The Services rendered by Oxymon on this website or software application are provided subject to the following Terms and Conditions
You must be at least 18 (eighteen) years old to any of our Services; by using our Services or agreeing to these terms and conditions, you represent and warrant to us that you are at least 18 years of age.
In accessing the Services, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as an international passport or a national drivers’ license; a copy of your utility bill, bank statement, affidavit, or other document, dated within three months of our request, with your name and Nigerian street address on it; and such other information and documentation that we may require from time to time. You hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that you provide. You agree to promptly notify us of changes to your User information provided.
The Service are provided "as is" without any warranties or guarantees of any kind. Oxymon and its affiliates disclaim all warranties with regard to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied with any portion of the Services, or with any of these Terrms, your sole and exclusive remedy is to discontinue using the Services.
Oxymon is not liable for any damages you may incur as a result of using the services. In no event shall Oxymon or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or in any way connected with the use or performance of the service, with the delay or inability to use the service, the provision of or failure to provide services, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability, or otherwise, even if Oxymon or any of its suppliers have been advised of the possibility of such damages.
You hereby indemnify, hold harmless and defend Oxymon, and its subsidiaries, affiliates, officers, directors, agents or employees harmless, against all claims or demands for damages of any kind and nature whether punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under breach of contract, tort, negligence, or strict liability. The foregoing indemnity shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Events of Default may be said to occur in any of the instances hereto:
a. You fail to pay any sum payable under a Loan in accordance with a scheduled repayment date, plan or undertaking
b. Any representation/information, warranty or assurance made or given by you in connection with the application for a Loan or any information or documentation supplied by you is found to be incorrect, inaccurate or misleading;
c. You are declared bankrupt, insolvent or unable to pay your debts as they fall due; or
d. Oxymon receives information to reasonably believe that any of the instances in this Clause has or is about to occur.
Upon occurrence of an Event of Default as described above, Oxymon may, without prejudice to any other right or remedy granted to it under any law terminate this Agreement and do any or all of the following:
a. Declare that the Loan (and all accrued interest and all other amounts outstanding under this Agreement is immediately due and payable by demanding via notice to you. You consent and authorize Oxymon to utilize all reasonable and lawful means (including but not limited to letters of demand, lien on your account, legal proceedings) to recover all outstanding debts and accruing interests where an event of default occurs; or
b. Assign its right, title and interest under the Agreement to an external collections agency or third party who will take all reasonable steps to collect the outstanding Loan (together with any interest and fees accrued), and in this regard, Oxymon shall have the right to share with such collection agencies, any information about you which it deems relevant. You hereby consent and agree that:
a. Any repayment plan agreed to shall be enforceable against you and you remain liable for any cost incurred in enforcing such payment;
b. Oxymon also reserves the right to institute legal proceedings for the recovery of the Loan against you without any prior notice or your consent;
c. Oxymon shall have the right to enforce all legal judgments and recover all its outstanding from you without limitation or prejudice to your undertaking or any repayment plan.
You agree to remain liable for all taxes payable in connection with the Services. All payments to be made by you in connection with these services are calculated without regard to any taxes payable by you. You agree that Oxymon, where required by law or pursuant to agreements with any tax authority to deduct any taxes, may deduct such taxes.
You undertake not to disclose any information contained herein or reproduce this document in any form, in whole or in part, post, publish or transmit it without prior consent of Oxymon. The obligations relating to Confidential information will continue after termination of the access to the Services.
Oxymon may in its sole discretion and at any time terminate your access to the Services or discontinue providing the Services or any part of the Services, with or without notice to you. You agree that Oxymon will not be responsible or liable to you or any third party for modifying or discontinuing the Service, or for terminating or suspending your access to the Service.
Except expressly stated, all transactions shall be subject to and construed in accordance with the laws of the Republic of Nigeria. All disputes arising from this Terms shall, in the first instance, be resolved through conciliation by Parties. Where resolution cannot be reached within thirty (30) days, the Parties shall submit all disputes arising under this Agreement to Arbitration by a sole arbitrator, jointly appointed by Parties. The place of arbitration shall Lagos, Nigeria. The language to be used in the arbitral proceedings shall be English and the award shall be final and binding upon the parties.
If any provision of this Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Terms and Conditions as far as possible without modifying the remaining provisions.
Failure to insist on performance of any of the terms of this Terms and Conditions will not operate as a waiver of any subsequent default. No waiver by Oxymon of any right under this Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Oxymon may from time to time assign its rights and obligations to its Affiliates. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.
You must not breach any laws or regulations when using the Services nor use the Services to violate or infringe the rights of any other person, including the rights of other users.
These Terms and Conditions may be amended or varied by Oxymon from time to time and your continued use of the Services constitutes your consent to be bound by the terms of any such amendment or variation. Such changes will be posted, it is your responsibility to remain informed of any such changes.