The Customer Agreement governs the terms through which Halo will provide services to You through the Halo Invest App and the website haloinvest.ng. The Customer Agreement, consists of this agreement and the electronic Account Application You fill to open an account.
It sets forth the terms and conditions under which HALO NIGERIA CAPITAL MANAGEMENT LIMITED (“HALO”), an SEC Licenced Asset Management Firm, will establish and maintain one or more accounts on behalf of You ( the “Account Holder”) and shall govern the Account Holder's relationship with HALO, including all transactions between HALO and the Account Holder and all products and services now and in the future offered through HALO, beginning on the date the Account is opened. You agree to this Customer Agreement by clicking the consent box, use of the service or other action.
If the Account Holder participates in other services provided by HALO or elects certain account types that require the Account Holder to agree to other specific terms and conditions (including electronically, through electronic signature, clicks, or other actions) or otherwise, such terms and conditions will be deemed an amendment and will be incorporated into and made part of this Customer Agreement.
HALO reserves the right to decline any Account Application, to terminate any Account at any time, and to decline to provide any service, in each case at HALO's sole discretion. As part of the termination process, HALO reserves the right to liquidate the Account Holder's positions upon advanced notice to the Account Holder.
To help the government fight the funding of terrorism and money laundering activities, HALO is required by Applicable Law to obtain, verify, and record information that identifies any person who opens an Account.
Various features of the Account(s) with HALO are offered or processed through service providers, which may be an unaffiliated company or an HALO Entity.
The account holder understands that halo reserves the right to amend, modify, or terminate this customer agreement, including the disclosures, and services provided hereunder, at any time or from time to time in accordance with the terms of this customer agreement and applicable law. The account holder understands that, except as otherwise indicated, any amendment to this customer agreement will be effective as of the designated effective date. The account holder also understands that by continuing to maintain an account, the account holder is accepting the terms of the account agreement as amended and will be legally bound by such amended terms and
The terms set forth below have the following meanings as used in the Customer Agreement.
"Access Means" shall mean any logon, user ID, password, and authentication device by which the Account Holder may access the Account, Account features, or Service.
"Account" shall mean each account at HALO established in the Account Holder's name alone, in the Account Holder's name together with others, or in which the Account Holder has a beneficial interest.
"Account Application" shall mean the online or app electronic forms the Account Holder fills and submits to open an Account with HALO, including all information provided by the Account Holder to HALO in connection with the opening or maintenance of the Account, and any amendments or subsequent applications submitted by the Account Holder to HALO.
"Account Holder" shall mean the person that is specified on the Account Application and in whose name the Account is opened. You must be at least 18 Years of age to be an Account Holder.
"Applicable Law" shall mean all applicable laws, rules, and regulations of the Federal Republic of Nigeria and the Securities and Exchange Commission and the constitution, by-laws, rules, regulations, customs, and uses of the exchange or market and its clearinghouse, if any, where any transaction for an Account is executed; and the applicable rules of any self-regulatory organization such as the Nigerian Stock Exchange.
"ATM" shall mean an automated teller machine.
"Authorized Agent" shall mean any person or entity authorized by the Account Holder to provide instructions to HALO, including without limitation any person authorized by the Account Holder to make investment or trading decisions on behalf of the Account Holder.
"Available Funds" shall mean the sum of any Cash Balance.
"Banking Services" shall mean certain Electronic Funds Transfer (as defined below), ATM, debit card, and related banking services accessible through the Account and provided by a bank or other depository institution.
"Business Day" shall mean Monday through Friday, excluding bank holidays and closings. Although HALO may conduct business on bank holidays, bank holidays are not considered Business Days for purposes relating to the Banking Services.
"Cash Account" or "Cool Cash Account" shall mean an account HALO offers in which the Account Holder makes all purchases for cash settlement, without credit.
"Cash Balance" shall mean any cash balances in the Cash Account. HALO is not a bank or other depository institution. Cash Balances are not bank deposits. The Cash Balance is the sum of the uninvested cash in the Cash Account.
"Data Provider" shall mean the information processors and data consolidators from which HALO receives Market Data.
"Debit Balance" shall mean an Account balance representing amounts owed to HALO.
"Electronic Funds Transfer" shall mean any transfer of funds that the Account Holder initiates or authorizes through an electronic payment system such as Paystack.
"Event of Default" shall mean (i) any default on any Obligations (as defined below) under this Customer Agreement when due; (ii) Account Holder's becoming bankrupt, insolvent, or subject to any bankruptcy, insolvency, or similar proceeding, or where all or substantially all of their assets become subject to a suit, levy, enforcement, or other legal process where a secured party maintains possession of such assets; or (iii) where any representation or warranty made or deemed made under the Customer Agreement proves false or misleading in any material respect when made or deemed made.
"Force Majeure Event""Force Majeure Event" shall mean any act beyond HALO's control, including any earthquake, flood, severe or extraordinary weather conditions, natural disasters or other act of God; fire; acts of war; acts of foreign or domestic terrorism; insurrection, riot, strikes, labor disputes, or similar problems; accident; action of government; government restriction; exchange or market regulation; suspension of trading; communications, system, or power failures; cybersecurity incident; epidemic, pandemic, or disease outbreak; and equipment or software malfunction.
"Losses" shall mean any and all costs, claims, liabilities, losses, judgments, awards, settlements, taxes, penalties, actions, damages, charges, expenses, or fees (including any special, indirect, incidental, punitive, or consequential loss or damage, attorney fees, and costs of collection) of any nature whatsoever.
"Market Data" shall mean all data distributed by HALO regarding bids, offers, and market transactions and all information based on any such data.
"Password" shall mean personally selected confidential password which restricts access to the Account to authorized persons.
"PIN" shall mean personal identification number.
"SEC" shall mean the Nigerian Securities and Exchange Commission.
"Service" shall mean the asset management and other services that HALO may offer from time to time.
General Account Terms
Current and Accurate Information; Account Ownership
The information the Account Holder has provided on the Account Application is current, accurate, truthful, and complete. The Account Holder agrees to notify HALO of any change to the information provided on the Account Application promptly, but in any event within 30 days of such change. The Account Holder agrees to indemnify and hold HALO harmless from and against any and all Losses arising out of or relating to the Account Holder's failure to provide true and accurate information on the Account Application or to update such information. The Account Holder further represents that no one else has an interest in the Account except for the Account Holder.
Fees and Commissions
The Account Holder shall be charged fees or commissions as may be applicable to the Account or any transaction in the Account based on the applicable fee related to the instruments or investment plan services offered to the Account Holder. In addition, the Account Holder agrees to pay all taxes applicable to the Account, any transaction in the Account, or the use of any Service. The Account Holder authorizes HALO to automatically debit the Account for any such fees, commissions, charges, and taxes.
The fees and charges applicable to the Account for the Service are generally set forth in the Plan Description, Product Description or Fee Schedule. The Plan Description, Product Description and Fee Schedule is available on haloinvest.ng or on the Halo Invest App and is incorporated by reference into this Customer Agreement. HALO may, in its sole discretion, modify the Fee Schedule from time to time or at any time, with or without notice. Modifications to the Plan Description, Product Description or Fee Schedule are effective as of the date of publication or the effective date as otherwise indicated by HALO. Continued use of the Account or Service following modification of the Plan Description, Product Description or Fee Schedule will evidence the Account Holder's consent.
All transactions in the Account are subject to Applicable Law. In no event will HALO be obligated to effect any transaction or act on any instruction that it believes would violate Applicable Law. The Account Holder agrees that HALO and the Account Holder are each obligated to comply with Applicable Law. The Account Holder acknowledges that the Service is inherently a Nigerian service, subject to Nigerian laws and regulations. HALO shall have no duty to determine whether the Account Holder is in compliance with Applicable Law, and HALO shall not be liable to the Account Holder as a result of any action or inaction taken by HALO to comply with Applicable Law. If there is a change in any Applicable Law that is inconsistent with any provision herein, the affected provision shall be deemed modified or superseded, as the case may be, by the Applicable Law, and all other provisions of this Customer Agreement shall in all respects continue in full force and effect. The Account Holder acknowledges and agrees that the Account Holder does not have a private right of action with respect to any Applicable Law.
Investment Plans, Products and Types
HALO offers many different investment plans, products and types. Although HALO may provide educational tools about account types, the Account Holder is responsible for selecting the investment plans, products and types that is appropriate for the Account Holder's needs and circumstances.
Traditional Investment Plans
HALO offers various Investment Plans that enable the Account Holder to invest periodically or for set periods to meet their financial goals. Investment Plans are invested in Federal Government of Nigeria bonds and bills and other money market securities (collectively “Money Market Investments”). The yields (interest to be earned) on the Money Market Investments are displayed (net of all fees and expenses) to the Account Holder prior to the Account Holder’s investment.
Halal Investment Plans
HALO offers various Halal Investment Plans that enable the Account Holder to invest periodically or for set periods to meet their financial goals. If the Account Holder selects Halal Investment Plans the investment is made in Halal and sharia compliant investments that do not pay interest but may offer a return consistent with sharia principles.
HALO offers various Investment Products that enable the Account Holder to invest in funds and other securities to meet their financial goals. Investment Products are individually described setting out the investment product and the terms of the investment. Additional information of each Investment Product is set out, including, where appropriate, investment prospectus and other relevant offering documents.
HALO accepts deposits to the Cash Account via transfers and debit cards processed through the Halo Invest App and Haloinvest.ng website. Deposits in the Cash Account are to be used for the purpose of making investments in Investment Products or Investment Plans. HALO also credits the Cash Account for maturity payments, sales proceeds, interest, dividends, and other distributions on investments by the Account Holder. HALO is not a bank or other depository institution. Cash Account balances are not bank deposits. The cash balance is the sum of the uninvested cash in the Cash Account.
Preauthorized/Automatic Deposits and Transfers
The Account Holder may agree to Preauthorized Electronic Funds Transfers to be made to the Account to facilitate and fund investments in Investment Plan(s) or Investment Product(s). The Account Holder agrees that if recurring or other electronic payments are made into the Account, the payments may be applied to the Investment Plan(s) and Investment selected by the Account Holder.
The Account Holder may request that HALO stop a previously authorized transfer to the Account by making appropriate request in the Account Holder’s account settings.
Check-Writing and Debit Card Privileges
By requesting or using debit card privileges offered for eligible account types, the Account Holder authorizes HALO and its partner bank to honour debit card transactions drawn on the Account, with payment for such transactions made by withdrawing cash or redeeming investments from the Account. The Account Holder agrees to pay all fees and charges associated with debit card services and any third-party fees. If the Account Holder decides that they do not want to use their debit card, the Account Holder shall destroy it at once by cutting it in half and notifying HALO in writing.
Debit card privileges are provided and processed through a bank in association with HALO. HALO may change the terms of or terminate the Account Holder's debit card privileges at any time in accordance with this Customer Agreement or Applicable Law, with or without cause and without affecting the Account Holder's outstanding Obligations under this Customer Agreement. When the Account is closed or the Account Holder's debit card privileges are cancelled or terminated, the Account Holder agrees to promptly destroy their debit card. HALO may require the Account Holder to provide proof of destruction of the Account Holder's debit card before releasing funds in the Account. Alternatively, the Account Holder agrees to return their debit card to HALO promptly on HALO's request.
Cooperation in the Event of Loss or Fraud
The Account Holder agrees that, in the event of loss or theft or of any fraudulent occurrence in the Account, the Account Holder will report such loss or fraudulent occurrence promptly to HALO and the police. The Account Holder agrees to provide a copy of any police report to HALO on request. The Account Holder agrees to cooperate fully with the police and with HALO in any investigation of such fraudulent occurrence and will complete any required affidavits promptly, accurately, and thoroughly.
Liability for Unauthorized Electronic Funds Transfers
The Account Holder is responsible for maintaining the secrecy of their Log-in credentials including PINs or passwords. The Account Holder is responsible for informing Halo of any fraudulent activity on their account.
The Account Holder understands that, except as limited by Applicable Law, the Account Holder is liable for all unauthorized transactions made with the Account Holder's Log-In credentials that occur prior to the time the Account Holder notifies HALO that an unauthorized transaction has taken place, or that the Account Holder's password or PIN has been lost or stolen.
Interest Rate Information
Interest paid on Investment Plans are calculated using the interest rates, calculation methodology, and compounding frequency set by HALO, which are subject to change by HALO from time to time without prior notice. The current simple rate at which interest is paid on Cash Balances and on Investment Plans and the corresponding annual percentage yield at which Cash Balances and Investment Plans would earn interest each are as specified on the Halo App or the haloinvest.ng. Generally, interest information is displayed net of all fees. Therefore, displayed interest rates reflect the annualized rate that the Account Holder will actually earn.
The Account Holder may access their Account information at any time through the Halo Invest App or the haloinvest.ng website. The Account Holder may request an Account statement from HALO by making a request to HALO customer service.
Information Made Available Through the Service
The Account Holder agrees to use the Service for lawful purposes, for personal and non-commercial use, and as permitted by this Customer Agreement. The Account Holder agrees that they are permitted to store, display, analyze, post, and print the information made available to the Account Holder through the Service only for the Account Holder's own use. The Account Holder will not transmit through the Halo Invest App or haloinvest.ng website any material that violates or infringes in any way on the rights of others or that would encourage conduct that may give rise to civil or criminal liability. The Account Holder will not modify, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, display, or in any way exploit the Service. The Account Holder will not upload, post, decompile, reverse-engineer, disassemble, modify, copy, distribute, transmit, reproduce, republish, license, display, sell or transfer, or create derivative products from the Service.
The Account Holder will not publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of HALO. The Account Holder will not use, alter, obscure, or remove any copyright, trademark, or any other notices that are provided to the Account Holder in connection with the information. The Account Holder represents and warrants that: (i) the Account Holder will not use the Service in contravention of this Customer Agreement, (ii) the Account Holder will use the Service only for the benefit of the Account and not on behalf of any other person, and (iii) with the exception of applications specifically approved by HALO, the Account Holder agrees to not use (or allow another person to use) any software, program, application, or other device, directly or indirectly, to access or obtain information through the Service or to automate the process of accessing or obtaining such information.
Power of Attorney
The Account Holder agrees and hereby irrevocably appoints HALO, with full power as the Account Holder's true and lawful attorney-in-fact, to the full extent permitted by Applicable Law, for the purpose of carrying out the provisions of this Customer Agreement and taking any action and executing any instrument that HALO deems necessary or advisable to accomplish the purposes of this Customer Agreement.
Compliance with Laws
The Account Holder agrees to comply with Applicable Law. The Account Holder may not use their Account or the Service for illegal activity. The Account Holder agrees to indemnify, defend, and hold HALO harmless from every action, proceeding, claim, loss, cost, and expense (including attorney fees) suffered or incurred by HALO due to any government entity's seizing, freezing, or otherwise causing HALO to assert control over any Account or funds in an Account of the Account Holder when purportedly caused by or arising out of the Account Holder's action or inaction.
Modification of Customer Agreement or Service
HALO may amend or terminate this Customer Agreement at any time subject to Applicable Law. Any amendment to or modification of this Customer Agreement will be posted to haloinvest.ng when made and will be effective as of the effective date noted therein.
Severability, Waiver, and Effectiveness
If any provision of this Customer Agreement is held to be invalid, void, or unenforceable by reason of any law, rule, administrative order, or judicial decision, that determination will not affect the validity of the remaining provisions of this Customer Agreement. No provision of this Customer Agreement can be, nor will it be deemed to be, waived, altered, modified, or amended.
Consent to Electronic Approval and Electronic Delivery