1. Interpretation

(a) “Account” means an Affinity Daily, Growth or Future account maintained with us.

(b) “You”, “Your” means the Account holder.

(c) “Contact Address” means your GPS address, email address or phone number in our records.

(d) “Affinity”, “We”, “Us” and “Our” refers to Affinity Ghana Savings and Loans Limited, a company incorporated in Ghana and having its registered office at No. 6 Asafoatse Ankaa Road, Ringway Estates, Accra. P.O. Box OS 2475, Osu, Accra, Ghana.

2. The Terms and Conditions

These Terms and Conditions (as may be varied and amended from time to time, hereinafter referred to as “Terms”) form a legally binding agreement between you and us. The Terms establish the conditions under which you open and maintain an Account with us through the Affinity Ghana Savings and Loans Limited Mobile Application (the “App”).

Account opening and access

3. Account opening

3.1. To open an Account with us, you must be at least 18 years of age and a Ghanaian citizen or resident in Ghana.

3.2. You must also complete all mandatory Know Your Customer (“KYC“) documentation required to open an Account. This may include providing your name, age, date of birth, nationality, phone number, residential address, photographic official identification cards such as the Ghana Card, passport, and a recent photograph of yourself uploaded unto our App. We reserve the right to update our KYC requirements at any time and will let you know if we do. Please note that if you do not provide the required documentation during the account opening, the account will be restricted.

3.3. Notwithstanding the above, you understand that we have the discretion (and without giving any reasons) to decline your Account opening application.

3.4. You give us your consent to use any of your digital images or electronic representations of official identification cards or other documentation by us for the purposes of opening and dealing with the Account. We are entitled to act upon such images or representations for all purposes as if they were paper items.

3.5. By agreeing to these Terms, you request and authorise us to open a deposit account in your name and at any time subsequently to open further accounts as you may direct.

4. Deposits and Account Access

4.1. When you have successfully opened an account with us, you may make deposits into your Account electronically or through other means provided by us, at any time, and we will credit any deposit to your Account. All deposits credited to your Account are subject to clearing and final payment.

4.2. All deposits in an Account will be held in Ghana Cedis.

4.3. You certify that you have received verbal explanation on deposit protection in Ghana and the reimbursement amount for eligible deposits from Affinity in accordance with the Ghana Deposit Protection Act, 2016 (Act 931) and any statutory amendments thereof.

4.4. You may access your Account via internet banking or the App, but access to your Account is subject to daily transaction limits as set by us.

4.5. Affinity may refuse to release funds held in your Account if restricted from doing so as a result of any legal authority or where Affinity is required to do so if it is of the opinion that there is any unusual, improper, or suspicious activity in the Account or where there is a dispute as to entitlement to such funds or the ownership of the Account.

MANDATES AND MAINTANING YOUR AFFINITY ACCOUNT

5. Account mandate and maintaining your Account

5.1. You acknowledge and understand that any funds received from or on your behalf are to be placed to the credit of your Account unless you give Affinity written instructions to the contrary.

5.2. You shall assume full responsibility for the genuineness, correctness, and validity of all endorsements appearing on all cheques, orders, bills, notes, negotiable instruments, receipts, or other instructions deposited into your Account.

5.3. All notices, bank statements or alerts relating to the operation of your Account(s) will be sent to your Contact Address (if provided on your profile) or through in-app notifications. It will be considered duly delivered and received at the time it is sent by Affinity.

5.4. You agree to assume a heightened degree of responsibility for safeguarding your Account, PIN code, and banking access. You shall ensure that all signatures, access codes, passcodes or pins are kept secure from unauthorised access. Neglect of this responsibility may be a ground for any consequential loss being charged to your Account.

5.5. You undertake to notify Affinity immediately if there is any change in your Contact Address and other relevant information for the smooth running of your Account(s).

5.6. You agree that in the event Affinity receives any ambiguous or conflicting instructions from you in connection with an Account, Affinity has the absolute discretion and without any liability to act or decline to act on such instructions as Affinity deems fit.

5.7. You agree to be bound by any notification of change in conditions governing the Account directed to your Contact Address. Any such notification shall be considered duly delivered and received at the time it is delivered.

5.8. Any anomaly in the entries on your bank statements will be brought to the attention of Affinity by you within fifteen (15) days of receiving the bank statement. It is agreed that any failure to give such notice will absolve Affinity from all liabilities arising thereon.

COLLECTION OF DATA, PRIVACY AND ELECTRONIC ALERTS

6. Collection and Use of Information

6.1. We are required to provide you with certain information about how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided on our website, https://affinityafrica.com/legal and it is important that you read that information.

6.2. By accepting the Terms, you agree to Affinity collecting personal, financial and credit information from you (“Information”) for financial, legal or regulatory purposes including but not limited to (a) meeting regulatory and legal requirements; (b) establishing, verifying and/or authenticating your identity; (c) protecting you from illegal activity; (d) determining the suitability of products and services to you, and your eligibility for products and services, including determining your qualification for credit.

6.3. You fully authorise Affinity and its affiliates to share all Information (including those obtained from credit reference agencies) relating to you and your Accounts with other financial institutions, credit reporting agencies and other regulatory bodies. You further authorise Affinity, its affiliates, and its contracted agents to use, store, process, share, disclose and transfer (whether within or outside the jurisdiction concerned) all information (including, without limitation, information relating to the debts), relating to you as they shall consider necessary in connection with administering your Account.

6.4. You acknowledge and agree that any such sharing or transfer of information will be on a confidential basis and that Affinity, its affiliates, or other third-party service providers, may disclose Information if required or permitted by any law, rule, or regulation or at the request of any public or regulatory authority or if such disclosure is required for the purposes of preventing fraud.

6.5. This consent does not limit any consent you have given (or may give) to Affinity to process or disclose your personal details. If you are no longer happy for Affinity to use your Information, we will have to close your Account, but we may keep your personal data and use it where we have lawful grounds to do so. Please see our Privacy Policy referred to in clause 6.1 above.

7. SMS, E-Statements, E- Alert

7.1. You are responsible for any information given by means of your passcode. This means that Affinity will not be responsible for any fraudulent, duplicate, or erroneous instruction given to us by means of your passcode.

7.2. Affinity will not be liable for any failure to provide the service or to comply with these Terms for any reason that is beyond our control.

7.3. Affinity may, for any valid reason, alter, suspend, or terminate the service without giving you notice and shall not be liable for doing this.

ACCOUNT SPECIFIC INFORMATION AND TERMS

8. Your account

8.1.1. Affinity Daily account

By opening and maintaining an “Affinity Daily” account, you agree that:

8.1.2. Upgraded Affinity Daily account

By opening and maintaining an upgraded profile, you agree that:

8.1.3. Affinity Growth account

By opening and maintaining an “Affinity Growth” account, you agree that:

8.1.4. Upgraded Affinity Growth account

By opening and maintaining an upgraded profile, you agree that:

8.1.5. Affinity Future account

By opening and maintaining an “Affinity Future” account, you agree that:

8.1.6. Upgraded Affinity Future account

By opening and maintaining an upgraded profile, you agree that:

9. Fees and Charges

9.1. Affinity may charge its usual fees and charges for conducting transactions at the rates established by it from time to time and may debit the Account(s) from time to time for the amount of such fees and charges.

9.3. You may have to pay other costs, taxes or charges related to your Affinity Account, which are outside of Affinity’s control and not charged by us, such as charges from other banks for sending money to your Affinity Account.

10. Right to set off

10.1. You agree that Affinity may exercise a right of set off and use the balance of any Account maintained with Affinity to offset any indebtedness owned by you to Affinity.

10.2. You agree that, in addition to any general lien or similar right to which Affinity may be entitled by law, we reserve the right to consolidate all or any of your accounts without prior notice, and to offset or transfer any funds standing to the credit of any of such accounts or any other credit, be it cash, cheques, valuables, deposits, securities, negotiable instruments or other assets belonging to you towards satisfaction of your liabilities to us or any other account, whether such liabilities be actual or contingent collateral and several or joint.

11. Termination of Agreement

11.1. Affinity may terminate these Terms at any time and for any reason subject to the requirements of the law. If we do this, we will send written notice to your Contact Address.

11.2. If there is no debit or credit on your Account for twenty-four (24) consecutive months, we may close your Account after reasonable notice to you.

11.3. If your Account is not funded after three (3) months of opening it, we may close your Account after reasonable notice to you.

12. Closing your Account

12.1. You may request that your Account is closed at any time by contacting us. Your request may take up to three (3) days to process. If you owe any payment to Affinity, we will not close your Account until the payment is made and we shall deduct such payment from any balance in your Account.

12.2. The termination becomes effective when all outstanding obligations and liabilities are fully settled by you, otherwise we may take appropriate legal action for recovery. Affinity may levy a charge for closing the Account.

13. Intellectual Property Rights

13.1. All contents of the App including but not limited to the texts, graphics, links, and sounds are the copyright of Affinity and may not be copied, downloaded, distributed or published in any way without the prior written consent of Affinity.

13.2. No permission or license is granted to you to use any of Affinity’s trademarks without the prior written consent of Affinity.

13.3. In relation to any information or materials which you submit to Affinity using the App, you hereby grant to Affinity a royalty-free perpetual licence of the copyright and any intellectual property rights in such information or materials for any purpose, including, without limitation, the copying, transaction, distribution, and publication thereof, unless restricted by applicable laws.

14. Limitation of Liability

14.1. We will not be liable for any funds or assets deposited by you which are subsequently found to have been derived from illegal source or activities. You confirm that the funds/assets deposited or to be deposited are not derived from any illegal source or activities.

14.2. We will not be responsible for any of your errors or omissions committed during the course of accessing and utilising our App or online services. We shall not be responsible for any loss or damage arising from the activities of third-parties if you do not keep your Account safe and secure, for example, if you share your PIN code with a third-party or from any loss of damage you may suffer which results from fraudulent act(s) of third parties who have had access to our App through you or otherwise.

14.3. We will not be responsible for any damage which you may suffer as a result of transmission errors, technical faults, virus, malware, internet malfunctions, and interruptions for maintenance (“App Errors”). In the event of App Errors that may cause temporary unavailability of our App, we reserve the right to suspend access to the App and online resources after notifying you .

14.4. Affinity will not be responsible for any loss of funds deposited with it arising from any future government order, law, levy, tax, embargo, moratorium, exchange restriction or any other cause beyond its control.

15. Amendments and Variations

15.1. These Terms will be available in the App and on our website http://www.affinityghana.com. We may update our services and the Terms periodically and we will notify you upon implementing any changes. If you do not agree with the changes, you can let us know and we will close your Account at your request.

16. Jurisdiction and Restriction

16.1. Affinity controls and maintains the App from Ghana. The materials and information contained in these Terms are intended for and restricted to Ghanaian citizens or individuals resident in Ghana or entities established or having a place of business in Ghana. Affinity makes no representation that the materials and information are appropriate or available for use in other locations/jurisdictions.

16.2. These Terms and the operation of an Account are governed by and construed in accordance with the laws of Ghana and any dispute relating thereto shall be subject to the non-exclusive jurisdiction of the courts of Ghana.

17. Mandate to be completed by applicant:

17.1. You confirm that the information you have provided is accurate and verifiable.

17.2. You therefore authorise Affinity to conduct searches or enquiries considered necessary in connection with this App.

17.3. You agree that Affinity will act and deliver services in accordance with the Anti-Money Laundering Act, 2020 (Act 1044) or any statutory modifications thereof.