These terms of use (“Terms and Conditions”), together with The Achieve Platform Privacy Policy (“Privacy Policy”), set forth herein shall apply to your access and use of all Achieve Platform Services that are made available through our websites including but not limited to www.theachieveapp.com as well as through the Achieve mobile application(collectively known as the “Site”). 

References to “you” and “your” are references to the person accessing this Application. References to “Spry”, “we”, “us” and “our” are references to Spry Limited Company. 

The Achieve Platform (“Achieve”) is a self-service online digital platform that helps users to easily achieve their financial goals. On Achieve, users can easily find, interact with and subscribe to products of registered financial institutions. Achieve is developed and maintained by Spry Limited Company (“Spry”), a subsidiary of Petra Holdings Limited Company (“Petra”) and is responsible for providing engineering and technology services to the general public. These Terms and Conditions apply only to your use of the Site, and do not apply to your use of any services or products otherwise offered by  other subsidiaries of Petra Holdings Limited Company and third-party entities.. These Terms and Conditions may be updated from time to time. By continuing to use or accessing the Site you agree to these Terms and Conditions, as updated from time to time. 

To use some of the services on the Site, you may need to provide information such as mobile money wallet information or bank account information to Achieve. For more information, see our Privacy Policy. 

1) Registration and Account Security: To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site and (iii) register for and use the services offered by the Site in compliance with any and all applicable laws and regulations. 

1. a) Account Registration: To have access to all the  features of the Site, you shall be required to register for an account. When you register for an account, we shall ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from us for any purpose.

1. b) You Are Responsible for Your Account: You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your password and Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe or suspect that your account is no longer secure, you must immediately notify us.

  

1. c) We will not be liable to indemnify you for acts of fraud caused by your negligence. All action initiated from your account shall be deemed to be authorized by you, and we will not be responsible for damages caused by such action.

2) Alerts, Notifications and Service Communications: By registering for an account, you automatically sign up for various types of alerts via e-mail and mobile notification. We never include your password in these communications, but we may include Registration Information about your account. Anyone with access to your e-mail or mobile device will be able to view these alerts so it is your duty to protect all alerts and communications from us. 

3) Requirements for Certain Services – Your use of the Site constitutes your acknowledgment and acceptance of the following specific requirements for the use of Achieve. 

1. a) 

Collections and Disbursement: Achieve Collections and Disbursements (“Collections” and “Disbursement”) is a service operated and powered by a third-party payment aggregator or bank and allows you to transfer money from one or more of your own bank accounts and/or mobile money wallet to facilitate your use of Third-Party Services. Collections may take some time to be processed and reflected in your Third-Party Service account. You are solely responsible for ensuring there are sufficient funds in your bank account or mobile money wallet at the time of transfer and, if not, you accept responsibility and liability for any insufficient fund fees that your bank may charge as a result of this. 

1. b) Forums: We may offer features on the Site that allow users to share content, comments, and opinions on financial topics with other users in the community forum, as well as other user discussion forum platforms (collectively, the “Forum”). Your use of the Forum is governed by these Terms of Use.
2. i. Forum content are the opinions of independent users not affiliated with us or Achieve. We do not guarantee the accuracy, integrity or quality of the opinions and advice posted on the Forum. Your use of any user content provided in the Forum is at your own risk.
3. We may, but are not required to, monitor Forum content, and we reserve the right to edit, correct or delete any Forum content for any reason at our sole discretion.

iii. You hereby grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any content, information or material you submit or post to the Forum, in any medium now in existence or hereafter developed, for any purpose, including commercial uses. 

1. We may terminate a user’s access or ability to use the Forum, immediately, without notice, and at our sole discretion.

  

4) Third Party Products and Services 

The Site may allow you to access, use or interact with third party websites, apps, content and other products and services through our platform (“Third-Party Services“). Please note that when you access and/or use Third-Party Services, your use thereof will be governed by the third party’s own terms of service and privacy policies. We simply provide access to these Third-Party Services for convenience purposes only and we do not endorse such Third-Party Services and we will not be liable or responsible for any of the services offered to you by such third parties. We make no representations or warranties regarding the Third-Party Services, and you shall use such products, links, websites and the Third-Party Services at your sole risk and agree to disclaim us from all risk or liability which you may suffer in this regard. 

In dealing with Third Parties, you shall note the following: 

1. a) Reliance on advice from Third Parties: Some of the services on the Site may involve advice from third parties and third-party content. You agree that any such advice and content is provided for information, education, and entertainment purposes only, and does not constitute legal, financial, tax planning, medical, or other advice from us. You agree that we are not liable for any advice provided by third parties. You agree that you are responsible for your own financial research and legal and financial decisions, and that we are not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of the Site.
2. b) Sharing Information with Third Parties. To use some of the services on the Site, you may need to provide information such as mobile money wallet information, bank account information, and other sensitive financial information which will be used by third parties. By using the Site, you agree that we may collect, store, and transfer such information on your behalf and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. We have no control and make no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under our control and that we are not responsible for any third party’s use of your information.
3. c) We Do Not Endorse Third Parties. The Site may contain collaborations with third parties. We provide such collaborations as a convenience and do not control or endorse these third-party services. You acknowledge and agree that we have not reviewed the content, advertising, services or other materials that appear on such Third party services, and are not liable or responsible for the legality, accuracy, or appropriateness of any such content. We shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party services.

5) Prohibited Conduct: 

The following conduct shall be deemed as prohibited conduct (The list below shall not be deemed as exhaustive of conduct deemed as prohibited conduct): 

1. a) Use of the Site for any illegal purpose, or in violation of any applicable law;
2. b) Violate or encourage others to violate the rights of third parties, including intellectual property rights;
3. c) Post, upload, or distribute any content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
4. d) Interfere in any way with security-related features of the Site;
5. e) Interfere with the operation or any user’s enjoyment of the Site, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
6. f) Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
7. g) Sell or otherwise transfer the access granted herein.

  

6) Indemnification: You agree that you will be personally responsible for your use of the Site and you agree to defend, indemnify us, and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms and Conditions herein or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. 

  

7) Termination: If you violate these Terms, your permission to use the Site will automatically terminate. In addition, we have the sole discretion to suspend or terminate your user account and/or suspend or terminate some or all your access to the Site at any time, with or without notice to you. You may terminate your account at any time by deleting your account on the Site or by contacting Customer Service through our live chat feature on the Site. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but the 

Site may continue to store such information and content as required by any applicable law, and it may also be stored by third parties to whom it has been transferred to through your use of the services. 

  

8) Service Availability: The Site will be available to users 24 hours per day and 7 days per week, except for scheduled maintenance and upgrades, and excluding API interruptions (the “Service Availability SLA”). Where reasonable, we shall provide at least 24 hours’ advance notice to you on scheduled maintenance and upgrade exceeding 30 minutes. 

1. a) The Site is considered available in the following scenarios:
2. i) The Site can process user sign-up, sign-in, profile editing, password reset and authentication requests.
3. ii) Developers can create, read, write, and delete entries in the database.
4. b) The Service Availability SLA shall not apply to performance issues caused by the following:
5. i) Overall internet congestion, slowdown, or availability;
6. ii) Unavailability of generic internet services (g. DNS Servers) due to virus or hacker attack;

iii) Force majeure events as described in the Terms and Conditions; 

1. iv) Actions or inactions of users (unless undertaken at the express direction of us) or third parties beyond our control;
2. v) A result of user equipment or third-party computer hardware, software, or network infrastructure, not within the sole control of Achieve.

9) Disclaimers of Warranty: Notwithstanding Section 8 above, the services on the Site are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Site seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of, or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies. 

  

10) Limitations of Liability: In no event will we be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Spry has been informed of the possibility of such damage. 

  

11) General Terms: If any provision in these Terms and Conditions is held to be invalid or unenforceable, the remaining unaffected provisions shall remain in full force and effect. The failure of a party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. You may not assign this Terms and Conditions without our prior written consent. Any assignment without our consent shall be deemed null and void. 

We may assign these Terms and Conditions or any rights hereunder without your consent. We will however notify you of this. 

The relationship of the parties under these Terms and Conditions is that of independent contractor relationship and neither party shall construe it to imply that either party is the agent, partner or employee of the other. 

We reserve the right to change this Terms and Conditions by posting a revised Terms and Conditions and we agree that changes cannot be retroactive. We also reserve the right to change or upgrade features of the Site without your consent or approval. If you do not agree with these changes, you must stop using the Site. 

12) Do not Rely on This Site for Your Financial Decision: The contents on this Site is for convenience and information purposes only. You should consult your financial and legal advisors, and independently verify all content provided through this Site before you make decisions. Nothing on this Site constitutes an offer to sell or buy any product. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this Site is not a recommendation or opinion for you to buy or sell any product or participate in any transaction. 

13) Force Majeure: We shall not be considered to be in default in the performance of our duties hereunder if such performance is prevented or delayed by failure to obtain any consent or authorization for any purpose contemplated under the Terms or by war, hostilities, coup d’états or acts of God or any other cause of any kind whatsoever outside our reasonable control as the case may be. 

We shall promptly resume our obligations under the Terms and Conditions after cessation of the events stated above, provided only that it is reasonable to resume its obligations. 

  

14) Dispute Resolution: Any dispute arising out of or in connection with this Terms and Conditions including any question regarding its existence, validity, termination or interpretation that cannot be resolved in good faith by negotiation within 30 days shall be referred to and finally resolved by arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798). 

15) Governing Law: These Terms and Conditions shall be governed by and construed in accordance with laws of Ghana. Any reference to applicable law in these Terms and Conditions shall mean applicable law in Ghana.