Contractual Relationship (This Agreement)
This is an important document which you must consider carefully when choosing whether to use this Website or any of the NIBSS’ Services. We may close, suspend, or limit your access to our services should you violate this Agreement, or any other agreement you enter into with NIBSS. You are solely responsible for understanding and complying with any and all laws, rules and regulations that may be applicable to you in connection with your use of our Services as listed below;
By using or visiting the Website or by subscribing to any NIBSS services provided to you on, from, or through the NIBSS website, you signify your agreement to (1) these terms and conditions of use; (2) The terms and conditions applicable to the specific NIBSS service that you subscribe to (3) The terms and conditions of the regulatory bodies that licensed NIBSS [including that of the Central Bank of Nigeria (CBN)]
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICE.
2.1 NIBSS has the right at any time, in its sole discretion, to revise and to otherwise modify this Agreement, and to impose new or additional Terms or Conditions (collectively, “Additional Terms”) on your use of the services available on or through our Website. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by NIBSS to the Website. Use of the Website following such notice indicates your acceptance of all such Additional Terms.
2.2 Although we may attempt to notify you when major changes are made to these terms and conditions, you should periodically review the most up-to-date version.
In connection with the exercise of your rights and obligations under this Agreement you will comply, at your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to your use of this Website, this Agreement, any Subscriber Agreement(s) or transactions conducted on the NIBSS platforms, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including but not limited to those related to taxes.
4.1. Restricted Activities:
You agree that when using this Website or any of our Services, you will not:
- Breach this Agreement, other applicable terms and conditions or any other Policy or agreement that you have entered into with NIBSS;
- Violate any law, statute, ordinance, or regulation;
- Infringe NIBSS’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libellous, threatening or harassing to NIBSS, our employees, agents or other users;
- Provide false, inaccurate or misleading information;
- Engage in potentially fraudulent or suspicious activity and/or transactions;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Disclose or distribute another user’s information to a third party, or use the information for marketing purposes unless you receive the third party’s express consent to do so;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Use an anonymizing proxy; use any robot, spider, other automatic devices, or manual process to monitor or copy the NIBSS’ website without NIBSS’ prior written permission;
- Use any device, software or routine to bypass NIBSS’ robot exclusion headers, or interfere or attempt to interfere with the NIBSS website or the NIBSS Electronic Portals and Industry Services.
If NIBSS, in its sole discretion, believes that you may have engaged in any Restricted Activities, NIBSS may close, suspend, or limit your access to any NIBSS service or terminate your access to the Website.
The NIBSS website may contain links to third party websites that are not owned or controlled by NIBSS. NIBSS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites.
By providing access to the linked websites, neither NIBSS nor its third party providers are recommending, endorsing or sponsoring any aspect of those websites, including the transmission of software, downloading or uploading of content, or any goods, services or securities available thereon. You forever hold NIBSS and its third party providers harmless from any and all claims, obligations and/or liability arising in connection with the use of any such links.
7.1 The information published and opinions expressed on this Website are provided by NIBSS exclusively for your personal use as intended through the provided functionality of the NIBSS Website and as permitted under this Agreement; the content may be changed at any time and without prior notice. NIBSS does not make any guarantees (either expressed or implied) for the accuracy, completeness and up-to-date of the information or expressions of opinion published on this Website. Moreover, NIBSS is not obligated to remove outdated information from the NIBSS Website or to label this information expressly as such. At the same time, NIBSS reserves the right to update or change the content of this Website at any time and without prior notice.
7.2 It is possible that the information on the Website could be manipulated under certain circumstances by unauthorized third parties; as such, NIBSS does not make any guarantees as to the correctness, reliability, up-to-date or completeness of the information published on the Website.
7.3 Any information found on or transmitted through this Website or sent or forwarded by you to NIBSS is generally sent as unencrypted data over an open network (the Internet). NIBSS points out that it is your responsibility to transmit information to NIBSS in a protected, encrypted form if necessary.
7.4 NIBSS assumes no liability for the sound functionality and operational stability of the data codes downloaded from this Website. NIBSS, in particular, points out that such data codes could harbour risks caused by changes made to them (such as viruses) when transferred over a public network. NIBSS is unable to offer any support or assume liability for any possible complications, system interruptions or other damages.
7.5 If the information contained on this Website or the IT systems supporting it are abused, criminal proceedings may be initiated against those responsible for this abuse.
8.1 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use, confidential information sharing with third party. You understand that when using the Website, you will be exposed to information from a variety of sources and that NIBSS is not responsible for the confidentiality, security, privacy, rights of or relating to such content.
8.2 You further understand and acknowledge that your information may be exposed to a third party due to cyber error, hack or your negligence, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NIBSS with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless NIBSS, it directors, employee, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the NIBSS website.
NIBSS has the right, at any time, to modify or discontinue, temporarily or permanently, the services, information, materials and other content we offer through the Website, and/or to refuse or restrict anyone from access to any such services, information, materials and other content, with or without notice and in its sole discretion. NIBSS shall not be liable for any modification, suspension or discontinuance of any services.
Information on the Website is not offered as advice on any particular matter and must not be treated as a substitute for specific advice.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, NIBSS, its officers, directors, employees, and agents disclaim all assurances, express or implied, in connection with the website and your use thereof. NIBSS makes no assurances or representations about the accuracy or effectiveness of this site’s information given by you or made available on the website and assumes no liability or responsibility for any;
- (i) errors, mistakes, or inaccuracies of information,
- (ii) trauma or pecuniary loss, of any nature whatsoever, resulting from your access to and use of our website,
- (iii) any unauthorized access to or use of our service and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website,
- (iv) any bugs, viruses, or the like which may be transmitted to or through our website by any third party, and/or
- (v) any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of our service or loss of information given, emailed, transmitted, or otherwise made available via the website. NIBSS does not warrant, endorse, guarantee, or assume responsibility for any defect or error occurring from the use of service offered by a third party through the website. NIBSS will not be a party to or in any way be responsible for monitoring any transaction between you and third-party service providers. As with the use of service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall NIBSS, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of information, (ii) trauma or pecuniary loss, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our service and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any information or for any loss or damage of any kind incurred as a result of your use of our service or loss of information given, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
You specifically acknowledge that NIBSS shall not be liable for loss of information or financial loss, illegal act resulting to any loss or damage whatsoever of any third party and that the risk of harm or damage from the foregoing rests entirely with you
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NIBSS, it owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right; This defense and indemnification obligation will survive the termination of this Agreement and your use of the NIBSS website.
If you send or transmit any communications, comments, questions, suggestions, or related materials to NIBSS, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, to NIBSS and NIBSS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that NIBSS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
15.1 The trademarks and service marks used on the Website (collectively, the “Marks”) are trademarks (whether registered or unregistered) and/or service marks owned by NIBSS or its group or by third party licensors. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks for any purpose whatsoever without the written permission or applicable license terms of NIBSS or the lawful owner. Unauthorized use of the Marks or any Information is strictly prohibited.
15.2 The trademarks of NIBSS may not be copied or used, in whole, partial or modified form, without the prior written permission of NIBSS or, if applicable, the third party provider. In addition, NIBSS’ custom graphics, logos, button icons, scripts, and page headers are covered by trademark, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of NIBSS.
15.3 You may not use any metatags or any other “hidden text” utilizing a NIBSS name, trademark, or product name without the express written consent of NIBSS. The use or misuse of these trademarks/service marks or any other content or materials, except as permitted herein, is expressly prohibited and may be in violation of Intellectual Property Laws and/or other relevant laws.