These Terms of Use, together with HomePay’s Privacy Policy , set forth the terms and conditions (“Terms”) that apply to your access and use of all HomePay products and
services (together, the “HomePay Services” or “Services”), that are made available
through our websites including but not limited to HomePay.ng, as well as through
certain downloadable mobile applications (together, the “Site”). “HomePay” includes
HomePay, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries
and agents. The HomePay Services are intended for Nigeria residents only and may
include, but are not limited to, free credit score; access to third party rewards programs;
platforms that enable users to locate and contact Nigeria financial services, as well as
professionals, such as third party experts, advocates, and advisors, who can provide
various services; discussion forums, community forums, bulletin boards, review
services, and forums in which users may ask questions of third party advisors; and
platforms that enable users to apply to pre-qualify for certain credit card or loan offers.
By using or accessing the HomePay Services you agree to these Terms, as updated
from time to time in accordance with Section 8 below. Because HomePay provides a
wide range of services, we may ask you to review and accept supplemental terms that
apply to your interaction with a specific product or service. These Terms state that any
disputes between you and HomePay must be resolved in binding arbitration or
small claims court and that you waive the right to participate in any class action.
You may opt out of arbitration and the class action waiver by following the
procedures in Section 12.G below.
To use some of the Services, you may need to provide information such as credit card
or bank account numbers to third parties. For more information, see our Privacy Policy . 1. Registration and Account Security. To use the Services you must (i) be at least
eighteen (18) years of age; (ii) have not previously been suspended or removed from
the Services; and (iii) register for and use the Services in compliance with any and all
applicable laws and regulations.
a) Account Registration. To access some features of the Services, you may be required
to register for an account. When you register for an account, we may ask you to give us
certain identifying information about yourself, including but not limited to your email
address and other contact information, and to create a user name and password
(“Registration Information”). When registering for and maintaining an account, you
agree to provide true, accurate, current, and complete information about yourself. You
also agree not to impersonate anyone, misrepresent any affiliation with anyone else,
use false information, or otherwise conceal your identity from HomePay for any
purpose.
b) You Are Responsible For Your Account . You are solely responsible for maintaining
the confidentiality and security of your password and other Registration Information. For
your protection and the protection of other users, we ask you not to share your
Registration Information with anyone else. If you do share this information with anyone,
we will consider their activities to have been authorized by you. If you have reason to
believe that your account is no longer secure, you must immediately notify us at
2. Specific Requirements for Certain Services. Your use of the Services constitutes
your acknowledgment and acceptance of the following specific requirements and terms
of use for certain of the HomePay Services.
a) Pre-qualified Loan Rates. Pre-qualified Loan Rates is a platform that allows users to
submit a request to be matched with one of HomePay’s Loan Provider Partners to
pre-qualify for certain loan Annual Percentage Rates (“APR”), and requires registration
of a user account. In order to offer you a pre-qualified rate, the Loan Provider Partners
need your consent to use and accept electronic signatures, records, and certain
3. Third Party Services.
a) Advice from Third Parties. Some of the Services involve advice from third parties and
third party content. You agree that any such advice and content is provided for
information, education, and entertainment purposes only, and does not constitute legal,
financial, tax planning, medical, or other advice from HomePay. You agree that
HomePay is not liable for any advice provided by third parties. You agree that you are
responsible for your own financial research and financial decisions, and that HomePay
is not responsible or liable for any decisions or actions you take or authorize third
parties to take on your behalf based on information you receive as a user of HomePay.
b) Sharing Information With Third Parties. To use some of the Services, you may need
to provide information such as credit card numbers, bank account numbers, and other
sensitive financial information, to third parties. By using the Services, you agree that
HomePay may collect, store, and transfer such information on your behalf, and at your
sole request. More information is available in our Privacy Policy . You agree that your decision to make available any sensitive or confidential information is your sole
responsibility and at your sole risk. HomePay has no control and makes no
representations as to the use or disclosure of information provided to third parties. You
agree that these third party services are not under HomePay’s control, and that
HomePay is not responsible for any third party’s use of your information.
c) HomePay Does Not Endorse Third Parties. The Services may contain links to third
party websites and services. HomePay provides such links as a convenience, and does
not control or endorse these websites and services. You acknowledge and agree that
HomePay has not reviewed the content, advertising, products, services, or other
materials that appear on such third party websites or services, and is not responsible for
the legality, accuracy, or appropriateness of any such content, and shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with the use of any such third party websites or services.
4. Prohibited Conduct. You agree not to:
a) Use the Services for any illegal purpose, or in violation of any local, state, national, or
international law;
b) Violate or encourage others to violate the rights of third parties, including intellectual
property rights;
c) Post, upload, or distribute any content that is unlawful, defamatory, libelous,
inaccurate, or that a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
d) Interfere in any way with security-related features of the Services;
e) Interfere with the operation or any user’s enjoyment of the Services, including by
uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code, making unsolicited offers or advertisements to other users, or
attempting to collect personal information about users or third parties without their
consent;
f) Access, monitor or copy any content or information of the Site using any robot, spider,
scraper, or other automated means or any manual process for any purpose without
HomePay’s express written permission;
g) Perform any fraudulent activity, including impersonating any person or entity, claiming
false affiliations, accessing the accounts of other users without permission, or falsifying
your identity or any information about you, including age or date of birth; or
h) Sell or otherwise transfer the access granted herein.
5. Intellectual Property and User Content. The HomePay Services are protected by
applicable copyright and other intellectual property laws, and no materials from the
Services may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without our express permission. All trademarks and service
marks on the Services belong to HomePay, except third-party trademarks or service
marks, which are the property of their respective owners. You represent and warrant
that you own or otherwise have the right to use any content you post to the Services. If
you believe that your content has been used in a way that constitutes copyright
infringement, you may contact:
HomePay
Block D3, Lekki Horizon 2 Extension
Ikate , Elegushi . Lagos, Nigeria
100 MassMills Drive , Lowell 01852
Greater Boston Area , USA
Phone: +2348090180842
You must provide the following information: an electronic or physical signature of the
copyright owner or the person authorized to act on behalf of the copyright owner; a
description of the copyrighted work that you claim has been infringed; a description of
where the material that you claim is infringing is located; your address, telephone
number, and email address; a written statement that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. HomePay has adopted and implements a policy that provides
for termination in appropriate circumstances of accounts of users who repeatedly
infringe copyright or other intellectual property rights of HomePay or others.
6. Indemnification. You agree that you will be personally responsible for your use of
the Services, and you agree to defend, indemnify, and hold harmless HomePay from
and against any and all claims, liabilities, damages, losses, and expenses (including
attorneys’ and accounting fees and costs), arising out of or in any way connected with
(i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms
or any applicable law or regulation; (iii) your violation of any third party right, including
without limitation any intellectual property right, publicity, confidentiality, property, or
privacy right; or (iv) any disputes or issues between you and any third party. HomePay
reserves the right, at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim.
7. Termination. If you violate these Terms, your permission to use the Services will
automatically terminate. In addition, HomePay in its sole discretion may suspend or
terminate your user account and/or suspend or terminate some or all of your access to
the Services at any time, with or without notice to you. You may terminate your account
account is terminated, information and content previously provided by you will no longer
be accessible through your account, but HomePay may continue to store such
information and content, and it may also be stored by third parties to whom it has been
transferred through your use of the Services.
8. Modification of the Terms. HomePay reserves the right at any time to modify these
Terms and to impose new or additional terms or conditions on your use of the Services.
Such modifications and additional terms and conditions will be effective immediately
upon notice and incorporated into these Terms. We will make reasonable efforts to
notify you of any material changes to the Terms, including, but not limited to, by posting
a notice to our website or by sending an email to any address you may have provided to
us. Your continued use of the Services following notice will be deemed acceptance of
any modifications to the Terms.
9. Disclaimers of Warranties. The Services are provided “as is” and on an “as
available” basis, without warranty or condition of any kind, either express or implied.
Although HomePay seeks to maintain safe, secure, accurate, and well-functioning
services, we cannot guarantee the continuous operation of or access to our Services,
and there may at times be inadvertent technical or factual errors or inaccuracies.
a) No Warranties. HomePay specifically (but without limitation) disclaims (i) any implied
warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or
non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or
trade. You assume all risk for any/all damages that may result from your use of or
access to the Services. HomePay is not responsible for the loss of, damage to, or
unavailability of any information you have made available through the Services, and you
are solely responsible for ensuring that you have backup copies of any information you
have made available through the Services.
b) No Guarantee Of Accuracy.HomePay does not guarantee the accuracy of, and
disclaims all liability for, any errors or other inaccuracies in the information, content,
recommendations, and materials made available through the Services.
c) Services Provided For Informational Purposes. The information provided through the
Services is provided solely for informational, educational, or entertainment purposes.
HomePay and the Services are not endorsed by or affiliated with FINRA, and HomePay
is not a financial institution or insurance provider. HomePay makes no representations,
warranties, or guarantees, express or implied, regarding the results or savings that may
be obtained through the use of the Services. Before making any financial decisions or
implementing any financial strategy, including recommendations of third parties
identified through the Services, HomePay recommends that you obtain additional
information and advice of accountants or other financial advisors who are fully aware of
your individual circumstances.
d) No Warranties Regarding Third Parties. HomePay makes no representations,
warranties, or guarantees, express or implied, regarding any third party service or
advice provided by a third party, or any quotes or offers provided through the Services.
HomePay does not endorse any particular advisor or other third party. HomePay acts
solely as an intermediary between you and third party service providers and expressly
disclaims any and all liability for any content, products, or services provided by such
service providers. See Section 3, above, for more information regarding third parties
and third party services.
10. Limitation of Liability. In no event will HomePay be liable to you for any incidental,
special, consequential, direct, indirect, or punitive damages, whether based on
warranty, contract, tort (including negligence), statute, or any other legal theory, whether
or not HomePay has been informed of the possibility of such damage. Some
jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain
circumstances. Accordingly, some of the above limitations may not apply to you.
11. Governing. These Terms are governed by the laws of Nigeria, without regard to
conflict of law principles. Subject to Section 12, which provides that disputes are to be
resolved through binding arbitration or small claims court, to the extent that any lawsuit
or court proceeding is permitted hereunder, you and HomePay agree to submit to the
exclusive personal jurisdiction of the state courts and federal courts located within
Lagos, Nigeria, for the purpose of litigating all such disputes. We operate the Services
from our offices in Nigeria, and we make no representation that information and
materials included in the Services are appropriate or available for use in other locations.
12. Dispute Resolution by Binding Arbitration; Class Action Waiver. In the interest
of resolving disputes between you and HomePay in the most expedient and
cost-effective manner, you and HomePay agree to resolve disputes through binding
arbitration or small claims court instead of in courts of general jurisdiction (“Agreement
to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, allows for more limited discovery than in
court, and is subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. Any arbitration under these Terms will take
place on an individual basis; class arbitrations and class actions are not permitted. You
acknowledge and agree that the arbitrator may award relief (including monetary,
injunctive, and declaratory relief) only in favor of the individual party seeking relief and
only to the extent necessary to provide relief necessitated by that individual party’s
claim(s). Any relief awarded cannot affect other users.
YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND
HomePay ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
a) Claims To Be Resolved By Binding Arbitration. You and HomePay agree to arbitrate
all disputes and claims between us. This agreement to arbitrate is intended to be
broadly interpreted. It includes, but is not limited to: claims arising out of or relating to
any aspect of the relationship between us, whether based in contract, tort, statute,
fraud, misrepresentation, or any other legal theory; claims that arose before this or any
prior Terms; claims that are currently the subject of purported class action litigation in
which you are not a member of a certified class; and claims that may arise after the
termination of these Terms.
b) Exceptions. Notwithstanding Section 12(A), you and HomePay agree that no
statement herein shall be deemed to waive, preclude, or otherwise limit either party’s
right to (i) bring an individual action in small claims court; (ii) pursue enforcement
actions through applicable federal, state, or local agencies where such actions are
available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a
court of law to address intellectual property infringement claims.
c) Arbitrator. Any arbitration between you and HomePay will be governed by the
Commercial Dispute Resolution Procedures and the Supplementary Procedures for
Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA
at 1-800-778-7879, or by contacting HomePay.
d) Notice and Process. A party who intends to seek arbitration must first send to the
other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HomePay
should be addressed to: HomePay, Inc., 100 MassMills Drive , Lowell 01852
Greater Boston Area , USA
(“Notice Address”). The Notice must (a) describe the nature and basis of the claim or
dispute; and (b) set forth the specific relief sought (“Demand”). If you and HomePay do
not reach an agreement to resolve the claim within 30 days after the Notice is received,
you or HomePay may commence an arbitration proceeding.
f) No Class Actions. Unless both you and HomePay agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any
form of a representative or class proceeding.
YOU AND HomePay AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING.
g) Opt-Out. If you are a new HomePay user, you can choose to reject the arbitration
agreement contained in this Section 12 (“opt-out”) by mailing us a written opt-out notice
(“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30)
days after the date you accept these Terms for the first time. You must mail the Opt-Out
Notice to the Notice Address listed in Section 12(D), above.
The Opt-Out Notice must contain your name, address (including street address, city,
state and zip code), and the user name(s) and email address(es) associated with the
HomePay account(s) to which the opt-out applies. You must sign the Opt-Out Notice for
it to be effective. This procedure is the only way you can opt out of the Agreement to
Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will
continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any
previous, other, or future arbitration agreements that you may have with HomePay.
h) Modifications. If HomePay makes any future change to this Agreement to Arbitrate
(other than a change to the Notice Address), you may reject any such change by
sending us written notice within 30 days of the change to the Notice Address provided
above. You acknowledge and agree that, in the event you reject any future change, your
account with HomePay shall be immediately terminated and you will arbitrate any
dispute between us in accordance with the language of this provision.
i) Severability and Enforceability. If an arbitrator or court decides that any part of this
Section 12 is invalid or unenforceable, the other parts of this Section 12 shall still apply.
If the entirety of this Section 12 is found to be unenforceable, then the parties agree that
the exclusive jurisdiction and venue described in Section 11 shall govern any action
arising out of or related to these Terms, and that the remainder of the Terms will
continue to apply.
13. Modification of the Services. HomePay reserves the right to modify or
discontinue, temporarily or permanently, some or all of the Services at any time without
any notice or further obligation to you. You agree that HomePay will not be liable to you
or to any third party for any modification, suspension, or discontinuance of any of the
Services.
14. General.
a) Entire Agreement. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and HomePay regarding your
use of and access to the Services, and except as expressly permitted above may only
be amended by a written agreement signed by authorized representatives of the parties.
b) No Waiver. The failure to require performance of any provision shall not affect our
right to require performance at any time thereafter, nor shall a waiver of any breach or
default of the Terms constitute a waiver of any subsequent breach or default or a waiver
of the provision itself.
c) Paragraph Headers. Use of paragraph headers in the Terms is for convenience only
and shall not have any impact on the interpretation of particular provisions.
d) Severability. In the event that any part of the Terms is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and effect.
e) Partner Terms. In some instances, HomePay’s third party partners require that
HomePay users agree to be bound by some additional terms of use that are specific to
particular products or services (“Partner Terms”). In the event of any conflict between
the Partner Terms and HomePay’s Terms of Use, HomePay’s Terms of Use govern and
control.
15. HomePay Customer Service. To contact us with questions or suggestions about
