1. Definitions & Interpretations
For the purposes of the Terms:
"Terms" means these terms, consisting of:
any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of this web site);
KiaKiaTM means KiaKia Bits Ltd. KiaKia Bits is a licensed Direct and P2P lending platform.
Visitor or You means any person who visits this web site.
User means a person that has signed up on the KiaKiaTM platform, and holds a client account, for the purpose of borrowing.
A word defined or assigned a meaning in the Terms will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Terms. Whenever including or include, or excluding or exclude, together with specific examples or items follow a term, they will not limit its ambit.
Terms other than those defined within the Terms will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time. A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns.
Unless otherwise stated in the Terms, when any number of days is prescribed in the Terms the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply.
West African Time or GMT +1 will be used to calculate any times.
ABOUT KiaKiaTM: This web site is owned, managed, and administered by KiaKia Bits Ltd. KiaKiaTM is a business that specializes in money lending through virtual means such as the Internet. KiaKiaTM is fully compliant with the money lending legislative requirements of Nigeria and promotes responsible lending and borrowing. KiaKiaTM also strives to provide superior administration and management of client accounts.
KiaKiaTM grants each Visitor a limited, revocable license to use this web site subject to the Terms. Any person wishing to use this web site contrary to the Terms must obtain prior written consent from KiaKia Bits Ltd. The information offered on this web site is for the Visitor’s guidance only. The information offered is for quotation purposes only, and is subject to change on final submission of an application. KiaKiaTM has taken every care to ensure that the information provided on this web site is reliable by using sources we believe to be accurate. However, the accuracy of the information (including rates, fees, and charges),cannot be guaranteed.
In order for KiaKiaTM to provide a Visitor with appropriate advice and/or quotations on products, it is important that a Visitor provides KiaKiaTM with sufficient particulars of their financial affairs. Failure to make a full disclosure could result in the advice of KiaKiaTM being compromised and may result in a Visitor thus making a financial commitment to a product inappropriate to their needs and objectives.
No person, business, or web site may frame this web site or any of the pages on this web site.
Visitor(s) may link to the web site only by linking to the home page of this web site. KiaKiaTM prohibits Visitor from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Visitor by KiaKia or suggests a Visitor is the owner of any intellectual property belonging to KiaKia.
Spiders and Crawlers.
No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this web site.
KiaKiaTM may modify, suspend, or discontinue the provisioning of this web site to the public (WITH or WITHOUT notice) and will not be liable for any claims.
Furthermore, KiaKiaTM also reserves the right to modify the terms and conditions that govern the relationship with users (with or without notice) and will not be liable for any claims that result in terms of such a change.
1.4 Capacity of customer.
Each Visitor represents and warrants that Visitor :
is old enough under applicable law to enter into the Terms;
possesses the legal right, full power, and authority to enter into the Terms;
will submit true, accurate and correct information to KiaKiaTM and this web site.
If Visitor is younger than 18 years of age, the visitor warrants that the Visitor has the consent of its legal guardian to enter into the Terms or that the Visitor has obtained legal status in another manner.
COLLECTION ON USE.
Once a Visitor visits this web site, a Visitor is not anonymous to KiaKiaTM. When visiting, each Visitor provides Data, which may include an ID number, a contact number, a street address, and an email address. KiaKiaTM may also record the IP address of a Visitor when adding Data.
KiaKiaTM does not intentionally gather Personal Information about visitors who are under the age of 13.
COLLECTION FROM BROWSER.
KiaKiaTM automatically receives and records information on the server logs of KiaKiaTM from the browser of a Visitor, including an IP address, KiaKiaTM cookie information, and the page requested. Each Visitor should be aware that other web sites visited before entering the web site might place Personal Information within a URL of a Visitor during a visit to it, and KiaKiaTM has no control over such web sites. Accordingly, a subsequent web site that collects URL information may log some Personal Information.
MESSAGES AND UPDATES.
KiaKiaTM may send to a Visitor administrative messages and email updates regarding the web site, or its Services. In some cases, KiaKia may also send a Visitor, primarily promotional, messages.
UPDATING OR REMOVING.
A Visitor may choose to correct or update some of the Data they have submitted to KiaKiaTM. The client area also provides the user with an interface where details can be updated. If details change that impact the collectability or contractibility for an active product, the client is responsible for contacting KiaKiaTM to ensure that the correct details are present on the system.
Any unauthorised use of KiaKiaTM information systems is a violation of the Agreement and certain laws. Such violations may subject the person to civil and criminal penalties. Use of the services of this website is limited to residents of Nigeria or any individual residing in Nigeria with the proper clearance documentation and temporary identification documentation.
INTERCEPT AND MONITOR.
KiaKiaTM may intercept, monitor, block, filter, read, delete, and disclose any communication over its information system. This includes, but is not limited to the tracking of user Internet Protocol addresses (IP Addresses) and users agree that KiaKia may request their personal information from their Internet Service Provider for whatever reason the site sees fit in order to ensure a safe and trusted relationship with the user.
KiaKiaTM is not responsible for, gives no warranties, nor makes any representations in respect of the privacy policies or practices of linked or any third party web sites. KiaKiaTM information systems is provided to users and used by KiaKiaTM “as is” without warranty of any kind, either expresses or implied, including but not limited to the implied warranties of merchantability and/or fitness for a particular purpose. KiaKiaTM cannot be held liable for any mistakes that arise from use of the information systems that govern the administration of products including but not limited to the unintentional disclosure of personal information.
TRANSFER ACROSS BORDERS.
KiaKiaTM may transmit or transfer Personal Information outside the resident jurisdiction of the Visitor and therefore across borders. Personal Information may be processed by KiaKiaTM in the country where it was collected as well as other countries where laws regarding processing of Personal Information may be less stringent.
KiaKiaTM may disclose aggregate statistics (information about the customer population in general terms) about the Data to advertisers or business partners.
THIRD-PARTY SUPPLIERS OR AGENTS.
KiaKiaTM may need to provide Data to a third-party supplier to supply or provide specific Services to a Visitor (such as providing a quote or contacting a Visitor). Each third party supplier is required to only disclose or use the Data to supply or provide the specific Services requested.
KiaKiaTM may disclose Data if required:
by a subpoena or other legislative or administrative order by law;
to protect the safety of any individual or the general public;
to prevent violation of the Agreement, or the rights of KiaKiaTM or any third party.
An IP address may be disclosed to a third party:
if the law or a legal process requires it;
to protect the rights or property of KiaKiaTM, a Visitor, or the general public.
CHANGE OF OWNERSHIP.
If KiaKiaTM undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, KiaKiaTM may assign its rights to the Data it processes to a successor, purchaser, or separate entity. KiaKiaTM will notify each Visitor of the transfer and the Visitor may choose to modify its Personal Data at that time. If a Visitor is concerned about its Data migrating to a new owner, the User may deactivate or delete its account.
KiaKiaTM may need to disclose Data to its employees that require the Data to do their jobs.
KiaKiaTM may disclose Data to designated third parties to resolve or investigate abuse complaints. KiaKiaTM may release Data to assist in attempting to block an abusive Visitor or complain to its Internet Service Provider of an abusive Visitor.
SECURITY OF DATA.
KiaKiaTM uses some of the most advanced security measures to protect the Data under its control. All Data is safe, secure, and available only to the Visitor and those to whom Visitor has granted permissions. In addition, the web site is hosted in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.