In these Terms:

“Beneficiary” means a person designated or otherwise entitled to benefit under a Trust.

“Personal Data” has the meaning assigned to it under the Nigeria Data Protection Act, 2023 (the “NDPA”).

“Privacy Policy” means the Company's privacy policy applicable to the App available at https://afrinvest.com/privacy-policy/.

“Services” means the trust-related services provided by Us through the App in connection with the establishment, administration, management and operation of the Trust, including the provision of related digital, administrative and support services, as may be made available by Us from time to time.

“Settlor” means the person establishing or contributing assets to a Trust.

“Trust” means an Education Trust, Private Investment Trust or other trust arrangement established or administered through the App.

“Trust Deed” means the Deed or other instrument establishing and governing the relevant Trust.

“Trustee” means Afrinvest Trustees Limited.

You must provide complete, accurate and current information when registering for and using the App.

We may request information and documentation reasonably required to verify your identity and authority, establish and administer the Trust, comply with applicable laws and satisfy our regulatory, anti-money laundering and know-your-customer obligations.

You shall promptly notify us of any change to information provided through the App.

You are responsible for maintaining the confidentiality of your login credentials and for activity undertaken through your account, except to the extent resulting from our failure to maintain appropriate security measures.

We may suspend or restrict access where information provided cannot reasonably be verified or where required for legal, regulatory, security or operational reasons.

The App provides a digital channel through which you may access and interact with the Trust Services.

The establishment, administration, management, amendment and termination of a Trust shall be governed by the applicable Trust Certificate and applicable law.

Where there is an inconsistency between these Terms and the Trust Certificate concerning the substantive terms or administration of the Trust, the Trust Certificate shall prevail.

We may require additional information, documents or verification before processing any request or instruction relating to a Trust.

We may decline to act on an instruction which is unlawful, unauthorised, incomplete, ambiguous, inconsistent with the terms of the Trust Certificate or reasonably considered to present a legal, regulatory, security or operational risk.

You represent and warrant that information and documents provided by you are accurate, complete and not misleading.

Where you provide Personal Data relating to a Beneficiary, family member or any other third party, you shall ensure, where required by applicable law, that you are authorised to provide such information and that the disclosure is lawful.

Where required, you shall take reasonable steps to inform such third party that their Personal Data has been provided to us and direct them to our Privacy Policy.

We may independently obtain information relating to a Beneficiary, or other person connected with the Trust where reasonably necessary for the establishment, administration or protection of the Trust or to comply with applicable law.

Instructions, approvals, acknowledgements and other actions completed through the App may be recorded and relied upon as evidence of your instructions or acceptance, subject to applicable law and the Trust Deed.

You consent to receiving notices and communications electronically through the App, electronic mail, Short Message Service (SMS) or other electronic channels made available by us.

You are responsible for ensuring that your contact information is accurate and that your device and account are adequately secured.

Applicable fees, charges and expenses relating to the Trust Services shall be disclosed to you before they become payable or as otherwise provided in the Trust Certificate.

We may deduct applicable fees and charges from the relevant Trust assets or account where authorised by the App, Trust Certificate or otherwise agreed with you and permitted by law.

We shall process Personal Data in accordance with the NDPA, the Nigeria Data Protection Act General Application and Implementation Directive, 2025 (“NDPA -GAID”), applicable regulations, directives and guidance issued by the Nigeria Data Protection Commission (“NDPC”), and our Privacy Policy available at https://afrinvest.com/privacy-policy/.

We shall maintain the confidentiality of Trust information and Personal Data, subject to the Trust Certificate and applicable law.

Disclosure of Trust information or Personal Data shall be limited to circumstances authorised by the Trust Certificate, these Terms or applicable law.

A data subject's right to access Personal Data does not, of itself, confer a right to access confidential Trust information or Personal Data relating to another person.

You shall not:

Use the App for any unlawful or fraudulent purpose;

Attempt to gain unauthorised access to the App or another user's account;

Interfere with the security or operation of the App;

Introduce malicious software or code; or

Use the App in a manner that may cause damage to us, another user or any third party.

We may suspend or restrict access where we reasonably suspect fraud, misuse, unauthorised access, security compromise or a breach of these Terms.

All intellectual property rights in the App, including its software, design, content, interfaces, branding and underlying technology, belong to or are licensed to us.

We grant you a limited, non-exclusive, non-transferable and revocable right to use the App solely for the purposes permitted under these Terms.

You shall not copy, modify, reverse engineer, decompile, distribute, sell, license or otherwise exploit the App except as permitted by law.

We shall use reasonable efforts to maintain the availability of the App but do not guarantee uninterrupted or error-free access.

In providing the Services, We may engage or utilise third-party service providers, including payment processors, identity verification providers, technology and hosting service providers, professional advisers and other service providers (collectively, the “Service Providers”), as may be necessary or reasonably required for the establishment, administration and operation of the Services. You authorise Us to disclose or otherwise make available to the Service Providers such information, documents and data relating to You, the Beneficiaries, the Trust and the Trust Assets as may be reasonably necessary for the provision of the Services, subject to applicable law and Our privacy and data protection obligations.

We shall not be responsible for an interruption or failure attributable to a third-party except to the extent required by applicable law or resulting from our breach of these Terms.

We may suspend the App temporarily for maintenance, upgrades, security reasons or compliance with legal or regulatory requirements.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Subject to the foregoing, we shall not be liable for loss arising from inaccurate or unauthorised information provided by you, your failure to secure your account or device, your misuse of the App, or circumstances outside our reasonable control.

You shall indemnify Us against losses, claims, liabilities and expenses arising directly from your fraud, wilful misconduct, unlawful use of the App or material breach of these Terms, except to the extent caused by Our negligence, wilful misconduct or breach of applicable law.

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis without any express or implied warranty, representation or guarantee, including as to their availability, accuracy, reliability, timeliness, security, fitness for a particular purpose or freedom from errors.

We do not warrant that the Services will be uninterrupted, secure or error-free, or that any information or results obtained through the Services will be accurate or meet your requirements. We shall not be responsible for any delay, interruption, loss or damage arising from circumstances beyond our reasonable control or from the acts or omissions of third-party service providers.

Your use of the Services, and any reliance on information made available through the Services, is at your own risk, subject to any rights and protections that cannot lawfully be excluded or limited under applicable law.

We may suspend or terminate your access to the App where:

You materially breach these Terms;

Continued access would breach applicable law or regulatory requirements;

We reasonably suspect fraud, misuse or a security risk; or

The relevant Trust is terminated or otherwise ceases to be administered through the App.

Termination of your access to the App shall not affect rights or obligations that have accrued before termination or any obligations which by their nature are intended to survive termination.

Termination of access to the App does not, by itself, terminate the Trust. The termination of the Trust shall be governed by the Trust Certificate and applicable law.

Complaints relating to the App or Trust Services may be submitted through the contact details provided in the App or otherwise communicated to you.

Data protection complaints shall be handled in accordance with our applicable data protection and complaints procedures.

Nothing in these Terms prevents a data subject from exercising any right to lodge a complaint with the NDPC or another competent authority.

These Terms shall be governed by the laws of the Federal Republic of Nigeria.

Any dispute arising from or relating to these Terms shall be resolved in accordance with the dispute resolution provisions of the applicable Trust Deed.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

No failure or delay in exercising any right shall constitute a waiver of that right.

These Terms, the applicable Trust Certificates and the Privacy Policy, constitute the terms governing your use of the App and the Trust Services, subject to any other document expressly incorporated by reference.

We shall not be liable for any failure or delay in the performance of the Services to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: an act of God; epidemic; pandemic; changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.

We reserve the right to modify, amend, revise, update these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. You can review the most current version of the Agreement at any time by reviewing this Platform. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.

If you have any questions about these Terms, the Platform or the Service, please email us at connect@plutusneo.ng or write us Afrinvest West Africa Limited, 27 Gerrard Road, Ikoyi, Lagos.