Terms of Use
Effective from 2023
Welcome to Shekel Mobility Ltd, a fintech platform that provides financial services to local and virtual auto dealers, enabling cross-border transactions across emerging markets (which shall hereinafter, together with its subdomains, be referred to as the "Site" or the "Website" or the "Platform"). Please read the following terms of use (the “Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to Shekel Mobility Limited ("Shekel", "We", "Us", "the Company" or "Our").
These Terms set forth the rights and responsibilities of visitors and customers that use the website, services, application programming interfaces (APIs), products, and platform relating to services (collectively, the “Services”) made available by the Company and its affiliates.
By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with Shekel and have understood and agree to abide with, and agree to be legally bound by, these Terms, as well as the Privacy Policy. Where you are not in agreement or acceptance with these Terms, please do not use the Site and the Service and/or discontinue access to the Site and the Service.
By completing the registration process or by accessing the Site in any manner or requesting the use of the Service through any means, you are indicating your consent to be bound by these Terms as an agreement.
Review of Terms of Use
We may, at our sole discretion, review, revise and/or update this Terms of Use and the Site at any time. We therefore advise that you read through this Terms of Use periodically.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable, if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
  1. Making all arrangements necessary for you to have access to the Website.
  2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide during your use of this Website or otherwise, including, but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Avaliable Content and Use
  1. Content Description
    The Site contains variety of contents, including but not limited to text, data, files, documents, software, scripts, layout, design, function, aesthetics, graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in paragraph C below) on the Site.
  2. Proprietary RightsAll the contents of the Site, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Shekel, its affiliates and where applicable, to third parties who have licensed such rights to Shekel (“Licensors”). Hence, the Site is protected by copyright, trademark, and other applicable intellectual property rights/laws. Except as specifically permitted herein, you shall not copy, reproduce, republish, upload, post, transmit, modify or distribute the Site or any part of it in any way, including by e-mail or other electronic means, without the prior consent of Shekel or its Licensors.
  3. Restrictions on use of the Site Please note that the contents of this Site are solely for your information and personal use, as intended through the provided functionality of the Services and permitted under this Terms of Use. As such, you shall not:
    1. modify or use the Content on any web Site or networked computer environment or using the Content for any purpose other than personal, non-commercial use, without the consent of Shekel or its licensors first had and obtained, where applicable. Such use or modification is a violation of the copyright, trademark, and other proprietary rights in the Content.
    2. use our Site in any way or take any action that causes or may cause damage to the Site or impairment of the performance, availability or accessibility of the Site;
    3. use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or in any way that breaches any applicable law or regulations;
    4. circumvent, disable or otherwise interfere with security-related features of the Services; including security features that prevent or restrict the use or copying of any content.
    5. use data collected from our Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing or direct mailing).
    6. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site.
    7. use the Site in any way to create liability, or in any way that causes us to lose the services of our Internet Service Providers or other suppliers.
    8. download any content on the Site unless you see a “download” or similar link displayed by us on the Site for such content.
    9. upload, post, email, transmit or otherwise make available on the Site, any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
    10. upload, post, email, transmit or otherwise make available on the Site, any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    11. use the Site, documentation or any other materials provided by Us from time to time, including but not being limited to our Intellectual Property Rights or Confidential Information, to build a competitive product, service, or Site or to benchmark with a product or service not provided by Us.
    12. disrupt the normal flow of or otherwise act in a manner that negatively affects other user’s ability to engage in real-time exchanges.
    13. intentionally or unintentionally violate any applicable local, state, national or international laws and any regulations having the force of law.
    14. refrain from creating multiple accounts for the purpose of accessing the Site and using the features by artificially renewing any trial period offered by Shekel.
    You further agree that:
    1. you are responsible for your own conduct while using the Site or Services and for any consequences thereof;
    2. You shall use this Site and all Services on the Site only for purposes that are legal, proper and in accordance with this Terms of Use, the Privacy Policy, and any applicable law, rules or regulations, any consumer protection, unfair competition, and anti-discrimination laws or regulations and any applicable foreign laws).
    3. You are solely responsible for your interactions with other users of the Site (“Users”) both within the Site and outside of the Site. Shekel expressly disclaims any responsibility for interactions, loss or liabilities between users or between you and any third party outside of the Site.
Account Creation
Before using the Services, you must: (a) accept and agree to these Terms and our Privacy Policy; (b) register with us on the Site and create an account (“Account”); (c) be at least 18 years of age (or older if you reside in a state where the majority age is older). When you register for an Account, you may be required to provide information that will allow us to verify your identity and/or the information of the business entity with which you are associated (“User Information”), including but not limited to:
  1. a valid physical address, phone number
  2. bank account information
  3. a copy of your photo identification.
  4. tax identification information
You may also be required to provide additional information or documentation to allow us to verify your identity, your associated business entity, and/or your Account information. We may also be required to verify the information you provide against third-party databases or other sources and you authorize us to make such inquiries.
The availability of any feature and function on the Site to any User may be conditional on verification of User’s identity.
In addition, during the registration process, you may be asked to enter your user credentials for your online accounts with third-party financial institutions, such as your bank, so that we may review your financial transaction information. You expressly authorize us to access these accounts and view such information solely to perform the Services. The Services will provide metadata and other context for the reporting of payments initiated via Services API or web platform, available via API, web, or CSV download. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use such reporting for your internal business analysis purposes only, and for no other purpose.
Upon your registration on the Site, you will obtain your login details as provided by you to enable you to access the services. The Site is accessible by you by entering the Username and Password (“Login Details”).
Shekel reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Shekel further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Terms, unless otherwise stated by Shekel.
We reserve the right at any time to suspend without notice your access to and/or use of the Site to enable us to carry out essential emergency and/or urgent maintenance. We will use reasonable commercial endeavours to provide you with reasonable advance notice of any scheduled non-emergency maintenance. Scheduled non-emergency maintenance will be performed outside of business hours to the extent reasonably practicable. We will use commercially reasonable endeavours to notify you of any unplanned downtime of the Site and to resolve the issue as soon as reasonably practicable.
User's Responsibilities
  1. The User hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Shekel and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. The User must update Shekel from time to time of any material change on any of the information provided upon signing up by updating their account.
  2. The User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Shekel to display and use all information provided by such User in accordance with the purposes set forth in this Terms and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
  3. Shekel does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. The User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
  4. The User acknowledges and agrees that it has obtained all necessary third-party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Shekel or authorizes Shekel to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The User further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Shekel or authorizes Shekel to display.
  5. Shekel has the right to suspend or terminate the Service without any compensation and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Shekel where a User breached the representations, warranties and covenants in this Terms.
  6. The User agrees to indemnify Shekel, its employees, agents, and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such User’s use of the Service or from such User’s breach of this Terms. The User further agrees that Shekel is not responsible and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit material and that the risk of damage from such material rests entirely with each User. Shekel reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Shekel in asserting any available defenses.
  7. Reliance on Information Posted
    The information presented on or through the Website is made available solely for educational purposes. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Shekel, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Shekel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
  8. Information About You and Your Visits to the Website
    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  1. You undertake that all communication, content, intellectual property or other information, and materials on the Site, either marked ‘confidential’ or is by its nature intended to be for your knowledge alone, shall be kept confidential unless or until you can reasonably demonstrate that such communication, information and material is, or part of it is, in the public domain through no fault of yours. Furthermore, any communication, content, intellectual property or other information, and materials you obtain in terms of or arising from the use of this Site shall be treated as confidential and shall not be divulged or permitted to be divulged to third parties, without our prior written consent.
  2. Please note that all obligations relating to Confidential Information under this Terms of Use will continue after termination of the Terms of Use and termination of access rights hereunder.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of anykind, either express or implied. Neither shekel nor any person associated with shekel make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Shekel hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
To the fullest extent provided by law, in no event will shekel, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Financial Partners
At Shekel, we partner with other financial/payment service providers in providing our Services to you. In order to enable you make payments on/through the Site, we may share your information with these financial partners. You therefore authorize us to share your identity and banking information with partner financial institutions in respect of our Services. Shekel shall not be liable for any default, negligence or breach of the financial partners.
You agree to defend, indemnify and hold harmless Shekel, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Obligations, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Shekel, its licensors or other providers of such material and are protected under Nigerian copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, without Shekel’s authorized written permission and/or the express, authorized written permission of the copyright owner.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Shekel. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark and other laws.
We may launch new updates/upgrades for the Site, you may subscribe to the same through the Online Stores. In the event, you choose not to update/upgrade the App, certain features or functionality shall not be accessible to you.
Breach of Terms and Conditions
  1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we shall:
    1. send you one or more formal warnings in writing to this effect;
    2. temporarily suspend your access to our Site;
    3. permanently prohibit you from accessing our Site;
    4. block your access to the Site;
    5. commence legal action against you, whether for breach of contract or otherwise; and/or
    6. suspend or delete your account on our Site.
  2. Where we suspend or prohibit or block your access to our Site or a part of our Site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation, creating and/or using a different account).
Waiver and Severability
No waiver of by Shekel of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shekel to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Governing Law and Dispute Resolution
  1. This Terms of Use and all disputes and matters arising from the Site (or its use) shall be governed by the laws of the Federal Republic of Nigeria.
  2. In the event of a controversy, claim or dispute arising out of or relating to this Terms of Use, the Parties shall attempt in good faith to resolve such controversy, claim or dispute promptly by negotiation between the parties or their authorized representatives. You shall, before exploring any other remedy in law, notify Shekel of the dispute or complaint through the contact details below. If parties are unable to resolve the controversy, claim or dispute, the parties shall be at liberty to explore any other dispute resolution mechanism known to Law including mediation, arbitration or litigation.
  1. This Terms constitute the entire agreement between the User and Shekel with respect to, and governs, the use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
  2. Shekel and the User are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Terms.
  3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  4. Shekel shall have the right to assign this Terms (including all of its rights, titles, benefits, interests, and obligations and duties in this Terms) to any person or entity (including any affiliates of Shekel). The User may not assign, in whole or part, this Terms to any person or entity.
  5. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be resolved by mediation under the auspices of the Lagos State Multi-Door Courthouse. Provided that no Party shall refer any dispute to mediation, except the Parties have attempted to resolve same amicably, and such attempt has failed. Where mediation fails, either party may refer the dispute to a court of competent jurisdiction.
The Company reserves its rights to terminate these Terms and Conditions in the event:
  1. you breach any provision of these Terms;
  2. the Company is required to do so under law;
  3. liquidation;
  4. the Company chooses to discontinue the Service being offered or discontinue to operate the Site.
  5. the license granted to use the Site expires;
  6. of non-payment of Outstanding Amount(s).
The Company reserves its right to enforce the obligations contained herein, even when you have uninstalled the Site or even after termination of these Terms and Conditions, until all your obligations are fulfilled.
Upon termination of these Terms, the rights granted to you under these Terms shall cease to exist. Notwithstanding anything contained in these Terms or otherwise, the termination of these Terms for any reason whatsoever, shall not affect your obligations, including but not limited to repayment of any outstanding amount(s).