1. Definitions
   

   For the purposes of this Agreement and the preamble above, unless the context requires otherwise: "Application" - refers to Empire Trust Mfb mobile application which allows you to carry out the process involved in creating and requesting for loan. "Acceptable Use Restrictions" - has the meaning given to it in clause 5; "Agreement" - means this Agreement; “Accountholder” - shall mean a person, who, by the terms of the Account, has a present right to request for a loan or draw upon the funds in an Account and who is titled on the Account Documents as the owner of the Account. “Business Day” - shall mean a calendar day other than a Saturday, a Sunday, or any Federal holiday. Saturday, Sunday, and Federal holidays are not considered Business Days, even if we are open. "Credentials" - means your personal identification for the purpose of accessing the Application and operating your Account; "Credit Reference Organizations" - includes any financial institution or a credit reference organization duly licensed under the laws and regulations of Nigeria at every given time, to among other things, put together and make possible the sharing of customer credit information; "Encumbrance" - includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person; "Equipment" - includes your smart phone, SIM Card and/or other equipment which when used together enables you to access the Application; "Force Majeure" - means events, circumstances or causes beyond the reasonable control of Empire Trust Mfb making Empire Trust Mfb’s performance of its obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, strikes or labour disputes, embargoes or government orders; Licence Restrictions - has the meaning given to it in clause 4; "Mobile Network Operator" - means a mobile network operator in Nigeria licensed in accordance with the relevant laws and regulations; "Network" - means a mobile cellular network operated by a Mobile Network Operator; "Payment System Provider" - means a Deposit Banks, and other financial institutions that has been duly licensed by the laws and regulations of Nigeria to operate electronic payment services; "Privacy Policy" - means the Empire Trust Mfb privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us; "Privacy Notice" - shall mean Empire Trust Mfb Account Privacy Notice, which governs the Bank's customer information-related operations can be accessed online at https://www.empiretrustmfb.com/home/privacy. "You" and "your" - shall mean the Accountholder, as provided for in these Terms and Conditions. "We," "us," "our," "Empire Trust Mfb" and the “Company” - shall mean Empire Trust Microfinance Bank Limited, our successors, affiliates, assignees, and service providers.

   "Request" - means a request or instruction received by Empire Trust Mfb from you or purportedly from you through the Network and the Electronic Payment System and upon which Empire Trust Mfb is authorized to act; "Services" - shall include any form of financial services or products that Empire Trust Mfb may offer you pursuant to this Agreement and which you may from time to time subscribe to; and “Service” - shall be construed accordingly; "SIM Card" - means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and subsequently your Empire Trust Mfb account "SMS" - means a short message service consisting of a text message transmitted from your mobile phone to another; "System" - means Empire Trust Mfb’s electronic communications software enabling you to communicate with Empire Trust Mfb for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Empire Trust Mfb Mobile Application and Internet Banking System; "Technology" - has the meaning given to it in clause 3.1.4; "Transaction Fees" - includes any fees and charges payable for the use of the Services as published by Empire Trust Mfb on Empire Trust Mfb’s website or by such other means as Empire Trust Mfb shall in its sole discretion determine. Transaction Fees are subject to change at any time at Empire Trust Mfb’s sole discretion; and "Account" shall mean your electronic money store of value, the main Account maintained at Empire Trust Mfb to which fund may be deposited and/or withdrawn. “Account Documents” - shall mean the Agreement together with all other documentation pertaining to your Account, including without limitation, application or other forms, disclosures, schedules (including any fee schedules), statements, notices, communications, advertising or promotional materials, and policies.

2. Interpretation
   1. In addition to the definitions in clause 1.1, unless the context requires otherwise: the singular shall include the plural and vice versa;
   2. a reference to any one gender, whether masculine, feminine or neuter, includes the other two.
   3. All the headings and sub-headings in this Agreement are for convenience only and are not to be taken into account for the purposes of interpretation of this Agreement.
   4. The recitals and schedules shall be deemed to form part of this Agreement.

You may open account on the Empire Trust Mfb App after you have accepted these Terms and Conditions and the Privacy Policy. You hereby consent us to using information provided to us, from your Equipment or other databanks for the purpose of account opening.

1. You must carefully read and understand the Terms and Conditions set out in this Agreement and as amended from time to time by Empire Trust Mfb (the Terms and Conditions) before downloading or installing the Empire Trust Mfb App or opening an account with Empire Trust Mfb which will govern the use and operation of the Empire Trust Mfb App and the Account.
2. After downloading the Empire Trust Mfb App, you will be deemed to have accepted the Terms and Conditions immediately upon your clicking the “Continue” button during your onboarding on Empire Trust Mfb’s System or any other button which signifies your acceptance of these Terms and Conditions and an intention to use the Empire Trust Mfb App. If you do not agree with the Terms and Conditions please do not click “Continue” in Empire Trust Mfb’s System. Please note that you will not be able to access the Services if you decline the Terms and Conditions. If you do not agree to the Terms and Conditions, we will not give you access to Empire Trust Mfb Services.
3. By downloading the Empire Trust Mfb App and opening an Account with Empire Trust Mfb, you agree to comply with and be bound by the Terms and Conditions governing the operation of the Account and you affirm that the Terms and Conditions herein are without prejudice to any other right that Empire Trust Mfb may have with respect to the Account in law or otherwise.
4. You agree that your telephone calls with us may be monitored and recorded for quality assurance and security purposes.
5. These Terms and Conditions may be amended or varied by Empire Trust Mfb from time to time and your continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Empire Trust Mfb will take all reasonable measures to notify you of any changes.
6. From time to time updates to the Empire Trust Mfb App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or installed the latest version of the Empire Trust Mfb App and accepted any new terms and conditions.
7. By using the Empire Trust Mfb App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your data for account opening or to improve our Services and/or your experience while using the Empire Trust Mfb App.

1. You must:
   1. not use the Empire Trust Mfb App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Empire Trust Mfb App, any Service or any operating system;
   2. not infringe our intellectual property rights or those of any third party in relation to your use of the Empire Trust Mfb App or any Service, including the submission of any material (to the extent that such use is not licensed by this Agreement);
   3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Empire Trust Mfb App or any Service;
   4. not use the Empire Trust Mfb App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
   5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

1. INTELLECTUAL PROPERTY RIGHTS
   1. You acknowledge that all intellectual property rights in the Empire Trust Mfb App and the Technology anywhere in the world belong to us or our licensors, that rights in the Empire Trust Mfb App are licensed (not sold or assigned) to you, and that you have no rights in, or to, the Empire Trust Mfb App or the Technology other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the Empire Trust Mfb App in source-code form.
2. USE OF THE SERVICES
   1. The Services offered by Empire Trust Mfb can only be utilized by persons over the age of 18. Empire Trust Mfb reserves the right to verify the authenticity and status of your Bank Accounts and Bank Verification Numbers with the relevant Payment System Provider.
   2. Empire Trust Mfb’s acceptance of your application for an Account will be displayed on the Empire Trust Mfb App. You hereby acknowledge and accept that the acceptance by Empire Trust Mfb of your application for an Account does not create any contractual relationship between you and the Empire Trust Mfb Mobile Application System Provider.
   3. Empire Trust Mfb reserves the right to decline your account opening request or to revoke the same at any stage at Empire Trust Mfb’s sole and absolute discretion and without assigning any reason or giving any notice thereto.
3. PERSONAL INFORMATION
   1. You hereby agree and authorise Empire Trust Mfb to verify information provided by you to Empire Trust Mfb against the information held by the Empire Trust Mfb Mobile Application System Provider pursuant to the agreement between you and the relevant Payment System Provider for the provision of its products and services and the Electronic Payment Service and any other information bank available to Empire Trust Mfb in Nigeria.
   2. The information that Empire Trust Mfb may verify against the information held by the Payment System Provider includes (without limitation): your phone number, name, date of birth, Identification Number (“ID”) or Passport Number and such other information that will enable Empire Trust Mfb to identify you and comply with the regulatory “Know Your Customer” requirements in your country (together the “Personal Information”).
   3. You hereby agree and authorise Empire Trust Mfb to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Equipment, from any SMS sent to you or by you, from any 3rd party applications, and such other information as Empire Trust Mfb shall require for purposes of providing you the Services (the “Relevant Information”).
   4. You hereby consent to Empire Trust Mfb verifying the Personal Information and the Relevant Information provided by you and using the Personal Information and the Relevant Information to the extent necessary in Empire Trust Mfb’s opinion.
   5. You hereby agree and authorize Empire Trust Mfb to obtain and procure your Personal Information and Relevant Information and you further agree and consent to the disclosure and provision of such Personal Information and further to indemnify and hold Empire Trust Mfb harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
   6. Empire Trust Mfb reserves the right to request for further information from you pertaining to your application for an Account at any time. Failure to provide such information within the time required by Empire Trust Mfb may result in Empire Trust Mfb declining to accept your application for an Account.

1. You hereby irrevocably authorise Empire Trust Mfb to act on all Requests received by Empire Trust Mfb from you (or purportedly from you) through the System or your Equipment and to hold you liable in respect thereof. Empire Trust Mfb may nevertheless refuse to carry out any Requests in its sole and absolute discretion.
2. Empire Trust Mfb shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, Empire Trust Mfb believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
3. Empire Trust Mfb shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which Empire Trust Mfb may act if Empire Trust Mfb has in good faith acted in the belief that such instructions have been sent by you.
4. Empire Trust Mfb may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you.
5. You agree to and shall release from and indemnify Empire Trust Mfb against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Empire Trust Mfb having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
6. You acknowledge that to the full extent permitted by law, Empire Trust Mfb shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account Personal Identification Number, password, ID or any means whether or not occasioned by your negligence.
7. Empire Trust Mfb is authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws in Nigeria.
8. In the event of any conflict between any terms of any Request received by Empire Trust Mfb from you and this Agreement, this Agreement shall prevail.

1. A statement and activity report in respect of your Account will be made available on Request. it is also available via the Empire Trust Mfb App. Requests shall be made via our e-mail address: support@empiretrustmfb.com or via the contact link available on the App.
2. The statement on the Empire Trust Mfb App shall provide details of the last 3 (three) months transactions (or such other number of transactions as determined by Empire Trust Mfb) in your Account initiated from your Equipment.
3. Your statement will show all amounts added or taken from your Account. You must check your statement carefully and notify Empire Trust Mfb as soon as possible, and no later than 48 hours after receipt of your statement, if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
4. Empire Trust Mfb reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you.
5. Save for a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your Empire Trust Mfb for the period covered in the statement.

1. All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payments, you must ensure that you pay such taxes and that you pay to Empire Trust Mfb such additional amounts as will result in Empire Trust Mfb receiving the full amount it would have received had no such taxes been applicable to the payments.
2. You hereby consent and agree that Empire Trust Mfb may withhold amounts in your Account if any tax authority in your country requires Empire Trust Mfb to do so, or Empire Trust Mfb is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Empire Trust Mfb needs to comply with internal policies or with any applicable order or sanction of a tax authority. You will, however, be notified if such deductions are made.

1. Funds deposited in Empire Trust Mfb Account and any other account(s) on Empire Trust Mfb App are collectively insured up to the applicable limit by the Nigeria Deposit Insurance Corporation ("NDIC"). The amount of insurance coverage available to you depends on the number of Accounts you have with us and the ownership of those Accounts.

1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
2. You shall be responsible for ensuring the proper performance of your Equipment. Empire Trust Mfb shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, nor shall Empire Trust Mfb be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and Empire Trust Mfb shall not be responsible for losses or delays caused by any such service provider.
3. You shall follow all instructions, procedures and terms contained in this Agreement and any document provided by Empire Trust Mfb concerning the use of the System and the Services
4. You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. Empire Trust Mfb shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Empire Trust Mfb harmless from any losses resulting from any disclosure of your Credentials.
5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Empire Trust Mfb are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform Money in the event that:
   1. You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or
   2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently initiated or compromised.
6. You shall at all times follow the security procedures notified to you by Empire Trust Mfb from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.
7. You shall not at any time operate or use the Services in any manner that may be prejudicial to Empire Trust Mfb.

1. Empire Trust Mfb may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account and in particular but without prejudice to the generality of the foregoing
2. Without prejudice to Empire Trust Mfb’s rights under clause 12.1, Empire Trust Mfb may at its sole discretion suspend or close your Account:
   1. if you use the Account for unauthorized purposes or where Empire Trust Mfb detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
   2. if your Account or agreement with a Mobile Network Operator is terminated for whatever reason;
   3. if Empire Trust Mfb is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
   4. if Empire Trust Mfb reasonably suspects or believes that you are in breach of these Terms and Conditions which you fail to remedy (if remediable) within 14 days after the service of notice by email, SMS or other electronic means requiring you to do so;
   5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; or where your Account becomes inactive or dormant;
   6. if Empire Trust Mfb decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion; or
   7. if you breach any of the License Restrictions or the Acceptable Use Restrictions.
3. Termination shall however not affect any accrued rights and liabilities of either party.
4. If Empire Trust Mfb receives notice of your demise or are declared legally incompetent, we can continue to accept and process deposits to your Account until we have actual notice of the demise/incompetency and have a reasonable chance to act., Empire Trust Mfb will not be obliged to allow any operation or withdrawal from your Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by a court of competent jurisdiction. Furthermore, by law, certain documents must be presented to us before funds in such an Account can be paid out and the Account closed. These documents may include: a certified copy of the death certificate; letters testamentary or letters of administration; decrees of probate court; and documents evidencing that estate taxes are paid or not owed; if applicable. Additional documents may be required depending on the ownership of the Account.

1. Empire Trust Mfb shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of the failure of any of your Equipment, or any other circumstances whatsoever not within Empire Trust Mfb’s control including, without limitation, Force Majeure or error, interruption, delay or non- availability of the System, terrorist or any enemy action, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
2. You acknowledge that the Empire Trust Mfb App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Empire Trust Mfb App as described meet your requirements.
3. We only provide the Services on the Empire Trust Mfb App for domestic, private use, and small and medium business financing needs, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your unauthorized use of the Empire Trust Mfb App.
4. Empire Trust Mfb will not be liable for any losses or damage suffered by you as a result of or in connection with:
   1. any defect or fault in the Empire Trust Mfb App or any Service resulting from you having altered or modified the Empire Trust Mfb App;
   2. any defect or fault in the Empire Trust Mfb App resulting from you having used the Empire Trust Mfb App in breach of the terms of this Agreement;
   3. your breach of any of the License Restrictions or the Acceptable Use Restrictions;
   4. Unavailability of sufficient funds in your Value Storage Account;
   5. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network or the Electronic Payment System; the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof; your failure to give proper or complete instructions for payments or transfers relating to your Account;
   6. any fraudulent or illegal use of the Services, the System and/or your Equipment; or
   7. your failure to comply with the Terms and Conditions and any document or information provided by Empire Trust Mfb concerning the use of the System and the Services.
5. If for any reason other than a reason mentioned in clauses 13.1 to 13.4, the Services are interfered with or unavailable, Empire Trust Mfb’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
6. Save as provided in clause 13.5, Empire Trust Mfb shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.
7. Under no circumstances shall Empire Trust Mfb be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to Empire Trust Mfb.
8. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

1. In consideration of Empire Trust Mfb complying with your instructions or Requests in relation to your Account, you undertake to indemnify Empire Trust Mfb and hold it harmless against any loss, charge, damage, expense, fee or claim which Empire Trust Mfb suffers or incurs or sustains thereby and you absolve Empire Trust Mfb from all liability for loss or damage which you may sustain from Empire Trust Mfb acting on your instructions or Requests or in accordance with these Terms and Conditions.
2. The indemnity in clause 14.1 shall also cover the following:
   1. All demands, claims, actions, losses and damages of whatever nature which may be brought against Empire Trust Mfb or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Empire Trust Mfb’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Empire Trust Mfb.
   2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
   3. Any unauthorized access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
   4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by Empire Trust Mfb as a consequence of any breach of these Terms and Conditions.
   5. Any damages and costs payable to Empire Trust Mfb in respect of any claims against Empire Trust Mfb for recompense for loss where the particular circumstance is within your control.

1. If the Customer wishes to contact Empire Trust Mfb in writing, or if any condition in these Terms and Conditions requires the Customer to give notice to Empire Trust Mfb, you can send this to us by e-mail to support@empiretrustmfb.com or to such e-mail address that may be communicated to you from time to time. We will confirm receipt of this by contacting you in writing by e-mail.
2. If we have to contact you or give you notice in writing, we will do so by posting such notice on our website; or by e-mail or sms to the mobile phone number or e-mail address you provide to us in your request for the Empire Trust Mfb App.

1. Remedies Cumulative
   1. No failure on the part of any party to exercise, or delay on its part in exercising, any right, power or remedy provided by this Agreement or by law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further or other exercise of that, or any other, right, power or remedy.
2. No waiver
   1. No failure by Empire Trust Mfb to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.
3. Effect of invalidity
   1. If any provision or part of a provision of this Agreement shall be, or be found by any court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.

1. These Terms and Conditions and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
2. You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or our Privacy Policy.
3. You agree with us that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

1. Disputes
   1. The Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid, the following provisions of this clause 18 shall apply.
   2. Notwithstanding any provision to the contrary in this Agreement, Empire Trust Mfb shall have the right to institute proceedings for recovery of any outstanding amounts against a defaulting Borrower in the High Court of Lagos State.

1. Any dispute, difference or question whatsoever and howsoever arising out of or in connection with this Agreement, save as specifically provided herein, shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other then, upon application by either party, by the Chairman for the time being of the Institute of Arbitrators in your country (the Institute).
2. Such arbitration shall take place in your country and shall be conducted in accordance with the applicable rules of arbitration of the Institute.
3. To the extent permissible by law the determination of the arbitrator shall be final and binding upon the Parties and shall not be subject to any appeal.
4. Nothing in this clause 19.3 shall restrict either Party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.

1. The relevant associated Empire Trust Mfb entity is Empire Trust Microfinance Bank Limited (“Empire Trust Mfb”), an entity duly incorporated as a private limited liability company under the Companies and Allied Matters Act Cap C20, LFN 2004.
2. Empire Trust Mfb is duly licensed by Central Bank of Nigeria (CBN) with the objectives to:
   1. Provide financial services to Micro, Small and Medium scale enterprises and other low-income people in Nigeria in form of working capital and loans.
   2. Provide the services of intervening and enhancing the capacity of the economically active population struggling to run a business to earn a living.
   3. Accept various type of deposit from individuals, associations and corporate organisations.
   4. Embark on other permissible activities as stipulated by prudential guidelines of Central Bank of Nigeria.

1. you may transfer the funds in your Account to other accounts on the Empire Trust Mfb App, and to any bank account with a Nigerian bank. You will be responsible for any processing charges and fees for the transfers to and from your Accounts.
2. We may not process your transfer or payment if:
   1. your instructions are unclear;
   2. you have insufficient funds;
   3. there is a suspicion of criminal, fraudulent or illegal activity on your Empire Trust Mfb Account;
   4. there is a suspicion of unauthorized access on your Empire Trust Mfb Account;
   5. it goes over your payment limits (where applicable);
   6. your Account has been dormant for more than 6 months;
   7. we are prohibited or restricted from doing so in accordance with the payment system regulations or any applicable law in Nigeria.
3. You are responsible for providing the correct details for the recipient of your transfers or payments. Where payments are made according to your instructions and those instructions were wrong, but authorized, we will work with our partners to assist you in retrieving the amount if you notify us promptly. Where we are unable to retrieve the payment, we will assist you with the relevant information in our possession that you may need to reclaim your funds.
4. You may be required to set a password to carry out transactions using the Accounts. When you enter your password to confirm a transaction, you confirm that we may treat the transaction as having been authorized.

It is your duty to keep your security information relating to your Account and the Empire Trust Mfb App secure. Where you suspect that the security of your Account or your Empire Trust Mfb Account may have been compromised, you are required to inform us as soon as possible. Please change your password and any other security credential immediately. Empire Trust Mfb will not be liable for transactions carried out where access to your Account has been compromised by you, malware or human interference outside of our control.

Funds in your accounts are covered under the Nigerian Deposit Insurance Scheme subject to the prevailing limits imposed by the Nigerian Insurance Deposit Corporation.

1. Where you inform us or we have reasonable grounds to believe that your Account has been hacked, we may close your Account and disable your access to the Account. In this instance, we will notify you of the closure and also request the balance in your Account may be transferred to any bank account of your choice.
2. We may also close your Account in accordance with the Empire Trust Mfb App’s Terms of Use.

1. This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
2. The Terms and Conditions between Empire Trust Mfb and a Customer shall be governed by and construed in accordance with the law of the country, Nigeria.

1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
2. Upon downloading the Empire Trust Mfb App and clicking the “Accept” or “Continue” or any other button which signifies your acceptance of these Terms and Conditions and an intention to use the Empire Trust Mfb App, you will be deemed to have accepted Empire Trust Mfb’s Privacy Policy, a copy of which is available on the Empire Trust Mfb App.