Terms of Service

Last Updated: July 25, 2020

1. About

You are welcome to www.trybrass.com (the “website”or “site”). Henceforth, “site” shall be interpreted to include other Brass’ platforms (including mobile applications), which Brass may make available to you from time to time.

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 help@trybrass.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

By using our site, you irrevocably confirm that you accept our Terms and Conditions of use (these “terms”), Acceptable Use Policy, as well as our Privacy Policy and agree to comply with them.

Prohibited uses:

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 reproduce, duplicate, copy or re-sell any part of our Site as this is in contravention of the provisions of our terms of use.
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

You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access our site, and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing our site

4. Interactive services

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

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

We may update, revise, amend and/or change our site from time to time (to reflect our users’ needs and any of our business priorities. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

6. We may suspend or withdraw our site

our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. you are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. How you may use material on our site

We are the owner of all the Intellectual Property Rights (IP or IPR) on our site and the materials published on it. The IP works are protected by prevalent intellectual property laws in Nigeria and around the world, especially the treaties by the World Intellectual Property Organization (WIPO). All such rights are reserved.

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.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. You must keep your details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. you must not disclose this information to any third party.

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

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our 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

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 websites or information you may obtain from them. We have no control over the contents of those sites or resources.

11. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

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

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take unauthorised advantage of us. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

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

By opening an account with us, you choose to provide us with your Registration Information, and you agree to update it from time to time so that it remains accurate.

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

You may close your account with Brass at any time by notifying us.

15. Breach of these terms and conditions

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

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.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

16. Our rights

We reserve the right to use your personal information or any other information that you provided to us, to open a bank account with either the Domicile Bank or any other Bank other than the Domicile Bank.

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 may modify these terms in any manner, at any time, at our sole discretion. Be sure to check our site from time to time to ensure that you are aware of any changes to these terms. Modifications to these terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Brass after changes have been made to these terms constitutes your agreement to be irrevocably bound by the modified terms. If you do not agree to be bound by the modified terms, your only recourse is to terminate the agreement.

18. Disclaimers

We hereby irrevocably exclude and make no conditions, representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchant-ability, fitness for intended use or a particular purpose, or those arising by statute or otherwise in law or from a course of dealing or usage of trade regarding Brass or the services, materials, or goods advertised, promoted, sold or otherwise made available through a merchant. You agree that your purchases of goods or services from a person other than Brass, are between you and the person, and are made at your own sole risk, which are subject to any additional terms, conditions and restrictions.

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

Under no circumstances shall we be liable to you for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise (even if any of them have been advised of the possibility of such damages). This limitation of liability shall apply also to damage(s) arising, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and a Merchant and/or Partners, your inability to use, or misuse Brass platforms, or the interruption, suspension, or discontinuation of Brass.

20. Governing law

The laws of the Federal Republic of Nigeria govern these terms and the subject matter of any aspect of your relationship with us. These laws govern without regard to any conflicts of international laws or cross-border domestic laws/statutes that would otherwise apply the substantive law of another jurisdiction.

21. Dispute resolution

This section only applies to Brass and the customer. Most customers’ concerns can be resolved by calling our customers’ service centre call or email platform. In the event that the customers’ service centre is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through the amicable means of informal mediation, arbitration (in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2010 (“Act”), or litigation depending on the subject matter which the dispute resolution mechanism shall be solely approved by us upon notification by the customer. It includes an arbitration provision. For this dispute resolution section: (a) “you” includes you (customer), (any person acting on your behalf if you are a minor, your parents and legal guardians); (b) “we” and “us” includes Brass , our Merchants and any holding companies, subsidiaries, affiliates or related persons or entities, and, if there is an assignment, the assignee and its holding companies, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute or controversy relating to Brass including these terms, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any Brass Service .

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.

22. Miscellaneous

This agreement comprises the entire agreement between Brass and you and supersedes any prior agreements with respect to the subject matter herein. Brass may revise this agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on our site. You agree to review this agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing our site.

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.

23. Contact Us

You may contact us regarding the Service or these Terms at: Brass Technologies, Inc., 21B Modupe Odunlami Street, Oniru or via email to contact@trybrass.com

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