Referral Plan T&C

TERMS AND CONDITIONS FOR THE FIDO LOAN REFERRAL PROGRAM

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These are the terms and conditions (the “Terms”) applicable to Fido’s loan referral program (the “Program”). Where there is any conflict between these Terms and any other communication or marketing material, this document will take precedence.

1. GENERAL

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You warrant and agree that:

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1. You have legal capacity to enter into a contract with Fido Micro Credit Limited (“Fido”).
2. All the information you provide Fido in connection with the Program is truthful, accurate, and complete.
3. Fido may query third parties for your information for Know Your Customer (KYC) purposes 

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2. REWARD

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1. If you successfully refer Fido’s loan product to a prospective customer (your “Referee”), Fido may reward you with GHS15 for the first loan disbursement to your Referee.  
2. Your Referee may also be entitled to a GHS10 cashback reward where the Referee fully pays back his first loan on time.
3. A referral is considered successful (“Successful Referral”) where Fido disburses a loan to your Referee, after your Referee has applied for a loan based on your referral.
4. The referral code or link given to you expires after two (2) weeks. As such if a Successful Referral is made using an expired code or link, you will not be entitled to receive a reward and your Referee will not be entitled to the cashback payment.
5. Where the eligibility criteria in clause (3) are satisfied, the reward shall be paid as soon as the loan is disbursed to the Referee.
6. Until such time as determined by Fido, rewards shall be payable for only the first ten (10) Successful Referrals.

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3. ELIGIBILITY

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1. In order to be eligible to receive a reward you must have downloaded the latest version of the Fido App, must be a registered user, must have completed the KYC process, and added a payment option. However, you need not have taken a Fido loan in order to be eligible for a reward.
2. Your Referee must also:

1. be a new Fido customer (i.e. Fido must have never disbursed a loan to the Referee)
2. apply for a loan from Fido using the referral code or link provided to you by Fido; and
3. receive a loan disbursement from Fido

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4. ANTI-FRAUD AND COERCION

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1. You shall not engage in fraud or coercion when referring prospective customers to Fido under the Program. 
2. Where, upon Fido’s determination, a customer has intentionally or negligently been successfully referred through fraud or coercion, Fido reserves the right to refuse to pay a reward for that Successful Referral.

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5. LIMITATION AND EXCLUSION OF LIABILITY

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1. Fido shall take steps to remedy any error in any electronic document submitted by you or any other error relating to other aspects of Fido’s services and resources when it becomes aware of the error.
2. You shall be responsible for the safekeeping of all your credentials (such as PIN code) used to access the Fido’s services and resources and Fido shall in no way be responsible for any loss or damage arising from the activities of third parties.
3. Fido shall also not be liable in any way for any loss or damage suffered by you, which loss or damage is as a result of the fraudulent act(s) of third parties.
4. Fido shall not bear any liability to you for damages which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers (all together hereafter referred to as "System Errors"). 
5. You acknowledge and agree that access to Fido's services and resources may be limited or unavailable due to such System Errors, and that Fido reserves the right, upon notice, to suspend access to its online services and resources for this reason.
6. In no event will Fido be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Fido has been informed of the possibility of such damage.
7. Any liability incurred by Fido in connection with the Program shall be limited to the reward due

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6. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership, joint venture, or agency relationship between you and Fido, or authorize you to make or enter into any commitments for or on behalf of Fido

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7. CONFIDENTIALITY AND INFORMATION SECURITY

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1. You together with Fido agree that you shall take reasonable measures to maintain the confidentiality, integrity and availability of Proprietary Information received and shall not undertake any action which undermines the integrity and availability of any such information.
2. Excluded from the provisions of the preceding paragraphs are all data, information and documents that, legally or contractually, must be rendered or submitted to any public entities, financial institutions, insurance organizations, credit bureaus, or consultants in the scope of their duties, as well as disclosures that are required to honor any other duty established by law. In such cases the requested information should only be presented to the authority or entity that is entitled to the information and must be strictly limited to the necessary information to achieve the defined objective.

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8. REPRESENTATIONS

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All representations made by you during your loan application are true and accurate as of the effective date of the loan agreement and you undertake hereunder to immediately notify Fido about any changes in any representation made.

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9. AMENDMENTS

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Fido reserves the right to amend these Terms or to discontinue the Program without giving notice to you. Any amendment so made shall be binding on you.

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10. MISCELLANEOUS

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1. The rule of construction that the Terms and Conditions will be interpreted against the party responsible for the drafting or preparation of this document and the Terms and Conditions will not apply.
2. FIDO may cede, assign or novate any or all of its rights and / or all of its obligations set out in the Terms and Conditions to any person or entity without notice to you.
3. The failure by FIDO to enforce any of the rights or provisions of the Promotion or the Terms and Conditions will not be deemed to be a waiver of such right or provision.
4. If any provision in these Terms is held to be invalid or unenforceable, the remaining unaffected provisions shall remain in full force and effect.

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11. DISPUTE RESOLUTION

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1. All disputes arising under, or in relation to the loan agreement shall be finally settled by way of arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798). 
2. The arbitral tribunal shall be constituted by a Sole Arbitrator jointly appointed by the parties. 
3. Where you and Fido fail to mutually appoint an arbitrator two (2) weeks after the service of a Notice of Arbitration, either party shall apply to the chairman of the Ghana Arbitration Centre to appoint a Sole Arbitrator. 
4. The venue of the arbitration shall be Accra and the applicable law shall be the Laws of Ghana. 
5. The arbitrator's fees, together with all the administrative expenses to be incurred in holding the arbitral proceedings, shall be borne equally by you and Fido.

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