Terms of Use

TERMS AND CONDITIONS FOR VIZIENT (ETI-OSA) COOPERATIVE MULTIPURPOSE SOCIETY – JUNE 2023

The following Terms and Conditions apply to all services provided by Vizient (Eti-Osa) Cooperative Multipurpose Society (Vizient Coop or the Cooperative), which is accessed by its Member.

In these Terms, we, us or our refers to Vizient Coop and its successors, agents and assigns, while you, your, Participant, Member refers to you and/or any person who is a member of the Cooperative or uses its services.

By accepting these Terms and Conditions, you agree that you have received, read, understood and agree to be bound by the terms contained herein, and subsequent amendments thereto, as well as the laws, rules, and regulations now existing or which may hereafter be enacted, issued or enforced.

These terms and conditions are confidential and should not be construed as an offer or invitation by or on behalf of Vizient (Eti-Osa) Cooperative Multipurpose Society to the public to subscribe to any of its services.

Vizient Coop operates a private multipurpose cooperative called Vizient (Eti-Osa) Cooperative Multipurpose Society.

A participant shall be deemed to have consented to be a member of/enrolled in Vizient (Eti-Osa) Cooperative Multipurpose Society.

A participant shall be deemed to have given consent to the Cooperative to take on capital from members, to invest in products recommended and/or operated by Vizient (Eti-Osa) Cooperative Multipurpose Society, Ploutos App Nigeria and other 3rd parties.

A participant shall be deemed to have contributed funds that have been legally obtained and do not contravene any provision of Nigeria’s Anti-Money Laundering (AML) and Combating of Financial Terrorism (CFT) laws.

MEMBERSHIP

Participation or membership in Vizient (Eti-Osa) Cooperative Multipurpose Society is by joining one of our Investment Pools.

Kindly note that membership or participation does not become valid by signing up on our website. For a person to become a valid member of the cooperative, such a person is expected to invest in one of the available pools of the cooperative.

PARTNERSHIPS

Vizient (Eti-Osa) Cooperative Multipurpose Society reserves the right to facilitate commercially viable partnerships with third-party entities, for the diversification of the cooperative funds.

Consequent to the discussion above, Vizient has facilitated partnerships with entities like ARM Investment Managers, Volition Capital Investments Limited, Opportunik Global Fund to mention a few.

CONFIDENTIALITY

Each potential member or participant by accepting delivery of this document undertakes not to disclose any information contained herein or reproduce the contents of this document in any form in whole or in part without prior consent of Vizient Coop.

If the potential member or participant requires the service of professional advisers, the adviser is also bound by the obligation of confidentiality.

REQUIREMENT OF MEMBERSHIP OR PARTICIPATION

Persons desirous of becoming a member of Vizient (Eti-Osa) Cooperative Multipurpose Society must be a person or company under the laws of the Federal Republic of Nigeria.

Such a person will be investing legitimate funds into one of the pools of the cooperative. No proceeds of fraud shall be invested into the cooperative’s pool.

RESPONSIBILITY OF MEMBERS

You confirm that you have the legal right(s) to be a member, participate or own an account with Vizient Coop.

You represent and agree that all information you provide to us in connection with your membership or participation is and will remain accurate, current and complete; and that you have the right to provide such information to us.

You represent and agree to keep confidential and not disclose any information contained herein or reproduce the contents of this document in any form in whole or in part without the prior consent of Vizient.

You are responsible for maintaining the confidentiality, security, and integrity of your login details.

You shall not infringe upon any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in any software deployed by Vizient Coop or its partners.

You shall not be fraudulent or involved in any illegal activity, including, but not limited to investment of proceeds of funds into any of our Investment pools, procuring wrong data or information about your person, or the impersonation of another person or entity.

You shall not violate any law, statute, ordinance or regulation operating in Nigeria or create any liability for us or our affiliates and representatives.

You are expected to notify us of any change in your name, address, email address, phone number or any other personal details or any other information which ordinarily and reasonably should be notified to us.

You shall indemnify and hold Vizient harmless from all claims, demands, lawsuits, losses, costs, expenses and attorney’s fees Vizient suffers or incurs because or as a result of your violation of these Terms.

RESPONSIBILITY OF VIZIENT COOP

Executives of Vizient Coop shall honestly act in good faith and uphold the highest level of duty of care towards investing member funds.

The funds collected from members shall be used only for the purpose for which it was collected and for no other venture or enterprise.

Vizient Coop shall make and or pay returns on proceeds of investment to its members or participants without any hassle or delay, completely and on time.

In the event that a member or participant incurs any loss as a result of Vizient Coop’s negligence, breach of contract, bad faith, fraud or wilful misconduct, such member or participant shall be reimbursed of their principal.

Vizient Coop shall keep confidential and not disclose personal data or information of its members or participants to any third party or person without prior authorization to do so. However, our obligation of confidentiality is superseded by an order of the Court to disclose such information or when required by law or any government agency in their investigation of any criminal or fraudulent matter.

INVESTMENT

Executives of Ploutos App Nigeria Limited shall have access to the funds in Vizient (Eti-Osa) Cooperative Multipurpose Society only to invest such funds on behalf of members of the cooperative. Such funds shall be used in accordance with the terms contained herein.

It is our expectation that each potential participant would determine the suitability of investment proposals relative to his or her financial position and must have taken into account the risks that are normally attributed, especially in pools where the principal is not guaranteed.

Each participant or member is aware of the investment risks and is solely responsible for his/her investment decisions and tax penalties. The member or participant is also aware that an investment decision should not be determined by marketing materials of a financial instrument but by the information related to a financial instrument or investment service in its entirety.

The participant or member is aware and accepts that the financial instrument’s historical performance is not a guarantee of future developments and that the financial instruments are related to the risk of losing capital or reduction in it, even if this is not explicitly informed or mentioned.

Ploutos App Nigeria Limited and Vizient Coop (the company and cooperative) are platforms that allow participants or members to invest in various investment pools and as such, Vizient Coop is therefore indemnified against any event of loss resulting from the application of pooled funds into any investment enterprise if such investment was done in good faith. Therefore, Vizient Coop shall not be liable in any way to the participant unless such loss results from our negligence, breach of contract, bad faith, fraud or wilful misconduct.

Participants shall be deemed to have consented to the application of all deposits in designated investments either in whole or in part.

It should be noted that no application has been made to the Securities & Exchange Commission (SEC) for clearance.

WITHDRAWAL SCHEDULE

These pools cannot generally be cancelled or repaid before the agreed maturity dates as follows:

Green Pool – Twelve Months

Black Pool – Twelve Months

Red Pool – Twelve Months

Gold – Three Years

Platinum Pool – Five Years

Purple Pool – Variable

If there is any consent to an early withdrawal, it will be a condition of such consent that the amount of any cost or loss suffered by other members because of early withdrawal is deducted from the investment. Such costs and losses may result in a lower rate of return than might be expected or even a negative rate of return.

Vizient has the right to unilaterally amend these terms, and such amendment(s) shall be effective from the next month after the participant has received notification of the amendment in the manner referred to in this term. If a participant does not accept the amendment, such participant has the right to terminate the agreement, in accordance with the standard practice of Vizient Coop before the amendment takes effect.

APPLICABLE LAW AND PROCESS

Except expressly stated, all transactions shall be subject to and construed in accordance with the laws of the Republic of Nigeria. Therefore, all claims and disputes shall be resolved as follows:

All disputes from the implementation of this agreement or related to this agreement shall be resolved through friendly consultation between both Parties.

In case no resolution can be reached within thirty (30) days after a Party requests resolution, the Parties shall thereafter request for and submit any and all disputes arising under this Agreement (Arbitrable Claims) to Arbitration in accordance with the laws of the Federal Republic of Nigeria. The Arbitral Tribunal shall consist of a sole arbitrator who shall determine any dispute submitted to Arbitration. The place of arbitration shall be in Nigeria. The language to be used in the arbitral proceedings shall be English and the award shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitral Claims. The award shall be enforceable in any court of competent jurisdiction and the fees of the arbitrator shall be split between both parties equally. The parties agree that this paragraph shall survive the termination of the Agreement.

Save for the participant, no person who is not a member or participant has any right to enforce any of the terms agreed to by the member or participant.

Any part of the terms and conditions that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

INDEPENDENT DECISION

Each participant shall be deemed to have made their own independent decision to enter into any project or pool and shall not rely on any communication (written or oral) as a recommendation or as investment advice. Participants should be aware that transactions are either:

Principal Protected (where the return is to be calculated in whole or in part by the return on various placements but the original principal is repayable in full and the overall return cannot be negative) – Green Pool and Gold Pool.

Non–Principal Protected (where the amount of principal repayable on maturity and the overall return may be negative) – Black Pool, Red Pool, Platinum Pool and pre-agreed aspects of Purple Pool.

RISK DISCLOSURE

The transactions carry risks not normally associated with alternative ordinary bank deposits and are generally not a substitute without independent risk appraisals.

COPYRIGHT AND INTELLECTUAL PROPERTY

Vizient Coop and Ploutos App names, logos, websites, methodology, ideas and products (Green, Black, Red, Gold, Platinum, Purple, Growth, VEMA, VREAL, VCAF, VBECC) are the intellectual property of Ploutos App Nigeria Limited. The company has given Vizient (Eti-Osa) Cooperative Multipurpose Society the conditional license to use these items as long as Ploutos App Nigeria Limited remains the manager of the Cooperative and participates in the Executive Committee of the Cooperative.

VIZIENT COOP’S RIGHTS

We reserve the right at our sole discretion, to establish or change limits, services, products or features concerning the Cooperative and any related services, temporarily or permanently, including but not limited to (i) the amount or minimum amount for investment (ii) the number of times and the maximum duration for which you may access our services in a given period of time. (iii) the tenure and name for each investment pool. You may reject changes by discontinuing your membership or non-participation in that pool. Your continued use of our Service or participation will constitute your acceptance of, and agreement to such changes.

We may take any precautionary step deemed reasonable for the protection of the integrity of the Cooperative which may include but are not limited to, termination or suspension of your account if we reasonably believe that the monies used by a member is a proceed of fraud, there is a question as to the integrity and identity of a member, and ending, suspending or putting on hold your login session or membership after a determined period of inactivity.

Vizient Coop may refuse to effect an investment or transaction if the investment or transaction exceeds the available funds in your account, or we reasonably determine that refusal to effect the investment is prudent under the circumstance.

Vizient Coop may disclose information about your person, account(s) or transactions or investment involving your account(s) to third parties if: (1) The disclosure is necessary to comply with a governmental agency or court order; (2) You gave us permission to make the disclosure; (3) The disclosure involves a claim by or against us concerning a transaction involving your account. (4) The disclosure otherwise is required or permitted under any laws and/or regulations (5) The disclosure is deemed by the Cooperative as being necessary to be made.

AMENDMENT TO THESE TERMS

We reserve the right to change these Terms and Conditions.

GENERAL TERMS

Non-enforcement or delay in enforcing any right does not prevent the cooperative from subsequently enforcing that right against you. We may record phone calls and other communications between you and us, and use the information for any lawful purpose, at our sole discretion. You authorize us to exercise a right of set-off at any time we deem fit in respect of any account you may maintain with us in whatever currency to settle any payment due to us. Your rights under these terms are personal to you and cannot be assigned. These terms are governed by the Laws of the Federal Republic of Nigeria.

ACKNOWLEDGEMENT

I have read, understood and accepted the terms and conditions.

I acknowledge and accept Vizient (Eti-Osa) Cooperative Multipurpose Society’s and Ploutos App Nigeria Limited’s intellectual property rights.

I have contributed funds that have been legally obtained and that are not in contravention of Nigeria’s Anti-Money Laundering (AML) and Combating of Financial Terrorism (CFT) laws.

I may be asked to submit additional KYC documentation for certain investment opportunities or as may be required.