These terms and conditions applies to and will serve as or regulate the provision of your financial services relationship with us at Wesley (“Wesley MFB” or “Bank”), a digital microfinance bank that is licensed by the Central Bank of Nigeria (CBN) to provide financial services. Pending full approval of name change, ‘Wesley” is duly recognised as City Mission Methodist Microfinance bank by the Central Bank of Nigeria.
These Terms and Conditions constitute Wesley’s offerings and set out the terms governing this Agreement.
You also confirm that you have provided us with the accurate and complete information required to create your account and that you have supplied all documentation, photographs and information that allow us to comply with our regulatory obligations.
You should print a copy of this Agreement for your records however, If you do not agree to these terms and conditions, please do not proceed and exit the application immediately. Also, please be informed that we can terminate your relationship with us if we believe that you have violated any of these terms.
The Parties to this Agreement
This Agreement is a contract between you (“You”, “Your”) and Wesley (“Wesley MFB”, “We”, “Us”, “Our”) (each individually a “Party”, and collectively the “Parties”. This Agreement is a legally binding agreement between You and Wesley governing Your non-transferable (unless with Our prior written consent) use of the Wesley App, Wesley website, and any features and products that Wesley may make available to You through the Wesley application or website (collectively, the “Services”). We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to You or without Your consent.
1 To meet our Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) obligations, we may require you to provide any or all the following:
1.1 your full name;
1.2 your date of birth;
1.3 your Bank Verification Number (“BVN”);
1.4 your current residential address;
1.5 your picture;
1.6 copy of a valid Government issued ID (national ID, international passport, permanent voter’s card or driver’s license);
1.7 a copy of recent utility bill, bank statement, affidavit, or another bill, dated within three months of our request, which carries your name and address;
1.8 Any other information or document as we may require for our internal risk assessment.
2. You warrant that all information and documentation provided to us are true, correct, and accurate. You also undertake to notify us of any changes to the information or documentation which you have provided.
3. You hereby agree and authorize Wesley to verify information provided by you against the information held by any third party (including official databases) such as, NIBBS, Payment System Providers or any other information bank available to Wesley.
4. The information that Wesley may verify against the information which you have provided to us include (without limitation): your name, phone number, date of birth, address, age, Identification Number (“ID”) or Passport Number and such other information that will enable Wesley to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”).
5. You hereby consent to Wesley verifying the Personal Information and the Relevant Information and using the Personal Information and the Relevant Information to the extent necessary in Wesley opinion for the provision of the Services.
6. You hereby agree and authorize Wesley to obtain and procure your Personal Information and Relevant Information from relevant sources (private and official databases) and you further agree and consent to the disclosure and provision of such Personal Information by us or our Third-Party Partners.
7. You agree to indemnify and hold Wesley and the Third-Party Partners harmless with respect to any claims, losses, liabilities and expenses (including legal fees and expenses) that may arise as a result of the disclosure and reliance on such Personal Information and/or Relevant Information.
8. Wesley reserves the right to request for further information from you pertaining to your use of the Services at any time. Failure to provide such information within the time required by Wesley may result in Wesley declining to accept your application for an Account or access to the Services.
. You acknowledge and agree that when Wesley or our third-party service providers access and retrieve information from such third-party websites, Wesley and our third-party service providers are acting as your agent, and not the agent of, or on behalf of the third party.
10. You consent to indemnify Wesley against any liability resulting from erroneous transfer.
11. You consent that Wesley can deduct funds from the customer's account when such funds have been established as erroneous or fraudulent in nature.
12. Wesley advises its customers not to give their financial details, such as BVN (Bank Verification Numbers), OTP (One Time Password) and other sensitive financial information to anyone or third party. Wesley will not be liable if such details are compromised.
Applicable country’s law and courts
Except as expressly provided otherwise, this agreement is governed by, and will be construed under the laws of the Federal Republic of Nigeria.
In the event of a dispute, this Agreement shall be subject to the jurisdiction of the courts of the Federal Republic of Nigeria
The Objective of Our Relationship with You
The objective of establishing a relationship with Wesley is to receive special services on offer by Wesley for its customers. Wesley will manage a bank account for the customer, as well as provide additional services like savings, investment products, airtime, bill payment and credit facilities. Some of these services may be offered to you on behalf of our partners.
You can operate and manage your account via our Wesley app and the prerequisite for opening an account is a smartphone, with an active phone number, that meets our minimum technology requirements for operating system (iOS/Android) and supports the latest version of our Wesley app.
Conditions for use of Wesley Account
Accept and agree to these Terms and Conditions;
To use Wesley, you must first open a Wesley Bank Account by registering your details through our Mobile App.
Be a Nigerian citizen (or a legal Nigerian resident) of at least 18 years of age; and by opening a Wesley Account you declare that you are 18 years or older.
Provide all information as may be requested by us, such as your name, BVN, email address, mobile number and such other information as we may request from time to time (collectively, “Customer Information”).
You agree to promptly notify us of changes to your Customer Information by updating your profile on the Wesley App and to notify us at least five business days before any changes to your bank account information, including, but not limited to, the closure of your bank account for any reason.
If we approve your registration, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information accordingly for the following purposes:
(i). For our compliance purposes and to enable us fulfill our commitment to provide the account services to you, you hereby authorize Us to, directly or through a third-party, obtain, verify, and record information and documentation that helps Us verify Your identity and bank account information.
(ii). When you register for the account and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
(a). A copy of your government-issued photo ID, such as a national ID, international passport, permanent voter’s card or driver’s license;
(b). A copy of a utility bill, bank statement, affidavit, or another bill, dated within three months of Our request, with your name and Nigerian street address on it; and
(c). Such other information and documentation that we may require from time to time.
(d). You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by You.
(e). You agree to waive Wesley of all liability in relation to any loss or damage You may incur as a result of your registration and use of the Account.
By opening a Wesley Account, you represent and warrant to us that your opening of a Wesley account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.
By operating a Wesley account, you hereby consent that Wesley may collect, obtain, store and process your personal data that you have provided to us during the onboarding process for the purpose of receiving updates, news, promotional and marketing emails or materials from Wesley
You may only add payment instruments (such as bank accounts, credit or debit cards) to your Wesley Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
Opening an Account
You can open an account with us on the condition that you are at least 18 years old, a Nigerian citizen, meet our technology requirements defined above and have not yet opened an account with us. We do not knowingly engage with people who don’t meet these conditions.
When you choose to open an account, you agree to us using your information to make and receive payments on your behalf through your Wesley account. If you would like us to stop doing this, we would have to close your account.
1 You may access the available funds in your Account at any time. While we make every reasonable attempt to provide the services as described in our marketing and educational materials, we offer the services “as is” and without any warranties.
2. All deposits will be processed in Nigerian local currency i.e., Naira and Kobo
3. Wesley will send you a receipt of all transactions effected from your Wesley Account; this message may be sent via SMS, email, or another available channel.
4. Some transactions may require you to input your pre-configured PIN, you are solely responsible for maintaining the confidentiality of your PIN and login details of your Account. You must protect the secrecy of your PIN and login details and prevent fraudulent use of the same.
5. As required by the CBN, there are daily limits on your Account or Wallet. You can increase or reduce these limits by providing Wesley with the required information as mandated by the CBN.
6. Your Account will be credited with any deposits made into it, and the credit will be available for transactions immediately after they are cleared.
7. We will verify and confirm any record of a deposit into your account. Our records will be taken as correct unless the contrary is proved.
8. You may not withdraw, transfer or make any payments that together exceed any of the per transaction or daily limits defined for your category. Should you attempt to exceed any applicable limits, your transactions will be declined.
Wesley may, acting reasonably and in accordance with regulations set by the Central Bank of Nigeria, vary the limits at any time and any variation will be notified to customers. Where a deposit exceeding the transaction limit for your category is made to your Account, we will notify you to upgrade your Account to the category that applies to such deposit within seven (7) days. In the event that you fail to upgrade your Account to the required category, we reserve the right to place a restriction on your Account until such upgrade to the required category is effected.
9. For the avoidance of doubt, please note that some transaction limits may be further reduced from the approved CBN limits, this may be done based on channels or particular types of transactions as part of our risk control process.
10. You undertake throughout the duration of your use of Wesley to comply with anti-fraud and anti-money laundering regulations applicable in Nigeria. In particular, you undertake to respond diligently to any request from Wesley or a regulatory or judicial authority regarding any suspected fraudulent or money laundering activity on your Account.
12. The proceeds from suspected fraudulent or money laundering transactions shall be kept by Wesley pending an internal decision, or a judicial or administrative decision.
13. In processing your transactions, Wesley shall comply with the Money Laundering Prohibition Act (as amended) 2011.
Making Payments from your account
a. Your Account can be used to make payments such as airtime purchase, bill payments and fund transfers within the Wesley app.
b. For payments to be successful, Your Account must be adequately funded and You will be notified if payments are unsuccessful.
c. You will be sent notification for all payment transactions and evidence of third-party receipt for all payments will be made available to You in the Wesley App.
d. You can make transfers from Your Account to any Nigerian bank. Wesley may reject, decline, fail to authorize, or delay any transaction to or from Your Account or, in the case of a credit to Your Account, delay making the funds available to You where We consider it reasonable to do so and this includes without limitation, the following:
(i). The payment instructions You or the third party have provided are unclear
(ii). Suspected fraud or criminal activity on your Account
(iii). Illegality of the proposed transaction
(iv). A restriction applies to Your Account
(v). In compliance with any applicable laws (including any laws relating to anti-money laundering and terrorist financing)
e. All your transactions are recorded in the transaction history section of your Account. You may access this information after you log in to your Account. We have allocated a reference number to each transaction; you should quote this reference number when communicating with Us about a particular transaction.
f. If We block Your payment, we will let You know by using any of Our communication channels.
g. You hereby agree that We are not liable to You for any loss or damage You suffer as a result of us rejecting, declining, failing to authorize or delaying any transaction to or from Your account or any delay in funds being made available to You.
The transaction fee includes any fees and charges payable for the use of services provided by Wesley.
The transaction fee does not preclude Us from charging a penalty fee and any other costs incurred by us if we have to institute an action in court to recover the loan granted by Us to You including
The transaction fee may be increased or decreased from time to time by Wesley. Any change in the transaction fee will take effect on Your account following a minimum of fifteen (15) days written notice.
1. All payments to be made by you in connection with these Terms and Conditions or any Services provided to you by Wesley may be calculated without regard to any taxes payable by you or in respect of the Services. If any taxes are payable in connection with the payments, you must ensure that you pay such taxes and that you pay to Wesley such additional amounts as will result in Wesley receiving the full amount it would have received had no such taxes been applicable to the payments.
2 You hereby consent and agree that Wesley may withhold amounts in your Account if we are required to do so in accordance with the direction of any tax authority, or Wesley is otherwise required by law or regulation or pursuant to agreements with any tax authority to do so, or if Wesley needs to comply with internal policies or with any applicable order or sanction of a tax authority. You will, however, be notified if such deductions are made.
3. All payments to be made by you under this Agreement shall be made in full without any set off or counterclaim and save insofar as required by the law to the contrary, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Wesley, you shall immediately pay to Wesley such additional amounts as will result in Wesley receiving the full amount it would have received had no such deduction or withholding been required.
Closing an account
You can close your account at any time and at no cost. If you’d like to do this, please get in touch with us. You will, however, remain liable for any obligations related to your account with us. Once the account is closed, you will not be able to access any Wesley services.
We reserve the right to close, suspend, freeze or limit access to your account, if:
1. The information we obtain from you does not comply with regulatory requirements;
2. You do not meet, or are in breach of, the terms and conditions contained herein;
3. You create risk or possible legal exposure to us;
4. We are required to do so by law; or
5. There is a report of, or our investigations reveal that you have engaged in, fraudulent or suspicious activity with your Wesley account.
Please note that the list above is not exhaustive.
Wesley is required to comply with all extant laws in Nigeria, including the rules, regulations, guidelines, circulars and letters issued by the CBN and other regulatory bodies from time to time. You further confirm that your account shall be used solely for legal purposes and shall not be used for illegal or criminal activities, including but not limited to obtaining funds under false pretences or any other fraudulent activity in contravention of extant laws in Nigeria.
We can close your account by giving you a maximum of fourteen (14) days’ notice. we may close your account or stop you using your card and app immediately if:
You breach any provision of this Agreement;
We are requested or directed to do so by any competent court of law, government authority, public agency or law enforcement agency;
We have reason to believe you are in breach of any applicable law or regulation; or
We have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
In case of an unauthorized payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:
1. Where the unauthorized payment arises from your failure to keep the personalized security features of your Wesley Account safe in accordance with section 19, in which case you shall remain liable.
2. if you fail to notify us without undue delay of a loss of your password or any other event that could reasonably be expected to have compromised the security of your Wesley Account after you have gained knowledge of such an event, you shall remain liable for losses incurred up to your notification to us.
3. If the transaction was unauthorized but you have compromised the security of your Wesley Account with intent or gross negligence, or if you fail to dispute and bring the unauthorized or incorrectly executed transaction to our attention within 2 weeks from the date of the transaction, you shall be solely liable for all losses.
4. Without prejudice to the foregoing, you are asked to check the transactions history of your Wesley Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns.
5. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
6. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.
7. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
Limitation of Liability
To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates, be liable to you for:
(a) personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use a Wesley Account, the Services, Our or Your liabilities to third parties arising from any source; or
(b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of You or anyone else in connection with the use of a Wesley Account or the Services, including, but not limited to, damages arising from Your failure to provide Us with accurate information or a third party’s failure to correctly verify such information. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of Us and Our affiliates and suppliers to You for all claims arising out of or related to this Agreement or Your use or inability to use the Services will not exceed the amount of any affected order(s) giving rise to such damages. These limitations will apply even if the above stated remedy fails of its essential purpose.
1. A statement and activity report in respect of your Account will be made available on Request. Requests shall be made via a contact link on the App.
2. The statement on the App shall provide details of your recent transactions in your Account initiated from your Equipment.
3. Your statement will show all transactions carried out from your Account. You must check your statement carefully and notify Wesley as soon as possible, and no later than 48 hours after receipt of your statement, if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.
4. Wesley, may without notice to you, rectify discrepancies, add or alter the entries in your statement to reflect the accurate position of your transactions.
5. Save for a manifest error, a statement issued to you in respect of your Account shall be conclusive evidence of the transactions carried out on your Wesley App for the period covered in the statement.
a. This agreement represents the entire understanding between Wesley and yourself with respect to the subject matter hereof and supersedes any prior agreement. Wesley and yourself acknowledge and agree that the other has not made any representations, warranties or agreements of any kind except as expressly set forth herein.
b. We may amend this agreement from time to time. if we make any changes to this agreement that we deem to be material, we will notify you in advance of such changes via the email address associated with your account. If you do not agree with the changes, do not use the Services.
c. Notwithstanding any other provision in this Agreement, neither Wesley, its affiliates, officers, directors, employees, attorneys or agents shall have any liability with respect to, any claim for any special, indirect, incidental, consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to, a breach of this Agreement.
d. The failure of Wesley to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
e. We may transfer or assign our obligations under this Agreement, and any rights under this Agreement, to a third party without Your consent. You agree that We may appoint third party collections agencies to collect any amounts owing to Us under this Agreement without Your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, cancelled or released by us.
f. You hereby authorize and consent to all lawful access, use or disclosure of Your particulars, data and information in the application by the Us for purposes necessary to provide You with the services.
g. Wesley may at any time vary and revise these Terms and Conditions by updating this document. The most updated version of this document will be available for Your review under the “Wesley™ Terms and Conditions” link that appears on the Wesley website and mobile application.
h. You acknowledge that all intellectual property rights in Wesley belongs to Wesley or its licensors and that rights in the application/website are licensed (not sold or assigned) to You in accordance with this Agreement, and that you have no rights in, or to, the mobile application/website other than the right to use each of them in accordance with the terms of this Agreement. You acknowledge that you have no right to have access to the mobile application in source-code form.
You agree to release, indemnify and hold harmless Us, our affiliates, and our and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to:
(a) Your access to, use of, or inability to use Your Wesley Account or the Services;
(b) Your breach or alleged breach of this Agreement;
(c) Your violation of any rights of a third party, including but not limited to any negligent or wilful misconduct of Your employees, contractors, or agents, or a breach of any contracts or other relationships between You and third parties;
(d) Your violation of any applicable law; or
(e) Your failure to provide and maintain true, accurate, current and complete information in Your Wesley Account. You shall cooperate as fully as reasonably required in the defence of any such claim. Wesley reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You. You agree not to settle any matter without the prior written consent of Wesley. For the avoidance of doubt, this indemnification, defence and hold harmless obligation will survive this Agreement and the termination of Your use of the Services.
Data Protection and Customer Consent
3. When you sign up on the Wesley App you will be required to provide us with your name, email, gender, and birth date, among other information. In some cases, we may ask for additional information for security reasons or to provide specific services to you.
4. You may change your personal identifiable information on Wesley at any time by contacting Customer Service or accessing your account profile on the App. Some of such information will be updated immediately, while others may require further verification before it is updated.
5 When you use Wesley from your device, we may collect information from that device regarding your browser type, location, and IP address, as well as the pages you visit for security purposes.
6. When using our mobile applications, we ask for permission to be granted access to the following features:
Camera: allows you to take a profile picture, scan and capture payment card details to make payments easier and faster.
Photo Library: allows you access to your photos as an optional source for your profile picture. Fingerprint or Facial Recognition: allows you securely log into the application. We will only ask for permission the first time the user attempts to use any of these functions. Thereafter the user may manage access through their settings option on the device.
8. You agree that your information, including your personal information, your telephone conversations with our Customer Services and your transactions may be recorded and stored for record keeping purposes for up to five (5) years from date of closure of your Account.
By tapping the “I agree to the Terms and Conditions”, on the application form, which you hereby adopt as your electronic signature, you understand, consent and agree that:
We can provide materials and other information about your legal rights and duties to you electronically. Your electronic signature on agreements and documents has the same effect as if you signed them using ink on paper or any other physical means. We can send all important communications, billing statements and demand notes and reminders (collectively referred to as “Disclosures”) to you electronically via SMS or to an email address that you provide to us for while setting up this Account. We will alert you when the Disclosures are available, by sending you an electronic communication. Our email will tell you how you can view the Disclosures. We will make the Disclosures available to you from the date it first became available to you, or the date we sent you the email to alert you that it was available. You will be able to print a copy of the Disclosure or download the information for your records. This consent applies to this transaction, to all future Disclosures on this Account, to all future transactions in which you use the Wesley, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below. By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you as we are required to do so. When we send you an email alerting you that the Disclosures are available electronically and make it available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically.
9. We use server firewalls and encryption to keep your Account information safe during transmission and in storage. We also use automated and social measures to enhance security, such as analysing an account behaviour for fraudulent or otherwise anomalous behaviour, may limit use of Wesley features in response to possible signs of abuse, and may suspend or disable accounts for violations of our customer terms and conditions.
Anti Money Laundering and Countering Financing of Terrorism
1 To comply with relevant AML obligations, we may request information on the transactions carried out on your Account such as (a) details of the recipient (b) source of funds being transferred (c) purpose of the transfer or payment being made. You confirm that you will provide all requested information required in respect of the transaction in this regard.
2 You also agree that we may cancel any transaction, suspend your Account or refuse to open an Account in your name if you refuse to provide the requested information or if any information provided is untrue or inaccurate.
3 Please note that for certain transactions, we or our Third-Party Partners may be required to file AML or related reports (without notice to you) with the relevant regulators. These reports may include details of your Personal Information, transactions, investment activity, operation or proposed operation of the investment account or any of our Services.
By opening an account with us, you consent to receiving text (SMS), email and push notifications from us. These notifications are meant for your consumption only and we will not be held liable if you suffer any loss, or damage as a result of unauthorised access to the information sent.
In addition, by opening this account, you agree to opt out of mandatory SMS alerts directed by the CBN in favour of push notifications. You agree to indemnify Wesley against all losses, damages, claims, demands and expenses whatsoever which may be incurred, imposed or suffered by the Bank as well as against all actions, proceedings or claims (including attorney's fees) whether civil or criminal, which may be brought against Wesley by reason of such notifications.
Deposit Insurance Scheme
Funds in your account are covered under the Nigerian Deposit Insurance Scheme subject to the prevailing limits imposed by the Nigerian Insurance Deposit Corporation
By opening this account, you consent to us processing your personal information:
· To provide products and services to you in terms of this agreement and any other products and services for which you may apply;
· To carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing and developing new products and services);
· In countries outside Nigeria where the products or services are being used and where such countries do not have the same data protection laws as applicable in Nigeria, we will, where possible, ask the receiving party to agree to our privacy policies.
Marketing and Promotion
We may also use your personal or other information to share information with you on new products and services that may be of interest to you. By opening an account with us, you consent to us sending you updates about the Wesley product. You can unsubscribe from our newsletter using the link provided for the purpose in each newsletter we send.
By choosing to proceed, you agree that you understand that you are opening an account with Wesley and that all the information you have supplied is for this purpose. You agree to abide by the above listed terms and conditions, which govern our operations. You also agree that the information supplied is true and correct. By opening an account with us, you consent to our carrying out of regular identity and fraud prevention checks.
Finally, you agree to indemnify the bank for any loss suffered as a result of any false information or error in the information you have supplied us.