KOINWA TERMS OF USE 

By accessing or using any version of the Koinwa platform/application (“App”) on any compatible device, signifies that User have read, understood, and agree to be bound by these terms and conditions (“T&C”) and any other law applicable. 

  1. Definitions 
  2. a) “Koinwa”, “we”, “us”, or “our” means Koinwa. or any of its affiliates or subsidiaries; b) “Koinwa Content” means any text, sound, graphics, trade-marks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available through the Services; c) “parties” means User and us; d) “Personal Information” has the meaning set out in the Privacy Statement; e) “Privacy Statement” means the privacy statement which can be viewed at privacy policy; f) “Representatives” means us and our affiliates, business partners, licensors, agents, content providers (not including User), service providers, employees, personnel, officers, directors, and representatives; g) “Services” means the website www.koinwa.com, any of our associated websites or mobile applications (collectively the “Koinwa Site”) and the services available through the Koinwa Site; h) “Submissions” means any unsolicited idea, suggestion or other material in any format; i) “Terms” means these Koinwa Terms and Conditions of Use (including, for greater certainty, the Privacy Statement and the Anti-Money Laundering Policy); j) “User” means (i) the individual, if the individual is licensing the Services for his or her personal use; or (ii) the corporation, institution, partnership, organization or other entity on whose behalf the individual accepting these Terms is acting; k) “User account” means the account a user must register for, in order to use certain Services; and l) “User content” means any text, sound, graphics, or other material which User post, upload, or otherwise share on or through the Services. 
  3. Accepting these Terms 

Please read these Terms before using the Services. If User do not agree to these Terms, User may not use the Services. When User use the Services, User represent and warrant thatUser have the legal capacity to form a binding contract with us and are doing so by agreement to these Terms. User agree to have these Terms and any related information made available to, and to otherwise have communications between User and us, occur electronically. These Terms were last updated and are effective as of the dated first noted above. From time to time, and at our sole and absolute discretion, we may require User to agree to an amended version of these Terms by providing notice to User at least thirty (30) days in advance of effecting such amendment. If User do not agree with the amended version, User can choose to discontinue using the Services, and close User account before such amended version becomes effective. To use the Services, and prior to us opening the User account, User must first provide the required identification information, to our satisfaction, pursuant to the Money Laundering (Prohibition) Act 2011 compliance policy (“Anti-Money Laundering Policy”).

  1. Privacy 

We respect User right to privacy. All information that we may collect via the Services is subject to our Privacy Statement. The Privacy Statement is incorporated by reference into these Terms. By agreeing to these Terms, User hereby agree and consent to our Privacy Policy. 

  1. Permitted Users, Licenses and Compliance with Laws 

To use the Services, User must be at least 18 years of age or older and the age of majority in the jurisdiction in which User reside as of the time User use the Services. The Services are intended for use from locations where such Services are legal. Any use by the User of the Services from a location where the services are illegal is expressly prohibited. Subject to these Terms, User is granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the Services, including the content therein and the services accessible through them solely for the purposes set out by the Services. User also granted a limited, nonexclusive right to create a hyperlink to the Services, other than to those portions of the Services where registration is required. Other than as set out in this paragraph, nothing in these Terms gives User any licence, right, title, or ownership of, in, or to the Koinwa Site or the Services. User agree to abide by all applicable laws in connection with the use of the Services, including those related to intellectual property rights, data privacy, international communications, and the transmission of technical or personal data. The Services may be used only for lawful purposes and in a lawful manner. All rights not expressly granted to User are reserved by Koinwa and, if applicable, its licensors. Use of the Services may require internet and data access for which User shall be responsible and subject to User internet access provider terms and conditions of use. In no event shall Koinwa be liable for any internet or data access fees or other charges incurred by User in connection with the use of the Services. Any such fees and charges shall be User sole responsibility. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Koinwa is not responsible for any delays, delivery failures, or other damage resulting from such problems.

  1. Copyright and Intellectual Property 

User retain ownership of all user’s content posted, uploaded to, or otherwise shared on the Services. However, by posting, uploading, or sharing the content, User grant us a non-exclusive, sub-licensable, royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from, and display user content in connection with the Services. All Koinwa Content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Services are copyrighted by us or our licensors and are protected by Nigerian and international intellectual property laws. Use of the Koinwa Content without our express prior written permission is strictly prohibited. “Koinwa”, “www.koinwa.com”, the Koinwa logo, and any other trademarks used on the Services are trademarks or registered trademarks of Koinwa or its licensors, in Nigeria and other countries. Our trademarks may not be used in connection with any product or service without our express written permission. Subject to any applicable law (and, in the case of Personal Information, any communications that user send or which are sent to user via the Services, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. User agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If user send Submissions to us or the Services, user automatically grant to us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to user or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns. User waive all author’s moral rights in the content and Submissions (including the right to be associated with the content or Submission) upon submission, as well as the right to receive any financial or other consideration in connection with the content and Submissions. 

  1. Use Restrictions and Prohibited Conduct 

When using the Services, user agree not to do any of the following: a) Threaten other users with violence; b) Use hateful, abusive, harassing, libellous, or obscene language towards other users; c) Post any material that infringes or violates any third party’s copyright, trade-mark, trade secret, privacy, or other proprietary or property right; d) Copy any Koinwa Content onto user’s own or any other website; e) Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these Terms; f) Purchase or sell any cryptocurrency with knowledge of any material, non-public information relating to such cryptocurrency; g) Use the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail; h) Use the Services to distribute viruses or other harmful, disruptive, or destructive files; i) Use the Services in violation of Koinwa’s or any third party’s intellectual property or other proprietary or legal rights; j) Use or attempt to use another person’s account; k) Disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or networks connected to the Services; l) Attempt to obtain unauthorized access to the Services; m) Impersonate another person; n) Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials; o) Use any automated means to purchase or sell cryptocurrencies or otherwise use the Services or trade in high volume of cryptocurrencies, and we reserve the right to determine, at our sole discretion whether user is using automated means to use the Services or are trading in high volume; p) Systematically harvest or extract data from the Services or programmatically register accounts on the Services, including through the use of any robot, spider, crawler, or any other automated means; q) Access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; r) Modify or make derivative works based upon the Services , or any portion thereof; s) “Frame” or “mirror” any Koinwa Content on any other server or wireless or Internet based device; t) Reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics from the Services, or (c) copy any ideas, features, functions or graphics from the Services; u) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Services or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). v) Use the Services to take advantage of any technical glitch, malfunction, failure, delay, default, or security breach.

  1. User Account 

Certain services provided through the Services may only be available to user upon registration for user account. By registering, user represent and warrant to Koinwa that: (a) user is at least 18 years of age or older and the age of majority for using the Services in the jurisdiction where user reside as of the time User register with us; (b) all information provided by user to us during the registration process is truthful, accurate and complete; (c) user have an understanding of cryptocurrencies and the technology that underlies them; (d) user can afford to lose all amounts used to purchase cryptocurrencies through the Services; and (e) user will comply with all terms and conditions of these Terms. As a registered user, user agree to maintain and promptly update the registration data as necessary to keep it true, accurate, current, and complete. The Representatives will rely on the information user provide. User will be responsible for all loss, damage, or additional costs that the Representatives or others may incur because of user submission of any false, incorrect, or incomplete information or failure to update the registration or other information that user submit via the Services. User acknowledge that user is solely responsible for maintaining the confidentiality of user account credentials (including any usernames, passwords or security tokens created or provided) and that user will be responsible for any loss resulting from any unauthorized use of the user account. User agree to immediately notify us of any unauthorized use of user account. Similarly, user is responsible for verifying and maintaining the protection, security, and distribution of the account information, including account numbers, usernames, and passwords. All liability relating to password management resides with user and under no circumstances, including negligence or misconduct, will we be liable for any damages that result from the use of the account. User can cancel the account at any time by doing so from the account settings page and requesting that the account be deleted. We highly recommend user keep a secure backup of the password and any security credentials we provide to user in a safe and off-line environment. If user have a verified e-mail address, user may use our automated account recovery procedure to request a password reset link. If user do not have a verified email address or if user have lost any security credentials we provide to user, to recover these credentials, user must go through our assisted account recovery procedure, which may require a two (2) month waiting period with no logins by user and a service charge. If user want to start the assisted account recovery procedure, user must contact us by email [email protected] with user account username. 

  1. Purchaser’s Acknowledgements 

By purchasing via the Services, user agree and acknowledge that: a) the cryptocurrencies available for purchase via the Services are not “securities” within the meaning of the Investments and Securities Act (Nigeria) and accordingly user will not have access to any of the securities laws remedies or protections available to purchasers of securities; b) we are not responsible for any consequences arising from false, incorrect, or incomplete information that user provide to us, including any incorrect cryptocurrency wallet address; c) we do not own or control, and make no representations or warranties with respect to, the underlying technology of the cryptocurrencies user may purchase or sell using the Services, including those technologies that govern their use; the underlying technology of cryptocurrencies may suddenly change such that the new version is no longer compatible with existing versions or there is otherwise a permanent divergence of the blockchain which may impact the value, functionality, and other characteristics such as the name of the cryptocurrency and whether the Services are able to support the cryptocurrencies; d) we are not responsible for any consequences arising from any losses user may suffer. e) user have a sophisticated understanding of technical and business matters relating to cryptocurrencies and blockchain technology to understand these Terms and to appreciate the risks and implications of making purchases via the Services; f) we make no representations or warranties with respect to the cryptocurrencies available for purchase from us and user is solely responsible for researching the cryptocurrencies user purchase and ensuring that the purchases via the Services are made on an informed basis; g) holding cryptocurrencies carries various risks, including those relating to the issuer of and the technology underlying the cryptocurrencies and the value of the cryptocurrencies may decrease to zero; h) the cryptocurrencies user purchase via the Services are not protected by any government or other insurance; i) our ability to fill the purchase and sale orders on a timely basis depends in part on the presence of a market for those cryptocurrencies; if there is a lack of corresponding purchase or sale orders in a particular cryptocurrency it may not be possible to fill the order on a timely basis or at all; j) the Services may be subject to malicious cyberattacks or may contain exploitable flaws in its security systems, which may result in security breaches and the loss or theft of cryptocurrencies; k) issuers of the cryptocurrencies available for purchase via the Services may not be subject to ongoing public disclosure requirements and accordingly it may be difficult to find accurate and current information relating thereto; l) cryptocurrencies generally do not afford the holder thereof any rights commonly associated with securities ownership, such as voting rights and rights to participate in the equity of the issuer; m) user waive the right to participate in a class action lawsuit or a class-wide arbitration against Koinwa and/or the Representatives; and n) user have obtained such legal and tax advice as user consider appropriate in connection with the purchase of cryptocurrencies via the Services. 

  1. Personal Information and Marketing 

In addition to the collection, use, and disclosure of user Personal Information set out in the Privacy Statement, we may, with user consent, use the Personal Information to market our products and services to user, including using electronic communications such as email, direct messaging, and text messaging, and through the use of telemarketing. User may withdraw the consent to such uses at any time. 

  1. Purchases 

Purchases made via the Services are subject to the following terms: a) Orders: All orders confirmed by User are deemed final and are non-reversible by user. Koinwa provides User with the tools to verify the order before confirming it to help user catch a mistyped order, including any losses resulting from mistyped or incorrect cryptocurrency wallet addresses. Koinwa will not be responsible for losses induced by mistyped or otherwise wrongly placed orders. An open order may be cancelled at any time by user, but Koinwa makes no guarantee on whether that order will be cancelled before execution. Notwithstanding the foregoing, in the event we determine, at our sole discretion, that as the result of a technical issue an executed order did not reflect the fair market value for the applicable coin, such order shall be cancelled, and user shall be refunded the amount paid for the order. Executed orders are subject to the then current trading fees collected in the coin settlement amount for that transaction. The current trading fees can be found under the account funding and withdrawal section for each coin available on the Services. b) Transfers: Coin deposits are subject to a minimal number of confirmations by the applicable blockchain before being fully credited to user account and coin withdrawals are subject to withdrawal fees. The number of confirmations and withdrawal fees are indicated in the account funding and withdrawal section for each coin available on the Services. Koinwa shall attempt to process withdrawals and deposits in a timely manner, but Koinwa and the Representatives make no guarantee pertaining to the timing of those transfers. Koinwa and the Representatives are not responsible for losses and liabilities induced by delayed transfers. c) Availability: Coins are listed on the Services at the discretion of Koinwa and can be removed or closed at any time. If a coin is so removed or closed, the open orders will be cancelled, and user account credited back. If a coin is selected for removal, and if the applicable blockchain allows it, user will have twenty-five (25) days to withdraw the funds. Koinwa and the Representatives assume no liability or cost whatsoever arising from removed or closed coins. Removed coins left in user account after the withdrawal period will be forfeited. 

  1. Koinwa Crypto Credit Facility

If user decide to access a crypto credit facility, Koinwa agrees to advance the Loan and User agree to take the loan subject to this terms and conditions as set out herein. If User wish to utilise the Koinwa facilities, then User must maintain an account and for the first time, intending User is required to create a new account.

User agrees to accept responsibility for all activities that occurs under User account. Please ensure that the details provided Us are true, correct, accurate and complete. Under any circumstances if Koinwa has any reasonable suspicion that the information provided by User is wrong, inaccurate, or incorrect, Koinwa shall immediately terminate User account without any notice to User in this regard. In the event of any changes to the information shared by user at the time of registering on the Platform, User shall be responsible for forthwith notifying the said changes to Koinwa.

 

Maintenance of confidentiality of the account created in Koinwa lies with the User. Any deletion of the Koinwa app do not constitute deletion or termination of account. The option of deleting the User information is possible only to the Users who has not availed any loan using the Koinwa App. Such Users can notice their wish to delete the information from Koinwa account by sending an email to [email protected]. However, the User who has availed or loan is approved from any of our lending partners, then the User account information cannot be deleted.

User can apply for a minimum of N10,000.00 and a maximum of N100,000.00 worth of crypto assets. Any User that intends to access the crypto credit facility on the Platform must provide referee(s) that must run an account on the Platform. 

For a loan within the range of N10,000.00 to N19,999.00, the User must provide another User as guarantor; N20,000.00 to N49,999.00, three guarantors must be provided and one out of the three must be a crypto trader on the Platform; for N50,000.00 to N100,000.00, user must provide three guarantors with two being a crypto trader on the App and one out of the two must have completed three crypto trades.

A compound annual Interest shall commence accruing as of the start date of the Koinwa Crypto Credit at the rate determined at the time the Nexo Crypto Credit is granted and indicated in the Nexo Account and on the Nexo Platform. The Interest shall be subject to revision from time to time, at our sole and absolute discretion.

The Interest shall be calculated monthly. No periodic repayment of the Interest shall be due. Any Interest accrued shall be indicated in the User account.

The Koinwa Crypto Credit shall be matured in the manner as agreed by the User and Koinwa. 

User may repay at any time prior to the Maturity Date and any amount: (i) by transferring into the Koinwa Account the same assets as the Koinwa Crypto Credit granted, or other assets acceptable to Koinwa; (ii) with the Collateral; or (iii) by combination of (i) and (ii). Certain rules may apply to repayments from time to time, as indicated on the Koinwa Platform.

All repayments shall be allocated first to the Interest and then to the principal of the Koinwa Crypto Credit.

Koinwa may provide User with discounts on the Koinwa Crypto Credit or any part thereof, such as the principal or the Interest, at any time, under conditions it finds appropriate.

In case of an Event of Default, Koinwa is entitled to take any action it deems necessary to protect its interests.

  1. Disclaimers 

The Services do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful. Koinwa does not control the trading value of cryptocurrencies and by using the Services user agree to keep Koinwa free of any liabilities or losses, direct, indirect, special, or consequential damages, however caused, induced by the market price variation of any asset for any reason. Although Koinwa tries to deliver user up to date market data such as quotes, order books, and charts the data is provided ‘as is’ without any guarantee of being the latest. The data may also have typographical errors, be incomplete and inaccurate. Koinwa will try to correct those mistakes on a best effort basis but do not necessarily commit to do so. THE SERVICES AND CRYPTOCURRENCIES PURCHASED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE REPRESENTATIVES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANY CRYPTOCURRENCIES PURCHASED VIA THE SERVICES, WILL MEET USER REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. USER UNDERSTAND THAT ANY USE OF MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANY CRYPTOCURRENCIES PURCHASED VIA THE SERVICE, IS AT USER’s OWN DISCRETION AND RISK. User is solely liable and responsible for all claims and demands made by any other person arising out of, in connection with, or relating to the use of the Services, the breach of these Terms, the violation or infringement of the rights of others, or the violation of any applicable civil or criminal law. Koinwa and the Representatives disclaim all responsibility and liability regarding all such matters. User further agree that user is solely responsible for actions and communications undertaken or transmitted during user’s usage of the Services, and that user will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We always reserve the right to disclose any information (including User Personal Information) regarding user’s usage of the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.

Certain links on the Services may take user to other websites. We are not responsible for the content of any such linked pages, and we make no representation or warranty regarding, and do not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. User’s use of any such linked website is at user’s own risk. No data transmission over the Internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information user transmit to us. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. 

  1. Limitations of Liability 

UNDER NO CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL KOINWA OR THE REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANY CRYPTOCURRENCY PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. USER ACKNOWLEDGE THAT KOINW ACTS AS TRUSTEE FOR ALL OTHER REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF ANY REPRESENTATIVE. KOINWA AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH REPRESENTATIVE. 

  1. Indemnification 

User agree to indemnify, defend, and hold harmless Koinwa and the Representatives, from all claims and expenses, including legal fees, arising out of user’s use of the Services, including the violation of these Terms. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by user. The assumption of such defence or control by us, however, shall not excuse any of user’s indemnity obligations. 

  1. Right to Terminate 

We may at any time without notice or liability decide to alter, amend, restrict, modify, or terminate the Services or any functionality or portion of the Services, all in our sole discretion, and user understand that there is no guarantee that the Services or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice but confirm that we have no duty to do so.

If user breach any provision of these Terms, then user may no longer use the Services and may have user’s account cancelled. We, in our discretion, shall determine whether these Terms have been violated. We may also cancel trading and withdrawal rights for any account where there is suspected unauthorised access or hacking. We reserve the right to suspend or cancel user account without notice to user at any time for any reason, including if user is in default of obligations with respect to the Services. We may terminate these Terms with user at any time. 

The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nigeria, without giving effect to its conflict of law provisions. User agree that user will bring any claim or cause of action arising out of these Terms, use of the Services or any purchase made via the Services in the courts located within Nigeria, and user also agree to submit to the personal and non-exclusive jurisdiction of those courts. If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. User agree that no joint venture, partnership, employment, or agency relationship exists between user and us because of these Terms and/or use of the Services. User may not assign any right, interest, or benefit provided under these Terms or the Services without our express prior written consent. These Terms set forth the entire agreement between user and us, and supersede all prior communications, agreements and proposals, whether electronic, oral or written, between user and us with respect to the Services. The parties have expressly required that these Terms and all other related documents be drawn up in the English language. Credit card processing will be billed by Koinwa and the charge will appear on user credit card statement as koinwa.com.