Terms of Use

These Terms of Use (the "Terms") represent a legally binding contract between you and Zimi Technologies Limited ("Zimi", "we" or "us"). By accessing or using content; services and materials on Zimi's website located at [https://withzimi.com] (the "Website"), any of the services provided therein (collectively, the "Services") and the materials may include logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), 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.

1. About Us

Zimi (“Zimi”, “We”, “Us”, or “Our”) offers a platform for invoicing and loans. This platform gives users the ability to create and send invoices of amounts due to their customers. These customers can either pay the amount due immediately or select to pay at a later date.

Where the customer has opted to pay at a later date, the invoice can be used by the user as collateral for securing a loan from Zimi.

This Terms of Use is an Agreement between you and Zimi. It details Zimi’s obligations to you. It also highlights the risks of using our Services, and you must consider such risks carefully as the provisions of this Agreement will bind you through your use of this website or any of our services.

2. Privacy Notice

Zimi is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.

3. Registration

To use our Platform, you have to create an account by registering. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number, business information (corporate documents); bank details of the company; at least one director’s personal information (which includes name, address, email address, card details, BVN, and bank details.) and we may seek to verify your information (by ourselves or through third parties) after which we will approve your account unless deemed risky to our business. You give us permission to do all these. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilize some features of the Services we provide.

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. Our site is intended principally to facilitate the trade of invoices between willing parties. No information on this website is intended to amount to advice, recommendation, or inducement to participate in any trade or deal with any User.

Where necessary, Users must seek professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that we are a technology business. We do not provide trade or financial advice of any kind. We, therefore, disclaim to the fullest extent possible under law, liability in relation to the foregoing.

4. Age Restriction

Our Website and Services are not directed to persons under 18. We do not knowingly transact or provide any services to persons under 18.

You are independently responsible for complying with all applicable laws related to your use of our Website and Services.

5. Change of Information

In the event that you change any information provided to us at registration, including your business name, address, financial institution, mode of payments, or where a corporate restructuring occurs, you agree to notify us within 7 days of such change. 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.

6. Representations and Warranties

You represent and warrant to Zimi that:

• You have full power and authority to enter into, execute, deliver and perform this Agreement;
• You are duly organized, authorized, and in good standing under the laws of the Federal Republic of Nigeria or any state, region, or country of your organization and are duly authorized to do business in all other states, regions, or countries in which your business operates;
• 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; and
• You accept and agree to these Terms.

7. Account Security

You agree to not allow anyone else to access or use your password details and comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Zimi will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access the Services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access the Services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact Zimi if you become aware of any unauthorized access to your Account.

8. 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 of 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.

9. Responsibilities

By agreeing to these terms of use, you agree to the following responsibilities:

• The usual and customary charges for any services rendered by collaborating providers profiled on the site will apply and will be entirely your responsibility.
• You are responsible for all use of the site and for all use of your credentials, including use by others to whom you have given your credentials.
• You agree that you shall not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials, and/or the services.
• You agree that you shall not create user accounts by automated means or under false or fraudulent pretenses.
• It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within this agreement.
• You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the Services.
• You shall not access, retrieve, or index any portion of the site and/or the Services to construct or populate a searchable database of reviews related to the Services provided.

10. Unacceptable Use

You shall not permit any person using your device or Account to:

• Use this platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
• Store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
• Conduct any fraudulent or illegal activities via the Platform;
• Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Zimi or by applicable statutory law), modify or alter any part of the Services;
• Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity); Improperly use support channels or complaint buttons to make false reports to Zimi;
• Encourage any third party to (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent, or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Zimi or otherwise disparages or devalues Zimi's reputation or goodwill;
• Make representations (with respect to Zimi), which are not approved in advance and in writing by Zimi. You shall obtain Zimi's prior written approval to the content of any marketing message, and with respect to any use of Zimi's trade name and/or trademarks and/or designs in connection with the Services and Materials;
• Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
• Attempt to use the Services on or through any other platform or third-party service provider that Zimi does not authorize. Any such use is at your own risk and may subject you to additional or different terms. Zimi takes no responsibility for your use of the Services through any platform or third-party service provider that is not authorized by it;
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;
• Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users;
• You hereby understand and agree that if fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report it to the appropriate law enforcement agencies.

11. Intellectual Property

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 Zimi and/or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. 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 otherwise, any license or right to use our content except as expressly stated in the Agreement.

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 license 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.

12. Disclaimer

Services Disclaimer
The content of the Services that you obtain or receive from Zimi, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the services is for your use (as described above) only.

Disclaimer of Warranties
We try to keep Zimi available at all times, bug-free and safe, however, you use it at your own risk. Our Website and 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, Zimi makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our Website or from Zimi, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "Zimi parties") shall create any warranty.

13. Indemnity

You agree to defend, indemnify, and hold Zimi, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Zimi Party's liability shall be the minimum permitted under such applicable law.

15. Applicable Law

These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

16. Dispute Resolutionusions

All disputes arising from this Agreement shall be governed by and construed in accordance with Nigerian law. Any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity, contractual obligation, or termination by the Parties, shall be settled through amicable informal and formal discussions between the Parties. If any such dispute is not settled between the Parties within fourteen (14) business days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.

In the event that such dispute is not resolved amicably within 1 (one) month, such dispute shall be resolved by the applicable court of competent jurisdiction. Parties agree that the defaulting party would be liable for litigation costs accruing to the contractual disputes.

17. Termination

You may terminate this Agreement by closing your Account. We may suspend your Account and your 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.
• If you violate these Terms or any of our User T&Cs on the website; Zimi reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Services. You agree that Zimi does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice at its sole discretion.

You agree that you will comply fully with these Terms, and all applicable domestic and international laws, regulations, statutes, and guidelines that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.

18. Severability

Where any portion of this 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 and shall not affect the validity or enforceability of any other part in this Terms of Use.

19. 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 by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. 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.

20. Complaints

If you have any complaints or reservations about us or any of the Services we provide, you may contact us via: support@withzimi.com
This Terms of Use was last updated on the 30 October, 2023