Terms of sponsorship

Welcome to Crowdyvest (the “Platform”), an impact-driven platform that connects you to diverse sponsorship opportunities. This Platform is brought to you by Crowdyvest Limited (“Crowdyvest”, “we”, “us”, or “our”).

  1. Introduction
    1. This Terms of Sponsorship constitutes a legally binding contract between you (“Sponsor”) and Crowdyvest Limited in your access and use of the Platform. The use of the Platform subject to the acceptance of all terms and conditions contained in this Terms of Sponsorship.
    2. This Terms of Sponsorship (ToS) outlines the terms and conditions under which you agree to sponsor investment opportunities as advertised on the Platform and which you must adhere to as a Sponsor. We therefore kindly request that you carefully read through these terms before using the Platform and click on the Agree icon if you consent and agree to be bound by this Terms of Sponsorship. If you do not agree with the terms hereunder, we kindly advise that you refrain from using the Platform. Kindly note that if you proceed to use the Platform without accepting the Terms herein, you will be deemed to have agreed to these Terms and to be bound by same.
  2. Sponsorship Terms
    1. You will receive periodic updates by email of the status/progress of any investments you make. The updates are also available through your account accessible via the Platform. You are expected to review all notifications, updates and reports from Crowdyvest as they represent a record of information pertaining to your sponsorship contribution. You can send your comments, enquiries or reviews to us by mail.
    2. You acknowledge and agree that Crowdyvest may at its absolute discretion accept or refuse your application for sponsorship.
    3. You agree that by choosing to sponsor on our Platform, your sponsorship is fixed and unavailable for the entire duration of the sponsorship cycle, and Crowdyvest shall not be obliged to return your sponsorship until the successful completion of a sponsorship cycle.
    4. Any return on investment upon the successful conclusion of a sponsorship cycle will be remitted to your bank account.
    5. At the end of a sponsorship cycle, you can decide whether to withdraw your funds from the electronic wallet on the Platform and transfer to your nominated bank account or retain your funds in your electronic wallet towards sponsoring a new sponsorship cycle.
    6. In the case of agricultural investments, you are entitled to request for a physical visit to your sponsored farm. You must however provide us with at least 14 days’ notice to schedule a visit.
  3. Sponsor Representations And Warranties

    Representations and warranties represent assurances made by you to us, 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 ToS and every time you use the Platform:

    1. you are over the age of 18 years, of sound mind and have the capacity to enter into this ToS and be matched to a scheme;
    2. you have read and agreed with our Terms of Use and our Privacy Policy.
    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 Nigeria in your own name and will use this account to transfer money to our account when you sponsor a scheme and to receive refunds of contributions made and profits earned;
    5. you have sought independent professional/legal advice and carefully considered the risks involved with using the Platform, and associated with your contribution, including but not limited to the possibility of incurring loss if the occasion arises;
    6. you understand that any information made available on the Platform is not in any way tailored to reflect your personal financial circumstances or investment objectives;
    7. you will only sponsor with your own money unless you are authorized on behalf of a third party (“Third Party”). Whist you may act on behalf of any Third Party, Crowdyvest shall only deal with and be responsible to you and shall have no obligation or liability to any unknown third party;
    8. you are not using any illegal funds or engaging in any fraudulent activity by sponsoring on this Platform;
    9. if you are registering or accepting this ToS on behalf of a legal entity such as a company, trust or partnership and you are legally authorized to do so. In such case, you shall register and/or sponsor in the name of the such entity. We may request evidence of such legal entitlement at any time (by way of a copy of any document which shows the valid and subsisting authorization); and
    10. 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.
  4. Access and Use

    The Platform is, at all times, subject to our Terms of Use, available here. Kindly visit and review our Terms of Use before using the Platform.

  5. Anti-Money Laundering/Fraud Prevention
    1. In using this Platform, you undertake that you shall comply with all applicable laws, including anti-money laundering and anti-corruption laws, regulations and codes in Nigeria. We reserve the right to at any time, suspend or withdraw the use of this Platform when we believe in our sole discretion that the Platform is being used for fraudulent purposes or for any suspicious transactions. In addition to the suspension or withdrawal of services, we also have an obligation to report your activities to the relevant authorities without any recourse to you.
    2. You consent to us carrying out identity and fraud prevention checks and sharing information relating to your use of the Platform with any regulatory body, and fraud prevention, law enforcement or security agency.
    3. You consent to us providing details to the Nigerian police or any fraud prevention, law enforcement or security agency, of any conduct on your account that gives reasonable cause to suspect that the account is being used for improper purposes.
  6. Foreign Exchange Risk
    1. Where a Sponsor contributes in a currency other than the Naira, foreign exchange gain or loss and fluctuations in currency rates may have an impact on the profit made on such contribution by the Sponsor.
    2. All profits on sponsorships and return on investment shall be converted and paid in Naira based on the Central Bank of Nigeria (CBN) official exchange rate. You therefore enter into any transactions in currencies other than the Naira at your sole risk and shall bear all responsibilities for any profit or losses as a result.
    3. Unexpected changes in currency exchange market conditions may have an impact on the extent of profit available to a Sponsor, where there is a fluctuation in the relevant rates.
    4. You understand and agree to assume the risk of loss associated with the use of foreign exchange and agree to be liable for any resulting deficit this might have on contributions made or profits earned.
  7. Confidentiality

    Communications, Confidential Information or other information, and materials between Crowdyvest and the Sponsor, either marked 'confidential' or is by its nature intended to be for the knowledge of the Sponsor alone, shall be kept confidential by the Sponsor unless or until the Sponsor can reasonably demonstrate that such communication, information and material is, or part of it is, in the public domain through no fault of its own, whereupon to the extent that it is in the public domain or is required to be disclosed by an order of a law court of competent jurisdiction or a tax authority, or by directive of a government or government authorized agencies or a lawfully constituted commission of inquiry, provided that prior to making such disclosures, written notification of the demand received by such Party has been given to the other Party and thereafter the Party being compelled to make the disclosure can do so.

  8. Force Majeure
    1. In the event of a controversy, claim or dispute arising out of or relating to this ToS, 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 Crowdyvest 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.
  9. IDispute Resolution
    1. In the event of a controversy, claim or dispute arising out of or relating to this ToS, 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 Crowdyvest 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.
  10. Governing Law
    1. This ToS and all matters arising from it (including non-contractual claims and disputes) and any dispute resolutions referred to above shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.
  11. Limitation of Liability and Indemnity
    1. Crowdyvest shall not be liable to the Sponsor under this ToS in contract, tort (including negligence and breach of statutory duty) or otherwise for any loss of profits (whether direct or indirect), revenue, goods, use, anticipated savings, goodwill, reputation or business opportunity or for any indirect, incidental special or consequential loss arising under the sponsorship (whether or not reasonably foreseeable and even if it had been advised of the other incurring the same).
    2. Crowdyvest’s total liability (if any) in contract, tort (including negligence or breach of statutory duty) or otherwise arising in connection with this Agreement shall be limited to the Sponsorship fees paid by the Sponsor.
    3. You hereby release Crowdyvest and hold it and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of our Platform. You waive the provisions of any state or local law limiting or prohibiting a general release.
    4. The foregoing limitation of liability shall apply to the fullest extent permitted by law in Nigeria and shall remain force notwithstanding the termination of your sponsorship.
  12. Indemnity
    1. You agree that Crowdyvest 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 scheme to yield profit to expectations.
    2. You agree to indemnify and hold harmless Crowdyvest and all our other agents or sub-contractors, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
      1. your fraudulent or illegal use of the Platform, the Services or the Website;
      2. your negligence or any default by you of any terms of this ToS;
      3. any inaccurate or incomplete information that you have knowingly provided to us;
      4. you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
      5. any service that you have offered, whether with or without our permission, to another third party using our Platform;
      6. any claim made against you for actual or alleged infringement of the Company’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.
  13. General
    1. Assignment: You cannot, without the written consent of Crowdyvest assign, transfer or delegate your rights or obligations hereunder, in whole or in part.
    2. Relationship: Nothing in this ToS shall be construed to create a partnership as defined under the Companies and Allied Matters Act 2004, joint venture, employment relationship or agency relationship between Crowdyvest and the Sponsor. You agree that you are fully responsible for your voluntary investments as well as past and future activities outside this TOS.
  14. Disclaimer
    1. No communication by Crowdyvest, through the Platform or any other medium, should be construed or is intended to be a recommendation or advise to subscribe to any sponsorship scheme. Crowdyvest does not hold itself out to be an investment, tax, financial, accounting, legal, regulatory or compliance experts. The investment opportunities herein do not take into account the particular financial circumstances of individual Sponsors. Investing in a sponsorship scheme on the Platform poses risks, including but not limited to credit risk, interest rate risk, and the risk of losing some or all of the money you invest. Before investing in any scheme, you should:
      1. conduct your own investigation and analysis;
      2. carefully consider the investment and all related charges, expenses, uncertainties and risks, including all uncertainties and risks associated with the scheme; and
      3. consult with your own investment, tax, financial and legal advisors. The schemes provided by Crowdyvest are only suitable for investors who understand, are willing and able to accept the high risks associated with investments.
    2. Crowdyvest does not make any representation or warranty to any prospective sponsor regarding the suitability of an investment in any scheme. We do not warrant that your sponsorship would always yield expected profits. Any returns of investment shown on the Platform are target returns and estimated projections. You agree that the actual returns at the end of a sponsorship cycle may be materially different from the advertised projections on the Platform. You understand that these risks are inherent in any investment.
    3. We do not provide any advice, nor do we make any recommendations to you. The Company solely allows you to sponsor a scheme on the Platform. It is your responsibility to assess whether the Platform is suitable or appropriate for your needs and any decision made to use our Services is done so entirely at your own risk. Please be aware that execution of this ToS 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 sponsoring a scheme through the Platform meets your required risk levels and objectives, and you should only commit such funds that you are able to financially bear the risk of loss considering your other financial commitments. By using the Platform, you confirm that you have the necessary experience and knowledge to understand the risks involved.
    4. You confirm your agreement to this ToS either by registering as a sponsor on our website or by signing a copy of this ToS. By continuing on our website, you agree to the following terms and conditions together with the Terms of Use, consent to our privacy policy, agree to transact business with us and receive communications relating to the sponsorship electronically.
  15. Privacy

    You confirm that you have read and understood the Company’s Privacy Policy which provides information on how we use and store the personal information that you provide to us. You further acknowledge that the Company may amend and update this policy from time to time.

  16. Contact Us

    Any notice required or permitted to be given to us shall be in writing and may be given either personally or by email or by facsimile transmission or by post via the information below:

  17. Crowdyvest Limited

    2nd Floor, Plot 5A, Block 114,

    Akiogun Street (Oniru Market Road),

    Oniru, Lekki Phase 1,

    Lagos, Nigeria.

    info@crowdyvest.com

    07098983939

  18. Amendment

    We may amend or revise this Policy at any time by posting a revised version on our website. Notice of the amendment shall be posted on our website and the revised version will be effective from the date of publication. Kindly, note that your continued use of our Platform after the publication of the revised version constitutes your acceptance of our amended terms of the Policy.