Tendar Inc. (“Tendar”) has designed this website (“the Platform) for providing lending solution processes and applications as services to customers.
Tendar is an independent service provider and does not have control or assume responsibility or liability for any transaction initiated or concluded on the platform.
If you do not accept the terms and conditions stated here, do not use this platform. By using this platform, you are indicating your acceptance to be bound by the terms of these terms and conditions. Tendar may revise these terms and conditions at any time by updating this posting. You should visit this page regularly to review the terms and conditions because they are binding on you. The terms "You" and "User" as used herein refer to a customer accessing this platform for the services or any other reason.
The platform serves as the most convenient resort for persons intending to use software solution for lending services. Users are prohibited from using the platform (a) in violation of any applicable law or regulation, (b) accessing data not intended for such user or logging into an account which the user is not authorized to access, (c) attempting to probe, scan or test the vulnerability of the platform or to breach security or authentication measures without proper authorization, (d) attempting to interfere with service to any user, via means of submitting a virus to the platform, "flooding", "spamming", "mailbombing" or "crashing" the platform. Violations of system or network security may result in civil or criminal liability. Tendar will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
These terms and conditions constitute an agreement between you and Tendar. It highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of our services.
To use the platform, you have to create an account by registering. To register, you will provide us with certain information, after which we will approve your account unless deemed risky. You give us permission to do all these.
In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 7 days of such change.
You represent and warrant to Tendar that: 1. you have full power and authority to enter into, execute, deliver and perform this Agreement; 2. you are duly organized, authorized and in good standing under the laws of the Federal Republic of Nigeria or any state or local government and are duly authorized to do business in all states in which your business operates.
You agree not to allow anyone else to have or use your login details and to comply with all instructions we may issue regarding account access and security. In the event you share your password details, Tendar will not be liable to you for losses or damage. You will also take all reasonable steps to protect the security of the personal electronic device through which you access our services.
We are responsible for the security and protection of Data we collect and store. Accordingly, we implement access control measures, security protocols and standards to ensure safety of Data. We also implement periodic security updates to ensure that our security infrastructures are in compliance with reasonable industry standards. We acknowledge that you own all your data. You hereby grant Tendar a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your data for the following purposes: 1. providing and improving our services. 2. internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized. 3. complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and 4. any other purpose for which consent has been provided.
We hereby grant you a revocable, non-exclusive, non-transferable license to use Tendar’s platform subject to these terms and conditions for the purpose of our Services. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with our services. If you do not comply with the requirements provided by Tendar, then you will be liable for all resulting damage suffered by you, Tendar, or any third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the platform.
Our Fees will be calculated per transaction as demonstrated in the commercial agreement between Tendar and you. We reserve the right to revise our Fees. In the event that we revise our fees we will notify you within 7 days of such change.
This platform is provided “as is” without any representations or warranties, express or implied. Tendar makes no representations or warranties in relation to this platform or the information and materials provided on this platform. Without prejudice to the generality of the foregoing paragraph, Tendar does not warrant that:
● this platform will be constantly available, or available at all; or
● the information on this platform is complete, true, accurate or non-misleading. Nothing on this platform constitutes, or is meant to constitute, advice of any kind. LIMITATIONS OF LIABILITY
Tendar will not be liable to you or any users (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this platform:
● for any direct, indirect, special or consequential loss; or
● for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Tendar has been expressly advised of the potential loss.
To the extent permitted by law, Tendar’s maximum liability arising out of or in connection with any use of the platform, regardless of the cause of action and the transaction value (whether in contract, tort, breach of warranty or otherwise), will not exceed N50,000 (Fifty Thousand Naira) or 10% of the transaction value whichever is lesser.
By using this platform, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
You accept that, as a limited liability entity, Tendar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Tendar's officers or employees in respect of any losses you suffer in connection with the use of this platform. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this platform will protect Tendar’s officers, employees, agents, subsidiaries, affiliates, successors, assigns and sub-contractors.
You agree to defend, indemnify and hold harmless Tendar, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms and conditions or your use of this platform, including or by your authorized users of our services other than as expressly authorized in these terms and conditions.
We do not grant any right or license to any Tendar’s intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement. Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.
All information relating to either Party (the “Disclosing” Party) that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by the other Party (the “Receiving” Party) and will not be disclosed or used by the Receiving Party except to the extent that such disclosure or use is reasonably necessary under this Agreement.
Without prejudice to Tendar’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Tendar may take such action(s) it deems appropriate to deal with the breach, including suspending your access to the platform.
Tendar may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this platform from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Tendar may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
We may suspend your access to our services or terminate this Agreement, if you do not comply with any of the provisions of these terms and conditions, or we are required to do so by a Law or where a suspicious or fraudulent transaction occurs
These terms and conditions shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
If any portion of these terms and conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these terms and conditions and shall not affect the validity or enforceability of any other part in these terms and conditions.
No waiver of by Tendar of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tendar to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.