This agreement outlines the terms and conditions (the “Terms”, "Terms & Conditions", "Policy") made this day 18th July, 2017 between you
(a “Contributor”, “you”, "your", "their") and SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (the "Cooperative", "we", "us", "our") under which
you voluntarily agree to financially Contribute towards our business objectives as stated hereunder through our website, web and mobile application (the "Platform"), electronic bank transfer, direct bank deposit ("the Bank"), and/or
a third party sales agent ("agent", "affiliate"), which set forth the legally binding terms and conditions for your financial contribution (the “Contribution”)
and use of the services (the “Service”) offered by SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited trading under the name "SUBA Capital" through the Platform and third party services as stated above.
It is important that you read these Terms & Conditions carefully before making financial contributions.
In these Terms, we refer to following terms thus;
"Contributions" are Financial Savings and/or Investment Contributions,
“Contributor” are those who voluntarilly make financial contributions towards our business objectives,
“Prospects” are persons who are not yet financial Contributors but have opted in to receive marketing content and project updates from us,
"Visitors" are persons who visit our platform, farm project sites or offices,
“Users” are persons who are actively using our Platform and our Services
“Officer/Agent/Affilliate” are those who represent us,
“Updates” are the shared information about happenings and progress reports on our projects and business operations,
“Contribution Plan” refers to a Financial Contribution Plan within the time frame from the "Start Date" (typically 1st January or 1st July) and the "End Date" when
the contribution plan gets Matured for Withdrawal as stated in the "Terms of Contribution" below.
"Returns" are the "Accrued Interest" on "Total Contribution" on Savings or Investment Contribution (Collectively "Returns") as computed and displayed in the "Contribution Wallet" on the Platform.
"Withdrawal" refers to when a Contributor initiates a withdrawal on the Platform,
"Withdrawal Window" refers to the time frame between the End Date and thirty (30) calendar days after the "End Date" (typically 1st - 31st January and 1st - 31sy July).
"Liquidation" refers to when a Contributor instructs us to initiate a Withdrawal and liquidate their Contributed funds before the "End Date",
"SUBA Capital" refers to both the Company and the Cooperative.
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited (LN: 0113687) trading under the name "SUBA Capital" is a state-regulated regulated multi-purpose coopertive society limited by shares with the license to carry out microfinance, agricultural, investment and other business activities under the Nigerian Cooperative Act (2004) and The Cooperative Societies Law Cap. 45 of the Bendel State of Nigeria Laws 1976 (applicable in Edo State) as amended from time to time.
The Cooperative is a registered affiliate member of the Asscoiation of Non-Bank Microfinance Institutions (ANMFI) who regualtes microfinance institutions on behalf of the Central Bank of Nigeria (CBN).
SUBA Capital & Farms Limited (the "Company") with RC:1667690 also trading under the name "SUBA Capital" is a private company limited by shares registered with the Corporate Affairs Commission (CAC) under the Company and Allied Matters Act (CAMA) 2004 (as reviewed and amended from time to time).
The company carries on business in trading activities, farming, real estate activities, rental, leasing, business support and development services; general contracts and merchandising.
The Cooperative carries out the core microfinance operations - receipt of contribution deposits and disbursement of withdrawals while the company carries out the business operations - farming, commodity trade and investments on behalf of the Cooperative and its Contributors.
SUBA Capital is an agric-finance institution that offers profitable wealth growth opportunities in Agriculture.
Our services include but not limited to;
1. Financial Service - Savings & Invesment Contributions management,
2. Agricultural Service - Farming, Commodity Trading, & Extension Service (Project Management),
3. Advisory Services - Training, Business Documentation, & Consultancy.
1. Initial Contribution/Signup/Membeship Request:
Upon deposit of your initial Contribution using the afroementioned means of Contribution, you shall be required to complete a Sign-up Form/Membership Request Form digitally or physically. Upon completion of the digital Sign-Up/Membership Request Form, a membership request shall be sent to SUBA Capital for approval and a Contribution Wallet ("Contribution Account") shall be created for you. Where you completed a physical form, a Contribution Wallet shall be created for you by the SUBA Capital's administrative staff.
that all initial and subsequent top up Contributions MUST be made to the designated Contribution Accounts via our website, mobile application or directly to the stated bank accounts for such Financial Contribution to be valid.
2. Contribution Account:
When you are creating a contribution account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any
activities or actions under your password, whether your password is with our Service or a
You agree not to disclose your password to any third party. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trade mark that is subject to any rights of another person or
entity other than you without appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.
3. Contribution Tenor:
The tenor of a Contribution Plan shall be 6 to 12 months as advertised and displayed on the Platform. Please visit: https://www.subacapital.org/plans to confirm the tenor of each contribution plan.
The Returns on total Contribution shall be calculated by an automated Cooperative Banking Software using the compound interest model and remitted electronically to the Contribution wallet of the Contributor on the Platform regularly
depending on the chosen Contribution Plan using the Return percenatge as advertised on the Platform.
5. Contribution Tie-Up:
By making a Financial Contribution with us, you AGREE that your Contribution shall be tied up with us and unavailable for Withdrawal through out the entire tenor of the Contribution Plan and neither the Cooperative nor our representatives can or will refund your Contribution until the successful completion of the Contribution Plan after which the principal Contribution and Returns shall be disbursed to the Contributor upon Withdrawal Request.
At the "End Date" and maturity of a Contribution Plan, the Contributor may initiate a Withdrawal Request within the the Withdrawal Window.
There shall be 2 Withdrawal Windows per annum thus;
1st - 31st January and 1st - 31st July. This is because our farming cycle are in 6 and 12 months intervals.
The Withdrawal disbursement process shall typically take between 3 - 7 business days.
7. Liquidation (Pre-Mature Withdrawal):
A Contributor may be able to liquidate their contributed fund outside the Withdrawal Window in part or in whole before the maturity of the Contribution Plan by sending a "Liquidation Request" via email to email@example.com or completing a physical "Liquidation Request Form".
Liquidation Requests shall be subject to approval by our management upon avaialability of liquid cash at the time of request.
Approval of Liquidation Request shall be at the descretion of our management team.
The liquidation process shall attract a 20% administrative charge on the total amount being Liquidated and the process may take 7 to 30 business days.
Where the process time elaspes, we shall notify the Contributor and give updates of the process.
The Contributor could either cancel the liquidation request or wait for the final approval and disbursement of the liquidated funds.
8. Top Up & Rollover:
A Contributor may Top Up their Contribution Wallet at any time either to save towards an Investment Contribution Plan, a personal and/or business need or increase their investment Contribution.
A Contributor may roll over a their total Contribution into same Contribution Plan or a different Contribution Plan by sending us a "Rollover Request" through certified mail to firstname.lastname@example.org or complete a physical "Rollover Request Form" within the Withdrawal Window.
We may deem a Contribution Plan rolled over if and when the Contributor fails to initiate a Withdrawal Request within the Withdrawal Window.
9. Updates and Notifications:
The Contributor shall receive periodic electronic updates on the status of our business operations by email and get Contribution notifications by SMS and email.
You are expected to review all updates, notifications, and reports from us as they represent a record of information pertaining to your Contribution with us during a contribution tenor.
A Contributor who does not get any updates via email or text should send an email to email@example.com to be added to the update list.
10. Visitation/Site Inspection:
As an Investment Contributor to us, you are entitled to request for a physical visit to our offices, farm project site, and stores.
However, you must provide us with at least 2 to 14 days notice by certified mail (including email) to schedule a visiting/site inspection appointment.
We use the contributed funds to secure farm land, engage farm workers, plant seeds, insure farm workers and farm produce,
complete a full farming cycle, and harvest sale logistics.
Our farming cycles are in 6 to 12 months intervals depeding on the food crop we are producing.
We also use Contributed funds to engage in trade and distributions of agricultural commodities, consumer goods, transport business, real estate and other investment as may be approved by our management team from time to time.
You acknowledge that you do not own in part or in whole any of the businesses, assets, and/or investments that we use the contributed funds for and you acknowledge that you are only entitled to a share of the proceeds as Returns on any Contribution Plan you Contributed towards as agreed.
You acknowledge that you have read and understood the Terms of Contribution until this point and you accept to continue with the use of our Service.
Representations and warranties are statements and promises made by you to us,
which we rely on as being accurate in our dealings with you. You make the following representations
and warranties to us at the time of agreeing to these Terms and every time you use the
Platform or our Services;
1. you are aged 18 years and above;
2. you are of sound mind and have the capacity to enter into agreement with these Terms and Conditions;
3. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
4. you hold a bank account in Nigeria or your country of residence in your own name and will
use this account to transfer money to our account when you Contribute and to receive withdrawals of
Contributions made and Returns earned;
5. you have carefully considered the risks involved with using the Platform, the Services and
choosing a Contribution Plan and also the risks associated with any form of cash contribution or
donation, including but not limited to the possibility of losing all the money you contribute;
6. you will only ever Contribute with your own money unless you are authorised on behalf of a
third party (“Third Party”) and we agree that you may act on behalf of that Third Party.
7. you are not using any illegal funds or attempting to launder money by Contributing with us,
8. if you are registering or accepting these Terms on behalf of a legal entity such as a company,
trust or partnership, and you are legally authorised to do so, we may request evidence of such legal
entitlement (by way of a copy of any document which shows the valid and subsisting authorisation); and that
9. you are not breaching any laws or regulations that are applicable to you or any company, trust or
partnership upon whose instructions you are acting.
1. The website - www.subacapital.org is jointly owned and managed by
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Ltd and SUBA Capital & Farms Limited both trading under the name "SUBA CAPITAL".
2. Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions.
3. These Terms apply to all visitors, users and others who access or use the Service and
all applicable laws and all conditions or policies referenced here (collectively,
the “Terms and Conditions”).
4. By accessing or using the Service either physically or electronically, you agree to be bound by these Terms and Conditions.
5. If you disagree with any part of the Terms then you may not access the Service and we may use any information that we obtained about you in accordance
6. The Platform - Website, Mobile Application and Third Party Platforms is, at all times,
7. Secure access to the Platform is provided by way of your username and password.
These log-in credentials are unique to you and are the primary method of securely identifying
you when delivering our Services to you. It is therefore extremely important that you keep your
username and password secure at all times.
8. If you suspect that your secure access to the Platform has been compromised in any way, it is
your responsibility to contact us.
You confirm that you will only use our Platform for the purposes set out in these Terms.
You confirm that you will not attempt to gain unauthorised access to the secure areas of the
Website or Platform and furthermore you will not attempt to use code or software to manipulate
or automate functions available on the Platform.
Access to the Platform may be restricted at our discretion, particularly during
periods of maintenance and updating.
10. We have the right not to act on your instructions including where we deem that your instruction
was not sufficiently clear, or we could not verify your identity to our satisfaction, or you did
not make the instruction, or we believe that the instruction may be related to an illegal activity.
a. The Service is offered subject to acceptance of all of the Terms and Conditions contained in
these Terms and all other operating rules, policies, and procedures that may be published on
the Platform by us, which are incorporated by reference, including operating rules,
policies, and procedures of third party services providers to the Platform that are referenced herein.
These Terms apply to every user of the Service.
b. In addition, we may subject Contributors to additional terms and conditions when the we adopt additional Services offered through the Platform. Your use of those services is subject to those additional
terms and conditions, which are incorporated into these Terms and Conditions by this reference.
c. We reserve the right, at our sole discretion, to modify or replace these
Terms and Conditions from time to time by posting the updated terms on the Platform. It is your responsibility
to check the Terms and Conditions periodically for changes. If you object to any such changes, your sole
recourse will be to cease using the Platform and the Service.
d. Your continued use of the Platform and the Service
following the posting of any changes to the Terms and Conditions will indicate your acknowledgement of such
changes and agreement to be bound by the Terms and Conditions of such changes.
e. We reserve the right to change, suspend, or discontinue the Service (including,
but not limited to, the availability of any feature, database, or Content) at any time for any
reason without liability.
f. We may also impose limits on certain features and Services or restrict your
access to parts of or the entire Platform without notice or liability.
g. By submitting your information, you grant us the right to provide the information to third parties
for purposes of facilitating the completion of Contributions, Purchases and Payments.
Where we discover that the Platform is being used to launder money or for any suspicious transactions,
we have an obligation to report your activities to the relevant authorities without recourse to you.
Where a Contributor contributes in a currency other than the Nigerian Naira, foreign exchange gain or loss
and fluctuations in currency rates may have an impact on the profit made on such contribution by the Contributor.
All interest on Savings and Return on Investment (ROI) on contribution shall be converted and returned
to Naira based on the Central Bank of Nigeria (CBN) official exchange rate. The Contributor therefore enters
into any transactions in currencies other than the Naira at their sole risk and shall bear all responsibilities
for any gains or loss as a result.
Unexpected changes in currency exchange market conditions may have an impact on the extent of profit the
Contributor would be exposed to such as when there is an upward or downward movement in the relevant rates.
The Contributor understands and is able to assume the risk of loss associated and agrees to be liable for any
resulting deficit this might have on contributions made or profits earned.
The Service and its original content, features and functionality are and will remain our
and other laws of The Federal Republic of Nigeria protect the Service. Our trademarks and
trade dress may not be used in connection with any product or service without our prior
Users and visiotors shall not directly or indirectly:
(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive
any source code or underlying ideas or algorithms of any part of the Service, except to
the extent applicable laws specifically prohibit such restriction;
(ii) modify, translate, or otherwise create derivative works of any part of the Service; or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to us concerning
the Platform or the Services (collectively, “Feedback”), We shall be free to use,
disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole
discretion without any obligations or restrictions of any kind, including intellectual property
rights or licensing obligations.
You understand and agree that our incorporation of your Feedback into any of our products or services does not grant you any
proprietary rights therein.
Our Service may contain links to third-party software, mobile application, web sites or services
that are not owned or controlled by us.
We have no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third-party software,
mobile application, web sites or services.
You further acknowledge and agree that 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 or reliance on any such content, goods or services available
on or through any such software, mobile application, web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any
third-party software, mobile application, web sites or services that you visit.
(i) We may terminate or suspend your account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
(ii) Upon termination, your right to use the Service will immediately cease. If you wish
to terminate your account, you may simply discontinue using the Service.
(iii) Except as otherwise terminated in accordance with the provisions below, these Terms shall
commence on the date you signup to Contribute with us and shall remain valid
and binding for as long as you have an outstanding Contribution with us.
(iv) These Terms may be superseded by any amended Terms and Conditions.
(v) You may terminate these Terms provided that you have no outstanding Contribution with us.
(vi) "Notice of Termination" must be provided in writing to firstname.lastname@example.org
(vii) SUBA Capital may terminate these Terms and Conditions at any time without notice.
(a) Subject to the Terms of Insurance and any insurance claims settled, you agree that we have no obligation to reimburse or indemnify you for any cost, loss or
liability which you incur as a result of the failure of a business and/or investment to
yield according to expectations.
(b) You agree to indemnify and hold us harmless, and all our agents, affilliates or
sub-contractors, against all liabilities, costs, expenses, damages and losses (including
any direct, indirect or consequential losses, loss of contributed funds, loss of Returns, loss of reputation and all
interest penalties and legal and other reasonable professional costs and expenses) suffered
or incurred as a result of:
1. your fraudulent or illegal use of the Platform, the Services or the Platform;
2. your negligence or any default by you of any of these Terms and Conditions;
3. any inaccurate or incomplete information that you have knowingly provided to us;
4. your allowing any other person to access your contribution account either with your permission or as a
result of your failure to keep your username and password private;
5. any service that you have offered, whether with or without our permission, to another
third party using our Platform, or Services;
6. any claim made against you for actual or alleged infringement of our
Intellectual Property Rights or any actual or alleged infringement of a third party’s
Intellectual Property Rights arising out of or in connection with the Services or your use of the Platform.
In no event shall the Cooperative, the Company, the Management, Share Holders, its Directors,
Employees, Partners, Agents, Suppliers, or Affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without limitation,
loss of contributed funds, loss of Returns, data, use, goodwill, or other intangible losses, resulting from;
(i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
We shall not be liable for delays, failure in performance or interruption of service (including withdrawal and liquidation disbursement) which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
1. By filling a sign-up/membership request form digitally or physically, and Finacially Contributing towards our business objectives, you become a nominal member of SUBA Capital Multi-Purpose Coperative Society (MPCS) Limited, and a Finaicial Contributor towards our business activities sharing both risk and profit of our business activities knowing fully the volitile nature of the business and its associated risk.
2. We STRONGLY RECOMMEND that you seek independent advice when considering whether
to Financially Contribute towards our business objectives with your money using any of the
3. We do not provide any financial advice, nor do we make any recommendations to you. All your actions and inactions are voluntary.
4. We solely offers you an opportunity to Contribute towards our business objectives
under the Contribution plans advertised on the Platform on "as is" basis.
5. It is your responsibility to assess whether the Platform, our Services, and SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited is suitable or appropriate for your needs and any decision made to use our Platform and Services is done entirely KNOWING RISK INVOLVED as previous perfromance does not guarantee future results.
6. Please be aware that execution of these Terms and Condnitions does not imply that we have confirmed
that use of the Platform and our Services are suitable or appropriate for you.
We advise you to consider whether Financially Contributing to our business objectives through the
Platform or any of the aforementioned means meets your required risk levels and objectives,
and you should only commit such funds that you are able to financially bear the risk of
losing considering your other financial commitments as previous performance does not guarantee future results.
Your use of the Platform and the Service is at YOUR OWN RISK.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis.
The Service is provided WITHOUT WARRANTIES of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, non-infringement or course of performance.
SUBA Capital Multi-Purpose Cooperative Society (MPCS) Limited, SUBA Capital & Farms Ltd, their subsidiaries, affiliates,
and its licensors do not warrant that;
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components;
d) the Service guarantees your Contributed Funds; or
e) the results of using the Service will meet your requirements.
The Laws of the Federal Republic of Nigeria shall govern this "Agreement" - Terms and Conditions.
Any dispute arising out of the Agreement to these Terms and Conditions, which cannot be settled,
by mutual agreement/negotiation within 6 - 18 months shall be referred to arbitration
by a single arbitrator at Edo State Multi-Door Court House (ESMDC) and governed by the
Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria.
The Parties shall appoint the arbitrator, where Parties are unable to agree on the choice of
an arbitrator, the choice of arbitration shall be referred to “ESMDC”.
The findings of the arbitrator and subsequent award shall be binding on the Parties and may
be enforced through a Nigerian court of law.
Each Party shall bear its cost in connection with the Arbitration.
1. You DECLARE your AGREEMENT to these Terms and Conditions either by registering (signing up) as a Contributor on our Platform or through an agent or by signing a physical copy of these these Terms and Conditions.
relating to us electronically.
4. By Fiancially Contributing with us, you DECLARE that you did do so voluntarily knowing the risks and you have the necessary experience and knowledge to understand the risks involved.
5. You DECLARE and AGREE to be bound by ALL the above stated "Terms and Conditions" and relevant Laws guding the operations of our institution.
Our operating hours shall be;
Mondays - Fridays: 9am and 5pm (WAT)
Operation Schedule on Public Holidays and other adjusted times shall be communicated via electronic updates.
Our official communication channels shall be by;
certified mails to;
SUBA Capital MPCS Ltd
9a, Benin Technical College Road, Ugbowo, Benin City
SUBA Capital & Farms Ltd,
10, Hughes Avenue, Alagomeji, Yaba, Lagos,
Call/WhatsApp: (+234) 9077442326
We reserve the right, in our sole discretion,
to update, review, or change the Terms and Conditions under which our Services and the usage
of the Platform and its third party software is offered.
The most current version of the Terms and Conditions will supersede all
previous versions of these "Terms and Conditions" and all other legal agreements (Verbal and/or Written) entered into in relation to your use of our platform, our Services and your Financial Contributions towards our business objectives.
We encourage you to periodically review these Terms and Conditions to stay
informed of any future updates.
This Terms and Conditions was last updated 1st January 2020