Terms of Service | Peer Capital

1. Introduction

Welcome to Peer Capital. These Terms of Service ("Terms") govern your access to and use of the Peer Capital website, mobile applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. By using the Services, you are entering into a legal contract with Peer Capital.

2. Definitions

In these Terms, the following definitions apply:

"Peer Capital," "we," "our," or "us" refers to Peer Capital, Inc. and its subsidiaries and affiliates.
"User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
"Borrower" refers to a User who requests or receives a loan through our Services.
"Lender" or "Helper" refers to a User who provides funds for loans through our Services.
"Content" refers to text, graphics, images, music, software, audio, video, information, or other materials.

3. Eligibility

To use our Services, you must be at least 18 years old and able to form legally binding contracts. By accessing or using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.

Our Services are intended for users who are residents of Nigeria. By using our Services, you represent and warrant that you are a resident of Nigeria and that you will comply with all applicable laws and regulations.

4. Account Registration and Security

To access certain features of our Services, you must register for an account. When you register, you will be required to provide certain information, such as your name, email address, phone number, and other personal information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

5. Platform Services

Peer Capital provides a platform that connects Borrowers with Lenders. Our Services include, but are not limited to:

Facilitating loan requests and funding
Processing payments and disbursements
Providing account management tools
Offering credit assessment and scoring
Providing customer support

We do not guarantee that Borrowers will receive funding or that Lenders will receive returns on their investments. We are not a bank, credit union, or financial institution, and we do not provide loans directly. We are a platform that facilitates peer-to-peer lending.

6. User Responsibilities

6.1 Borrower Responsibilities

As a Borrower, you are responsible for:

Providing accurate and complete information in your loan request
Using loan funds for the stated purpose
Repaying loans according to the agreed-upon terms
Communicating promptly with Peer Capital regarding any issues with repayment
Maintaining accurate and up-to-date contact and banking information

6.2 Lender Responsibilities

As a Lender, you are responsible for:

Conducting your own due diligence on potential loans
Understanding the risks associated with peer-to-peer lending
Complying with all applicable laws and regulations
Maintaining accurate and up-to-date contact and banking information
Paying any applicable taxes on income earned through our Services

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating any applicable law, regulation, or these Terms
Providing false, inaccurate, or misleading information
Using the Services for any illegal purpose
Attempting to circumvent any security measures or features of the Services
Interfering with the proper operation of the Services
Engaging in any form of automated data collection without our prior consent
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity
Harassing, threatening, or intimidating any other user
Using the Services to send unsolicited communications
Attempting to defraud Peer Capital or any user

8. Fees and Payments

Peer Capital charges fees for the use of our Services. These fees may include, but are not limited to:

Origination fees for Borrowers
Service fees for Lenders
Late payment fees
Processing fees for certain payment methods

All fees are disclosed before you complete a transaction. By using our Services, you agree to pay all applicable fees. We reserve the right to change our fees at any time, with notice to users.

Payments made through our Services are processed by third-party payment processors. By using our Services, you authorize us to charge or debit your designated payment method for all applicable fees and amounts.

9. Intellectual Property

The Services and all content and materials included on or within the Services, including, but not limited to, text, graphics, logos, images, and software, are the property of Peer Capital or our licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for their intended purposes, subject to your compliance with these Terms. You may not:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials from the Services
Use any content or materials for commercial purposes without our prior written consent
Remove any copyright, trademark, or other proprietary notices from any content or materials
Use any data mining, robots, or similar data gathering or extraction methods

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers and Limitations of Liability

11.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE SERVICES.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEER CAPITAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Peer Capital, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

Your use of the Services
Your violation of these Terms
Your violation of any rights of another person or entity
Your violation of any applicable law, rule, or regulation

13. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Nigerian Arbitration and Conciliation Act. The arbitration shall be conducted in Lagos, Nigeria, in the English language, and the decision of the arbitrator shall be final and binding.

You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Notwithstanding the foregoing, you and Peer Capital may seek injunctive or other equitable relief in any court of competent jurisdiction.

14. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles of conflicts of law.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms.

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Peer Capital concerning the Services.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Peer Capital, Inc.
123 Finance Street
Lagos, Nigeria
Email: legal@peercapital.com
Phone: +234 123 456 7890