Terms of Use
These Terms of Use (the "Terms") represent a legally binding contract between you ("the User") and Betheone Lending Nigeria Limited, while the licensed entity is Nature Lending Nigeria Limited ("Futurecash", "we" or "us"). By accessing or using content, services, and materials on mobile app Futurecash (the "Services"), you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree with any of these Terms, do not access or otherwise use the Services.
PLEASE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. Introduction
These Terms of Use are an Agreement between you and Futurecash. It details our obligations to you. It also highlights the risks of using our Services, and you are required to consider such risks carefully, as the provisions of this Agreement will bind you through your use of this Website or any of our Services.
You understand that by using the Platform and clicking accept when prompted on the Platform, where applicable, you agree to be bound by these Terms of Use for Users.
2. Definitions
In these Terms and Conditions, the following words and expressions bear the following meaning:
"Platform" means the website, mobile app or any electronic medium in which we offer our Services to You;
"App" and "Futurecash" means the mobile application owned and operated by Betheone Lending Nigeria Limited or its affiliates and partners;
"Website" means our official world wide web available at: https://www.futurecashloan.com/ or any future iterations thereof;
"Account" means the personal virtual borrower's profile created and maintained by You on the App;
"You" means You, as a borrower or user of the Loan Service, and all similar words herein referring to or in connection with You shall be construed accordingly.
"Materials" any logos, text graphics, videos, images, photos, software and other content available on the Website;
"Applicable Law" means Companies and Allied Matters Act (CAMA), Money Lenders Law, Federal Competition and Consumer Protection Act (FCCPA), Nigeria Data Protection Regulation, Federal Inland Revenue Service (Establishment) Act and all other applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, regulatory permits, regulatory licences, etc. and having jurisdiction of the courts of the Federal Republic of Nigeria in any related matter arising from it;
"Borrower" means a registered user or account holder who uses our Services by obtaining loan from the Platform;
"Content": any or a combination of materials may include logos, text graphics, videos, images, photos, software and other content;
"Loan Maturity Date" means the date specified by Futurecash as the date for the final repayment of the Loan at the time of granting You the Loan;
"Interest" means the additional cost charged on the loan principal, representing the fee for borrowing, usually expressed as a percentage;
"Penalty Interest" means the default fee that shall apply on the Loan and Interest during the Rollover Period;
"Loan Extension" means opportunity to rollover part or total outstanding loan;
"Loan Period" means the initial term of the Loan as indicated in the App;
"Loan Service" means the services (including the granting of loans) provided on the App;
"Loan Amount" means the principal amount granted to You by us upon Your request through the App from time to time or (as the context requires) the principal amount outstanding for the time being of that loan;
"Transaction Fees" includes any fees and charges payable for the use of the Loan Service or by such other means as Futurecash shall in its sole discretion determine. Transaction Fees are subject to change at any time with prior notice;
"Loan Principal" means the original amount borrowed, excluding interest, forming the core debt to be repaid;
3. Privacy Policy
Futurecash is committed to managing your Personal data in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.
4. Registration
To use the Services, you are required to create an account (an "Account") with us. To create an Account, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number, residential address, bank details.
You agree that the information you provide to Futurecash on registration and at all other times will be true, accurate, current and complete and that you will keep this information accurate and up-to-date at all times.
You affirm and guarantee that you possess the legal entitlement to provide us with the entirety of the information you have disclosed and that such information does not violate the rights of any third parties.
Please notify us immediately of any unauthorised use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements.
Some aspects of the Services or the Services in their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device's geolocation information. We may add to or remove the areas in which the Services are or are not available, are partially or fully available, at any time, without notice to you.
5. Eligibility
Our service are not directed to persons under 18 years old. We do not knowingly transact or provide any services to persons under 18. Using the Platform, you represent and warrant that you meet all of the eligibility requirements. If you do not meet these requirements, you are not permitted to access or use the Platform.
Creating an account does not guarantee loan request approval. Futurecash holds the sole discretion for loan request approval upon meeting the following requirements:
·You are a Nigerian citizen
·You are over 18 years old
·You must have a BVN, a bank account and a phone number
·You must have a consistent source of income
·You cannot be in default on any other loan previously.
·You are independently responsible for complying with all applicable laws related to your use of our Services.
6. Loan Services
(1) Loan Amount
Futurecash offers loans ranging from NGN 5,000 to a maximum of NGN 200,000. The specific loan amount you qualify for is determined by our system evaluating your scoring rates and credit history. The approval of the requested loan amount is not guaranteed if it does not meet our highest-level requirements. However, as your scoring rates and credit history improve, there is a possibility of accessing an increased loan amount. For first-time applicants, the initial loan amount may be lower than the maximum loan offers.
(2) Loan Approval
Once the loan is approved, the funds will be transferred to Your bank account provided to us.
(3) Loan Repayment
As a Borrower, You agree to repay the loan amount (including both the principal, accrued interest and other fees) through any payment options provided by Futurecash. Loan repayment may be made through the following channels, including:
·Bank Transfer
·USSD Transfer
·Alternative Third-party Service Payment Providers
The Borrower is responsible for ensuring timely repayment of Loans on or before the Loan Maturity Date. You assume overall responsibility for payment, even in the event of technical issues with the client's bank, or hindrances such as direct debit/app/web link failures that prevent payment.
(4) Earlier payment by you
You have the right to pay off some or all of the debt that you owe us before the due date (early payment). If you pay the outstanding balance under this Agreement before the date the final payment falls due, this will enhance your credit score with us which may qualify you for good pricing and loan amount in your future loan disbursement. When you make a partial payment, we will first use it to pay any arrears or Penalty Interest and then apply the payment to reduce the agreement term.
(5) Loan Extension
The Borrower agrees to repay the entire loan amount no later than the Loan Maturity Date specified in the Loan Agreement. Where the Borrower cannot meet the obligation to repay the Loan before the Loan Maturity Date, the Borrower can apply for a Loan Extension on or before the Loan Maturity Date subject to the following:
·The Borrower may opt to apply for a Loan Extension to extend the loan by covering only the accrued interest and where Loan Extension is granted;
·Following the Borrower's application for Loan Extension, Futurecash has the discretion (but not the obligation) to extend the loan by the same Loan Period in the Loan Agreement;
·The terms of the Loan Agreement, including interest rates and repayment conditions shall remain applicable during the Loan Extension period.
(6) Loan Repayment Default
All outstanding loan amounts will become immediately due and payable without extension opportunities if any of the following events occur:
·Failure to make timely loan repayments and request an extension before loan expiry.
·Breach of loan terms and conditions, including affirmations in the loan agreement.
·Filing for bankruptcy.
·Detecting fraud or suspicious activity.
Inability to meet financial obligations as defined by Section 1 of the Bankruptcy Law.
·Lender's determination of loan inappropriateness due to specific circumstances.
·Non-compliance with any condition or agreement in this document.
Futurecash will collect the total amount due on each Loan Maturity Date as outlined in the provided repayment time of the Loan Agreement.
After 24 hours of non-payment of the outstanding repayment amount from the repayment date, an additional 2.5% Penalty Interest will accrue daily on the outstanding amount.
Upon default, we may use external Collections Agencies to collect the outstanding amount or initiate legal proceedings without prior notice.
We may terminate these Terms of Use if you engage in fraud or criminal activities or provide misleading information. In such cases, the full loan amount with interest may be demanded.
7. Change of Information
The User may at any time and from time to time notify us in writing of a change of any information provided to us at registration, including your address. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us.
8. Representations and Warranties
You represent and warrant to Futurecash that:
·You have full power and authority to enter into, execute, deliver and perform this Agreement;
·You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;
·Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete;
·You will keep all information up-to-date;
·You will only use your Account for legal transactions. We will not be held liable if you engage in illegal transactions;
·You agree to take reasonable precautions to prevent unauthorised usage of your Account; and
·You accept and agree to these Terms.
You agree to indemnify us against any and all actions, claims, costs, damages, demands, expenses, liabilities, fines, sanctions, losses and proceedings we directly incur or which are brought against us if you have acted fraudulently, been negligent, failed to comply with your legal obligations, or have misused the Account, the platform, or any of the Services.
9. Account Security
You will also take all reasonable steps to protect the security of the personal electronic device through which you access our Services and not share your device with other people. You agree not to allow anyone else to access or use your Account and to comply with all reasonable instructions we may issue regarding account access and security.
10. Communications
Futurecash communicates by text messages, email, and other alerts. To use the Services, you are required to provide and verify your mobile device number or other text message address to us, and you are required to expressly consent to receive text messages relating to the Services at that number or address. This is a condition of the Services provided to you by Futurecash.
11. Links to or Connections with Third-Party Sites or Applications
Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, "Third-Party Content"). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, "Third-Party Services").
We do not control, maintain, or endorse the Third-Party Content or Third-Party Services, and we are not liable for any Third-Party Content or Third-Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third-Party Content or Third-Party Services providers, including products or services offered by such third parties, are solely between you and the third party.
You should review all the relevant terms and conditions associated with Third-Party Content or Third-Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third-Party Content or Third-Party Services. Any links or advertisements on this Website should not be taken as our endorsement.
12. Unacceptable Use
You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable law, then you are not authorised to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
We offer the Services and the features, information, materials, and content provided and depicted through the Services (collectively, "Content") solely for your personal use for the purposes described therein and in these Terms. All other uses are prohibited. You may not restrict or inhibit anyone from using or enjoying the Services or Content.
The Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable law. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, licence, publish, display, download, transmit, or otherwise exploit any Content in any form by any means.
Without limiting the foregoing, you agree not to (and not to allow any third party to):
(a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorised by us;
(b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure;
(c) utilise any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services;
(d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party;
(e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party;
(f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content;
(g) modify the Services or Content or create any derivative product from any of the foregoing;
(h) remove or obscure any proprietary or other notices contained in the Services or Content;
(i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion;
(j) jeopardise the security of your Account or any other person's Account (such as allowing someone else to use your username and password to access the Services);
(k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services;
(l) violate the security of any computer network or crack any passwords or security encryption codes; or
(m) run Maillist, Listserv, any form of auto- responder or "spam," or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content.
We do not grant you any licences, express or implied, to our intellectual property or our licensors' intellectual property, except as expressly stated in these Terms. We and our third-party licensors retain all rights, titles, and interests in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Account for any reason, including, but not limited to, your breach of these Terms.
13. Intellectual Property
(1) Our Content
All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Futurecash and/or its third-party licensors. The Nigerian and international intellectual property laws and treaties protect our content. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel or any licence or right to use our content except as expressly stated in the Agreement.
(2) Our Partners' Intellectual Property
Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our "Partners' Intellectual Property"). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.
14. Disclaimer
(1) Services Disclaimer
The content of the Services you obtain or receive from Futurecash and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the services are for your use (as described above) only.
(2) Disclaimer of Warranties
We try to keep our services available at all times, bug-free and safe, however, you use it at your own risk.
Our Services are provided "AS IS" without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Futurecash makes no warranty that our Services will meet your requirements.
15. Limitation of Liability
Futurecash is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
(a) your use of or your inability to use our Services;
(b) delays or disruptions in our Services;
(c) viruses or other malicious software obtained by accessing, or linking to, our Services;
(d) glitches, bugs, errors, or inaccuracies of any kind in our Services;
(e) damage to your hardware device from the use of the Services;
(f) the content, actions, or inactions of third parties' use of the Services;
(g) a suspension or other action taken with respect to your Account;
(h) your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms of Use.
In no circumstance will Futurecash, our affiliates, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities (whether Futurecash has been advised of the possibility of such damages or not) arising out of our website or services (including, without limitation to inability to use or arising from the result of the use of our website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.
We cannot guarantee that the Website or any Services provided will be uninterrupted, secure or error-free. We make no warranty against electronic viruses, worms, or any other defect or problem that may occur with respect to any viewing or use of the Website or any e-mail or document we provide. We are not responsible for any loss or damage caused or resulting from the use or failure to provide the Website or any virus or defect resulting from any e-mail or document we send.
We have made every effort to ensure that products are displayed as accurately as possible but cannot be responsible for variations. What you see depends on your monitor and settings; we cannot guarantee that this will be accurate.
16. Termination
(1) Termination by Us
Without limiting other remedies, Futurecash may immediately terminate or suspend your access to and/or use of our Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers if you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of our Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable to comply with legal requirements or to protect the rights or interests of Futurecash or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever for any change to the Services or any suspension or revocation of your access to or use of the Services.
We may suspend your Account and access to our Services and any funds or terminate this Agreement if:
·you do not comply with any of the provisions of this Agreement;
·we are required to do so by a Law;
·we are directed by a financial institution; or
·where a suspicious or fraudulent transaction occurs.
Futurecash reserves the right to cancel the loan if additional information is received after the agreement but before disbursement raises concerns or if technical issues prevent the disbursement. In such cases, no obligations will be imposed on the Borrower.
(2) Termination by You
You may terminate acceptance of this Agreement at any time by permanently deleting the Application in its entirety from the Authorised Device, whereupon (and without notice from Futurecash) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this Agreement, any rights granted herein will automatically terminate. In the event of such termination, you are required to delete the Application from the Authorised Device immediately.
The termination or suspension of Your Account, as stated in Clause 15, will not affect existing obligations for Loan Repayment. Regardless of the circumstances leading to termination or suspension, Your responsibilities for repaying outstanding loans remain in effect. Futurecash shall have no liability for any changes to the Services or any suspension or revocation of your access to or use of the Services.
17. Effect of Termination
Upon termination of this Agreement, you understand and acknowledge that we will have no further obligation to provide or allow access to your Account or the Services. All licences and other rights granted to you by this Agreement will immediately cease upon termination. Futurecash is not liable to you or any third party for termination of the Services or your use of the Services. Furthermore, except as may be required by applicable law or as provided in our Privacy Notice, Futurecash will have no obligation to store or maintain (or delete or destroy) any information stored in our database.
18. Notice
Futurecash may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your Account.
Such notice shall be deemed to have been given upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 (twelve) hours after sending (if sent by email or telephone). You may give notice to Futurecash, with such notice deemed given when received by Futurecash, at any time by first class mail or pre-paid post to our registered office address for service of process or email for general communication.
19. Applicable Law
This Agreement, the Site Terms of Use, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of Nigeria.
20. Dispute Resolution
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled by mutual agreement/negotiation within 1 (one) month shall be referred to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.
Where Mediation fails, both parties agree to resort to Arbitration before the Lagos Court of Arbitration (LCA) under the Arbitration and Mediation Act 2023 (AMA) provisions. The decision of the LCA shall be binding on both parties, where it does not raise an objection within 6 (six) months from the decision.
21. Force Majeure
When circumstances beyond your or our control arise, You and Futurecash will temporarily be relieved from performing our obligations under this Agreement.
You and Futurecash will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labour disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties' reasonable control.
22. Severability
Where any portion of these Terms of Use is deemed invalid or unenforceable either in whole or in part by any court or tribunal, such part shall be severed from the Terms of Use. It shall not affect the validity or enforceability of any other part of this Terms of Use.
23. Updates, Modifications, and Amendments
As our technology evolves, we may need to update, modify, or amend our Terms of Use, tools, utilities, or general updates. We reserve the right to make changes to this Terms of Use at any time without notice to you.
Updates or upgrades may include security or bug fixes, performance enhancements, or new functionality and may be issued with or without prior notification to the User. The User hereby consents to such automatic updates.
Please check this page often, referring to the date of the last modification on the page to ensure you are familiar with the current version of the Terms of Use. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately.
24. Feedback and Complaint
The User agrees to use commercially reasonable efforts to provide feedback to Futurecash regarding the Services and agrees that Futurecash shall have all rights, title, and interest in and to all comments, suggestions, and other feedback (collectively, "Feedback") provided by the User to Futurecash related to the Products. The User shall and hereby irrevocably transfer and assign to Futurecash all rights, titles and interests it may have in such Feedback to Futurecash, and Futurecash hereby accepts such transfer.
If you have any complaints or reservations about us or any of the Services we provide, you may contact us at help@futurecashloan.com.