To assign You a Flicky Friend, who is obligated to monitor, tracks and handles payment disbursement for your auto service and repair journey. NOTE: FLICKWHEEL DOES NOT GIVE CASH LOANS TO HER CUSTOMERS OR AUTO TECHNICIANS. AUTO SERVICE LOAN DISBURSEMENTS ARE HANDLED BY A FLICKY FRIEND ASSIGNED TO YOU ON THE DAY(S) OF THE VEHICLE REPAIRS. FUNDS ARE DISBURSED ON DEMAND BY THE AUTO TECHNICIAN.
    4. 4. To demand repayment from You as at when due.
    5. 5. To conduct investigations (Identity, address, creditworthiness, bank account) on you prior to opening an account for You.
    6. 6. To use all reasonable and legitimate means to collect the amount extended to you, the default fee, the service charge and any other penalty fee maybe imposed on you as a result of the auto service loan.
    7. 7. Not to store or save your debit card details given by You during Your application.
    8. 8. By accepting this terms and conditions, You hereby covenant to repay any outstanding obligation as and when due. In the event that You do not repay any outstanding obligation as agreed, and such obligation becomes delinquent, Flickwheel shall have the right to report the delinquent obligation to the Central Bank of Nigeria through the Credit Risk Management System (“CRMS”) or by any means, and request the CBN to exercise its regulatory powers to direct all banks and other financial institutions under its regulatory purview to set-off Your indebtedness from any money standing to Your credit in any bank account and from any other financial assets they may be holding for Your benefit.
    9. 9. You covenant and warrant that Flickwheel shall have power to set-off Your indebtedness under this Agreement from all such monies and funds standing to Your credit/benefit in any and all such accounts or from any other financial assets belonging to You and in the custody of any such bank.
    10. 10. You hereby waive any right of confidentiality whether arising under common law or statue or in any other manner whatsoever and irrevocably agree that You shall not argue to the contrary before any court of law, tribunal, administrative authority or any other body acting in any judicial or quasi-judicial capacity.
    Credit Reference
    1. 1. We or Our duly authorised representatives/agents will utilize dedicated Credit Agencies for a credit report on You in considering any application for credit.
    2. 2. You authorise Us to access any information available to You as provided by the Credit Bureau .
    3. 3. You also agree that Your details (excluding the card details) and the auto service loan application decision may be registered with the Credit Agency.

  2. 2. Our Repayment Terms

    Making Repayments From Your Bank Account

    Your Bank Account provided will be from where We deduct repayments at every due date of the payment period chosen by You.

    1. 1. For repayments to be successful, Your Account must be adequately funded and You will be notified if repayments are successful or not.
    2. 2. You will be sent push notification, email notification and SMS for all repayments.
    3. 3. Receipts for all payments will be available to You via email notification.

  3. 3. General Terms

    Notices

    You agree that We may communicate with You by sending notices, messages, alerts, and statements in relation to this Agreement in the following manner:

    1. To the most recent physical address, We hold for You in Our records.
    2. By delivery to any email address provided by You during the application process.
    3. By delivery of an SMS to any mobile telephone number, You have provided to Flickwheel.
    4. By posting such notice on Our website.
    5. Through push notifications on Your mobile device.

Service Charge

A service charge is a non-refundable fee collected to pay for services related to an auto service loan. These services includes:

  • User verification (Identity, address, employment status)
  • Bank account integration
  • Auto-technician verification
  • Communications (emails, sms and phone calls)
  • Account management

More About Service Charge

  • The service charge does not include default fees.
  • The service charge may be increased or decreased from time to time by Flickwheel. Such change will take effect on Your account following a minimum of fifteen (15) days written notice.

Event of default

  1. 1. Default in terms of this Agreement will occur if
    1. You fail to make any scheduled repayment in full on or before the payment due date in accordance with the repayment plan given to you by us when you take a Loan;
    2. Any representation/information, warranty or assurance made or given by you in connection with the application for use of Your Account or any information or documentation supplied by You is later discovered to be materially incorrect; or
    3. You do anything which may prejudice our rights in terms of this Agreement or causes Us to suffer any loss or damage.
  2. 2. In the event of any default by You subject to clause 1 above
    1. We may, without notice to or demand on You (which notice or demand You expressly waives), set-off, appropriate, or any indebtedness at any time owed by Us for Your account, against Your obligations to Flickwheel, whether or not those obligations have matured.
    2. We reserve the right to assign Our right, title and interest under the Agreement to an external Collections Agency who will take all reasonable steps to collect the outstanding Loan amount.
    3. We also reserve the right to institute legal proceedings against You and We will inform You before such proceedings commence
    4. You shall be responsible for all legal costs and expenses incurred by Us in attempting to obtain repayment of any outstanding Loan balance owed by You. Interest on any amount which becomes due and payable shall be charged.

Termination of the account

  • 1. In addition to Termination by default, We may terminate this Agreement at any time and for any reason subject to the requirements of applicable law.
  • 2. We may terminate Your Account by sending written notice to the address on Your application.
  • 3. When Termination arises as a result of the default, You shall not be able to apply for credit in the future.

Limitation of Liability

To the extent not prohibited by law, under no circumstances shall We, Our subsidiaries, partners, or affiliates, be liable to You for:

  1. personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use a Flickwheel Account, the Services, Our or Your liabilities to third parties arising from any source; or
  2. except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of You or anyone else in connection with the use of a Flickwheel Account or the Services, including, but not limited to, damages arising from Your failure to provide us with accurate information or a third party’s failure to correctly verify such information. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of Us and Our affiliates and suppliers to You for all claims arising out of or related to this Agree mentor Your use or inability to use the Services will not exceed the amount of any affected order(s) giving rise to such damages. These limitations will apply even if the above stated remedy fails of its essential purpose.
  3. fixing your vehicle when you already have an auto service loan running.

Miscellaneous

  1. 1. This Agreement represents the entire understanding between you and Flickwheel with respect to the subject matter hereof and supersedes any prior agreement. you and Flickwheel acknowledge and agree that the other has not made any representations, warranties or agreements of any kind except as expressly set forth herein.
  2. 2. We may amend this Agreement from time to time. If we make any changes to this Agreement that We deem to be material, We will notify You in advance of such changes via the email address associated with Your Account. If you do not agree with the changes, do not use the Services.
  3. 3. Notwithstanding any other provision in this agreement, neither Flickwheel, its affiliates, officers, directors, employees, attorneys or agents shall have any liability with respect to, any claim for any special, indirect, incidental, consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to, a breach of this Agreement.
  4. 4. The failure of Flickwheel to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.
  5. 5. We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without Your consent. You agree that We may appoint third party collections agencies to collect any amounts owing to us under this Agreement without Your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by Us.
  6. 6. You hereby authorise and consent to all lawful access, use or disclosure of Your particulars, data and information in the application by the us for purposes necessary to provide You with the services.
  7. 7. Flickwheel may at any time vary and revise these Terms and Conditions by updating this document. The most updated version of this document will be available for Your review under the “Flickwheel Terms and Conditions” link that appears on the Flickwheel website and mobile application.
  8. 8. You acknowledge that all intellectual property rights in Flickwheel belongs to Flickwheel or its licensors and that rights in the application/website are licensed (not sold or assigned) to You in accordance with this Agreement, and that you have no rights in, or to, the mobile application/website 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 mobile application in source-code form.

Indemnification

You agree to release, indemnify and hold harmless Us, Our affiliates, and Our and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to:

  1. Your access to, use of, or inability to use Your Flickwheel Account or the Services;
  2. Your breach or alleged breach of this Agreement;
  3. Your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of Your employees, contractors, or agents, or a breach of any contracts or other relationships between You and third parties
  4. Your violation of any applicable law; or
  5. Your failure to provide and maintain true, accurate, current and complete information in Your Flickwheel Account. You shall cooperate as fully as reasonably required in the defense of any such claim. Flickwheel reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. You agree not to settle any matter without the prior written consent of Flickwheel. For the avoidance of doubt, this indemnification, defense and hold harmless obligation will survive this Agreement and the termination of Your use of the Services.

Keeping in touch

  1. How to contact Us: You can contact Us by using the in-app “Help and Support” feature on the mobile application or using Live Chat on the website at Us at flickwheel.com.
  2. How We will contact You: We will contact You in English using email, or through your phone number provided to Us or through push notifications on Your device at every stage of your auto service process. If any of Your contact details change, for example Your email address, or phone number, You must let Us know as soon as possible.