- THE AGREEMENT
1.1 This agreement sets out the complete terms and conditions (hereinafter called “Terms and Conditions”) which shall be applicable to the Ngao Credit Limited (hereinafter referred to as NCL) mobile lending platform.
1.2 These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
2.1 In these Terms and Conditions, the following words and expressions bear the following meanings:
2.1.1 NCL means Ngao Credit Limited;
2.1.2 Borrower means the person at whose request NCL will advance a loan facility;
2.1.3 An Agent is an independent party who refers a Borrower to NCL through marketing activities by obtaining the borrowers consent, and upon a successful application there shall be a commission on the value of the sale.
2.1.4 Call Centre means NCL’s call center;
2.1.5 Equipment includes your mobile phone handset and/ or other equipment which when used together enables you to access the online lending platform;
2.1.6 Products means the various loan facilities offered by NCL;
2.1.7 Request means a request and/or instruction received by NCL from you or purportedly from you through the system and upon which request NCL is authorized to act;
2.1.8 Services shall include any form of financial services or products that NCL may offer you pursuant to this Agreement and as you may from time to time subscribe to and “service” shall be construed accordingly.
11.1.1 Security agreement constitutes the legal, valid, binding and enforceable obligations of the borrower and will continue to be an effective security overall and every part of the secured asset;
11.1.2 Security secured asset is the asset over which the loan facility is secured; Logbook(s) & Shares
2.1.9 SMS means a short message service consisting of a text message transmitted from one mobile to another;
2.1.10 System means NCL’s electronic lending platform and communications software enabling the borrower to communicate with NCL for the purposes of these services;
2.1.11 +We, our and us means NCL and includes the successors and assigns of the NCL;
2.1.12 You and your means the borrower and includes the personal representatives of the Borrower;
2.1.13 USSD T&C’s means these USSD Terms and Conditions.
2.1.14 The word borrower shall include both the masculine and the feminine gender as well as the juristic persons;
2.1.15 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
2.1.16 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.
- This agreement sets out the complete terms and conditions (hereinafter called “Terms and Conditions”) which shall be applicable to the Ngao Credit Limited (hereinafter referred to as NCL) mobile lending platform. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.
3.1 Before applying to NCL’s products on our system, you should first carefully read and understand these Terms and Conditions which will govern the use and operation of our system and the products and services accessible thereof;
3.2 Thereafter, you will be required to register on our system.
3.3 By proceeding with registration, you are agreeing that you have accepted our Terms and Conditions on our official website.
3.3.1 Furthermore, you will be deemed to have read, understood and accepted these Terms and Conditions by following through all the prompts and completing a request transaction;
3.4 By accessing our system and completing a request, you agree to comply with and be bound by these Terms and Conditions and you affirm that these Terms and Conditions herein are without prejudice to any right that NCL may have with respect to the services or products offered in Law or otherwise.
3.5 The Borrower acknowledges that he or she fully understands the provisions of this Agreement and has entered into it voluntarily for his or her own benefit.
3.6 By accepting these Terms and Conditions, you authorize NCL to access your credit history from a registered Credit Reference Bureau.
3.7 These Terms and Conditions may be amended or varied by NCL from time to time and the completion of requests and continued use of this service constitutes your agreement to be bound by the terms of any such amendment or variation.
4.1 Our system requires that you register by creating an account with us to be able to access our various products.
4.2 You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all other activities that occur on your equipment.
4.3 By signing up or otherwise using our system, you have read and understood our Terms and Conditions of registration on our official website and agree to be bound by these Terms and Conditions;
4.4 You hereby agree and authorize NCL to obtain and procure your personal information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such personal information by the Government of Kenya to NCL or any other Platform.
4.5 You hereby authorize NCL to access any information available to assess your request, and also gives NCL permission to register details of your conduct of your loan account with any Credit Reference Bureau, and you waive any claim you may have against NCL in respect of such disclosure.
4.6 NCL reserves the right to request for further information from you pertaining to your application for NCL services or products. Failure to provide such information within the time required by NCL may result in NCL declining to your request for a loan facility.
4.7 If you do not accept all of these Terms and Conditions of Registration, then you should not proceed with the registration.
4.8 Upon successful registration, you are advised to read and familiarize yourself with the terms and conditions of each product as you shall be bound by the said terms and conditions of each product.
FEES, CHARGES AND TAXES
- 5.1 You hereby agree to pay all fees, commissions, costs and other charges payable in connection with your use of our system and/or incurred by NCL in obtaining or attempting to obtain settlement of any loan advanced herein including but not limited to the following:
5.1.1 Legal charges which may include advocate and client charges, costs and expenses incurred in any legal, arbitration or other proceedings arising out of or connected with your loan account;
5.1.2 Commissions at such rates as NCL may determine from time to time;
5.2 All payments to be made by you in connection with these Terms and Conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay NCL an additional amount equal to the payment multiplied by the appropriate rate of tax.
BORROWER’S EQUIPMENT AND BORROWER’S RESPONSIBILITIES
- 6.1 You shall at your own expense provide and maintain in safe and efficient operating order your equipment for the purpose of accessing our system.
6.2 You shall be responsible for ensuring the proper performance of your equipment. NCL shall nei-ther be responsible for any errors or failures caused by any malfunction of your equipment, and nor shall NCL be responsible for any computer virus or related problems that may be associated with the use of our system.
6.3 You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any information and/or document provided by NCL concerning the use of our system.
6.4 You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your equipment. You shall ensure that your equipment does not come into the possession of an unauthorized person. NCL shall not be liable for any loss occasioned by any Third Party who comes into contact with your equipment.
6.5 You shall immediately inform NCL through our Call Centre at 0709650 000 in the event that you have reason to believe that your equipment has been used to complete a transaction fraudulently without your authorization, however NCL shall not be liable for the said unauthorized infringe-ment.
EXCLUSION OF LIABILITY
- NCL shall not be responsible for any loss suffered by you should the system be interfered with or be unavailable by reason of the failure of your equipment or any other circumstance not within NCL’s control including, without limitation, force majeure or error, interruption, delay or non-availability of our system, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
- NCL will not be liable for any losses or damages suffered by you as a result of or in connection with:
- Failure, malfunction, interruption, or unavailability of your equipment.
- Any fraudulent or illegal use of the online lending platform or equipment.
- Your failure to comply with these Terms and Conditions and any documentation or information provided by NCL in regard to use of our system.
- All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by the law.
- NCL will not be liable for any losses or damages suffered by you as a result of or in connection with:
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that the intellectual property rights on our system (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that NCL provides to you through the system or otherwise are vested in NCL. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the system and associated documentation without the prior written consent of NCL.
9.1 All requests received from your equipment will be presumed to be executed by you.
9.2 You hereby irrevocably authorize NCL to act on all requests received by NCL from you through the system and to hold you liable in respect thereof.
9.3 NCL reserves the right and is entitled to accept and to act upon any request, even if that request is otherwise for any reason incomplete or ambiguous if in its absolute discretion, NCL believes that it can correct the incomplete or ambiguous information in the request without any reference to you being necessary;
9.4 NCL shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any requests on which NCL may act if NCL has in good faith acted in the belief that such instructions have been sent by you.
9.5 NCL may, in its absolute discretion, decline to act on your request in accordance with the whole or any part of your request pending further inquiry or further confirmation (whether written or oth-erwise) from you.
9.6 You agree to and shall release from and indemnify NCL against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to NCL having acted in accordance with the whole or any part of any of your requests (or failed to exercise) the discretion conferred upon it.
9.7 You acknowledge that NCL shall not be liable for any transaction, any activity or any incident on your equipment whether or not occasioned by your negligence.
9.8 NCL is authorized to effect such orders in respect of your loan account as may be required by any court order or competent authority or agency under the applicable laws.
9.9 In the event of any conflict between any terms of any request received by NCL from you and these Terms and Conditions, these Terms and Conditions shall prevail.
NCL’S DATA PROTECTION POLICY
10.1 It is hereby understood and agreed that the data herein has been directly obtained from the Bor-rower who has provided this data to NCL to facilitate the processing of the loan facility sought by the Borrower.
10.2 It is hereby understood and agreed that by signing this contract the Borrower:
10.2.1 Must provide personal data which is required for facilitating the processing of the loan facili-ty, the establishing and maintenance of business and for the fulfillment of NCL’s contractual and legal obligation;
10.2.2 Consents to NCL processing the data as per its internal company policy;
10.2.3 Has given consent to NCL to continue holding and processing the data provided even after all obligations under the loan facility has been settled for a variety of purposes including but not limited to research, product development, analysis of market trends, operation of NCL’s regulations and procedures; is at liberty to exercise its rights as a data subject and as is provided by the Data Protection Act of 2019, Laws of Kenya;
10.3 NCL undertakes to ensuring the personal data provided by the Borrower is processed in accord-ance with the Data Protection Act, Laws of Kenya.
10.4 For queries and more information on our Data Protection Policy, the Borrower may contact our Le-gal personnel at email@example.com
TERMS & CONDITIONS FOR VARIOUS NCL USSD LOAN PRODUCTS
11.1 MOBI ADVANCE
11.1.3 This is a loan facility offered to the Borrower who has a running facility, and the Lender is still in possession of the Security.
11.1.4 This facility is charged an interest of 11% for a maximum duration of thirty (30) days.
11.2 LOGBOOK LOAN
11.2.1 This is a loan facility offered to the Borrower who has a Logbook either is his/her name or Guarantor.
11.2.2 The Borrower hereby undertakes to cause the motor vehicle herein provided as collateral to be and remain jointly registered with the lender during the duration of the loan and deposit the Logbook relating to the motor vehicle together with a separate but undated Transfer of Ownership Form in respect of the motor vehicle with the lender.
11.2.3 The Security issued by the Borrower herein shall be a continuing security (subject only to termination upon full repayment of the loan facility).
11.2.5 In case of default of the USSD loans; the loan product facility shall be deemed to be in arrears and normal collection Processes shall apply.
11.2.6 NCL reserves the right to amend the initial notice with the Registrar of Security Rights to capture loans borrowed via USSD.
11.3 USSD JIJENGE LOAN
11.3.1 The Jijenge Loan; This is a facility that allows a borrower to repay his/loan facility for a maximum duration of three (3) months and at an interest rate of 7.5% per month. The loan repayment mode is as follows;
i. 1st installment (1st month)- the borrower repays 7.5% interest on the principal amount.
ii. 2nd Installment (2nd month)- the borrower repays 7.5% interest on the principal amount.
iii. 3rd Installment (3rd and final month)- the borrower repays 7.5% interest plus the principal amount & any occurring charges.
184.108.40.206 In case a cheque is not honored by the paying Bank, the Borrower shall be subjected to a penalty of 15% of the interest amount for every fifteen (15) days concurrently.
220.127.116.11 In case the borrower does not make good his/her account upon demand the facility shall be deemed to be in arrears and normal collection Processes shall apply.
11.4 Payment USSD LOANS
11.4.1 You must repay the loan in the installments as advised.
18.104.22.168 No cash should be handed to an employee of NCL. NCL shall not take ANY responsibility for money paid to any of its employees.
22.214.171.124 Payments made by banker’s cheque is deemed to have been received on the date funds are cleared, and not on the date the cheque is deposited.
126.96.36.199 Payments made via Mpesa are to be paid via paybill no.932900, and the borrowers ID No as the account no.
11.5.1 Motor vehicle Insurance
188.8.131.52 The Security Asset must always be insured. The Lender’s interest on the vehicle pledged as Collateral must be noted on the insurance policy. The Borrower agrees to Insurance Premium financing through Lucent insurance brokers and the premium to be added to the principle or deducted.
184.108.40.206.2 Credit life Insurance
As a responsible lender, NCL has the right to insure the borrower’s loan in case of death or disability on the part of the Borrower.
220.127.116.11 In the event:-
18.104.22.168.1 Any failure by you to pay any amount which is owing to this agreement in full and on the dates you have to, or
22.214.171.124.2 Any other breach by you of the terms of this agreement;
126.96.36.199.3 Any claim that you have failed to carry out your duties under this agreement; then the full balance due under this agreement together with any accrued interest and all other charges and expenses owing to NCL by you shall become immediately due and pay-able to NCL. NCL shall be entitled to terminate this agreement and claim/or recover from you any damages/losses it, may have suffered as a consequence.
188.8.131.52.4 NCL reserves the right to engage third party debt collectors to recover any total outstanding balance at your cost.
184.108.40.206.5 Please note that the responsibility to ensure timely payment of the installments lies with the Borrower, the company reserves the rights to charge and capitalize interest on late payments and to recover it either during or after the contractual term of the loan.
The amount owing by you to NCL at any time may be shown by a statement in which NCL’s Officer has worked out and has stated as amount owing. The statement will be a proof of the amount owed to NCL by you and will be able to be used in any legal proceeding and will be accepted by the court on its own as correct unless the Borrower proves that it is incorrect.
220.127.116.11.6 The Borrower warrants that in the event that either the Post Dated Cheque(s) is-sued by the borrower bounces or Direct Debit Authority(DDA) returns unsuccessful, he/she agrees to indemnify the Lender and pay the cheque/DDA installment amount that shall attract an interest of 8.5% plus an additional bank fee of Kshs.4,000.00 for Standing orders they attract an interest of 11%.
18.104.22.168.7 In addition to the default interest above, the loan shall continue to accrue interest at the rate chargeable on the loan as stated hereinbefore, until repayment in full. In de-fault of repayment of the loan as provided hereinabove, the Lender shall be entitled at its discretion to any of the following: Instruction of Auctioneers to attach and or seize the Mo-tor Vehicle or such Asset as has been offered herein as security.
22.214.171.124.8 The Borrower grants the lender unconditional and irrevocable mandate to recall the whole facility & recover its assets immediately on the grounds of a client issuing a cheque or a Direct Debit Authority (DDA) on the below but not limited to:
• Signature differs.
• Not signed in accordance with mandate held)
• Account closed
• Frozen account
• Dormant account
• DDA declined by bank due to a history of unpaid DDA’s drawn by the borrower
• DDA declined by bank because the borrower’s transaction history does not match the DDA amount. E.g. The instalment amount is 100,000 kes yet the borrower’s account transactions range be-tween 20,000kes and below or within those limits
If any part of this agreement becomes invalid, illegal or unenforceable by the parties the part shall be deemed deleted but shall in no way affect the enforceability of the agreement.
126.96.36.199.9 The borrower /grantor understands that, the cheques issued to the lender for pur-poses of repaying the loan and the same are not presented to the bank within a period of six months of being drawn, they become stale. In that regard the lender shall contact the borrower for explicit authority to destroy the stale cheques by way of shredding and this shall be deemed to be unconditional and irrevocable authority to destroy the stale cheques.
11.7.1 The Borrower shall agree for the Motor Vehicle to be fitted with a Car Tracking Device Tracking Hub Limited at a cost of Kshs. 4000/- upon issuance of the loan and a monthly maintenance fee of Kshs. 2000/-. On completion of the repayment of the loan, the borrower should present the motor vehicle for removal of the tracker, otherwise, it shall be assumed that NCL has leased the tracker to the borrower at a cost of Kshs. 500/- for the first two (2) months and Kshs. 1000/- thereafter
11.7.2 It is the Borrowers Responsibility to co-operate with NCL and ensure that he/she does not tamper with the tracking device. In the event that the tracking device ceases to function as a result of tampering and not a technical fault, the borrower will be subjected to a penalty of Kshs. 30,000/- being the value of the tracking device.
11.7.3 Should the tracking device develop a technical fault within the course of this loan period, Ngao Credit Ltd will contact the Borrower and he/she is to ensure that he/she submits the vehicle for issue resolution and restoration of the Transmission signal to normal status.
11.7.4 For any queries or assistance on the car tracking device installed, the borrower shall contact the Lender’s car track manager on +254 709 757 500
11.7.5 The borrower hereby authorizes NCL to provide Tracking Hub Limited with their personal in-formation necessary, for the performance of this task.
11.8.1 The Borrower may prepay the whole or any part of the loan. Upon prepayment, interest charged by the Lender is inclusive of the stipulated period.
11.8.2 A Rebate is a waiver on unearned Interest charges offered to the Borrower upon early settlement of the loan facility before the lapse of the loan period. The terms of rebate shall be as tabulated in schedule 1 hereinbelow.
11.9.1 USSD Mobi Advance – Disbursement is via Mpesa to a maximum of ksh 300,000. Above this amount can be disbursed either by Rtgs.
11.9.2 Statements – NCL will give at your request a statement setting out outstanding balance and any amount payable in arrears. The Customer should read and familiarize themselves with the general Terms and Conditions.
11.9.3 Processing Fees – The Borrower shall indemnify the lender forthwith upon demand for any costs incurred in taking any steps to obtain payments of moneys due under this agreement including costs of an Advocates and own client basis.
• Administration fees of 2% is paid upfront
• Loan Maintenance fees of 2% is distributed across the loan period of repay-ment.
• Transfer fees as per the NTSA scale, processing and collection of the logbook at Kshs. 3,675/=.
• Discharge Fee at Kshs. 2,000/=
• Auctioneers fees as per the auctioneer’s scale
• Storage fees as per the Yard charges and fees
• Car track fees as per the provisions of Clause (11.7) of this Agreement
• Security Agreement Processing fees at Kshs. 3,000/=
• Credit Reference Bureau (CRB) fees Kshs. 1,000/=
• Loan Cancellation fees as per the incurred cost
The Lender shall terminate this contract by giving the borrower at least 3 days’ notice in the following circumstances.
a) Where the borrower/guarantor uses the Motor Vehicle to carry out illegal dealings, and/or activities.
b) Where the borrower/guarantor tampers with the tracking device.
c) Where the borrower/guarantor tampers with the Motor vehicle eg. Removal of parts.
d) Where the borrower/guarantor disposes off the Motor Vehicle to a third party without the lender’s knowledge and/or permission.
e) Where it is discovered that the loan was obtained through impersonation by either the borrower and/or guarantor
f) Where a Direct Debit Authority is returned unsuccessfully by the paying bank.
In the event any of the above occurs, the Lender shall withdraw this facility & demand repayment of the entire outstanding loan with interest and any penalties failure to which the Lender shall initiate recovery procedures in accordance with the terms and condition contained in this agreement.
DISPUTE RESOLUTION, JURISDITION AND ARBIRTRATION
12.1 You may contact the Call Centre through 0709650000 to report any disputes, claims or com-plaints.
12.2 Any dispute arising out of or in connection with this agreement that is not resolved by Call Cen-tre should be reported in writing through our emails on firstname.lastname@example.org.
This agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
This Data Protection and Privacy Statement relates solely to information supplied by you on this Web Site. Ngao Credit Limited, the Data Controller, respects the privacy of your personal information and will treat it confidentially and securely.
Any personal information provided by you to Ngao Credit Limited through this Web Site shall be used for the purpose of providing and operating the products and services you have requested on this Web Site and for any other related purposes which may include updating and enhancing Ngao Credit Limited’s understanding of your financial needs, conducting credit checks, reviewing credit worthiness, advising you on other products and services which may be of interest to you, for purposes required by law or regulation, and to plan, conduct and monitor Ngao Credits Limited’s business. The information collected from you by Ngao Credit will be valuable in improving the design and marketing of our range of services and related products for customer use.
If you are providing your details in connection with an application for employment, please refer to our “Data Protection and Privacy Statement – Job Applicants” which will be displayed when you apply (see our ‘Careers’ page). This Policy will not alter or affect any information otherwise provided by you to Ngao Credit Limited.
Ngao Credit Ltd undertakes that it will not share your details to any external body unless Ngao Credit Ltd has your permission or is under a legal obligation or any other duty to do so. For the purposes detailed above, your information may be disclosed to:
- Ngao Credit Limited Branches
- Any regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over Ngao Credit Ltd;
- Any agent, contractor or third-party service provider, professional adviser or any other person under a duty of confidentiality to the Ngao Credit Ltd;
- Credit reference agencies and, in the event of default, debt collection agencies;
- Any financial institution with which Ngao Credit Limited has or proposes to have dealings.
Ngao Credit Ltd will ensure that parties to whom your details are transferred treat your information securely and confidentially. Ngao Credit Limited also pledges its intention to fully meet any internationally recognized standards of personal data privacy protection and to comply with applicable data protection and privacy laws. We may transfer your information if it is necessary to perform our contract with you and by providing details to Ngao Credit Limited via this Web Site you are deemed to consent to any other transfers.
Information held about you shall retained for as long as the purpose for which the information was collected continues. The information shall then be destroyed unless its retention is required to satisfy legal, regulatory or accounting requirements or to protect Ngao Credit Limited’s interests. As a general rule, the maximum retention period is 7 years.
It is your responsibility to maintain the secrecy of any user ID and login password you hold.
- Allow us to recognize the PC you are using when you return to our web site so that we can understand your interest in our web site and tailor its content and advertisements to match your interests (This type of cookie may be stored permanently on your PC but does not contain any information that can identify you personally.);
- Identify you after you have logged in by storing a temporary reference number in the cookie so that our web server can conduct a dialogue with you while simultaneously dealing with other customers. (Your browser keeps this type of cookie until you log off or close down your browser when these types of cookie are normally deleted. No other information is stored in this type of cookie.);
- Allow you to carry information across pages of our site and avoid having to re-enter that information;
- Allow you access to stored information if you register for any of our on-line services;
- Enable us to produce statistical information (anonymous) which helps us to improve the structure and content of our web site;
- Enable us to evaluate the effectiveness of our advertising and promotions.
Cookies do not enable us to gather personal information about you unless you give the information to our server. Most Internet browser software allows the blocking of all cookies or enables you to receive a warning before a cookie is stored. For further information, please refer to your Internet browser software instructions or help screen. Alternatively, information on deleting or controlling cookies is available at www.allaboutcookies.org
In order to maintain the security of our systems, protect our staff, record transactions, and, in certain circumstances, to prevent and detect crime or unauthorized activities, Ngao Credit Limited reserves the right to monitor all internet communications including web and email traffic into and out of its domains.
Your Rights and How to Contact Us
You may have the right under data protection legislation on payment of a fee to request access to personal information about you held by us and to have it corrected where appropriate. If you have that right and you wish to access, correct or delete any of your personal data held by us, or if you have any questions concerning our Data Protection and Privacy Statement please contact Ngao Credit Ltd on 0709 650 000. You may also have the right to access details held by credit reference agencies and Ngao Credit Limited will supply details of the relevant agencies upon request
In providing your telephone, facsimile number, postal and e-mail address or similar details, you agree that Ngao Credit Limited may contact you by these methods to keep you informed about Ngao Credit Limited products and services or for any other reason. If you prefer not to be kept informed of Ngao Credit Ltd products and services, please contact Ngao Credit Limited by email.
Changes and Modifications to the Website
Ngao Credit Limited reserves the right to amend its prevailing Data Protection and Privacy Statement at any time and will place any such amendments on this Web Site. This Data Protection and Privacy Statement is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on Ngao Credit Limited in respect of any other party or on behalf of any party.
Your continued access or use of the Website after any modifications have become effective shall be deemed your conclusive acceptance of the modified Data Protection and Privacy Statement. Data Protection and Privacy Statement reserves the right to temporarily or permanently modify or discontinue the Website, or any portion of the Website, for any reason, at our sole discretion, and without notice to you.
ALL INFORMATION PROVIDED ON THIS SYSTEM IS PROVIDED “AS IS”.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NGAO CREDIT LIMITED BE LIABLE TO ANY PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED.