Introduction

1. General

Please review these Terms and Conditions carefully. Once accepted, it becomes a binding legal agreement. It governs the activities with SPENN and regulates the contractual relationship between Access Bank (Zambia) Ltd, SPENN Zambia and SPENN Saver+ account holder. In addition, the General SPENN Terms and Conditions of the SPENN shall continue to apply to the Saver+ account holders.

If you do not agree to be bound by these terms, you should not accept. The Terms and Conditions may be updated by us from time to time and notification of update will be sent to you.

This service is a ‘non-advised’ service, which means we will provide the SPENN Saver+ account holder with information that will assist such account holder in making decisions about SPENN Savings. We cannot advise on whether to choose this service provided by us.

2. Terms

The terms of this Agreement shall begin on the Effective Date and shall continue until the termination by either Party in accordance with the Termination Clause.

3. Eligibility

To be eligible to open a SPENN Saver+ account,

3.1. Customer must be 18 years of age or older

3.2. Customer must be a fully validated SPENN User

3.3. Customer must operate a SPENN User account

4. Interest

4.1. SPENN Saver+ account holder shall be entitled to a 3% interest rate per annum. Interest shall be calculated on the total SPENN Saver+ end of day balance each day at 1/365 of the annual interest rate and such interest shall be paid on a monthly basis. Qualifying Saver+ account holder shall receive their interest payment on the 1st business day of the month succeeding the month the interest payment was calculated.

4.2. SPENN shall be entitled to withhold taxes and other deductions stated by the legislation from the interest payment.

5. Deposits and Withdrawal Transactions

5.1. Deposits to and withdrawals from the SPENN Saver+ account may be made at any time at the account holder’s discretion. Withdrawals may be made in any amounts not exceeding the balance on the savings account. Deposit and withdrawal transactions shall be made by the account holder from his/her SPENN spending account to his/her SPENN Saver+ account and vice versa.

6. Interest Disqualification

6.1. Notwithstanding the provisions in Clause 5, SPENN Saver+ account holders shall be disqualified from receiving the monthly interest payment for the applicable calendar month if more than two withdrawals have been made from their SPENN Saver+ account during the month.

7. Change in Interest Rate

7.1. Interest rates are variable, therefore Access Bank (Zambia) Ltd/SPENN can change, revise and/or remove interest rates without the consent of the SPENN Saver+ account holder.

7.2. Access Bank (Zambia) Ltd/SPENN can change interest rate on SPENN Saver+ account to:

7.2.1. Respond to the Central Bank of Zambia’s base rate or any other publicly listed market rate.

7.2.2. Reflect changes to the banking or financial system or changes in the law and industry codes followed; decisions of the regulators or to meet the regulatory requirements.

7.2.3. Respond proportionately to the changes in the interest rates paid by other banks, financial institutions, and mobile money operators on personal savings accounts.

7.2.4. Reflect the inflation rate and the general outlook for economic development in Zambia.

7.2.5. For any other reasons that impact on the way Access Bank (Zambia) Ltd/SPENN run their business and the Saver+ account, which may not have been anticipated yet.

7.3. Notification of the changes to the interest rates shall be communicated in writing and without undue delay either by email, SMS, or other agreed digital communication method. In addition, SPENN will update the information relating to interest rate available in SPENN branches, website and SPENN Saver+ App.

8. Change of Account

8.1. Access Bank (Zambia) Ltd/SPENN reserve the right to change the account holder’s account to another savings account or move the account holder to a different product if

8.1.1. Access Bank (Zambia) Ltd/SPENN decide to stop offering the type of savings account that the account holder operates.

8.1.2. The account holder becomes ineligible to operate the account due to changes in the account holder’s circumstances or changes to existing eligibility criteria for operating such account.

8.1.3. Access Bank (Zambia) Ltd/SPENN have valid reasons to believe that such changes are appropriate and/or will benefit the account holder.

8.2. In the event of the occurrence of Clause 8.1, notification of such changes shall be given to the account holder at least 30 days prior to the change of account. It shall be deemed that the account holder has accepted the changes to his/her account unless the account holder closes his/her account during the notice period.

9. Suspending and Blocking of SPENN Saver+ Account

9.1. SPENN shall be entitled to suspend, restrict, or block (in whole or in part) the account holder’s saver+ account without any prior notice to the account holder and with no liability whatsoever under the occurrence of the following circumstances:

9.1.1. Where the account holder fails to comply with a material term of these Terms and Conditions, or any other instructions given by SPENN from time to time.

9.1.2. If SPENN has reason to believe that the Saver+ account was or is being used in an unauthorized, unlawful, improper, fraudulent manner, in connection with money laundering, terrorism financing, criminal activities or otherwise.

9.1.3. Where the account holder requests for his/her account to be suspended or blocked.

9.1.4. For any other reason which is in accordance with the applicable law and regulations.

9.2. If the account holder’s Saver+ account was suspended due to an act of a lesser significance than the above mentioned, (the requirement of such act shall vary from time to time at the discretion of SPENN), the account may be restored once the account holder is no longer in breach and request in writing for restoration.

9.3. Accounts suspended for more than one year will be terminated. SPENN reserves the right to immediately terminate the holder’s account if, upon restoration of a suspended account, the account holder continues using the account for illegal acts or unethical practice of any kind whatsoever.

9.4. SPENN will not be responsible for any direct, indirect, consequential, or special damages arising from suspending, restricting, or blocking the holder’s account, whether the suspected behaviour being the underlying reason for the account to be suspended, restricted, or blocked is proven to have occurred or not.

10. Closing of Account and Termination of Agreement

10.1. Either Party may terminate this Agreement at any time by giving the other Party at least 15 days prior written notice of its intention to terminate the Agreement.

10.2. Both Parties shall have the right to terminate this agreement if

10.2.1. The other Party fails to perform any of its obligations or commits a material breach of any provisions of these Terms and Conditions which cannot be remedied, or which is capable of being remedied, but the other Party has failed to remedy the breach within seven (7) days of receipt of notification of breach from the other Party.

10.2.2. Either Party may terminate this entire agreement as to all or to the extent of the non-performance and breach of provisions of this Agreement.

10.3. Access Bank Zambia/SPENN may terminate this Agreement by closing the holder’s Saver+ account with immediate effect, thereby ending the relationship and the account holder’s rights thereof and without liability to the account holder or any third party if:

10.3.1. Fraud, unethical conduct or other criminal or unlawful activities is suspected on the account holder’s Saver+ account.

10.3.2. Where the account holder has breached any terms of the Agreement including these Terms and Conditions,

10.3.3. Where continuing the holder’s account would cause Access Bank (Zambia) Ltd/SPENN to breach the requirements of any judicial, regulatory, or governmental body or would cause disproportionate difficulty or costs in complying with such requirement.

10.3.4. Where we are required to do so under applicable law, court order or other regulations.

10.3.5. The account is being used for a purpose that could reasonably be expected to give rise to a reputational risk for Access Bank (Zambia) Ltd/SPENN.

10.3.6. Where it is no longer economical for Access Bank (Zambia) Ltd/SPENN to provide SPENN users with Saver+ account and we offer the account holder another account which is comparable with the old account and is available with Access Bank (Zambia) Ltd/SPENN.

10.4. The account holder can close his/her account at any time by contacting a SPENN customer care representative or writing to us using the details set out in the customer support section on the SPENN Saver+ App. Request to close the holder’s account can only be carried out when all the funds in the account are cleared.

11. Changes to the Terms and Conditions

11.1. To the extent not contrary to the applicable laws, SPENN may at any time at its discretion vary, change, add and/or amend these Terms and Conditions without prior consent or approval of the account holder.

11.2. Any modifications and updates to the Terms & Conditions will be posted on www.spenn.com and in the SPENN App simultaneously. Notification of such changes to the Terms and Conditions shall be given to the account holder in writing and without undue delay, either by direct email, SMS text or other agreed digital communication method.

11.3. If the account holder does not agree to such changes, the account holder must terminate his/her SPENN Saver+ account by written notice to SPENN within thirty (30) days after the receipt of the notification of changes from SPENN. Where the account holder fails to submit a written notice to SPENN and continues using his/her SPENN Saver+ account, it shall be construed that the account holder has agreed with and accepted such changes, and such account holder shall be bound by the amended Terms and Conditions.

12. Disclaimer

12.1. The SPENN Saver+ services are provided “AS IS” and “AS AVAILABLE”. To the extent permitted by applicable laws and regulations, Access Bank (Zambia) Ltd/SPENN expressly disclaims all warranties of any kind, whether express or implied including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

12.2. Without limiting the above, SPENN makes no warranty that the SPENN Saver+ services, website, or Saver+ App will be uninterrupted, timely, continuous, error-free, completely accurate, reliable, or suitable for any particular purpose. SPENN disclaims any warranties for virus-free, non-harmful websites and compatibility of SPENN software with the User´s mobile device.

12.3. The account holder acknowledges that he/she has not entered into this Agreement in reliance upon any warranty or representation except those specifically outlined in this Agreement.

12.4. Notwithstanding the above terms, SPENN shall not be held liable for any damage caused to the account holder as a result of any omission, negligence, deliberate omission or fraud by the financial institution, where the bank accounts with account holders’ funds are maintained. SPENN makes every effort to ensure that the banks and institutions to which the account holders’ funds are deposited are of good standing and reputation. However, SPENN shall not be held liable in the event of any loss resulting from deterioration of the financial standing of such bank or institution, or for an event such as a liquidation, receivership or any other event that causes the bank or institution of a failure and therefore leads to a loss of all or part of the funds deposited.

13. Confidentiality and Disclosure

13.1. Personal data collected or received from the account holder shall be handled with the strictest confidentiality and in compliance with all applicable data privacy laws and regulations. Account holder acknowledges that the processing of the account holder´s data will be performed in conformity with SPENN Privacy Policy, and the account holder hereby confirms that he/she has read, understood, and accepted the SPENN Privacy Policy. See https://www.spenn.com/privacy-policy/

13.2. The account holder consents to SPENN and any of its officers, agents and subcontractors processing the Personal Data of the account holder strictly for the purpose relevant to these Terms and Conditions.

13.3. The account holder also unconditionally consents that SPENN may disclose any information relating to the account as they may consider appropriate to third parties to whom disclosure is permitted or required by any statutory provision or law or for any purpose whatsoever in relation to SPENN Saver+ services and these Terms and Conditions; and it is hereby agreed that SPENN and any of its officers, agents, subcontractors may disclose information to the fullest extent permitted by any statutory provisions of the law.

14. Assignment

14.1. The account holder shall not assign, transfer, delegate, or pledge either directly or indirectly its rights or obligations under these Terms and Conditions without SPENN´s prior written consent.

14.2. The account holder agrees that SPENN may assign or transfer subject to fulfilment of any applicable legal and regulatory requirements, any or all its rights and obligations under these Terms and Conditions and any other agreements to a third party without the account holder´s consent.

14.3. The account holder confirms that, upon any such assignment or transfer taking effect, all rights, and obligations of SPENN so assigned or transferred shall become rights or obligations of the transferee, and that any rights of SPENN so assigned may be enforced by the transferee against the account holder as if the transferee had been a party to, or a beneficiary of the Agreements between SPENN and the account holder.

15. Waiver

15.1. No failure, omission, or delay by either Party in exercising or enforcing any rights under these terms and conditions shall prejudice, affect, or restrict the other Party´s rights under these Terms and Conditions at law or in equity, nor shall any waiver operate as a waiver of any other rights.

16. Severance

16.1. If any one or more of the provisions in these Terms and Conditions are deemed invalid, illegal, void or unenforceable in any respect by law or a competent court, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be prejudiced, affected or impaired.

17. Limitation of Liability

17.1. SPENN shall hold the account holder liable for any wrongful or negligent acts or omissions committed by the account holder in the course of providing SPENN Saver+ services to the account holder.

17.2. Under no circumstances shall SPENN be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of the use or the inability to use any part of SPENN Saver+ App, website or SPENN Saver+ services or any sites linked to SPENN Saver+ or resulting from any inaccuracies or errors of information with respect to the content.

17.3. SPENN shall not be liable for any loss including financial loss, loss of business, profit, savings, revenue or goodwill; claim, action, expense, damage or injury suffered or sustained by the account holder pursuant to accepting these Terms and Conditions or as a result of its use of the SPENN Saver+ App, website, SPENN Saver+ services, or suspension and termination of this Agreement whether direct or indirect, consequential or inconsequential and whether foreseeable or not; whether based on contract, tort, negligence, and strict liability or otherwise.

18. Indemnification

18.1. The account holder shall indemnify and hold SPENN, its officers, directors, employees, agents and affiliates or anyone acting on its behalf harmless from and against any loss, damages, actions, claims and expenses and any other liabilities of any nature suffered or sustained, regardless of whether the claim is founded or unfounded, which arise due to any default, negligent, wrongful and fraudulent acts or omissions on the part of the account holder in the course of using SPENN Saver+ services.

18.2. This indemnity will not apply where the loss, suit, expenses, and any other liabilities of any nature are caused or contributed to (to the extent they are caused or contributed to) by SPENN’s negligence or breach of the Terms and Conditions of this Agreement.

18.3. The provisions of this clause shall survive any termination of this Agreement for any reason.

19. Governing laws

19.1. These terms and conditions shall be governed by and construed in accordance with the Laws of Zambia.

19.2. If any dispute arises between the parties, hereto relating to the interpretation and/or application of this scheme, which cannot be resolved by mutual consultation, such dispute shall be referred to arbitration in accordance with the Arbitration Act, No. 19 of 2000 or any statutory modification for the time being in force. The venue of such arbitration shall be at Lusaka, Zambia.

20. Complaints
20. If you have a complaint, please contact our dedicated SPENN Customer Service Team in the first instance on +260 975 944 968 or visit the complaints section of our https://www.spenn.com/help/.

TERMS AND CONDITIONS FOR SPENN REWARD SCHEMES

The SPENN Savings Reward Scheme is a promotion scheme developed by Access Bank (Zambia) Limited to give SPENN Saver+ account holders a chance to win a reward for their loyalty.

By participating in the Reward Scheme, all participants agree to be bound by these Terms and Conditions. SPENN/Access Bank Zambia’s decision regarding any issue with the Reward Scheme will be final and binding on the participants.

1. Timeline

1.1. All SPENN users including SPENN Saver+ account holders shall be notified through SMS and In-App messages of the start and end date of the Reward Scheme.

1.2. Transactions made after the specified end date will not be considered for the Reward Scheme.

2. Who can participate?

2.1. The Reward Scheme is open to all SPENN users who meet the following requirements:

2.1.1. Participants must be 18 years or older.

2.1.2. Participants must have a SPENN Saver+ account.

2.1.3. Participants must maintain a minimum average balance in their SPENN Saver+ account for at least 30 days prior to the end of each calendar month.

2.1.4. The minimum average balances are as follows:

2.1.4.1. A minimum average balance of ZMW 500 is required to qualify for the monthly draws.

2.1.4.2. A minimum average balance of ZMW 2,000 is required to qualify for the quarterly draws.

3. Who cannot participate?

3.1. SPENN Saver+ account holder who are employees of SPENN or Access Bank (Zambia) or employees of any company/business that has a direct relationship with SPENN or Access Bank (Zambia) for the purpose of successfully executing the Reward Scheme (their spouses, children or direct members, close relatives or any other person that may benefit illegally or be in a position to interfere with the outcome of the Reward Scheme whether legally or illegally due to access to confidential, privileged or unpublished information connected to the Reward Scheme) will not qualify to participate in the Reward Scheme and will not be eligible to any reward prize.

3.2. Legal entities/Companies/Businesses including sole proprietorships are not eligible to participate in the Reward Scheme draws.

3.3. SPENN Saver+ account holder who have maintained a balance for a minimum of 30 days prior to the end of a calendar month but whose average balance is below the minimum average balance in Clause 2.1.4 will not be eligible to participate.

3.4. SPENN Saver+ account holder who have maintained the minimum average balance in Clause 2.1.4 for less than 30 days prior to the end of a calendar month will be ineligible to participate.

4. Types of Reward Prize

4.1. Monthly Draws: 10 participants stand the chance to win a cash prize of ZMW 1,100 each.

4.2. Quarterly Draws: 3 participants stand the chance to win a cash prize of ZMW3,000 each.
*** Please note that except otherwise stated in these Terms and Conditions, the cash prizes are a one-off prize.

5. Rules of the Reward Prize Draws

5.1. The draw seasons are categorized/tiered into

5.1.1. Monthly Draws
This takes place once a month (at the end of every calendar month).

5.1.2. Quarterly Draws
This takes place once a quarter (at the end of every three calendar months).

5.2. The Reward Prize Draw selections will be held on the first business day of the month after the draw season.

5.3. To qualify for the Reward Prize Draws, SPENN Savers+ account holders must have the minimum average balance as stated in Clause 2.1.4 in their SPENN Saver+ account for at least 30 days prior to the end of each calendar month.

5.4. Winners are selected based on a random draw from the pool of qualifying participants on the Reward Prize Draw selection dates.

5.5. Selected winners of the Reward Scheme Draw seasons will be excluded for the next six (6) months from participating in subsequent Prize Draw rounds for the specific category wherein he/she was selected as a prize winner.

5.6. A SPENN Saver+ account holder can participate in more than one category/tier of Reward Prize Draws provided the participant meets the requirements including the minimum average balance required in participating for that prize tier/category.

5.7. Participants’ transactions that are delayed, not delivered, or received in time of a Reward Prize Draw season due to technical failures or other unforeseen circumstances will not be considered for that draw season regardless of when the transaction was made or the amount of the transaction.

5.8. Participants must comply with the SPENN User, SPENN Saver+ and the SPENN Saver+ Reward Scheme Terms and Conditions.

5.9. SPENN reserves the right to disqualify any participant if there are reasonable grounds to believe that the participant has breached the provisions of the Terms and Conditions stated in 5.7.

5.10. Winners of the Reward Prize agree to be bound by the provisions of the Terms of Acceptance applicable to the Reward Prize Draw Winners as clearly stated in these Terms and Conditions.

5.11. Reward Prize decisions made by SPENN/Access Bank Zambia shall be final, non-negotiable, and non-challengeable.

5.12. To the fullest extent permitted by law, the winners agree that their names and/or photograph may be published or announced in any media publication for publicity and advertising purposes and such usage will not grant the winners any further compensation.

6. Notification and Forfeiture

6.1. The selected winners will be notified via SMS and In-App message within forty-eight (48) hours of concluding the Reward Prize Draw selections and announcing the winners to enable them to claim their Reward Prizes.

6.2. Winners must claim their Reward Prizes within one (1) week from the date the notification was sent.

6.3. Reward Prizes not claimed within the specified time frame in Clause 6.2 are deemed forfeited by the winners and becomes the property of SPENN/Access Bank (Zambia) Ltd.

7. Disqualification of winners and/or participants

7.1. SPENN/Access Bank (Zambia) Ltd may withhold Reward Prizes at its sole discretion or disqualify participants at any stage of the competition for the following reasons:

7.1.1. The winner and/or participant has committed fraudulent and illegal transactions on his/her account or acted fraudulently with regards to the SPENN Reward Scheme.

7.1.2. The winner/participant has deviated from the rules of the competition and has attempted to manipulate the outcome or game/misuse SPENN system(s) in order to be entitled to participate in the Reward Scheme or win a Reward Prize.

7.1.3. The winner/participant’s conduct can be interpreted as scamming or circumventing the rules of the Reward Scheme in order to be entitled to a Reward Prize.

7.1.4. The winner prohibits SPENN/Access Bank (Zambia) Ltd from publishing or announcing his/her name and photographs in any media publication for publicity and advertising purposes.

7.1.5. SPENN/Access Bank (Zambia) Ltd finds it practically impossible to establish a line of communication with the prize winner.

7.1.6. The selected winner lacks legal capacity under applicable laws and in accordance with the provisions of the Terms and Conditions; or falls under the category of participants prohibited under Clause 3 from participating in the Reward Scheme.

7.1.7. Failure to comply with the Terms and Conditions of SPENN users, SPENN Saver+ and SPENN Savings Reward Scheme.

7.1.8. It will be unlawful under the applicable local laws and regulations to award the Reward Prize to the winner.

8. Personal Data Protection

8.1. Our Data Privacy Policy shall apply to all SPENN App users and SPENN customers including SPENN Saver+ account holder and it covers all matters that are related to how we collect, use, share and protect your data. All our partners with whom we share your information must meet the requirements set out in this policy. See https://www.spenn.com/privacy-policy/

8.2. The Participant expressly consents that SPENN/Access Bank (Zambia) Ltd may hold, process, and disseminate using the electronic media (including but not limited to television media, press, media, leaflets and pamphlets, websites) or any other means, personal information obtained about the winners, as a result of the winners’ participation in the Reward Scheme to:
• The Public: (For SPENN/Access Bank (Zambia) Ltd publicity and promotion purposes)
• Any relevant party involved in the processing of this Reward Scheme.
• Any person who may assume SPENN/Access Bank (Zambia) Ltd.’s right under this Agreement
• Any party, if permitted or compelled to do so by a court of law.
Such personal data include but not limited to names, location of residence, images and voices contained either in photographic, audio, video, or other types of records.

9. Limitation of Liability

9.1. Subject to any statutory limitations, no claim by the participant against a third party may be the subject of a claim against SPENN/Access Bank (Zambia) Ltd.

9.2. SPENN/Access Bank (Zambia) Ltd accepts no responsibility and shall not in any circumstance whatsoever be liable to the participant/winner or any third party for any lawsuit brought against the winner in consequence of any reward won under this scheme

9.3. To the fullest extent permitted by law, by participating in the Reward Scheme, the participant agrees to indemnifies and hold harmless SPENN/Access Bank (Zambia) Ltd, their holding, affiliates and/or subsidiaries, its officers, agents, employees, successors and assigns from and against any loss, damages, actions, claims, expenses and any other liabilities of any nature suffered or sustained by SPENN/Access Bank (Zambia) Ltd arising from third parties or through the participant’s participation in the Reward Scheme, breach of Reward Scheme Rules and Terms and Conditions therein, any competition-related activity and/or acceptance, receipt, possession or use and misuse of any prize.

9.4. To the extent permitted by law, SPENN/Access Bank (Zambia) Ltd will not be liable in any way whatsoever, for any claims arising from loss, injury, damage, or costs, suffered by participants in relation to this Reward Scheme or the Reward Prizes offered, including but not limited to claims relating to defects in the Reward Prizes or any losses caused by such defects or losses arising from incorrect or inaccurate information provided by the participants/winners.

9.5. SPENN/Access Bank (Zambia) Ltd shall not be liable to the winners, if SPENN/Access Bank (Zambia) Ltd is unable to perform its obligations under this Agreement, due (directly or indirectly) to the failure of any machine, data processing system, transmission link, industrial dispute, or anything outside the control of SPENN/Access Bank (Zambia) Ltd, its agents or subcontractors.

9.6. By accepting these Terms and Conditions and entering the Reward Scheme, the participant undertakes that such decision is done of his free will and volition and such participant shall be legally responsible and liable for any loss, damage or legal expenses suffered by the participant because he/she took part in the Reward Scheme.

10. Variations

10.1. To the extent not contrary to the applicable law, SPENN/Access Bank (Zambia) Ltd reserves the right, and may at any time at its discretion vary, alter, suspend, cancel, change, amend or refuse to renew this Reward Scheme, its Terms and Conditions and the Reward Prizes without prior consent or approval from the participants.

10.2. Notification of variation or amendment shall be given to SPENN Saver+ account holders in writing and without undue delay, either by direct email, SMS text, In-App message or other agreed on digital communication method.

10.3. Varied or Amended Reward Scheme and/or Terms and Conditions will become binding and effective immediately without affecting the outstanding obligations and rights of the participants as a SPENN Saver+ account holder.

10.4. All participants waive any rights that they may have or purport to have and acknowledge that no claim in respect of any variation of the Reward Scheme and/or Terms and Conditions is enforceable against SPENN/Access Bank (Zambia) Ltd following the moment the amendment is notified to the SPENN Saver+ account holder.

11. Notices

11.1. The Parties hereby acknowledge that any communications under this Agreement shall be in writing. Notices and correspondences between the parties may be sent by fax, email or by registered mail/courier to the receiving party. Such notices or correspondences shall be deemed to have been received 3 days after dispatch, in the case of registered mail/courier by handing the said correspondence to a reputable courier service for immediate delivery to the addressee in a properly addressed package.

12. Maintenance

12.1. The participant/winner agrees that SPENN/Access Bank (Zambia) Ltd accepts no responsibility and shall not in any circumstance be liable to the participant, winners or any third party for the maintenance, registration and/or upkeep of the reward won under this scheme.

13. Severance

13.1. If any one or more of the provisions in this Agreement are deemed invalid, illegal, void, or unenforceable in any respect by law or a competent court, the validity, legality, and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be prejudiced, affected, or impaired

14. Governing Law and Jurisdiction

14.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Zambia.

14.2. If any dispute arises between the parties, hereto relating to the interpretation and/or application of this scheme, which cannot be resolved by mutual consultation, such dispute shall be referred to arbitration in accordance with the Arbitration Act, No. 19 of 2000 or any statutory modification for the time being in force. The venue of such arbitration shall be at Lusaka, Zambia.

15. Tax Implication

15.1. For cash prizes or cash equivalent, SPENN/Access Bank (Zambia) Ltd shall deduct from the prize winner’s cash prize any applicable tax at the percentage rate as at the time of winning the cash prize and before payment is made to the prize winner.

16. Miscellaneous

16.1. The prize winner hereby grants SPENN/Access Bank (Zambia) Ltd irrevocable right to use pictures of themselves and all others as related (family, friends, and associates) for SPENN/Access Bank’s promotional material in relation to the Reward Scheme.

16.2. The prize winner hereby irrevocably consents to SPENN/Access Bank’s filming, taping and/or recording of himself/herself, with his/her knowledge, for use and in connection with this Agreement.

16.3. The prize winner hereby grants to SPENN/Access Bank (Zambia) Ltd, its assignees, licensees, agents and affiliates, the right in any and all media now known or hereafter devised throughout the universe in perpetuity to use and reuse the prize winner’s appearance/image in the promotion of the SPENN Saver+ account program including but not limited to, the right to use the winner’s name, voice, likeness, biographical information in any manner, whatsoever at SPENN/Access Bank’s sole discretion and as the SPENN/Access Bank (Zambia) Ltd sees fit.

16.4. The prize winner understands and agree that any exploitation of his/her appearance, name, likeness, voice, conversation, sounds, biographical information as the same may be edited, cut, altered, rearranged, adapted, dubbed or otherwise revised in illustrations, bulletins, exhibitions, videotapes, derivative works, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet and will not entitle the prize winner to receive any wages, benefits, fees, compensation or other consideration whatsoever and the prize winner hereby waives the right to approve the final product.

16.5. The prize winner undertakes that he/she has been given ample opportunity to read, and he/she has carefully read this entire Agreement. In addition, the prize winner has been given the opportunity to, and hereby advised to, have this Agreement reviewed by legal counsel of his/her/their choice.

16.6. The participant/prize winner certify that he/she has made an investigation of the facts relevant to this Agreement and of all the matters pertaining thereto as deemed necessary, that he/she fully understand the contents of this Agreement, that he/she is of sound mind and intends and agrees to be legally bound by this Agreement.

16.7. The foregoing shall constitute a binding and enforceable agreement between participants, SPENN and Access Bank (Zambia) Ltd.

16.8. By tapping the “Create my free account” button on the SPENN Saver+ App, the participant confirms that he/she has given his/her consent and accepts to be bound by the Terms and Conditions of this Agreement.