VELLA TECHNOLOGIES INC dba VELLA FINANCE

Last update: June 14, 2022

Introduction

Vella Technologies Inc. owns the intellectual property rights and materials on the website subject to the license below. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

Right to use our Website

We grant you a non-assignable, non-exclusive and revocable right to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Vella Technologies and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit without any obligation to you.

WARRANTY

VELLA TECHNOLOGIES INC. WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG FREE. HOWEVER, IT IS USED AT YOUR OWN RISK.

WE PROVIDE ALL MATERIALS “AS IS '' WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VELLA TECHNOLOGIES INC. MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERRORS.. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.

LIMITATION OF LIABILITY

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: VELLA TECHNOLOGIES INC WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER VELLA TECHNOLOGIES INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF VELLA TECHNOLOGIES INC’ WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF VELLA’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby indemnify Vella Technologies Inc. and undertake to keep Vella indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you and your partners of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these Terms

Without prejudice to Vella Technologies Inc’s other rights under these Terms, if you breach these Terms in any way, Vella may take such action as Vella deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Cookies

Like many other websites, we use cookies to identify you as a user and to customise and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.

Governing Law

These Terms shall be interpreted and governed in accordance with the Laws of NIgeria and the State of Delaware and you submit to the non-exclusive jurisdiction of the State and Federal Courts located in Delaware USA and NIGERIA for the resolution of any dispute.

General

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms which will always be on Terms Page and will govern our relationship with you. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. Vella’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Use of International Payment

IMPORTANT, PLEASE READ!

Before you initiate an international payment to a foreign partner’s wallet or bank account, make sure you have an existing relationship or backable agreement with such a partner.

When you utilize our international and local payment rails, you expressly give us the permission to make payments and deposits on your behalf Vella Technologies Inc will not be liable for loss of funds, FX discrepancies, and disputes arising for deals and transactions between you and your partners.

As soon as we make payment on your behalf and share transaction reference, we have fulfilled our obligation, we will not be held responsible if you have a misunderstanding with a partner/supplier.

Payment and reversals are treated in originating currencies.

Once a payment has been marked processed, a refund can not be issued by us, unless your receiving partner or merchant platform reverses the funds transferred. Reversals carry charges and transaction fees, deductible from your reversed funds.

Reversals can take a long time to process. Reversal time frame is determined by acquiring and switching partners involved in the transaction.

Vella Technologies Inc will not be liable for Loss of FX in exchange rate resulting from an already processed transaction.

Prohibited Sub-Merchants

Vella Technologies Inc. shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities as may be updated by Vella in its sole discretion from time to time as they are Prohibited by Vella and/or the Card Brand rules:

• Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Brands.
• Any Merchant selling goods or services that represent a violation of any law, statute or regulation.
• Any Merchant selling products that infringe on the intellectual property rights of others, including counterfeit goods or any product or service that infringes on the copyright, trademark or trade secrets of any third party, such as many Cyberlockers.
• Any Merchant accepting a card as payment for a dishonoured check or for an item deemed uncollectible by another merchant.
• Any Merchant that accepts a card at a scrip-dispensing terminal.
• Bestiality.
• Brand or Reputational damaging, potential or otherwise, activities including Child Pornography, Escort Services, Mail Order Brides, Occult.
• Drug Paraphernalia.
• e-Cigarettes.
• Firearms and weapons including Ammunition.
• Internet/Mail Order Pharmacies.
• Investment or “get rich quick” merchants, businesses or programs.
• Marijuana dispensaries and related products or services.
• Multi-Level Marketing Businesses.
• “Negative option” marketing, renewal, or continuity subscription practices; marketing activities involving low-dollar trails, “pay only for shipping,” and/or “free trial” periods after which a credit card is charged periodically and/or a significantly larger amount.
• Pawn Shops.
• Pseudo Pharmaceuticals.
• Psychics and “occult” businesses.
• Quasi-Cash or Stored Value.
• Substances designed to mimic illegal drugs.

User Agreement

Restricted Activities

In connection with your use of our platforms (Website, and mobile apps), in the course of your interactions with Vella, other Vella customers, or third parties, you must not:

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• Infringe Vella’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Act in a manner that is defamatory, trade libelous, threatening or harassing;
• Provide false, inaccurate or misleading information;
• Send or receive what we reasonably believe to be potentially fraudulent funds;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide for us
• Attempt to double dip during the course of a dispute or glitch by receiving or attempting to receive funds from both Vella and Vella users, bank or card issuer for the same transaction;
• Control an account that is linked to another account that has engaged in any of these restricted activities.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Vella, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminating this user agreement, limiting your Vella account (and any linked Balance Account), and/or closing or suspending your Vella account (and any linked Balance Account), immediately and without penalty to us.
• Limiting your access to our websites, software, systems (including any networks and servers used to provide any of the Vella services) operated by us or on our behalf, your Vella account or any of the Vella services, including limiting your ability to pay or send money with any of the payment methods linked to your Vella account, restricting your ability to send money or make withdrawals.
• Holding the balance in your individual or business account, or any money waiting to be claimed through your account may be subject to a hold for up to 90 days. This is to protect the platform against the risk of liability or if you have violated our Acceptable Use Policy. In some cases, the hold may last longer than 90 days if required by Court Orders.
• Refusing to provide the Vella services to you in the future.