Introduction
1.1 Parties and Scope. These Cardholder Terms of Service ("Agreement" or "Terms") constitute a legally binding agreement between you ("Cardholder," "you," or "your") and Tiva Finance Services Ltd., a company registered in Nigeria under registration number RC 8542671, with its registered office at P10 Henry Ojogho Crescent, Lekki, Lagos, Nigeria (collectively, "Tiva," "Company," "we," "us," or "our"), governing your access to and use of the Client website at www.tivafinance.com (the "Site"), application cards.tivafinance.com (the "App"), and all services provided or facilitated thereby (collectively, the "Platform" or "Services").
1.2 Acceptance. By creating an account ("Account"), accessing the Platform, clicking "I Accept," checking any acceptance box, or otherwise manifesting assent, you: (a) acknowledge that you have read, understood, and agree to be bound by this Agreement; (b) represent that you have the legal capacity and authority to enter into this Agreement; (c) acknowledge that certain financial services accessed through the Platform rely on financial services infrastructure provided by BUYEASY TECHNOLOGY CO., LTD, our sole Infrastructure Partner, as described in Section 2; and (d) agree to the fees and the applicable tariff set out in Section 6. If you do not agree to these Terms, you must immediately cease all access to and use of the Platform.
1.3 Eligibility. You may use the Platform only if you: (a) are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (b) have full legal capacity to enter into binding contracts; (c) are not prohibited from using the Platform under any applicable law, regulation, or order; (d) are not located in, organized under the laws of, or a resident of any jurisdiction subject to comprehensive economic sanctions; and (e) have not previously been suspended or removed from the Platform.
1.4 Entity Accounts. If you are opening an Account on behalf of a corporation, limited liability company, partnership, trust, or other legal entity, you represent and warrant that: (a) you are a duly authorized representative with full authority to bind the entity to this Agreement; (b) the entity is duly organized, validly existing, and in good standing under applicable law; (c) all information provided about the entity is accurate, current, and complete; and (d) you will maintain such authority throughout the term of this Agreement.
1.5 DISPUTE RESOLUTION NOTICE. THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES ARE RESOLVED, INCLUDING SECTION 17 REGARDING GOVERNING LAW, JURISDICTION, AND (WHERE APPLICABLE) ARBITRATION. PLEASE READ SECTION 17 CAREFULLY.
1.6 Platform Operator (Client). Tiva Finance Services Ltd. operates the Tiva Platform as the Client and your primary contracting party under this Agreement. References to "we," "us," or "our" in this Agreement mean Tiva Finance Services Ltd. operating the Platform, except where the context clearly refers to the Infrastructure Partner or Technology Provider as described in Section 2.
1.7 Third-Party Beneficiary. BUYEASY TECHNOLOGY CO., LTD is an intended third-party beneficiary of this Agreement with respect to your compliance with use restrictions, prohibited activities, and obligations that protect the integrity of the financial services infrastructure accessed through the Platform. BUYEASY may enforce such provisions directly against you to the fullest extent permitted by applicable law.