TERMS AND CONDITIONS Amazing Solutions Ltd.
Terms and definitions
Loan: it is the personal loan contract by which the Lender grants a loan to the Borrower using the Distance Service and subject to these General Conditions.
Lender: it is the company Amazing Solutions Ltd., with tax ID 5GDDV $$$ and address in st. 1845 Long Lane, Left. In trance. 46453 Yaounde.
Distance Service: these are the SMS communication techniques through mobile telephony and the web page provided by the Lender so that the Borrower can make the Loan Application and the Loan Decision.
Loan Applicant or Borrower: is any natural person who, at the time of the Loan Application, is of legal age with legal capacity to act, has his or her permanent address in Cameroon and complies with these Terms and Conditions.
Loan Request: is the declaration of intention by the Borrower to request a loan through the Remote Service in accordance with the General Conditions.
Loan Decision: is the acceptance of the Loan by the Loan Applicant in accordance with the Terms and Conditions.
Party: is the Loan Applicant or Borrower and the Lender, individually, and the Parties are, jointly, the Lender and the Loan Applicant or Borrower.
Website: is the Lender's website on the internet, with the following address www.Neman-Lida.com
Terms and Conditions: these are the contractual obligations and conditions that govern the relationship between the Loan Parties and that are contained in this document.
Business day: is the day on which the Yaounde bank offices carry out their activity.
Pich Verify: Technological platform that facilitates the bank verification of the borrower managed by the commercial entity "Matthey Money, Ltd." commercially known as Pich technologies (www.pichtecnologies.com). Its use will be optional and chosen by the borrower during the loan application process and its purpose is the risk analysis and credit evaluation, the verification of identity and ownership of the applicant's bank account. For this accreditation, the system has the Pich Verify tool integrated. To use this tool, the Applicant must previously expressly accept the Pich Verify Conditions of Use, stating by clicking on a box enabled for this purpose, that the client has read them and accepts their content. This tool allows, in the first place, the personal identification of the Applicant as well as the verification of the ownership of the bank account indicated in the application process, through the secure online connection, to the customer's online banking. The access data will not be captured in any case by the Lender; It is a tool integrated into the web, but whose operation does not depend on the Lender. Pich Verify will allow the Lender to carry out an evaluation of the solvency of the applicant and the ownership of the account, by consulting the data related to the movements and balance of their account or accounts in that entity. The applicant will be able to know and learn more about this tool on the product website http: //www.pootechno.html.
Afterbanks: Technological platform that facilitates the bank verification of the borrower managed by the commercial entity "Morpheus Aiolos Ltd." commercially known as Afterbanks (www.afterbanks.com). Its use will be optional and chosen by the borrower during the loan application process and its purpose is the risk analysis and credit evaluation, the verification of identity and ownership of the applicant's bank account. For this accreditation, the system has the Afterbanks tool integrated. To use this tool, the Applicant must previously expressly accept the Afterbanks Conditions of Use, stating by clicking on a box enabled for this purpose, that the client has read them and accepts their content. This tool allows, in the first place, the personal identification of the Applicant as well as the verification of the ownership of the bank account indicated in the application process, through the secure online connection, to the customer's online banking. The access data will not be captured in any case by the Lender; It is a tool integrated into the web, but whose operation does not depend on the Lender. Afterbanks will allow the Lender to carry out an assessment of the solvency of the applicant and the ownership of the account, by consulting the data related to the movements and balance of their account or accounts in that entity. The applicant will be able to know and learn more about this tool on the product website https://www.afterbanks.com/.
Object and applicable regime
The Terms and Conditions are intended to regulate the commitments and obligations assumed by the Loan Parties.
The Borrower expressly declares that the information detailed in articles 7 and 8 of Law 22/2007, of July 11, on distance marketing of financial services, has been provided, previously and sufficiently in advance of the conclusion of any contract. intended for consumers. In particular, the Borrower declares that he has been informed of his right of withdrawal, as well as the terms, form and precise instructions for its exercise.
Likewise, the Borrower declares that all the prior information referred to in the previous paragraph and all the contractual conditions governing the Loan have been provided to him, in writing on paper or other accessible durable medium. All this before entering into the Loan and / or accepting any offer that has been made by the Lender.
Loan application, object of the contract and regime of distance contracts.
To be a Loan Applicant, it is essential to have residency in Cameroon, be of legal age and not have the ability to act legally restricted. Likewise, it is reported in the loan application process that the Borrower must be a bank account holder, have a registered bank card, a mobile phone and not be included in any delinquency record.
The Loan Applicant makes a Loan Application to the Lender through the Remote Service. This contract is governed by the provisions of Law 22/2007, of July 11, on distance marketing of financial services for consumers (BOE July 12, 2007), without prejudice to the general regulatory application on services of the Information society and electronic commerce that is contained in Law 34/2002, of July 11, on services of the information society and electronic commerce, and where appropriate, in Chapter II of Title III and first additional provision of Law 7/1996, of January 15, on the organization of retail trade and other regulations of general application to consumers, as well as the special regulations that govern the provision of financial services in each case. In addition to the conditions established in this contract and that the consumer knows and accepts prior to the conclusion of this contract. The contract is concluded remotely, when the technique is used to carry out the negotiation and conclusion of the contract between the parties, with means such as fax, internet, email and messages via mobile phones or other similar ones. There is a record of the offer and the conclusion of the contracts on a durable medium. That is, by means of an instrument that allows the consumer to store the information addressed personally to him, so that he can easily retrieve it for a period of time appropriate to the purposes for which the information is intended and that allows the unchanged reproduction of the information stored . (Art. 6 Law 22/2007, of July 11, on distance marketing of financial services for consumers (BOE July 12, 2007). The consent is manifested by the competition of the offer and acceptance of the thing and the cause that must constitute the contract in accordance with the provisions of articles 7, 8 and 9, of Law 22/2007, of July 11, on distance marketing of financial services for consumers (BOE 12 July 2007). Being the supplier who made the offer and the consumer who accepted it, there is consent from the moment the supplier knows the acceptance or since, having been sent by the one requesting the loan, he cannot ignore the shipment of the application for acceptance without lack of good faith. In the contracts entered into by means of automatic devices, there is consent from the moment the acceptance is manifested. Likewise, the Loan Application implies that the Applicant of the actual Loan Make the following confirmations: That all the information and documentation provided to the Lender is true, up-to-date and truthful. - That you have read and accept the Terms and Conditions of the loan.
The Lender will inform the Loan Applicant through the corresponding Remote Service (email address or via SMS) that the Loan Request has been received correctly and that they will be able to access the Loan Terms and Conditions on the Website. This communication from the Lender will be followed by another, in the same Remote Service as the previous one, by which the Borrower will be notified if the Loan Application is accepted or denied.
The Lender may grant the Loan in the amount and repayment period requested or, depending on the scoring finally assigned to the applicant, reduce the approved amount subject to the acceptance by the applicant of the new amount.
The Lender reserves the right not to grant the Loan to the Loan Applicant if there is another Loan Request in progress or the payment of another previous loan has not been satisfied, on the same platform or in any financing platforms that the Lender owns.
The Lender reserves the right not to grant another loan until the 15-day period assigned for the repayment has expired, even if it had been made before the end of said term. The fact that the loan applicant has repaid a loan does not guarantee the acceptance of a future application.
The Loan Application may be rejected whenever the Lender considers it appropriate and, in particular, when it is deemed that the information provided by the Loan Applicant is not exact or correct, without prejudice to the actions that may correspond established in Clause 10.
The Lender will only grant one loan per household and family and it may only be granted and amortized in Euros.
In the event that the Lender rejects the Loan Application, the Lender will not have the obligation to inform the Loan Applicant about the reasons for the denial of the Loan Application and in no case will the Loan be deemed to have existed. The Lender reserves the right to obtain from the Loan Applicant, additional information regarding its solvency if its scoring is insufficient for the granting of the loan.
Perfecting the loan and making it available
In the event that the Lender accepts the Loan Application, the Borrower, in order to contract the Loan, must formulate the Loan Decision, sending the Lender the acceptance of the terms and conditions of said loan. The term that the Borrower has to formulate the Loan Decision will be twenty-four hours from when he receives the SMS or email from the Lender confirming that his Loan Application has been accepted.
In the event that the communication through the Distance Service referred to in the previous paragraph is not sent in accordance with the Terms and Conditions, is sent after the deadline or there is a prior rejection by the Loan Applicant, it will be considered that it has not there has been a Loan Decision and therefore the Loan has not been perfected. In any case, the Loan will be considered perfected at the time the Lender receives the Loan Decision.
The communication by which the Borrower accepts and formulates the Loan Decision means: (I) that it has reviewed the Terms and Conditions contained in the Lender's Website; (II) that you agree and fully accept them; and (III) that the Loan Applicant wants the Loan to be credited immediately to his bank account.
Once the loan is arranged, the Lender must make a bank transfer for the amount accepted to the bank account that has been provided by the Borrower in the Loan Application.
The lender reserves the right to reject the loan application even when it has been accepted by both parties in the event of any doubt about the veracity of the financial information provided.
Loan application processing and management costs
The loan has an independent study fee of the amount borrowed. The fees charged will depend on the amount of the loan, the duration of the loan and the risk profile of the Borrower.
The amount of the fees will include the study commission, the opening commission and the loan processing costs.
The Borrower shall not be obliged to pay any amount other than the amount of the Loan and the costs of studying, opening and processing the same, with the exception of the amounts that result to be paid for an eventual penalty for default established in clause 8 and the costs, if any, of sending SMS.
The study, opening and processing costs will be paid by the Loan Applicant along with the repayment of the Loan upon maturity.
Duration and repayment of the loan
The Loan will have the duration requested by the Borrower and accepted by the Lender, counting from the receipt by the Borrower of the Loan Decision. In no case will the renewal of the Loan expired for a new period be accepted.
When the Borrower chooses to pay in cash or by transfer in favor of the Lender, it must be done before or on the same day of maturity.
The Borrower may return the Loan and pay the costs associated with it in the following ways: a) by cash deposit or bank transfer in the bank accounts indicated on the Website and included in the payment notices to the Borrower. Said income must be made in favor of the Lender, specifying the Borrower's ID. b) by card payment on the Website.
If the Lender receives an income that it cannot identify, such income will not be considered effective until it is identified, therefore, in case of late payment, the Borrower will be obliged to pay the penalty for non-payment due to default established in the Clause. 8.
The payment will be considered made once it appears as received in the bank account of the Lender. .
From the moment the loan is in default, the Borrower expressly authorizes the Lender to charge, against the card registered at the time of acceptance of the loan or any other card used by the Borrower on the website, any amount, in one or more times, and as many times as necessary until the entire amount owed is returned. All data recorded on the card are duly guarded by Adyen BV with address at Simon Carmiggeltstraat 6 -50 1011 DJ Amsterdam, The Netherlands or by Bank Of Sabadell, SA, Pl. Sant Roc, 20 08201-Sabadell in Cameroon.
The Borrower, in the client area of the Website, will be able to know in detail the debit balance that he maintains with the Lender on a day-to-day basis.
All the cards used by the client on the website for both new loan registration and payment will be registered to their user information and may be used for loan payment by the client in their client area as by the Lender from the first day the loan is in default to pay the amount owed. If the client had loans granted in any other commercial brand belonging to the Lender, the use of said cards is authorized for the cancellation of his pending debt.
Early cancellation of the loan
At any time during the term of the loan contract, the Borrower may make a full early repayment of the Loan amount, accessing the customer area (My Account section on the Website) and paying the amount of its debt as of that date.
The loan will be deemed canceled when the Borrower, on the indicated date: a) deposits the amount owed in cash or by bank transfer into the Lender's bank account. b) there is a card payment of the amount of your debt.
Partial early repayments are not allowed.
Penalty for non-payment and default
In the event that the expiration date arrives, the Lender does not receive or is unable to collect, in whole or in part, the amounts owed, in addition to the unpaid amount and without the need to make any claim, the Borrower must pay a penalty for late payment 15% of the unpaid amount with a minimum of 20.00 euros.
In the event of default, the Borrower shall bear the cost of the payment reminders sent by the Lender. The first reminder will be sent on the third day of the breach. Each reminder will have a unit cost of 12.00 euros.
The Borrower who has incurred in default, expressly authorizes the Lender to charge against any of the cards registered in his client information, any amount, in one or more times, until the entire amount owed at maturity is returned, the penalty for arrears, the cost of surcharges and expenses arising from the actions necessary to recover the debt.
Any overdue amount received by the Lender will be charged, first, to the debt recovery costs; second, to the amount of the Loan; and, thirdly, if applicable, to the penalty for non-payment.
In the event that the amounts owed by the Borrower to the Lender have not been fully satisfied 30 days after the debt was due and due, the latter may, according to the conditions established in the current legislation, inform the registry of defaulters that it considers timely and, in particular, the Asnef-Equifax defaulter registry and the Experian-Badexcug defaulter registry. In the event that the Borrower is registered in a registry of defaulters, the debit balance will increase by the amount of 25.00 euros.
The Lender may assign its credit against the delinquent Borrower to a third party so that the latter can take charge of the collection management.
The Lender, as of 30 days after the expiration of the debt, reserves the right to judicially claim the balance due in arrears, to which the expenses arising from said claim will be added. In exceptional cases, the judicial claim of the pending debt may be initiated at the moment in which said loan is considered uncollectible.
If it is necessary to initiate legal actions for the recovery of said loan, the pending amount will be increased by the costs related to the judicial claim.
Right of withdrawal
The Borrower, in accordance with the provisions of articles 10 and 11 of Law 22/2007, will have a period of fourteen calendar days from the date of the Loan Decision to withdraw from the distance contract, without indicating the reasons and without any penalty. The right of withdrawal may not be exercised if the Loan has been executed in its entirety by both parties at the express request of the Borrower.
The intention to exercise the right of withdrawal will be communicated in writing to the address established in Clause 13. The date of said communication must be prior to the expiration of the period specified in the previous paragraph. The communication must be duly signed, and it must indicate the full name, the number of the National Identity Document (attaching a photocopy of it), the date of execution of the contract and the signature.
The Borrower shall return to the Lender any amount received from the Lender prior to the exercise of his right of withdrawal, as soon as possible and, in any case, within a maximum period of 15 calendar days from the notification of withdrawal.
If the Borrower exercises the right of withdrawal, he or she must pay the costs incurred during the period of time in which the Borrower has availability on the Loan in accordance with the fees established on the Website.
The Borrower has the obligation to compensate the Lender for the costs incurred by the latter as a result of supplying false information or for breach of the Terms and Conditions set forth herein.
The Borrower registered on the Website, will be obliged to keep their data updated, accessing the customer area (My Account section) and especially before requesting any new loan, ensuring the truthfulness, accuracy and integrity of the information provided to the Lender.
The Borrower expressly authorizes the Lender to contact him on his mobile line and in any of the available instant messaging services (specifically Hangouts, Facebook, Skype, WhatsApp, Line, Telegram, Snapchat or any other that may arise at the time in which the loan is perfected) in order to keep you informed of the status and evolution of your overdue debt at all times until it is canceled, in order to speed up the flow of communications between the parties.
The Lender, in addition to being able to demand from the Borrower a penalty of 50.00 euros in each case of non-compliance or the provision of false information, will have the right to automatic termination of the contract before the expiration date.
The Lender, in the event of any suspicion of identity theft, will have the obligation to notify the Police of said actions, thus collaborating in the fight against fraud.
In the event that the Lender decides to terminate the Loan contract, the Lender will be entitled to recover the amount of the Loan and the fees detailed in the particular conditions of the loan contract. The collection will be articulated by entering the account of the Lender or by debiting the debit card of the Borrower.
The bank cards registered and guarded by Adyen BV or Banco Sabadell as a guarantee of loan collection by the Borrower, as well as the bank accounts where said cards are domiciled, may not be canceled until the Loan guaranteed by them is previously canceled. The cancellation of any of them will be considered a crime of fraud and will be reported immediately to the Police and the corresponding courts. Likewise, the Lender reserves the right to act against the financial entity that issued the cards registered and provided by the Borrower as a guarantee of the payment of its debt, if the latter does not recognize the full legality and validity of the charges made until the total satisfaction of amounts owed.
Personal dataThe Borrower declares himself informed, consents and expressly authorizes the Lender:
To collect information regarding their credit history and risk positions from entities that provide information services on financial solvency and credit, in particular, from the Asnef-Equifax Credit Service and the Badexcug Service of the Experian Credit Bureau, for the analysis and , where appropriate, granting, monitoring and control of the requested financing, as well as to comply with legal obligations. The Borrower is informed that, in the event of non-payment, their data may be communicated for inclusion in the Asnef-Equifax Credit Service, with address at st. Albasanz, 16, 28037 Yaounde and in the Credit Service of Experian Bureau de Crédito SA (Badexcug) with address at Calle del Príncipe de Vergara, 132, 28002 Yaounde.
To include the personal data obtained in your registration on the Website www.Neman-Lida.com, or by reason of the Loan as well as any others generated by the contractual relationship (including those obtained by telephone or electronic means) in two files of data, for which Amazing Solutions, Ltd. on the one hand and Primrose Partners Limited on the other, the former with address at 1845 Long Lane, Left, are respectively responsible and recipients. In trance. - 46453 Yaounde and the second Fairbanks Studio 65-69 Lots Road, Chelsea, London, SW10 0RN. Your data will be used to manage your registration in the loan service through the Website, including the procedures aimed at managing, granting and recovering credit, as well as bank card tokens; Likewise, we may send you information about products, events and services of dispon and Primrose Partners, of companies of their respective groups or of third parties, in the sectors of media, sports, travel, automobiles, music, audiovisual, financial services, hospitality , technological products, telecommunications and cosmetic services, registered in the General Registry of the APD owned by the Borrower and their use and treatment for the control, management, maintenance and execution of their contract. The Borrower may exercise the rights of access, rectification, opposition and cancellation at the email address [email protected]
To process the data for the performance of commercial, advertising and promotional activities and communications by any means, whether traditional, either by sending emails and messages through any system including SMS, MMS etc., by the Lender that include information on products and services marketed by the Lender indicated in point IV. In any case, the Borrower may oppose the sending of these commercial communications by sending an email to [email protected]
In accordance with the LOPD, if the Borrower had chosen the Pich Verify platform for the verification of his data, said data will be incorporated into a file owned by PICH TECHNOLOGIES, whose purpose is risk analysis and credit evaluation, identity verification and bank account ownership. This file is duly registered with the Registry of the English Data Protection agency. If the Borrower has chosen the Afterbanks platform for the verification of his data, said data will be incorporated into a file owned by Morpheus Aiolos Ltd., the purpose of which is the risk analysis and credit evaluation, verification of identity and bank account ownership. This file is duly registered with the Registry of the English Data Protection agency.
The Borrower has the duty to inform the Lender of any change in the information provided in the Loan Application.
The Lender has the right to assign, in whole or in part, its contractual position to a third party who assumes the rights thereof. The Borrower may not assign his contractual position.
The Terms and Conditions can only be modified in writing between the Parties.
Communications should be made, if possible, primarily by email.
The parties state that by virtue of those established in article 3.10 of Law 59/2003, of December 19, on electronic signatures, the content of any communication sent by email between the parties, sent through the email detailed in the conditions individuals or [email protected] will be considered a document signed electronically by each of the parties and with full validity and efficiency.
Notifications between the Parties that must be made in writing and will be valid if they are made by email, burofax, certified mail with acknowledgment of receipt and email addresses that are detailed in the Loan Application and in the particular conditions, for each of the Parties.
Applicable law and jurisdiction
These General Conditions are governed by the English law. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the Borrower's domicile.