Please read these Terms and Conditions carefully before you make any contribution deposit with us at SUBA Capital.
This agreement outlines the terms and conditions (the “Terms”, "Terms & Conditions", "Policy") made this day 18th July, 2017 between you (a “Contributor”, “you”) and SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (the "Cooperative", "we", "us") under which you voluntarily agree to financially Contribute towards its business activities as stated hereunder through our website, web and mobile application (the "Platform"), electronic bank transfer, direct bank deposit ("the Bank"), and/or a third party agency banking ("agent"), which set forth the legally binding terms and conditions for your financial contribution (the “Contribution”) and use of the services (the “Service”) offered by SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (“the Cooperative”) trading under the name "SUBA Capital" through the Platform and third party services as stated above.
It is important that you read these Terms & Conditions carefully before making financial contributions.In these Terms, we refer to following terms thus; "Contributions" are Financial Savings, Investment and Lending Contributions, “Contributor or Member” are those who financially contribute towards SUBA Capital's business objectives, “Prospects” are persons who are not yet financial Contributors but have opted in to receive marketing content and project updates from SUBA Capital, "Visitors" are persons who visit our platforms, offices and farm projects, “Users” are persons who are actively using our Platform and our Services “Officer or Agent/Collector” are those who represent us, “Updates” are the shared information about happenings and progress reports on the SUBA Capital’s operations, “Contribution Plan” refers to a Financial Contribution Plan within the time frame from the "Start Date" (typically 1st January or when the Contributor becomes financial active on the platform) and the date the contribution plan gets Matured for Withdrawal ("End Date") as stated in the "Terms of Contribution" below. "Returns" are the Interest on Savings or Return on Investment (Collectively "Returns") refers to the "Accrued Interest" on "Total Contribution" as computed and displayed in the Contributor’s "Wallet" on the Platform. "Withdrawal" refers to when a Contributor initiates a withdrawal on the Platform, "Withdrawal Window" refers to the time frame between the End Date and thirty (30) calendar days after the "End Date" (typically 1st - 31st January or at maturity of the Contribution Plan). "Liquidation" refers to when a Contributor instructs the SUBA Capital to initiate a Withdrawal and liquidate Contributions before the "End Date", "SUBA Capital" refers to both the Cooperative the financial service to the Contributor/Member/User.
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (License Number: 0113687) is a state licensed cooperative limited by shares that is licensed to carry on business in Financial Services as a Microfinance Institution under the Nigerian Cooperative Act (2004) and The Cooperative Societies Law Cap. 45 of the Bendel State of Nigeria Laws 1976 amended from time to time (as applicable in Edo State) trading under the name "SUBA Capital" that is eligible to accept deposits from individuals, groups, organizations to further its business objectives.
We carry on business in trading activities, farming, real estate activities, rental, leasing, business support and development services; general contracts and merchandising. The Cooperative carries out microfinance services as a licensed micro finance institution (MFI) with License Number: 0113687 and affiliated with the Asscoiation of Non-Bank Microfinance Institutions (ANMFI) as a member who are non-bank microfinance regulators for Central Bank of Nigeria (CBN).
SUBA Capital is a microfinance institution that offers profitable wealth creation opportunities to its members and subscribers through savings, investmentments and ledning services.
Upon completion of the digital and/or physical Sign-Up/Know Your Customer (KYC) Form, a Contribution Wallet ("Contribution Account") shall be created for you and upon deposit of your initial Contribution using the above afroementioned means of Contribution methods you are now deemed to have AGREED to the Terms and bound by the Terms and Conditions (“Terms”) here with.
Please Note that all initial and subsequent top up Contributions MUST be made to the designated Contribution Accounts via our website, mobile application or directly to the stated bank accounts for such Financial Contribution to be valid.
When you are creating a contribution account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password and PIN that you use to access the Service and for any activities or actions under your password and PIN, whether your password and PIN is with our Service or a third-party service.
You agree not to disclose your password and PIN to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The tenor of a Contribution Plan shall be 6, 12 or 24 months as advertised and displayed on the Platform. Please visit: https://www.subacapital.co/plans to confirm the tenor of each contribution plan. Do note that you may not be able to initiate a withdrawal until the maturity of your chosen Contribution plan.
The Returns on total Contribution shall be calculated by an automated system using the compound interest model and remitted electronically to the Contribution wallet of the Contributor on the Platform regularly depending on the chosen Contribution Plan using the Return percenatge as advertised on the Platform.
By making this Financial Contribution, you AGREE that your Contribution shall be tied up with SUBA Capital and unavailable for Withdrawal through out the entire tenor of the Contribution Plan otherwise referred to as “tie up period”. Neither SUBA Capital nor its representatives can or will refund your Contribution until the successful completion of the Contribution Plan after which the principal Contribution and Returns shall be disbursed to the Contributor.
At the "End Date" and maturity of a Contribution Plan, the Contributor may initiate a Withdrawal Request within the Withdrawal Window.
There shall typically be 2 Withdrawal Windows per annum thus; 1st - 31st January and 1st - 31st July or upon maturity of the chosen plan. This is because our fixed, farming cycle and real estate turnaround time are in 6, 12 and 24 months intervals.
The Withdrawal process shall typically take between 3 - 7 business days.
Do note that the automated system may re-contribute the contributed capital into the prior chosen contribution plan after 30 business days of maturity without a withdrawal initiated. The contributor shall receive automated email reminders to this effect.
A Contributor may be able to liquidate their contributed fund outside the Withdrawal Window in part or in whole before the Contribution "End Date" (Date of maturity) by sending a "Notice to Liquidate" via email to support@subacapital.co
Liquidation shall be subject to Management Approval upon avaialability of liquidity or purchase of the plan by an existing or prospective contributor.
Approval of Liquidation shall be at the descretion of SUBA Capital's Management.
The liquidation process shall attract a 20% administrative fee on the total amount being Liquidated and the process may take 7 to 30 business days.
Where the process time elaspes, SUBA Capital shall notify the Contributor and give updates of the process. The Contributor could either cancel the liquidation request or wait for the final approval and disbursement of the liquidated funds.
A Contributor may Top Up their Contribution Wallet at any time either to subscribe to either a Savings, Investment or Lending Contribution plan.
A contributor may roll over a their total Contribution into same Contribution Plan or a different Contribution Plan by sending a "Rollover Request" to SUBA Capital through certified mail or by email to support@subacapital.co within the Withdrawal Window.
Please Note that SUBA Capital may deem the a Contribution Plan rolled over if and when the Contributor fails to initiate a Withdrawal Request within the Withdrawal Window.
The Contributor shall receive periodic electronic updates on the status of the business operations by email and get Contribution notifications by SMS and email.
As an active contributor, you are expected to review all updates, notifications, and reports from SUBA Capital as they represent a record of information pertaining to your Contribution with us during a contribution plan.
A Contributor who does not get any updates via email or text should send an email to support@subacapital.co to be added to the update list.
As an active Contributor to SUBA Capital, you are entitled to request for a physical visit to our branches, farm project site, and stores to access the business first hand.
However, you must provide us with at least 2 to 14 days notice by certified mail (including email) to schedule a visiting/inspection appointment.
We use the contributed funds to secure farm land, engage farm workers, plant seeds, insure farm workers and farm produce, complete a full farming cycle, and harvest sale logistics.
Our farming cycles are in 6, 12 and 24 months intervals depeding on the what we are producing.
We also use Contributed funds to engage in fixed income asset investment, asset trade, produce trade, and distributions of agricultural commodities, consumer goods, transport business, real estate and other investment as may be approved by the SUBA Capital's Management from time to time.
You acknowledge that you do not own any of the businesses, assets, and/or investments that SUBA Capital uses the contributed funds for in part or in whole and you acknowledge that you are only entitled to a share of the proceeds as Returns on any Contribution Plan you Contributed towards as agreed.
You acknowledge that you have read and understood the Terms and Conditions uptill this point and you accept to continue with the use of our Service.
Representations and warranties are statements and promises made by you to SUBA Capital, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and Conditions every time you use the Platform or Services;
1. you are aged 18 years and above;
2. you are of sound mind and have the capacity to enter into agreement with these Terms and Conditions to subscribe to our Contribution Plans;
3. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
4. you hold a bank account in your country of residence/where you use this Service in your own legal name and will use this account to transfer money to our account when you Contribute and to receive withdrawals of Contributions made and Returns earned;
5. you have carefully considered the risks involved with using the Platform, the Services and choosing a Contribution Plan and you have also considered the risks associated with any form of cash contribution or donation, including but not limited to the possibility of losing all the money you contribute;
6. you will only ever Contribute with your own money unless you are authorised on behalf of a third party (“Third Party”) and we agree that you may act on behalf of that Third Party,
7. you are not using any illegal funds or attempting to launder by Contributing at SUBA Capital,
8. if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, and you are legally authorised to do so, we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorisation); and that
9. you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
The Platform - SUBA Capital Web and mobile application is owned and managed by SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited and it carries out its microfinance services through registered bank accounts as SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited and trading under the name "SUBA CAPITAL".
Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions applies to all visitors, users and anyone/entity who access or use the Service. All applicable laws and all conditions or policies referenced here are collectively referred to as; “Terms and Conditions”.
By accessing or using the Service either physically or electronically, you agree to be bound by these Terms and Conditions.
If you disagree with any part of the terms then you may not access the Service and SUBA Capital may discontinue the use of any information SUBA Capital legally obtained about you in accordance with the provisions of our Privacy Policy.
The Platform - Website, Mobile Application and Third Party Platforms is, at all times, subject to our Terms of Use.
Secure access to the Platform is provided by way of your username, password and PIN. These log-in credentials are unique to you and are the primary method of securely identifying you when delivering our Services to you. It is therefore extremely important that you keep your username, password and PIN secure at all times.
If you suspect that your secure access to the Platform has been compromised in any way, it is your responsibility to contact us.
You confirm that you will only use our Platform for the purposes set out in these Terms. You confirm that you will not attempt to gain unauthorised access to the secure areas of the Platform and furthermore you will not attempt to use any code or software to manipulate or automate functions available on the Platform.
You understand that we may store your IP address information and may monitor your use of the Platform in accordance with our cookie policy. Access to the Platform may be restricted at the discretion of SUBA Capital, particularly during periods of maintenance and updating.
We have the right not to act on your instructions including where we deem that your instruction was not sufficiently clear, or we could not verify your identity to our satisfaction, or you did not make the instruction, or we believe that the instruction may be related to an illegal activity.
The Service is offered subject to acceptance of all of the Terms and Conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform by SUBA Capital, which are incorporated by reference, including operating rules, policies, and procedures of third party services providers to the Platform that are referenced herein. These Terms apply to every user of the Service.
In addition, SUBA Capital may subject Contributors to additional Terms and Conditions when we adopt additional services to the Services already offered through the Platform. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by this reference.
SUBA Capital reserves the right, at its sole discretion, to modify or replace these Terms and Conditions from time to time by posting the updated terms on the Platform and notifying the Contributors.
It is your responsibility to check the Terms and Conditions periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service.
Your continued use of the Service following the posting of any changes to the Terms and Conditions will indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes.
SUBA Capital reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason without liability.
SUBA Capital may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
By submitting your information, you grant us the right to provide the information to third parties partners for purposes of facilitating the completion of Purchases and Payments.
Where we discover that the Platform is being used to launder money or for any suspicious transactions, we have an obligation to report your activities to the relevant authorities without recourse to you.
Where a Contributor contributes in a currency other than the Nigerian Naira (NGN), foreign exchange gain or loss and fluctuations in currency rates may have an impact on the Returns made on such contribution by the Contributor.
All Returns on contribution shall be converted and returned to Nigerian Naira (NGN) based on the Central Bank of Nigeria (CBN) official exchange rate. The Contributor therefore enters into any transactions in currencies other than the Nigerian Naira (NGN) at their sole risk and shall bear all responsibilities for any gains or loss as a result.
Unexpected changes in currency exchange market conditions may have an impact on the extent of Retruns the Contributor would be exposed to such as when there is an upward or downward movement in the relevant rates.
The Contributor understands and is able to assume the risk of loss associated and agrees to be liable for any resulting deficit this might have on contributions made or Returns earned.
The Service and its original content, features and functionality are and will remain the exclusive property of SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (SUBA Capital).
Copyright, trademark, and other laws of The Federal Republic of Nigeria protect the Service. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SUBA Capital.
(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
(ii) modify, translate, or otherwise create derivative works of any part of the Service; or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to SUBA Capital concerning the Platform or the Services (collectively, “Feedback”), SUBA Capital shall be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations.
You understand and agree that the incorporation by SUBA Capital of Feedback into any of its products or services does not grant you any proprietary rights therein.
Our Platform and Service may contain links to third-party software, mobile application, web sites or services that are not owned or controlled by SUBA Capital.
SUBA Capital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party software, mobile application, web sites or services.
You further acknowledge and agree that SUBA Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such software, mobile application, web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party software, mobile application, web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and delete your account.
Except as otherwise terminated in accordance with the provisions below, these Terms shall commence on the date you signup to Contribute with SUBA Capital and shall remain valid and binding for as long as you have an account with SUBA Capital.
These Terms and Conditions may be superseded by any amended Terms and Conditions in the future from the last date of its latest update.
You may terminate these Terms provided that you have no outstanding Contribution Plan on the Platform.
To terminate your membership and delete your account, simply click here >>> DELETE MY ACCOUNT
SUBA Capital may terminate these Terms at any time without notice.
Subject to the Terms of Insurance and any insurance claims settled, you agree that SUBA Capital has no obligation to reimburse or indemnify you for any cost, loss or liability which you incur as a result of the failure of a business and/or investment to yield according to expectations.
1. your fraudulent or illegal use of the Platform, the Services or the Platform;
2. your negligence or any default by you of any of these Terms and Conditions;
3. any inaccurate or incomplete information that you have knowingly provided to us;
4. your allowing any other person to access your account either with your permission or as a result of your failure to keep your log in details and PIN private;
5. any service that you have offered, whether with or without our permission, to another third party using our Platform, or Services;
6. any claim made against you for actual or alleged infringement of SUBA Capital’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
In no event shall SUBA Capital, the Management, Share Holders, its Directors, Employees, Partners, Agents, Suppliers, or Affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of contributed funds, loss of Returns, data, use, goodwill, or other intangible losses, resulting from;
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We shall not be liable for delays, failure in performance or interruption of service (including withdrawal and liquidation disbursement) which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
By completing and submitting a sign-up/know your customer (KYC) form digitally or physically, and Finacially Contributing towards our business objectives, you become a nominal member of SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited, and a Financial Contributor towards SUBA Capital's business activities sharing both risk and profit of our business activities knowing fully the volitile nature of the business activities and their associated risk.
We STRONGLY RECOMMEND that you seek independent advice when considering whether to Financially Contribute towards our business objectives with your money using any of the aforementioned means.
We do not provide any financial advice, nor do we make any recommendations to you.
All your actions and inactions are voluntary.
SUBA Capital solely offers you an opportunity to Contribute towards its business objectives under the Contribution plans advertised on the Platform on "as is" basis.
It is your responsibility to assess whether the Platform, our Services, and SUBA Capital is suitable or appropriate for your needs and any decision made to use our Platform and Services is done entirely at KNOWING RISK INVOLVED as previous perfromance does not guarantee future results.
Please be aware that execution of these Terms and Condnitions does not imply that we have confirmed that use of the Platform and our Services are suitable or appropriate for you. We advise you to consider whether Financially Contributing to SUBA Capital's business objectives through the Platform or any of the aforementioned means meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your age and other financial commitments as previous performance does not guarantee future results.
Your use of the Platform and the Service is at YOUR OWN RISK.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided WITHOUT WARRANTIES of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (“the Cooperative”), its partners, affiliates, and its licensors do not warrant that;
(a) the Service will function uninterrupted, secure or available at any particular time or location;
(b) any errors or defects will be corrected;
(c) the Service is free of viruses or other harmful components;
(d) the Service guarantees your Contributed Funds; or
(e) the results of using the Service will meet your requirements.
The Laws of the Federal Republic of Nigeria shall govern this Terms and Conditions (“Terms”). Any dispute arising out of the Agreement to these Terms, which cannot be settled, by mutual agreement/negotiation within 6 - 18 months shall be referred to arbitration by a single arbitrator at Edo State Multi-Door Court House (ESMDC) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria.
The Parties shall appoint the arbitrator, where Parties are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to “ESMDC”.
The findings of the arbitrator and subsequent award shall be binding on the Parties and may be enforced through a Nigerian court of law.
Each Party shall bear its cost in connection with the Arbitration.
You DECLARE your AGREEMENT to these Terms and Conditions either by voluntary sign-up as a financial Contributor on our Platform or through a representative or by signing a physical copy of these these Terms and Conditions.
By continuing on our Platform and the use of our Service, YOU AGREE to the above "Terms of Contribution" together with the "Terms of Use", and "General Risk Disclosure".
You consent to our "Privacy Policy", agree to transact business with us and receive marketing and other communications relating to SUBA Capital electronically.
By Financially Contributing, you DECLARE that you did do so voluntarily knowing the risks and you have the necessary experience and knowledge to understand the risks involved.
You DECLARE and AGREE to be bound by ALL the above stated "Terms and Conditions" and relevant Laws guiding the operations of SUBA Capital.
Our office and operating hours shall be Mondays through Fridays between 9am and 5pm (GMT+1)
Operation Schedule on Public Holidays and other adjusted times shall be communicated via electronic updates.
Our official communication channels shall be by;
certified mails to;
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited
17, Benin/Lagos Express Road, Isihor, Benin City
email to support@subacapital.co, or
Call/WhatsApp: (+234) 9066054792
SUBA Capital reserves the right, in its sole discretion, to update, review, or change the Terms and Conditions under which our Services and the usage of the Platform and its third party software is offered.
The most current version of the Terms and Conditions will supersede all previous versions of these "Terms" and all other legal agreements (Verbal and/or Written) entered into in relation to your use of our platform, our Services and Financial Contributions towards our business objectives.
SUBA Capital encourages you to periodically review the Terms and Conditions to stay informed of any future updates.
This Terms was last updated 1st January 2020