Terms & Conditions
Terms & Conditions
Welcome to fets’s website. Please read these terms and conditions carefully. If you continue to browse and use this website, you accept, without limitation or qualification the terms and conditions and all terms incorporated by reference. If you do not agree with any part of these terms and conditions, please do not use this website.
These Terms and condition (“Terms”) apply to your access to, and use of, the websites (the “Site”) of Funds Electronic Transfer Solution Limited, and where applicable, its successor, agents, assigns or service provider (“fets,” “we”, “us” or “our”). Additionally, these Terms, do not alter the terms or conditions of any other agreement you may have with fets for products, services or otherwise. The term “you”, “your” refers to you and/or any person who subscribes for, uses or authorizes the use of the Site.
fets reserves the right at any time and in its sole discretion to change or modify the Terms contained in this policy or any policy or guideline of the Site. We will provide notice of these changes by posting the revised Terms to the Site and changing the “Published” date at the top of the Terms, or by providing other means of notice as fets will determine each time in its sole discretion. Any changes or modifications will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use.
By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age, you have not been previously suspended or removed from the Site. You represent and warrant that you are not placed on any international Sanction List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
Our online products and services (online services) are subject to registration procedures and approvals, which we may accept or reject at our sole discretion. In order to access and use these online services, you must create an account with fets (“Account”). You agree to: (a) provide accurate, current and complete information when creating or updating an Account; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify fets if you discover or otherwise suspect any security breaches related to your account; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
Accuracy of Information and Disclaimer
At fets, we do our best to ensure all information on the Site is accurate. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable. All information on this site is only intended to provide you with general information about us, our products, services and objectives. Nothing on this site should be treated as an offer but merely as an invitation to do business with us. All information is provided "as is" and should not be treated as professional or investment advice of any kind. You should consult your own professional advisors before relying on any information on this site.
You should ensure information you send to us is accurate and does not breach anyone else’s rights such as copyright or is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or is in any way illegal.
Remember that the Site can be viewed around the world and the information you send to us will be published on the Site.
You should independently verify any information before relying upon it.
We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
We may use the services of other organizations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Linked third party sites
This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinized or endorsed the owners or administrators of the websites or their business or security practices and operations.
Permission for hyperlinks, deep linking, crawlers and metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
An application for linking must be submitted to_________________. Once received we will do our best to respond and enter into further discussions with you. If you don't get a written response from us within five business days, consider your request as having been rejected.
Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
Copyrights and trademarks
Material on this website, including but not limited to texts, logos, images, illustrations, software, audio clips, video clips and other graphics and multimedia works, is owned or otherwise provided by fets, and fets does not represent or warrant that such material does not infringe the rights of any other person or entity. The material may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of fets. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of fets or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding the foregoing, fets authorizes you to view and download one electronic or paper copy of the information posted on this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of fets and its affiliates without express written consent of fets. You may not use any meta tags or any other “hidden text” utilizing fets’s name or trademarks without the express written consent of fets. Any unauthorized use of this site and/or its contents terminates the permission or license granted by fets.
Transmission of Information
When you visit this site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Termination, suspension and limitation
Without prejudice to our other rights under these Terms, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms in any way, we shall either:
- send you one or more formal warnings in writing to this effect;
- temporarily suspend your access to our site;
- permanently prohibit you from accessing our site;
- block computers using your IP address from accessing our site;
- contact any or all of your internet service providers and request that they block your access to our site;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our site.
- Where we suspend or prohibit or block your access to our site or a part of our site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation, creating and/or using a different account).
No warranties or representations
We do not warrant that the site or online services including the downloadable software will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that any such problems which are discovered will be corrected.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
You agree to defend, indemnify and hold harmless fets, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any Feedback you provide; (c) or your violation of these Terms. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Disclaimer and Limitation of Liability
Although we have taken care to ensure that the content on this Site is accurate and that you suffer no loss or damage as a result of your use of this Site, this Site and the online services are provided "as is".
Use of this Site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this Site and your reliance on the material and information contained on it.
We are not liable for any damages whatsoever relating to your use of this Site or the online services or the information contained on this Site or your inability to use this Site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, we will not be liable for:
Any interruption, malfunction, downtime or other failure of the Site or online services, our system, databases or any of its components, for whatever reason;
Any loss or damage arising from your orders, investment decisions, purchases or disposal of products and services, including financial instrument(s) or currency, from third parties, based on the information provided on this site;
Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third-party systems; programming defects; negligence on our part or caused computer problem;
Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers), local authorities and certification authorities;
Any event over which we have no direct control.
Modification to the Site
fets reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that fets will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, will be submitted to, and determined by invoking arbitration procedures in accordance with the provisions of the Arbitration and Conciliation Act, chapter A18 of the Federation of Nigeria 2004. Place of arbitration shall be Lagos, Nigeria.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The failure of fets to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of fets to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
Question and Contact Information