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Terms of Service
Last Updated: July 25, 2020
This site is operated and maintained by Brass Technologies Limited (“Brass”, “we”, “our”, “us”). We are registered in Nigeria under the Registration Company Number RC 1469137 and have our registered address at Gate 3, House A9, Alhaji Yekini Bakare Street, Lekki Peninsula II, Lagos. We are a Limited Liability Company regulated by the Corporate Affairs Commission. To contact us, please email email@example.com or call our customer service line on 07045011091.
Brass makes every effort to ensure all information on this site is as accurate as possible.
2. By using our site, you accept these terms
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm any person and in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored; or
- any software used in the provision of our Site.
3. Access to the site
4. Interactive services
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by you in contravention of our content standards, whether the service is moderated or not.
Where we moderate on an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5. We may make changes to these terms
6. We may suspend or withdraw our site
7. How you may use material on our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
8. You must keep your details safe
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us via any of our contact medium.
You should notify us of any change of information in your user application such as change of address and contact information via any of our contact medium.
9. Do not rely on information on this site
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10. We are not responsible for sites we link to
11. We are not responsible for viruses and you must not introduce them
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack or by any means gain any unauthorised access to segments of our site, which are not ordinarily accessible to the public. By breaching this provision, you would commit a criminal offence under the relevant Nigeria criminal laws, including but not limited to the Cyber Crimes (Prohibition, Prevention, etc.) Act 2015**.** We will report any such conduct to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our site will cease immediately.
12. Rules about linking to our site
our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in the terms.
If you wish to link to or make any use of content on our site other than that set out above, please contact us.
13. The use of your personal data
You hereby irrevocably authorize us to use your Registration Information and Account Activities at our sole discretion.
You agree that we provide our services to you through some of our business partners, and that your account with us is currently domiciled with Bancorp MFBank Limited (the “partner bank”). You hereby authorize us to migrate your account with us to any other platform or bank and close your account with us at the Domicile Bank at any time that we may deem fit. Provided that we shall notify you prior to such migration and close-down. Further provided that you may elect that we do not migrate such account but open a new account with the newly migrated platform, the opening of which is at our sole discretion Where you do not elect otherwise within 3 (three) days from the date of the notice, you are deemed to have expressly authorised that we migrate your account from the Domicile Bank and close the account maintained with the Domicile Bank.
14. Termination of agreement
15. Breach of these terms and conditions
Failure to comply with this terms and conditions constitute a material breach, upon which you are no longer permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Issuance of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
16. Our rights
We have the right to take any necessary legal action based on fraud, abuse, or suspicious transaction activity in connection with any of your activities relating to Brass, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable to monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of your agreement with Brass.
17. How can we modify these terms
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site, In particular, we will not be liable for (loss of profits, sales, business, or revenue; business interruption; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any direct, indirect or consequential loss or damage.
We are also not liable for any defective digital content that we have supplied, damages a device or digital content belonging to you whether caused by our failure to use reasonable care and skill, and/or for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
19. Limitation of liability
20. Governing law
21. Dispute resolution
You shall not sell, assign or transfer a claim. Sending a Claim Notice is a condition precedent before commencing a lawsuit, mediation or arbitration. You agree to send a written notice (a “Claim Notice”) to us, in order to provide an opportunity to resolve the claim informally or through mediation. Visit our site or call 07045011091 for a sample Claim Notice to be sent to you. The Claim Notice must describe the claim and state the specific relief demanded. Notice to you may be sent to your email or mailing address. Notice to us must include your name, address and Brass account number and be sent to Gate 3, House A9, Alhaji Yekini Bakare Street, Lekki Peninsula II, Lagos. If the claim proceeds to arbitration, the amount of any relief demanded in a Claim Notice (which maximum claim amount shall be solely determined by us) will not be disclosed to the arbitrator until after the arbitrator rules.
You or we may elect to resolve any claim by individual arbitration. Claims will be decided by a neutral arbitrator. If arbitration is chosen by us, neither you nor we, will have the right to litigate that claim in courts or have a jury trial on that claim. Further, neither you nor we will have the right to participate in a representative capacity or as a Member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in courts, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order in Nigeria and are subject to very limited review by a court which shall be disputable matters that are not subject to arbitration jurisdiction. The arbitrator’s decision will be final and binding.
You will be responsible for paying the arbitration fees (including filing, administrative, hearing or other fees), we will be responsible for any additional arbitration fees. At your written request, we will consider in reasonable good faith making a temporary advance of our share of any arbitration fees, or paying for the fees of an expert appointed by the arbitrator for good cause.
If the arbitrator rules in your favour for an amount greater than any settlement offer we made before arbitration, the arbitrator’s award shall only include any money to which you are entitled and any reasonable attorneys’ fees, costs and expert and other witness fees but shall not be more than ₦50,000.
Your continued accessing and use of the our site following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
This agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the our site have been done strictly for clarification and identification and does not constitute endorsement by Brass of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Brass by such trademark, service mark or link owner.