About these Terms
These Terms of Use (“Terms”) govern your access to and use of the website, online pages, forms and related digital services operated by Claybarn Fronteira Limited (“Claybarn”, “we”, “us” or “our”).
Claybarn is a company incorporated in Nigeria and licensed to carry on money-lending business in the Federal Capital Territory (“FCT”). Our corporate and licensing details should be displayed in the Regulatory Information or Contact section of our website.
By accessing or using our website, you agree to these Terms. If you do not agree with them, you should not use the website. These Terms do not replace the terms of any loan agreement or other contract that you enter into with Claybarn.
Important distinction: website Terms and loan agreements
Information on this website is general information about Claybarn and its services. Visiting the website, completing an enquiry, submitting a loan application or providing information for an assessment does not by itself create a loan agreement, guarantee approval or oblige Claybarn to lend.
If we approve a loan, the loan will be governed by a separate loan agreement and any product-specific disclosure provided to you. That documentation will set out the principal amount, interest, fees and charges, repayment schedule, default provisions and other terms that apply to that particular loan.
If there is a conflict between these website Terms and an executed loan agreement in relation to a loan, the loan agreement will govern that loan, subject to applicable law.
Eligibility and legal capacity
You may use this website only if you have the legal capacity to do so. Where you apply for a consumer loan, you must satisfy the eligibility criteria applicable to the relevant product.
You must not submit an application in another person’s name, impersonate another person, use false identity information or apply on behalf of an undisclosed third party.
Loan applications
Where our website allows you to apply for a loan, you are responsible for ensuring that the information and documents you provide are complete, accurate, genuine and current.
Submission of an application is a request for Claybarn to assess your eligibility. We may approve or decline an application, request additional information, or offer an amount or terms different from those initially requested, subject to applicable law and our lending criteria.
No loan is binding until the applicable contractual steps have been completed and Claybarn has communicated approval in the manner required for the relevant product.
Credit, affordability and verification checks
Before granting or administering a loan, Claybarn may carry out checks that are reasonably required for responsible lending, fraud prevention, identity verification, credit assessment and compliance.
Depending on the product and circumstances, these checks may include:
- verifying your identity, address, employment, business or income information;
- assessing information about your income, existing financial commitments and ability to repay;
- obtaining or verifying information from credit bureaux or other lawful information sources where permitted;
- checking bank, payment or transaction information that you provide or lawfully authorise us to access;
- conducting Know Your Customer (KYC), Customer Due Diligence (CDD), sanctions and Politically Exposed Person (PEP) checks; and
- requesting additional documents or explanations where information is incomplete, inconsistent or requires clarification.
A credit assessment does not guarantee that a loan will be approved.
Interest, fees, charges and repayment information
The interest rate, fees, charges, repayment dates and other financial terms applicable to a loan will be disclosed in the relevant loan documentation before you become bound by that loan, as required by applicable law.
You should review the loan documentation carefully and make sure you understand the total amount you are expected to repay, the repayment schedule, any applicable default or late-payment charges, and any other material cost before accepting a loan.
General examples, calculators, illustrations or promotional figures displayed on the website are indicative only unless expressly stated otherwise. The terms in your approved loan documentation will apply to your loan.
Repayment
You must make repayments in accordance with your loan agreement. The available repayment methods will be communicated to you through the website, loan agreement or another authorised Claybarn channel.
Where you provide a payment mandate or other repayment authority, its use will be subject to the terms of that authority and applicable law. You should ensure that sufficient funds are available when a repayment is due.
Any right to early repayment, and the financial effect of early repayment, will be governed by the applicable loan agreement and law.
Late payment and default
If you fail to make a payment when due, the consequences will be those stated in your loan agreement, subject to applicable law. These may include applicable default charges, collection activity, credit reporting where lawfully permitted, enforcement of contractual rights or other lawful recovery action.
Claybarn will not rely on these Terms to impose a fee, charge or default consequence that was not properly disclosed in the applicable loan documentation or otherwise permitted by law.
Fair debt collection and recovery
Claybarn is committed to lawful and responsible debt recovery. We do not authorise harassment, intimidation, threats, public shaming, defamatory communications or improper disclosure of a customer’s debt to unrelated third parties.
We may contact you through lawful channels to remind you of overdue payments, discuss repayment arrangements or exercise rights under a loan agreement. We may also engage appropriately authorised service providers or pursue lawful recovery and enforcement processes where necessary.
Our more detailed approach is set out in our Fair Debt Collection and Recovery Policy, where published.
AML/CFT/CPF, sanctions and financial-crime controls
Claybarn maintains controls designed to prevent its services from being used for money laundering, terrorism financing, proliferation financing, sanctions evasion, fraud or other unlawful activity.
We may request information or documents for KYC/CDD purposes, identify beneficial owners and authorised persons, conduct PEP and sanctions checks, review unusual transactions or repayments, and request source-of-funds or source-of-wealth information where appropriate.
Where required by law, we may make reports or disclosures to SCUML, the Nigerian Financial Intelligence Unit (NFIU), law-enforcement agencies or other competent authorities. We may be legally prohibited from telling you that a report has been made.
Our public AML/CFT/CPF Policy provides further information about our approach.
Your responsibilities
When using our website or dealing with Claybarn, you agree to:
- provide complete, accurate and current information;
- provide genuine documents and not alter, forge or misuse documents;
- keep your contact and relevant customer information reasonably up to date;
- use any loan only for lawful purposes;
- not use our website, application process or services to commit fraud or another offence;
- not attempt to avoid KYC, sanctions, monitoring or reporting requirements;
- not interfere with the security or operation of our website; and
- comply with the terms of any separate agreement you enter into with Claybarn.
Privacy and personal data
Claybarn processes personal data in accordance with applicable Nigerian data-protection law, including the Nigeria Data Protection Act 2023.
Our Privacy Notice explains the categories of personal data we collect, why we use it, the lawful bases on which we rely, the persons with whom it may be shared, how long it may be retained, applicable international transfers, and the rights available to data subjects.
These Terms should be read together with our Privacy Notice
Where consent is legally required for a particular use of personal data, we will seek it in the manner required by applicable law.
Electronic communications
You agree that Claybarn may communicate with you electronically in connection with your use of the website, an application, a loan or another service, using contact details that you provide. Communications may include application updates, verification requests, contractual notices, repayment information, security messages and other service communications.
Marketing communications will be handled in accordance with applicable law and our Privacy Notice. Where you have a legal right to opt out of marketing, service and contractual communications that remain necessary for an active relationship may still be sent.
Website security and account information
If the website provides an account, portal or other secure area, you are responsible for keeping your login credentials, one-time passwords and other authentication information confidential.
You must notify Claybarn promptly through an official contact channel if you believe your account, identity information or credentials have been compromised. We may take reasonable security measures, including temporarily restricting access, while an issue is investigated.
Acceptable use
You must not use the website in a way that is unlawful, fraudulent, harmful or disruptive. In particular, you must not:
- attempt to gain unauthorised access to the website, systems, accounts or data;
- introduce malware, malicious code or harmful material;
- scrape, copy or extract website content or data through unauthorised automated means;
- misrepresent your identity or authority;
- interfere with website availability, security or performance; or
- use the website in a way that infringes the rights of Claybarn or another person.
Intellectual property
Unless otherwise stated, the website and its content, including text, graphics, branding, logos, designs, software and other materials, are owned by or licensed to Claybarn and are protected by applicable intellectual-property laws.
You may view and use the website for lawful personal or business purposes connected with considering or using Claybarn’s services. You may not reproduce, modify, distribute, sell, license or commercially exploit our content without permission, except where the law permits.
Third-party services and links
Our website may contain links to third-party websites or may use third-party services, including payment, identity-verification, communications, credit-reference or technology providers.
A link to a third-party website does not necessarily mean that Claybarn controls or endorses all content on that website. Third-party services may be governed by their own terms and privacy notices. Nothing in this section limits Claybarn’s responsibility where applicable law makes us responsible for the conduct of a service provider or partner.
Website availability and information
We take reasonable steps to maintain the website and keep material information current, but we do not guarantee that the website will always be available, uninterrupted or free from technical errors.
We may suspend or restrict access where reasonably necessary for maintenance, security, legal compliance or protection of our systems and users.
Nothing in these Terms excludes any right, remedy, guarantee or liability that cannot lawfully be excluded or restricted under applicable Nigerian law.
Limitation of liability
To the extent permitted by applicable law, Claybarn will not be responsible for loss caused solely by circumstances outside our reasonable control, unauthorised misuse of the website by a user, or a user’s failure to protect account credentials or follow reasonable security instructions.
Any limitation or exclusion in these Terms is subject to applicable consumer-protection law. Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising from fraud or another liability that cannot legally be excluded.
Suspension or termination of website access
We may suspend, restrict or terminate access to the website or a digital account where reasonably necessary because of suspected fraud, security concerns, unlawful use, material breach of these Terms, legal or regulatory requirements, or protection of Claybarn, customers or third parties.
Suspension or termination of website access does not by itself cancel an existing loan or alter obligations under a loan agreement. Any termination, acceleration or enforcement of a loan must be based on the applicable loan agreement and law.
Complaints and consumer redress
If you are dissatisfied with our service, you may submit a complaint using the contact details published on our website. Please provide enough information for us to identify the matter and investigate it.
Claybarn will maintain a complaints process appropriate to its lending activities. Where a complaint is not resolved, you may have the right to refer the matter to an appropriate regulator, consumer-protection authority or court, subject to applicable law.
Our Complaints Handling Policy, where published, provides further information.
Changes to these Terms
We may update these Terms to reflect changes in law, regulation, our website, security requirements or our services. The current version will be published on the website with its effective or last-updated date.
A change to these website Terms does not, by itself, retrospectively change the financial or contractual terms of an existing loan. Changes to an existing loan relationship will be made only in accordance with the loan agreement and applicable law.
Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Nigeria.
Any dispute relating to these Terms or use of the website will be handled in accordance with applicable Nigerian law and any valid dispute-resolution provisions that apply. Nothing in these Terms prevents a consumer from exercising a statutory right to complain to a competent authority or seek a remedy that cannot lawfully be restricted.
Regulatory context for digital or non-traditional lending
Where Claybarn provides, facilitates or administers consumer lending through digital, electronic, online or other non-traditional channels within the scope of applicable FCCPC requirements, Claybarn will comply with the consumer-lending requirements that apply to those activities.
This includes applicable requirements concerning transparency of loan terms, responsible lending, consumer data, complaints and redress, recovery practices and regulatory registration or reporting. Product-specific disclosures and the applicable loan agreement will provide the financial terms for each loan.
Contact us
Questions about these Terms may be directed to:
Claybarn Fronteira Limited
Registered/business address: 8 Lake Chad Crescent, Maitama, Abuja
Email: experience@claybarn.ng
Privacy enquiries: dpo@claybarn.ng
Complaints: compliance@claybarn.ng
Compliance enquiries: compliance@claybarn.ng