Terms Of Use

Introduction

nnysmart is an automated saving platform that let you save at your your own pace and schedule.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Last updated: November 18, 2019

These Terms of Use (these "Terms") represent an agreement between you and Pennysmart Financial Technology Limited. ("Pennysmartapp.com") and contain the terms and conditions governing your use of and access to our website at https://www.pennysmartapp.com and all affiliated websites owned and operated by us (collectively, the "Website") and our products, services, and applications (together with the Website, the "Services"). "You" and "your" mean the person who uses or accesses the Services. "We," "us," and "our" mean Pennysmartapp.com and its successors, affiliates, and assignees. As used in these Terms, "Pennysmart Account" means the account you have with us for the Services. Your use of and access to the Services are subject at all times to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. By using or accessing the Services , you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services. THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR BANK ACCOUNT (AS DEFINED BELOW) VIA THE AUTOMATED CLEARINGHOUSE NETWORK ("ACH") AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

Your Consent

Fund Withdrawal: Pennysmart reserves the right to charge a 5% commission on your withdrawal if you decide to withdraw your funds before the withdrawal date is due.

Your Consent: To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent: Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at [email protected] If you withdraw your consent to receive Communications electronically, we will close your Pennysmart Account and return the balance in your Pennysmart Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Pennysmart Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

You Must Keep Your Contact Information Current With Us: In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website.

Copies of Communications: You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

Changes: We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.

Your Access

Pennysmart is intended solely for individuals who are 18 or older. Any access to or use of Pennysmart by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using Pennysmart, you represent and warrant that you are 18 or older.

In order to access certain features of Pennysmart, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Pennysmart has physical, electronic and procedural safeguards that comply with regulatory standards to guard Users' and Clients' non-public personal information (see Privacy Policy). You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify Pennysmart immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete. If you wish to develop enhancements to the Pennysmart service then you must do so via our "Partner Program" API. As used in these Terms, "APIs" means programmatic web APIs and associated tools and documentation that provide access to certain data displayed on our website or in our mobile applications. Access to our APIs requires you meet our Partner Program eligibility criteria and enter into a signed partnership agreement with Pennysmart. You may not scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work). If you wish to learn more about becoming a Partner, please contact [email protected]

Disclaimer and Limit of Liability

Pennysmart cannot be held responsible for any financial insights or recommendations provided to Users.

Disclaimer Warranties

Your use of Pennysmart's website, and the personal information you provide is at your sole discretion. Pennysmart's website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Pennysmart.

No advice or information, whether oral or written, obtained by you from Pennysmart's website, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.

Limitation of Liability

IN NO EVENT SHALL PENNYSMART OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF PENNYSMART, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH PENNYSMART OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PENNYSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PENNYSMART'S CUMULATIVE LIABILITY TO YOU EXCEED GHS1000.

Termination

Each of us can end this agreement at any time, subject to the maturity of all plans. You may request termination of your User Account at any time and for any reason by sending an email to [email protected] You acknowledge and agree that Pennysmart, in its sole and absolute discretion, may, without notice to you, suspend your account or your use of, or access to, Pennysmart Site or any of the Services, and remove and discard any information or content related to Pennysmart Site or any of the Services (and your use thereof), for any reason, including where Pennysmart believes that you have violated any of these Terms and Conditions. You further agree that Pennysmart shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Pennysmart Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Pennysmart in operating Pennysmart Site or any of the Services, your sole and exclusive remedy is to discontinue using Pennysmart Site or any of the Services. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information.

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to Pennysmart under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.