Terms of Use

General Terms

By accessing and opening an account with GDL, you confirm that you are in agreement with and bound by the terms of service contained in the Terms and Conditions outlined below. These terms apply to the entire application and any other type of services therein.

Under no circumstances shall GDL be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use this app, even if GDL or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

GDL will not be responsible for any outcome that may occur during the course of the usage of our Mobile App. We reserve the right to revise the Mobile App usage policy at any moment.

License

GDL grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the mobile application and its content strictly in accordance with the terms of this Agreement. These Terms and Conditions are a contract between you and GDL that grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the application strictly in accordance with the terms of this Agreement.

This license terminates immediately when you delete the App. We may update the App to add and improve its functionality. Depending on the update, you may not be able to use the App until you have downloaded the latest version and accepted any new or additional terms. Also, if you do not (or you do not upgrade your phone’s operating system to the latest version available), certain features of the App may not work as intended. We are not responsible for the performance of the App on your phone if you do not update the App or your phone’s operating system to the latest version available. The App is provided for convenience. You acknowledge that the App (and the services/products provided through the App) are dependent upon third-party services, which may impact its availability to you. We try to ensure that the App services are always available to you, we however do not promise that it will always be available or always work perfectly. Downtime may arise in cases of maintenance, fraud, or a fault in the systems used to provide the App. We do not guarantee the duration of a system downtime as these events are sometimes outside of our control.

Please read this Agreement carefully before accepting to be bound by the Terms and Conditions.

Definitions and Interpretation

In this document:

"We", "Us" and "Our " “GDL” means any company in the GDL group consisting of GDL Finance and Leasing Company Limited, Growth & Development Asset Management Limited, Growth and Development Limited and any other such sister or associated company that may be added to the GDL group.

"You”, “Your”, “Yours” or “User " means the person that has downloaded the mobile application or opened the web page and subscribed to any of the products contained therein. “Agreement” means this agreement which contains the Terms and Conditions.

“App": refers to the Mobile App and web page

“Mobile App” “App” refers to the mobile application of GDL to which these terms and conditions refer. Where Mobile App is used solely in these terms and conditions and where the contexts so permit, the mobile app shall also be deemed to include the web page of the app. "Card" means a virtual, Credit or Debit card issued to you by us which is linked to an account and can be used to undertake payment transactions.

"Account/Wallet" means a GDL personal account/wallet that can be accessed on the mobile app. "CBN" means Central Bank of Nigeria.

“SEC” means the Securities & Exchange Commission

"Electronic Access Device" means a personal computer, telephone, mobile phone, personal digital assistant, or any other electronic device, including wireless devices that will allow you to access the Mobile App or the online application.

"Fees" You may pay fees when you make transactions/transfers, these fees are displayed on the Mobile App or the online web page before any transaction is authenticated. You can also reach our call center for details.

"Insufficient Funds" If there are insufficient funds in an account, we will not act on your Payment instruction.

"Mobile number" means the mobile phone number you have nominated to use on or with the device or devices you use to access the Mobile App or web page.

"PIN/Password" means the confidential personal identification number you select to identify yourself and to confirm Transactions on the Mobile App or web page in conjunction with a card. "Prohibitions on Use" Activities that are not permitted on the Mobile App or online page such as the use of your account/wallet for an illegal, fraudulent, malicious, or defamatory purpose.

"Password and PIN Security" Your Password, PIN, and Identification Question must be unique and not easily guessed. You must always keep your Password, PIN, and Identification Questions strictly confidential.

"Transaction" means any loading of funds from a Funding Source to an account/wallet, any offloading of funds from an Account, and any Payment.

"Transfer" can be in the form of an internal transfer of funds between your accounts, or to other beneficiaries with other banks

Interpretations

1. All headings in this Agreement are for convenience only and shall not be used in its interpretation. Unless this Agreement indicates a contrary intention.

2. The singular shall include the plural and vice versa.

3. A reference to any one gender shall be capable of being construed as a reference of any of the others.

Acceptance of Terms and Conditions

1. By agreeing to these Terms and conditions, you accept to be bound by its terms, and you agree that:

2. You hereby expressly consent and authorize GDL and/or any of our duly authorized agents or partners, to automatically debit any of the accounts subscribed to for the purpose of paying for the products and accrued Interest where stated.

3. You consent to us transferring your data to third parties to process such data, in so far as such transfer is required for the performance of our obligations to you under this Agreement;

4. We can provide materials and other information about your legal rights and duties to you electronically;

5. We can send all important communications, billings statements, reminders, and demand notices (collectively referred to as “Notifications”) to you electronically via our Site or to an email address you have provided us with;

6. We are authorized to share, receive and use data/information collected from your transaction with other affiliated third parties where necessary;

7. We can alert you when Notifications are available, by sending you an electronic communication;

8. By consenting, the electronic Notifications shall have the same meaning and effect as if we provided paper Notifications to you. When we send you an email alerting you that Notifications are available to you, such electronic Notifications shall have the same effect as paper Notifications whether or not you chose to view the Notifications, unless you had previously withdrawn your consent to receive electronic Notifications.

9. GDL reserves the right, at its sole discretion, to modify or replace these Terms and Conditions from time to time. If you object to such changes, your sole recourse will be to cease using our services and the App. Your continued use of our services on the Mobile App following the changes to the Terms and Conditions will indicate your acknowledgment of such changes and agreement to be bound by the amended Terms and Conditions.

Our Services

The following services and more are available on the Mobile App and our web page. The App allows you to:

• View all your GDL accounts and related services in a single login (including but not limited to your investment accounts).

• Check the available balances on your accounts and view or download recent transactions.

• Transfers funds between your accounts within and outside GDL products, and to third-party accounts.

• Give us payment and other instructions on your account and products, including setting controls on all payments.

• Hide Balances.

• Additional services may be introduced periodically and same shall be accessible on the Mobile App and web page to Users.

Account, Opening Process

1. In order to access our services, you must set up an account on the Mobile App or web page, wherein you shall provide us with all requested information.

2. You are required to provide us with basic information such as your name, email address, phone number, and any other information to meet KYC requirements as may be required by us to process your application.

3. By providing us with the above-stated information you represent that you grant us all permissions and licenses to perform our obligations as provided in these Terms and Conditions.

4. Our Mobile App, web page and services, can only be utilized by persons over the age of 18. GDL has the right to verify the authenticity of any account created on the Mobile App.

5. You must provide us with accurate, current, and complete information at all times during the application process.

6. If you provide any information that is false, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such Account information is false, inaccurate, not current, or incomplete, we reserve the right to refuse any future request(s) to use the App.

Personal Information

1. You agree to grant GDL an irrevocable right to collect and use any information you provide us or we collect from you, for the specific purpose of providing you with our services.
2. You hereby consent and authorize us to verify the information you provided by ourselves or through third parties from secure databases. By entering into this Agreement, you consent to us or a third party on our behalf carrying out these checks and obtaining any more information we might need to set up your account.
3. GDL reserves the right to request further information from you pertaining to the creation of your Account, or subscription to any of our products at any time. Failure to provide such information within the time required by GDL may result in GDL declining to accept the product subscription.
4. You consent that we may disclose and or transfer your information to third parties or any other entity we deem necessary to perform our obligations to you under this Agreement.
5. All other provisions regarding the use of your personal information are contained in our Privacy Policy.

Use of App

1. The App is to be used for your own personal, non-commercial use and not on behalf of or for the benefit of any third party.
2. Your use of the Services must comply with all applicable laws. If your use of this Service is prohibited by applicable law, then you are not authorized to use the Services. We are not responsible if you use the App or its services in any manner that violates applicable law(s).
3. You agree not to authorize any other person or entity to use your username and password or electronic access device to access the App.
4. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information.
5. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or electronic access device, whether authorized or unauthorized by you.
6. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your electronic access device or from unauthorized or fraudulent transactions associated with your App or Account(s).
7. If you suspect or become aware of any unauthorized activity or access to your username, password, or electronic access device, you must contact us immediately at [email protected].

User’s Obligations.

You are obligated to always keep your account safe by doing the following:

1. Ensure that your Security Details, PIN, and any part of your account security should not be shared with anybody else or carelessly stored or disclosed under any circumstance.
2. If you leave your Electronic Access Device without logging out, write your PIN down in a public space, or share your details with anybody, we will not be liable for any errors, or results that may come of it.
3. We will always use all reasonable efforts to keep the App and service safe, and your security settings will help us narrow it further down. However, if these issues arise due to carelessness with any part of your app or account security, there is very little we can do, and we will be relieved of any liability as regards the occurrence of a breach.
4. If you believe or reasonably suspect that there is a fraudulent act, we haven’t caught (which should be easy since you get all notifications), it is your duty to notify us immediately. We will then investigate and report back to you through the most secure channel you provide to us.
5. You are required to change your security options if you believe any part of your security has been compromised.
6. Where you notify us of your intention to change your password, PIN, or security options, we will, with your approval, delete these details and allow you to set up new ones.
7. Please note that after initial registration, we will not contact you (or ask anyone to do so on our behalf) with a request to disclose your login details or transaction password/PIN. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not provide your login details to them under any circumstances. Also, you should report any such request to us immediately.
8. Upon your registration or approval of certain services, you give us permission to deduct any fees we communicate or notify you of any transaction or service. If these fees change, you will be notified before consummating any transaction and given the option to opt out of this service.

Payments via the App

When you initiate a payment by entering the required details on the App, you explicitly consent and authorize us to make the payment to the recipient you have provided.

It is your responsibility to check all details are accurate as GDL cannot validate or check these details. If you are initiating payments related to purchasing, then the relationship for that purchase remains between you and the relevant supplier – GDL is in no way responsible for that purchase, or any terms set by that supplier. If you think that a payment initiated through the App may have been incorrect, unauthorized, or not properly executed (perhaps due to delay or other error), then you need to: contact us immediately at info.gdl.ng.com so that we can investigate and stop the payment if possible.

Auto Debit

You are obligated to always keep your account safe by doing the following:

1. Subscriptions to plans will be made via your debit card and you will be required to approve the auto-debit mandate for subsequent periodic payments.
2. By using the Auto Debit Service, you hereby authorize GDL to perform the following: To automatically debit your Account for the monthly subscription of any product subscribed to.
3. In the event an auto debit cannot be successfully processed /debited due to any reason whatsoever, you hereby authorize GDL to make a reattempt to debit the said sum from your Account on a subsequent date subject.
4. You shall ensure that sufficient funds are kept in your Account to facilitate the auto-debit function. Should the funds be insufficient, you must ensure to fund the Account before the subsequent date of retry, hence all subscriptions will be paused.
5. You hereby agree to indemnify and to keep GDL indemnified against any claims, losses, damages, costs, and expenses that GDL may incur arising from your authorization and request to TNGD to debit your Account or any error in such authorization due to any reason whatsoever except due to the gross negligence or wilful default of TNGD. 1.13.5 TNGD shall not be liable due to any error, neglect, refusal or omission to make, or delay in making, any and all payments to the Merchant. 1.13.6 TNGD reserves the right at its absolute discretion to approve or reject the Auto Debit Service application without assigning any reason whatsoever.

Intellectual Property

1. The App and our services contained therein, original content, features, and functionality are and shall remain the exclusive property of GDL. Our trademarks and trade name may not be used in connection with any product or service without our prior written consent.
2. You shall not use, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit our Mobile App or collective content except as expressly permitted by GDL.
3. Subject to your compliance with these Terms and Conditions, GDL grants you a limited, non-exclusive, revocable, non-transferable license to access and view any collective content made available on or through the Mobile App and accessible to you.

Additional Terms.

1. In conjunction with your access or use of the App, you may be subject to additional terms, rules, policies, and conditions, agreements, contract depending on the product you want to subscribe to.
2. You agree that all agreements, notices, disclosures, records, and other communications for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications") that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Representations and Warranties

You make the following representations and warranties to us at the time of agreeing to these Terms and Conditions:

1. You are over the age of 18 years;
2. You are of sound mind and have the capacity to use our Mobile App and services;
3. You have carefully read and understood these Terms and Conditions;
4. That by accepting these Terms and Conditions, you are not breaching any laws, regulations, or agreements that are applicable to them.

Termination

1. We may terminate or suspend your Account immediately with or without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions;
2. Upon termination, your right to use our App and services will immediately cease, and all penalty fees thereof (where required by any of the products) become payable) If you wish to terminate your Account, you may simply discontinue using the App and our services.

Indemnity

You agree to indemnify and hold harmless GDL, its affiliates, and subsidiaries, its officers, directors, and employees, against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profits, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred by you as a result of:

1. a. Any fraudulent or illegal use of our Mobile App, products, or services, by you or a third party using your account;
2. b. Any act of negligence or willful conduct by you with respect to fulfilling your obligations in connection with this Agreement;
3. c. any inaccurate, incomplete, or misleading information that you have provided to us;
4. d. any unauthorized access to your Account as a result of your failure to keep your username and password confidential;
5. e. any service that you have offered, whether with or without our permission to a third party using the GDL’s Mobile App, services, or products;
6. f. and any claim made against you for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the use of our Mobile App, products, or services.

Force Majeure

Neither Party shall be liable for failure to perform, or for the delay in performing its obligations hereunder if such failure or delay shall be due to Acts of God, war, riot, civil commotion, pandemic, weather, labor disputes, failure of sub-contractors or any other cause beyond its reasonable control.

Limitation of Liability

In no event shall GDL, its directors, employees, partners, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Mobile App or our services or your inability to use the Mobile App or our services.

Severability

If any part of this Agreement is held to be invalid or unenforceable in any jurisdiction, the invalidity and unenforceability of all remaining provisions contained in this Agreement shall not in any way be affected or impaired.

Entire Agreement

This Agreement contains the entire agreement between the Parties with respect to the subject matter and supersedes all prior arrangements and understandings (whether oral or written).

Waiver

In the event GDL does not strictly enforce its rights under this Agreement, GDL shall not be deemed to have waived or lost those rights and will not be prevented from enforcing such rights at a later date

Assignment

GDL reserves the right to transfer or assign its rights and obligations under these Terms and Conditions. GDL will only notify you if such an assignment will change the arrangements for any of its products and services.

Amendment

GDL may at any time vary and revise these Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms and Conditions periodically for changes. The most updated version of this document will be available for your review under the “Terms and Conditions” that appears on the Mobile App /and web page..

Governing Law and Dispute Resolution

1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
2. In the event of a dispute, we both undertake that we shall ensure to achieve an amicable settlement. The discussions will be handled by our Authorized Representatives and you or your authorized representatives. Any dispute arising out of this Agreement that cannot be settled, by mutual agreement/negotiation within 1 (one) month from the commencement of the dispute shall be, shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act 2004. The arbitration shall be presided over by a sole arbitrator appointed by the agreement of the parties. Where the parties are unable to agree on the choice of the sole arbitrator within ten (10) days of the declaration of the dispute, the appointment shall be referred to the Chairman of the Chartered Institute of Arbitration UK (Nigerian Branch). The seat of the arbitration shall be Lagos Nigeria. Nothing in this clause shall preclude GDL’s right to seek recourse to a court of competent jurisdiction.

Class Action Waiver

You agree that any claims will be adjudicated on an individual basis, and you waive any rights that you may have to participate in a class, collective, or other joint action with respect to any claims that you may have against us.

Contact us

If you have any questions about this Terms and Conditions, please contact us at [email protected]