Terms & Conditions

SHIKA TERMS AND CONDITIONS OF USE

IMPORTANT-READ CAREFULLY

  1. INTRODUCTION
    • These are the Terms and Conditions (the Terms), governing your use of the Shika App (the App) and the Services (as defined below). The App is owned and operated by Alternative Circle Limited (ACL) a limited liability company registered in the Kenya.
    • The App is currently available on the Android and iOS operating systems but please note that the operating system requirements may change and you may need to download updates for you to continue using the App. The App will only work on compatible devices and operating systems and some functionalities of the App will only work when your Device is connected to the internet. Please note that additional charges may be payable to your internet service provider based on the contractual arrangements entered into with them. ACL will not be liable for these additional charges that you may incur.
    • ACL in partnership with Financial Institutions (as defined below) will offer a mobile platform through the App that will allow individuals to access loan services through their Devices (as defined below).
  2. DEFINITIONS
    • In these Terms the following words and expressions (save where the context requires otherwise) bear the following meanings:
      • Account means your loan account with ACL;
      • Credentials means your personal credentials used to access the App and operate your Account;
      • Credit Reference Bureau means a credit reference bureau duly licensed under the Banking Act (Chapter 488 of the Laws of Kenya) pursuant to the Banking (Credit Reference Bureau) Regulations, 2008 to inter alia, collect and facilitate the sharing of customer credit information;
      • E-Money means the electronic monetary value indicated in your Mobile Money Account representing an equivalent cash amount;
      • Device includes your mobile phone handset, tablet or other handheld device used to access the Network;
      • Facilitation Fee means the fee payable to ACL in respect of the provision of the Services pursuant to clause 6.6.
      • Financial Institution means a financial institution duly licensed under the Banking Act (Chapter 488 of the Laws of Kenya) and includes subsidiaries of the financial institution as may from time to time be specified by the financial institution to you;
      • Principal Amount means the principal amount of the loan advanced by ACL to you under these Terms from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan;
      • Mobile Money Account means the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider’s System;
      • Mobile Network Operator means a mobile network operator in Kenya registered with the Communications Authority of Kenya;
      • Mobile Money Provider means a Mobile Network Operator that has been duly authorised by the Central Bank of Kenya under applicable law to offer Mobile Money Services in Kenya;
      • Mobile Money Service means the money transfer and payments service provided by the Mobile Money Providers;
      • Network means a mobile cellular network operated by a Mobile Network Operator;
      • Request means a request or instruction received by ACL from you or purportedly from you through the Network and the System and upon which ACL is authorised to act;
      • Services shall include the provision of loan services and any other form of financial services or products that ACL may offer you pursuant to these Terms and as you may from time to time subscribe to and “Service” shall be construed accordingly;
      • SMS means a short message service consisting of a text message transmitted from your mobile phone to another;
      • System means the App’s electronic communications software enabling you to communicate with App for purposes of the Services. The System and the Services will for the purpose of these be accessed through a Mobile Network Operator’s System; and
      • Transaction Fees includes the Facilitation Fees and any other fees and charges payable to third party service providers in respect of the use of the Services as published by ACL on ACL’s website or by such other means as ACL shall in its sole discretion determine. Transaction Fees are subject to change at any time at ACL’s sole discretion.
      • Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
      • Headings in these Terms are for convenience purposes only and they do not affect the interpretation of these Terms.
      • The words include or including (or any similar term) are not to be construed as implying any limitation and general words introduced by the word other (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
      • Statutory provisions or enactments shall, unless the context otherwise requires, include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision or enactment (whether before or after the date of these Terms) and to any regulation, instrument or order or other subordinate legislation made under such provision or enactment unless any such change imposes upon any Party any liabilities or obligations which are more onerous than as at the date of this Agreement.
  1. ACCEPTANCE OF THE TERMS
    • Before downloading the App, you should carefully read and understand these Terms which will govern the use and operation of the App.
    • If you do not agree with these Terms, please click “Decline” on the App Menu.
    • You will be deemed to have read, understood and accepted these Terms:
      • upon clicking on the “Accept” option on the App Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms; and/or
      • by using or continuing to use and operate the App.
    • These Terms may be amended or varied by ACL from time to time and your continued use of the App constitutes your agreement to be bound by the terms of any such amendment or variation.
    • From time to time updates to the App may be issued through the website. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms and conditions.
    • By using the App or any of the Services, you consent to us collecting and using technical information about your Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
    • By using any of the Services, you consent to ACL and its affiliates and licensees transmission, collection, retention, maintenance, processing and use of your data to determine our credit scoring services or to improve our Services and/or your experience while using the App.
  2. GRANT AND SCOPE OF LICENCE
    • In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the App on your Device. We reserve all other rights. Except as expressly set out in these Terms or as permitted by any local law, you agree:
      • not to rent, lease, sub-license, redistribute, loan, translate, merge, adapt, vary or modify the App;
      • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the App;
      • to include our copyright notice on all entire and partial copies you make of the App on any medium; not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      • to comply with all laws and regulations that apply to the technology used or supported by the App or any Service.
    • You must:
      • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
      • not knowingly introduce viruses, malware or other malicious or harmful material or use the App in connection with unsolicited communications;
      • not use the App to transmit anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others;
      • not attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
      • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by these Terms); not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
    • You agree to indemnify ACL and its subsidiaries in full and on demand from and against any loss, damage, costs, expenses which it suffers or incurs directly or indirectly as a result of your use of the App contrary to the provisions of these Terms or any applicable law.
  3. USE OF THE SERVICES
    • The Services offered by ACL through the App can only be utilised by persons over the age of eighteen (18) years. ACL reserves the right to verify the authenticity and status of your Mobile Money Account with the relevant Mobile Money Provider. In the event that ACL establishes that you are below 18 years of age, ACL reserves the right to withdraw your access to the Services regardless of your existing credit history.
    • ACL’s acceptance of your application for a Loan will be displayed on the App. You hereby acknowledge and accept that the acceptance by ACL of your application for Loan does not create any contractual relationship between you and the Mobile Money Providers beyond the terms and conditions that apply to your Mobile Money Account from time to time.
  4. APPLICATION AND PROCESSING OF LOANS
    • You may, subject to these Terms, apply for a loan from ACL using the App installed on your Device.
    • Upon making an application for a loan, your application shall be reviewed and processed in accordance with ACL’s applicable loan appraisal processes. ACL reserves the right at its sole discretion and without assigning any reason to approve or decline an application for a loan.
    • Upon approval of your application for a loan ACL shall disburse to you the Principal Amount as determined by ACL in its sole discretion. ACL does not guarantee any increase in the applicable loan limits and reserves the right to increase or lower the loan limits as it deems fit.
    • The Principal Amount shall be credited to your Mobile Money Account subject to deduction of any applicable Transaction Fees.
    • All payments due from you with respect to the Principal Amount and Transaction Fees shall be made using your Mobile Money Account unless otherwise agreed with ACL in is sole discretion.
    • In consideration of ACL granting you the loan, you shall pay ACL a Facilitation Fee of 15% of the Principal Amount advanced to you.
    • The Principal Amount and Facilitation Fee shall be payable within a period of 30 days from the date when the Principal Amount is advanced. Where the Principal Amount and Facilitation Fee are not repaid by midnight of the 30th day, a late payment charge of 10% of the outstanding amount (Principal Amount and Facilitation Fee) shall apply and you shall have a further 10 days to settle the total outstanding amount i.e. the Principal Amount, Facilitation Fee and 10% late payment charge.
    • In the event that the total outstanding amount consisting of the Principal Amount, Facilitation Fee and late payment charge is not settled by the 39th day at midnight then the account will automatically be sent to ACL’s debt collection agency and an additional 15% of the total outstanding amount will be charged.
    • ACL shall send every user’s transaction history to the Credit Reference Bureau every five days or such other period as it shall determine regardless of whether there has been a default in respect of a loan or not.
    • You hereby agree to pay costs charges and expenses incurred by ACL in obtaining or attempting to obtain payment of any loan owed from you.
    • ACL reserves the right (in its sole and absolute discretion) to issue, decline to issue a loan and/or vary the terms of any loan depending on its assessment of the credit profile of each individual borrower from time to time. The terms of the loan and the interest rate payable in relation to each loan application will be displayed on the App.
    • ACL shall be entitled to terminate this Agreement and close your account in accordance with the provisions of Clause 19 without prejudice to any of its rights accruing hereunder if you fail to repay the loan and/or the Transaction Fees due thereon within the agreed repayment period.
  5. REQUESTS MADE BY THE BORROWER
    • You hereby irrevocably authorise ACL to act on all Requests received by ACL from you (or purportedly from you) through the System and to hold you liable in respect thereof. ACL may nevertheless refuse to carry out any Requests in its sole and absolute discretion.
    • Subject to its discretion, ACL reserves the right to reject any Request in relation to a Loan application from you even if you have previously been issued with a Loan by ACL.
    • ACL shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, ACL believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.
    • ACL shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which ACL may act if ACL has in good faith acted in the belief that such instructions have been sent by you.
    • ACL may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you.
    • You agree to and shall release from and indemnify ACL against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to ACL having acted in accordance with the whole or any part of any of your Requests (or failed to exercise) the discretion conferred upon it.
    • You acknowledge that, to the full extent permitted by law, ACL shall not be liable for any unauthorised drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account PIN, password, ID or any means whether or not occasioned by your negligence.
    • You can only cancel your Request by calling ACL’s customer care and issuing instructions for cancellation. Cancellation will however only be allowed where your Request is revocable and has not yet been acted on. If ACL is able to cancel your instruction you may be charged for such cancellation.
    • ACL is authorised to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws.
    • In the event of any conflict between any terms of any Request received by ACL from you and these Terms, these Terms shall prevail.
  6. TRANSACTION FEES
    • ACL shall be entitled to set and charge Transaction Fees, in connection with your use of the Services and may from time to time amend or vary its Transaction Fees for the Services.
    • If ACL decides to start charging Transaction Fees or where already applicable, vary or amend its Transaction Fees, the Transaction Fees payable on any new application for Services will be displayed on the App. ACL will use reasonable endeavours to try notify you of any changes in relation to Transaction Fees within a reasonable period before such changes are implemented including displaying notices of the changes on the App or ACL website.
    • All payments to be made by you under these Terms shall be made in full without any set off or counter claim and save in so far as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to ACL you shall immediately pay to ACL such additional amounts as will result in ACL receiving the full amount it would have received had no such deduction or withholding been required.
    • Please note that you may be charged by your Mobile Network Operator for downloading or accessing the App on your Device which may include data roaming charges where the App is used outside your home country. Please note that background processes involving the App may result in additional charges being incurred with your internet service provider and ACL shall not be liable for these additional charges.
  7. STATEMENTS
    • A statement and activity report in respect of your Account will be made available to you on Request. Requests shall be made via our e-mail address: care@shika-app.com or via In-App messages on the App.
    • The statement on the App shall provide details of all transactions (or such other number of transactions as determined by ACL) in your Account initiated from your Device.
    • Your statement will show all amounts added or deducted from your Account. You must check your statement carefully and notify ACL as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
    • ACL reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you. ACL will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.
    • You will be notified of all transactions on your Account by way of SMS and the charges for this service will be debited to your Account.
    • Except for cases where there is a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your Account for the period covered in the statement.

 

 

  1. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that all intellectual property rights in the App anywhere in the world belong to ACL or its licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
    • The copyright in all material contained on, in or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all software compilations, source code and other material (Material” is owned by or licensed to ACL. You cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without ACL’s consent except as may be permitted under any applicable law.
    • The trade marks, service marks and logos (“Trade Marks”) contained on or in the App are owned by ACL. You cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Trade Marks without ACL’s consent.
  2. PERSONAL INFORMATION
    • You hereby agree and authorise ACL to verify information provided by you to ACL against the information held by the Mobile Money Providers in relation to your Mobile Money Account pursuant to the agreement between you and the relevant Mobile Money Provider for the provision of its products and services and the Mobile Money Service.
    • The information that ACL may verify against the information held by the Mobile Money Providers includes (without limitation): your phone number, name, date of birth, Identification Number (ID) or Passport Number and such other information that will enable ACL to identify you and comply with the regulatory “Know Your Customer” requirements (together the Personal Information).
    • You hereby agree and authorise ACL to verify information including, but not limited to, data relating to your phone (including, without limitation, your phone’s history) from your Device, from any SMS sent to you by the Mobile Money Providers and any financial services providers relating to your use of the Mobile Money Service and such other information as ACL shall require for purposes of providing you the Services (the Relevant Information).
    • You hereby consent to ACL verifying the Personal Information and the Relevant Information with the Mobile Money Providers and using of the Personal Information and the Relevant Information to the extent necessary in the opinion of ACL.
    • You hereby agree and authorise ACL to obtain and procure your Personal Information and Relevant Information from your respective Mobile Money Provider and you further agree and consent to the disclosure and provision of such Personal Information by the Mobile Money Provider and further to indemnify and hold ACL and the Mobile Money Provider harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
    • You hereby expressly consent and authorize the ACL to disclose receive record or utilize your Personal Information or Relevant Information or data relating to your Account and any details of your use of the Services:
      • to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;
      • to and from ACL’s service providers, dealers, agents or any other company that may be or become the ACLs subsidiary or holding company for reasonable commercial purposes relating to the Services;
      • to a Credit Reference Bureau;
      • to the ACL’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;
      • for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and
      • in business practices including but not limited to quality control, training and ensuring effective systems operation.
  1. TAXES
    • All payments to be made by you in connection with these Terms are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay ACL an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.
    • You hereby consent and agree that ACL may withhold amounts in your Account if any tax authority requires ACL to do so, or ACL is otherwise required by law or pursuant to agreements with any tax authority to do so, or if ACL needs to comply with internal policies or with any applicable order or sanction of a tax authority.
  2. BORROWER’S RESPONSIBILITIES
    • You shall at your own expense provide and maintain in safe and efficient operating order your Device necessary for the purpose of accessing the System and the Services.
    • You shall be responsible for ensuring the proper performance of your Device. ACL shall neither be responsible for any errors or failures caused by any malfunction of your Device, and nor shall ACL be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Device. You shall be responsible for charges due to any service provider providing you with connection to the Network and ACL shall not be responsible for losses or delays caused by any such service provider.
    • You shall follow all instructions, procedures and terms contained in these Terms and any document provided by ACL concerning the use of the System and the Services.
    • You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Device and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorised person. ACL shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold ACL harmless from any losses resulting from any disclosure of your Credentials.
    • You shall take all reasonable precautions to detect any unauthorised use of the System and the Services. To that end, you shall ensure that all communications from ACL are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorised use of and access to the System will be detected. You shall immediately inform ACL in the event that:
      • you have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
      • you have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
    • You shall at all times follow the security procedures notified to you by ACL from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorised to do so.
    • You shall not at any time operate or use the Services in any manner that may be prejudicial to ACL.
  3. DISCLAIMER
    • ACL makes no representation that the operation of the App will be uninterrupted or error-free, and ACL will not be liable for the consequences of any interruptions or errors. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond ACL’s control or if ACL deems it necessary.
    • The information, content and services on the App, including the Services are provided on an “as is” and “as available” basis.
    • To the extent permitted by law, ACL does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness or freedom from viruses of the App.
    • ACL will not accept responsibility for:
      • any losses incurred or delays in transmission for messages arising out of the use of the services of an Internet Service Provider or Mobile Network Operator or caused by any software which is outside ACL’s control;
      • any virus or malware that may affect your Device as a result of accessing or using the App or other materials on the App;
      • any unauthorised use or interception of any message or information in the course of using the App; and
      • any unauthorized use of or access to data relating to you or your transactions which is held by ACL (except where it results from our negligence, fraud or failure to comply with any applicable laws) to extent permitted under applicable law.
  1. THIRD PARTY LINKS AND ADVERTISEMENTS
    • The App may provide links to other websites, applications or content that are not owned, operated or controlled by ACL (“Third Party Links”). We may not have a relationship with the operators of Third Party Links and ACL is not responsible for the content and services provided through such Third Party Links. ACL does not endorse the information contained or any products and services described in such Third Party Links.
    • ACL does not accept responsibility for adverts contained within the App. Where you agree to purchase goods or services from any third party who advertises in the App, you do so at your own risk.
  2. LIMITATION OF LIABILITY

In no event will ACL be liable for any loss or damages of any kind, including special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of these Terms, the site, the services,  any content supplied hereunder, or any interactions you may have with other users of the site or the services, whether arising in tort (including negligence) contract or any other legal theory, even if ACL has been advised of the possibility of such damages.

  1. NOTICES
    • ACL may send information concerning your Account via:
      • SMS to the mobile phone number associated with your Mobile Money Account;
      • your social media account;
      • your e-mail;
      • In-App messages; or
      • such other channel as ACL may determine in future.
    • You acknowledge that you have no claim against ACL for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to your Account.
  2. DEFAULT ON LOAN
    • An event of default (Event of Default) occurs when you:
      • fail to pay any sum payable for a Loan granted under these Terms for a period of 30 consecutive days or such longer period as may be permitted under these terms unless failure to pay is caused solely by a technical problem affecting the payment platform (e.g. MPESA technical errors and downtimes); or are declared bankrupt.
      • At any time after an Event of Default has occurred which is continuing, ACL may, without prejudice to any other right or remedy granted to it under any law:
        • terminate this Agreement in accordance with clause 19 below;
        • declare that the Loan (and all accrued interest and all other amounts outstanding under these Terms is immediately due and payable, whereupon they shall become immediately due and payable; and
        • supply information concerning the Event of Default to Credit Reference Bureaus. A copy of any adverse information concerning you sent to a Credit Reference Bureau shall be made available to you upon written request.
  1. TERM AND TERMINATION
    • These Terms will remain in full force and effect while you use the App. You may terminate your account at any time for any reason by contacting us or cancelling your account. Even after your account is terminated, certain clauses of these Terms will remain in effect.
    • ACL may terminate your account for any reason at any time. Even after your account is terminated, certain clauses of these Terms will remain in effect.
    • ACL reserves the right to terminate your access to and use of the App or any part of it, in its sole discretion, without notice and liability, including, if ACL believes that you are not complying with these Terms. ACL also reserves the right to investigate suspected violations of these Terms. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
  2. GOVERNING LAW, JURISDICTION AND NO CLASS ACTIONS
    • There Terms shall be construed in accordance with and governed by the laws of England.
    • The Parties shall endeavour to settle amicably any dispute arising from this Agreement, and any dispute that cannot be resolved amicably within 30 days after either party’s request to the other for resolution of the dispute through negotiated settlement or mediation shall be referred to Arbitration in accordance with the provisions of the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The place of Arbitration shall be London, United Kingdom and the language of Arbitration shall be English.
    • Nothing in this clause shall restrict either party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from court in London, United Kingdom jurisdiction pending the final decision or award of any arbitrator.

 

  1. MISCELLANEOUS
    • In the event that individual provisions of these Terms shall be or become invalid or for any reason unenforceable, all other terms and conditions shall remain in full force and effect.
    • No waiver by ACL of any breach, failure or default in performance by you, and no failure, refusal or neglect by ACL to exercise any right hereunder or to insist upon strict compliance with or performance of your obligations under these Terms, shall constitute a waiver of the provisions of these Terms and ACL may at any time require strict compliance with the provisions of these Terms.
    • ACL may assign its rights and duties under these Terms to any party at any time without any notice to you. You may not assign these Terms to anyone.
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