Credit Officer

Your use of YESS FUND Platform an online platform under the Ghana Chamber of Young Entrepreneur’s umbrella that gives you access to cheap-interest loans without collateral or paper work is subject to the terms set therefore within this document.

YESS FUND can be accessed by qualified users via our website and mobile application. By clicking on the ACCEPT button or checkbox on the website or mobile application, you accept and agree to the terms and conditions provided by YESS Fund. In order to use the YESS Fund service, you must first agree to the Terms and Conditions. You will not be permitted to go any further in the registration process if you do not ACCEPT the Terms and Conditions Provision of this service is by YESS Fund.

YESS FUND is the platform under the Ghana Chamber of Young Entrepreneurs umbrella that encourages its members to embrace a savings culture. It is an Online platform which is user friendly, easily accessible to all kinds of people in the society, offering members easy access to their contributions and funds in terms of credit to engage in their day-to-day business activities.

You understand and agree that YESS FUND is a non-Banking or non-financial institution, and does not represent or warrant that it seeks to or is capable of providing services for banking and allied activities. You need to have an existing account with an institution capable of providing banking services in order to access the services.

You understand and agree that YESS FUND is a no-interest savings platform; hence no interest will be paid on your contributions and your annual membership fee.

You understand and agree that your annual membership fee is a non-refundable fee that grants you membership rights and access to several benefits on the platform.

You understand and agree that your YESS FUND account is automatically funded weekly from your registered bank account provided when signing up into the platform. Your weekly contributions can be paid through debit/credit cards, direct bank transfer, USSD Code or Bank deposit.

You understand and agree that savings is a discipline and you further grant YESS FUND the unequivocal permission to automatically debit your registered bank account to weekly fund your account.

You understand and agree that loan requests are only received and processed from Mondays to Fridays, within the hours of 8am to 5pm.

You understand and agree that your YESS FUND account should be placed in a dormant state should you fail to meet up with four (4) consecutive weekly contributions payments obligations.

You understand and agree that no payment will be made to you from your YESS FUND account before the cash-out date.

You understand and agree that all contributions provided and loans advanced to you are both payable in local currency.

You understand and agree that if you fail to pay back the loan advanced to you on the agreed payback date, your account will be blacklisted.

You understand and agree that when your account is blacklisted, you will lose all the contributions in your YESS FUND account, including your total weekly contributions and annual membership fee and will no longer have access to all the benefits accessible to members.

You understand and agree that cash-out monies and loans will only be paid to your registered bank account which must be consistent with your YESS Fund account.

You understand and agree that YESS FUND only recognizes one registered bank account. However, you may elect to change your registered bank account subject to some verification exercises.

You understand and agree that for your account protection, loan approvals may take longer than 59seconds when there is a reasonable belief of irregular activities on your profile.

You understand and agree that you will only SECOND members you are well acquainted with and who are not of questionable character.

You understand and agree that YESS FUND has no obligation to certify or guarantee the credit worthiness of members of the fund and shall not be liable for failure/inability of its members to meet his/her loan repayment obligations.

You understand and agree that it is not within the purview of YESS FUND to guarantee the moral standing, credibility, character, integrity of contracting members and that you, to the full exclusion of the YESS FUND reserves the sole and indivisible right to determine the worthiness of contracting member and will be solely liable for any consequence, dispute, or event arising therefrom.

You understand and agree that if you offer your SECOND  a member in order to borrow loan from YESS FUND and the member fails to pay back the loan before the cash – out date, you will be unable to cash out your contributions on Cash -Out date and your account will be locked and blacklisted as you are solely responsible for the risk arising from your SECONDER decision.

You understand and agree that when your MCP (MEMBER CONTRIBUTION) is used to obtain a loan for another member, you are precluded from accessing loans, Emergency Travel Cover and Purchase Order Power until the previous loan is fully repaid.

You understand and agree that you can terminate your YESS FUND account at any time. However, the balance on your YESS FUND account will only be paid to you on the cash – out date.

You understand and agree that you are only eligible for Purchase Order Power (POP) when you have consistently contributed on YESS FUND for a period not less than 6 months.

You understand and agree that the value of your Purchase Order Power (POP) is dependent on your total contribution.

You understand and agree that if YESS FUND disables access to your account or login route, you may be prevented from accessing the service, your account details or any file(s) or other content which are contained in your account.

You will not knowingly or negligently transmit any virus or other harmful material(s) to the YESS FUND Website. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor will you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up the Website or any part of it.

You understand and agree that should your bank make a charge back on your account, YESS FUND reserves the right to withdraw the sum so affected from your YESS FUND dashboard.

You understand and agree that all loan advanced should be fully liquidated, with no interest thereon.

You understand and agree that half payment or part payment of loan advanced through the YESS FUND will be disregarded and will not be accounted for.

You understand and agree that while YESS FUND may not currently limit your use of the service in any way, it may do so if your usage hinders the ability of YESS FUND to carry on its operations or the ability of other members to use the service.

The supply of the service will be subject to your weekly contributions at regular intervals. In the event that your access to the service is permanently or temporarily stopped, YESS FUND’s liability shall extend only to making payment of the balance in your account to you on the cash – out day.

YESS FUND shall not be responsible for any loss or damage caused by a modification of the features of services, limitation of use of the service or the discontinuation altogether thereof.

YESS FUND shall not assume any responsibility to determine what, if any, taxes apply to the sale of Merchant’s goods and services and/or the payments the Merchant receives in connection with Merchant’s use of the YESS FUND Service (“Taxes”). It is solely the Merchant’s responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. YESS FUND is not obligated to, nor will YESS FUND determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

You understand and agree that whilst your loan is approved, payments may take a longer time due to delays from the financial institution. You understand and agree that YESS FUND will accept no liability whatsoever for any transaction initiated and/or concluded outside the YESS FUND platform.

You understand and agree that membership fees and weekly contributions are to be exclusively paid directly to the platform through any of the various payment methods provided by the YESS FUND.

YESS FUND does not represent or authorize the employment of third parties for making such payments.

YESS FUND is exculpated from admitting any liability, damages, claims that may arise from same.

You further understand and agree that payments made on the platform could occasion protracted delay and YESS FUND will not be held liable for such occurrences or be responsible for any loss of funds that arises thereon.

You understand and agree to keep YESS FUND indemnified at all times against all modes of actions, claims, proceedings, damages, costs (both before and after judgment) and charges, including solicitors fees which may be maintained against YESS FUND in settling any dispute in connection with the members account, loss of funds, impaired banking operations and operation of the YESS FUND.

You understand and agree that the indemnity aforementioned shall continue to be in force notwithstanding the termination of your account.

In order to access certain services, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the service. You agree that any registration information you provide to YESS FUND will always be accurate, correct and up to date. You are solely responsible and YESS FUND is not in any way liable for the information and data collected in order to process and authenticate a transaction performed.

YESS FUND can share your information with the Government or law enforcement agencies (if officially requested or required by order, notification, statute or court order) and with anyone else, without your consent.

You agree not to access (or attempt to access) the service by any means other than through the interface that is provided by YESS FUND, unless you have been specifically permitted to do so in a separate agreement with YESS FUND.

You agree that you will not engage in any activity that interfere(s) with or disrupts the service (or the servers and networks which are connected to the service).

Unless you have been specifically permitted to do so in a separate agreement with YESS FUND, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the service for any purpose.

You agree that you are solely responsible for (and that YESS FUND has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which YESS FUND may suffer) of any such breach.

You understand and agree to observe and comply with all applicable laws in any relevant jurisdiction in relation to the establishment and operation of member’s account in the YESS FUND and shall indemnify YESS FUND at all times against all modes of actions, claims, proceedings, damages, costs (both before and after judgment) and charges, including solicitors fees which may be maintained against YESS FUND in connection with any failure to observe and/or comply with the provisions of all extant and applicable laws.

You agree by accepting the SAA (SECONDER Advisory Agreement) form, you oblige your account to the intended user for the loan transaction. You are also liable to lose all your weekly contributions and other benefits if the user defaults in repayment of the loan within the loan duration. You cannot hold YESS FUND responsible in this event.

You agree that the YESS FUND gives members a grace period of one (1) month – 4 weeks to catch up with contributions, failure which means the member will lose his/her annual membership fee, but still have access to his/her weekly contributions.

You understand and agree that if a member defaults once, he/she becomes ineligible for the annual Business Support fund.

You understand and agree that a member can access loans on the platform only when he/she becomes a qualified member.

You understand and agree that a member only becomes eligible for a Qualified Membership once he/she completes his/her 21 weeks of contributions on the platform.

You understand and agree that a member only becomes a Bonafide Member when he/she has consistently contributed on the YESS FUND platform for a period not less than six (6) months.

You understand and agree that to obtain a loan on the platform, the MCP’S (Membership Contributor Pin) of other Qualified Members are required. You further understand and agree that the platform automatically calculates the number of MCP’S needed when there is a loan request.

You understand and agree that there are no restriction(s) to the number of times a member can access loans on the platform within the cycle. You further understand and agree that a member is only eligible for another loan when he/she has fully liquidated the previous loan.

You understand and agree that a member can borrow up to 500,000.00 GHS from the YESS FUND Platform depending on the member’s contributions.

You understand and agree that the payback period for the loan advanced is determined by contracting members of the fund and further agree that loans should be paid back before the end of the year to be eligible for cash out.

You understand and agree that the YESS Fund Cycle is the YESS Fund Financial year which is from January to 30th November. It is the period between when you register and the cash out date in December.

You understand and agree that the cash out date signifies the end of a YESS Fund Cycle. The Cash out date is usually a day between the 1st and the 17th of December. All members are paid their contributions directly to their registered wallet.

You understand and agree that a defaulter in the payment of a loan is expelled from the YESS fund community and all the MCP accounts used to access the loan are blacklisted, meaning the defaulter’s SECONDER’s cannot access their contributions and benefits anymore.

Emails and Electronic Devices Security

You understand and agree to ensure the security of your email address and electronic devices; and shall inform the YESS FUND forthwith upon becoming reasonably aware of any circumstances likely to render the continued use of email instructions unsafe.

The YESS FUND shall endeavor to refrain from processing an email instruction upon receiving a notification pursuant to the above clause. Nonetheless, this shall however be without prejudice to the member’s covenants and obligations herein in respect of any transaction processed whether prior or subsequent to the notification.

The YESS FUND retains the sole discretion to process an email instruction, or any part thereof; and shall not be under any obligation to provide reasons for failing to do so.

You are fully aware that email instructions are unsecure means of communication and are therefore susceptible to the risk of omissions, errors, miss-statements, non- receipts, fraud and/or other unauthorized interventions by third parties, all such risks and exposures which the member hereby fully assumes.

The YESS FUND may, but is not obliged to seek telephone confirmation or other form(s) of confirmation of an email instruction or any YESS FUND account instruction; and shall exercise its discretion to proceed or refrain from acting upon such instructions if the YESS FUNDn is unable to obtain satisfactory confirmation thereof, or has reasons to doubt the authenticity of an email or YESS FUND account instruction or the confirmation received in respect thereof.

The YESS FUND has no obligation whatsoever to confirm or verify the identity of the person(s) sending any email instruction or YESS FUND account instructions or the genuineness of any instruction. Any transaction processed pursuant to an email or YESS FUND account instruction shall be binding on the member for all intent and purposes, whether made with or without the member’s authority, knowledge or consent.

The YESS FUND shall be held free and harmless from any responsibility, liability or adverse consequence (whether direct or indirect) about receiving, considering and/or processing the member’s email instruction(s). The member further indemnifies and keeps the YESS FUND fully indemnified against all litigations, actions, claims, loss, damages, costs, and/or expenses which may be brought against the YESS FUND or suffered or incurred by the YESS FUND and which may have arisen either directly or indirectly out of or about the YESS Fund’s receiving, consideration and/or processing the member’s mail instruction(s)

This indemnity shall be a continuing obligation in respect of all matters connected to or arising from the YESS FUND’s receipt of, consideration or processing of the member’s email instruction(s).

Your passwords and account security

You are fully responsible for the security of data on the website or otherwise in your possession.

You agree to assume full responsibility and ensure safe custody of all electronic correspondences and prints issued to/or by YESS FUND in relation to the operation of the fund.

You understand and agree that YESS FUND in exercise of its sole discretion may elect not to honor certain instructions if there exist latent or apparent doubt of the authenticity of the instruction or does not consider it to be sufficiently clear.

You understand, agree and authorize YESS Fund, without the necessity of any other confirmation to honor all electronic transaction and/or account instructions issued on the YESS FUND platform provided such orders are believed to emanate from you.

YESS FUND shall not be responsible for any losses arising out of any loss(es) or theft of your user information or your mobile device or from unauthorized or fraudulent transactions associated with your momo, bank account or your account.

You understand and agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information (defined as “Data”) on the website.

You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable.

You agree and undertake to notify YESS FUND immediately whenever you reasonably have reasons to suspect a third party’s unauthorized use or access to any electronic correspondences and prints issued to/or by YESS FUND.

Content in the service

You understand and agree that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of the service are the sole responsibility of the person from which such content originated from.

You should be aware that the contents presented to you as part of the service, including but not limited to advertisements and promotional material of YESS FUND or its affiliated companies are protected by intellectual property rights which are owned by YESS FUND and/or its affiliated companies, who provide their contents to YESS FUND(or by other persons or companies on their behalf).

You will not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by YESS FUND or by the owners of the corresponding content, in a separate agreement.

Any content being disseminated using YESS Fund’s network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action arising therefrom.

You agree that you are solely responsible for (and that YESS FUND has no responsibility to you or to any third party) any content that you create, transmit or display while using the service or for the consequences of your actions (including any loss or damage which YESS FUND may suffer) by doing so.

You understand that by using the service you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the service at your own risk. YESS FUND shall not be made responsible for any repugnant content circulated on its service platform by other users.

On noticing any such content, it is your duty to bring it to the attention of YESS FUND officials immediately, who will take due care to expunge it from the service.

Exculpation of liability from bank related services

You understand and agree that all cases or concerns touching on bank related services shall exclusively be referred to the related banks for resolution, and not within the purview or responsibilities of the YESS FUND.

You understand and agree that your annual membership fee is solely used to grant access to the benefits of the YESS FUND and no deductions or lien will be charged thereon to settle bank related or third-party transactions cost.

You understand and agree that YESS FUND will not be liable for any third-party fees that may be incurred as a result of using the services whatsoever.

You understand and agree that at the end of the YESS Fund year, all third-party transaction cost, including, but not limited to bank fees will be deducted from your membership account.

Legal, Business and Medical Advisory

You understand and agree that the services rendered herein do not suggest or establish any form of client relationship. You reserve the exclusive right and absolute discretion to seek advice from independent professionals. YESS FUND is fully precluded from entertaining or admitting any liability arising thereof.

Intellectual Property Right, Services Content, Software and Trademarks

You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by YESS FUND, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative work(s) based on the Services or the Services Content, in whole or in part.

In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by YESS FUND from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

Any use of the Services or use of the Services Content other than as specifically authorized herein is strictly prohibited.

The technology and software underlying the Services or distributed in connection therewith are the property of YESS FUND, our affiliates and our partners (the “Software”).

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by YESS FUND.

The YESS FUND name and logos are trademarks and service marks of YESS FUND (collectively the “YESS FUND Trademarks”). Other company, member’s product, and service names and logos used and displayed on the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to YESS FUND. Nothing in these Terms and Conditions or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of YESS FUND Trademarks displayed on the Services or any third party’s trademarks, without obtaining prior written permission in each instance.

Notification of Changes

YESS FUND reserves the rights to add to or terminate any of the services/features on the platform or amend these terms at any time, in its discretion without notifying you. Subject to applicable laws, we may bring to your notice, any updates or changes to existing terms or the addition of new terms by posting an updated version of these terms on the website. Whether or not you accept a revised version of these terms is solely at your discretion. If you do not agree to these terms or any revised version, your sole recourse is to terminate your access or use of the YESS FUND services. Your continuous use of the service after the revised terms clearly constitutes your acceptance of, the revised terms in effect at the time of your access or use.

Additional Terms

In furtherance of your access or continual use of the service, you may be subject to additional terms, rules and conditions that are posted on the YESS FUND website, including but not limited to terms and conditions, which are by reference, incorporated into these terms. In the event of a conflict between any additional terms and the terms and conditions, these terms will supersede.

Assignment

You will not transfer, assign, or delegate these terms or your rights or obligations hereunder or your account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, YESS FUND may transfer, assign, or delegate these terms and our rights and obligations hereunder without your consent.

Severability

It is agreed and understood that if any provision of this terms becomes illegal, invalid, or unenforceable in any respect, the legality, validity and enforceability of the other provisions of this term shall not in any way be affected or impaired.

Third-Party Material

Under no circumstances will YESS FUND be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to) for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

You understand and agree that YESS FUND does not pre-screen content, but that YESS FUND and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Services. Without limiting the foregoing, YESS FUND and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by YESS FUND, in its sole discretion, to be otherwise objectionable. User Content Transmitted Through the Services Regarding the use of personal content such as, photos, videos, image, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.

By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the YESS FUND Services, you hereby unconditionally grant and will grant YESS FUND and its affiliated companies the use of your User Content in connection with the operation of the Services in any form, medium or technology now known or later developed.

Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby undertake not to hold YESS FUND and its contractors and employees culpable in respect of:

I. All claims for invasion of privacy, publicity or libel,

II. any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and

III. any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness.

You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Furthermore, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the operation of YESS FUND  in a manner fully consistent with the licenses, waivers and releases.

You further understand and agree that your participation in the Services and submission of User Content is voluntary and that you will not receive any monetary or financial compensation of any type associated with the licenses, waivers, and releases and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.

We do not guarantee that any Service Content will be made available through the Services.

We reserve the right to, but do not have any obligation to, Remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Use), or for no reason at all and We reserve the right to remove or block any Services Content or User Content from the Services.

You understand and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to YESS FUND are non-confidential and YESS FUND will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.

You understand and agree that YESS FUND may preserve content and may also disclose content if required to do so by law or in the good-faith believing that such preservation or disclosure is reasonably necessary to:

I. Comply with legal process, applicable laws or government requests;

II. Enforce these Terms and Condition;

III. Respond to claims that any content violates the rights of third parties; or

IV. Protect the rights, property, or personal safety of YESS FUND, its users or the public.

REFUND POLICY

Refunds will not be available for any member on the YESS FUND. YESS FUND will neither honour any refund request nor provide any part or full refund from the contributions of members before the CASH-OUT date. All Members will only be paid on CASH-OUT day.

TERMINATING YOUR ACCOUNT WITH YESS FUND

The Terms will continue to apply until terminated by either you or YESS FUND as set out below. It is further agreed that YESS FUND shall terminate the operation of member’s account upon receipt of the member’s instruction. Either the member or YESS FUND may terminate the operation of the account upon receipt of 72hours prior notice. Such notice shall be through the medium of email correspondence. Members seeking termination of account shall send his/her instructions to help@yessfund.org, whilst notice of termination from the YESS FUND will be sent to the member’s registered email address.

YESS FUND may at any time, terminate its legal agreement with you if:

You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or YESS FUND is required to do so by law (for example, where the provision of the service to you is, or becomes unlawful by Law)

When these terms come to an end, all of the legal rights, obligations and liabilities that you and YESS FUND are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

Exclusion of Warranties
You expressly understand and agree that your use of the service is at your sole risk and that the services are provided as is, and as available. In particular, YESS FUND does not represent or warrant to you the following:

I. Your use of the service will meet your requirements,

II. Your use of the service will be uninterrupted, timely, secure or free from error, including specifically from server downtime. YESS FUND does not represent, warrant or guarantee that you will be able to access or use the site at times or location of your choosing, or that YESS FUND will have adequate capacity for the site as a whole or in any geographical location.

III. Any information obtained by you as a result of your use of the service will be accurate or reliable, and

IV. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and YESS FUND will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

V. No advice or information, whether oral or written, obtained by you from YESS FUND or through or from the service shall create any warranty not expressly stated in the terms and conditions nor create any obligation on YESS FUND to pursue or consummate any business or other relationship with you.

VI. YESS FUND further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Limitation of Liability

Subject to overall provision in the stated clause above, you expressly understand and agree that YESS FUND shall not be liable to you for:

i. any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or service, or other intangible loss;

ii. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

A. any changes which YESS FUND may make to the service, or for any permanent or temporary cessation in the provision of the service (or any features within the service);
B. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service;
C. your failure to provide YESS FUND with accurate account information;
D. your failure to keep your password or account details secure and confidential;
E. for any internet disruption, malfunction, strike, dispute or any other (intervening) circumstances adversely affecting the operation and use of the platform which is beyond the control of the YESS FUND.

Other content to which references are made, links are provided, etc.
The service may include hyperlinks to other web sites or content or resources. YESS FUND may have no control over any web sites or resources which are provided by companies or persons other than YESS FUND.

You understand and agree that YESS FUND is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You understand and agree that YESS FUND is not liable for any loss or damage which may be incurred by you as a result of the non-availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from, such web sites or resources.

You understand and agree that YESS FUND reserves the rights and discretion to cause changes governing the transactions and operations on the YESS FUND.

You understand and agree to be bound by any notification of change(s) governing the transactions and operations on the YESS FUND.

General legal terms

Sometimes when you use the service, you may (as a result of, or through your use of the service) use a service or download a piece of software, or purchase goods, which are provided by another person or company.

Your use of these other service, software or goods may be subject to separate terms between you and the company or person concerned.

You understand and agree that the rights and liabilities arising from such agreement are outside the purview of the YESS FUND. You agree that if YESS FUND does not exercise or enforce any legal right or remedy which is contained in the terms and conditions (or which YESS FUND has the benefit of under any applicable law), this will not be taken to be a formal waiver of YESS FUND’s rights and that those rights or remedies will still be available to YESS FUND.

You understand and agree that in addition to any general lien or similar right to which YESS FUND may be entitled by law, YESS FUND may at any time and without prior notice to the member combine or consolidate all or any of the member’s account without liabilities to YESS FUND or any other account or in any other respect whether such liabilities be actual or contingent, primary or collateral, severally or jointly.

If any court of law, having the statutory jurisdiction to decide on this matter rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

You further agree that the terms, and your relationship with YESS FUND under the terms, shall be governed by the enabling laws of Ghana.

You and YESS FUND agree that ALL disputes will be referred to arbitration, with the arbitral panel consisting of three arbitrators, two arbitrators being chosen by each party and a third arbitrator being jointly chosen by the parties all of whom shall have substantial experience in resolving commercial and contract disputes. If parties fail to nominate a third arbitrator within 14 days after the tribunal has been constituted, the Branch Chairman of the Chartered Institute of Arbitrators in Ghana shall appoint for such party. Arbitrator’s awards are as enforceable as any court order. Any award given by the tribunal shall be binding on the parties.

You understand and agree that by submitting to these terms, you have waived your rights to approach the court to seek redress. THIRD-PARTY ENQUIRIES

You understand and authorize YESS FUND without reservations to make third-party enquiries about your person and business now or at any time in the future prior to considering your application for membership or access to enjoying benefits of its credit facilities. This Platform is not intended for children.

DECLARATION I Declare that:
I am 18 years old or over.
I understand and agree with the implications of all the above stated clauses and I undertake to abide by the obligations stated therein.
I unequivocally certify that all funds and sources of such funds provided by me or by anyone or entity connected with me which are domiciled in the YESS FUND platform are legitimate and not directly or indirectly the proceeds of any unlawful activity.