Welcome to SPARKLE! These terms affect your legal rights, endeavor to read them and treat with utmost importance.
These legal terms are between You and Sparke Microfinance Bank Limited (Sparkle/Sparkle/us/we/our) and you (you/your) and you agree to them by using the Sparkle Platform.
You should read this document along with our Data Privacy Notice.
Age restriction
If you’re under 18, you must have the contractual capacity to enter a binding contract with us and are not barred from doing so under any applicable laws. However, you will need consent from your parent or legal guardian and will still be subject to these terms and conditions. Please note that you won’t be able to apply for loans as well as make payments for restricted items such as gambling, but all this will change once you turn 18.
Access to the Sparkle Platform
You must create an account with Sparkle to use our Platform, which can be used on a mobile device running an operating system supported by us. When creating and managing your account, all information provided must be true, accurate and complete. Providing false information of any kind may result in the freezing or termination of your account. You must update all account information when a change occurs.
You are responsible for keeping your account and password secure and maintaining the confidentiality of your password. Additionally, you are completely responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind suffered as a result of such acts or omissions.
By default, we keep you logged into our platform, however, you can always amend these preferences. To log back in, you will need to enter your User ID and a unique PIN or biometric authentication. We may notify you from time to time about changes in the security information.
Consent
By using this Service, you consent to Sparkle transmitting, storing and processing your Personal Data. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Platform.
You consent to receiving electronic communication from Sparkle relating to your account. We may communicate with you via e-mail, text message (SMS), push notifications in the platform or through other methods, including our promotional newsletter or other announcements via email or other methods. You may opt out of receiving non-transactional communications, by following the directions in our e-mail to “Unsubscribe” from our mailing list, or by sending an e-mail request to (support@sparkle.ng). We will communicate with you in connection with transactional communications, including but not limited to servicing your account and customer services.
Making Payments
You need enough money in your account to make payments
We may block payments if
• The transaction will take your balance below zero
• We suspect criminal activity on your account
• You go over your payment limits
Fee & Charges
You can find a list our fees for using some of the services on your Sparkle account. Please note you may have to pay additional costs such as taxes and transfer fees, which are outside our control and not charged by us.
Prohibited Uses
Sparkle enforces a strict policy against money laundering, terrorism, funding and conducting of businesses with entities/individuals situated in territories subject to trade sanction and/or individually subject to such sanctions. In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Platform or its Content in any of the following scenarios
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, state or local government regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g)To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
You furthermore agree that any amounts paid to us by you shall not be proceeds from illegal activities. Should it be suspected and or/ proven by us that the Service is being used for illegal and/or illicit purposes, we reserve the right to immediately terminate the Services available to you and additionally reserve our rights to report your conduct to the relevant legal authorities for investigation and possible prosecution.
Termination Or Discontinuation Of Service
You can close your account at any time. If you’d like to, please get in touch with us. You'll need to repay any money you owe us before we can close your account. Once we have closed it, you won’t be able to access your account and all active cards will be blocked.
Sparkle may in its sole discretion, suspend or terminate your access to the Service, or discontinue providing the Service or any part of the Service at any time, with or without notice. We will close your account immediately if we believe you have
• Broken our terms and conditions
• Broken the law or attempted to break the law
• Given Sparkle false information
• Put Sparkle in a position that would have resulted in us breaking the law
• Been abusive to anyone in the Sparkle Tribe
You agree that we will not be responsible or liable to you or any third party for discontinuing the service or for terminating or suspending your access to the Service.
Intellectual Property
This Agreement does not transfer to you any intellectual property owned by Sparkle or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sparkle. All intellectual property, including but not limited to trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are owned by Sparkle. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use Sparkle intellectual property.
Copyright Infringement
All rights reserved. No part of the Mobile Application may be copied, reproduced, ripped, recorded, re-engineered, decompiled, disassembled, modified, distributed, or transmitted in any form or by any means either electronic or mechanical methods, without the prior written permission of Sparkle.
You shall also not sell, rent, lease, sublicense or otherwise transfer rights to the Mobile Application.
Technology Limitations And Modifications
Sparkle will make reasonable efforts to keep the Mobile Application operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Sparkle reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Mobile Application, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Mobile Application Service or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Disclaimer Warranty
This Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the Mobile Application and any other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.
Limitation Of Liability
In no event will Sparkle , its officers, directors, employees, agents, suppliers or licensors be liable for any direct, indirect, punitive or incidental, special, consequential damages or any damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) whatsoever however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Sparkle has been advised as to the possibility of such damages or could have foreseen such damages.
Indemnification
Please keep your phone, Sparkle card(s) and PIN safe at all times. If we discover any security issues that may affect your account, we will be in contact as soon as possible.
You agree to indemnify and hold Sparkle and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
Dispute Resolution
If you have a complaint, please contact us and we will do our best to fix the problem.
Parties shall use their best endeavors to amicably settle any dispute or difference of opinion arising from or in connection with this Agreement through mutual discussions.
Where the Parties are unable to resolve the dispute through mutual agreement within 30 days from receiving the Notice of Dispute, the dispute shall be submitted to arbitration in the English language in accordance with the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria 2004, or any amendment thereto.
The place of arbitration shall be Lagos State, Nigeria and there shall be a sole arbitrator who shall be appointed jointly by the parties. Where the parties fail or are unable to jointly agree on the appointment, they shall approach the Lagos Court of International Arbitration to appoint a sole arbitrator who shall be competent to adjudicate on the issue in dispute. The arbitral award shall be final and binding between the Parties.
Changes and Amendments
We may modify the terms of this Agreement at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. [Users are responsible for regularly reviewing these Terms of Use. Your continued use of this website following any modifications, changes or alterations shall constitute your acceptance of each such modification, change or alteration]/ When we do, we will send you an email to notify you. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.]
How to contact us
You can contact us through the Sparkle app or send us an email at support@sparkle.ng