TERMS AND CONDITIONS
TERMS AND CONDITIONS
IMPORTANT! "9TH Swift Technologies" IS THE TRADING NAME OF 9TH TECH LIMITED, WHICH IS THE OPERATOR OF ALL THAT SPECIALIZED E-COMMERCE PLATFORM CONSISTING OF A WEBSITE AND MOBILE APPLICATION ("9TH Swift Technologies") TOGETHER WITH ALL THE SUPPORTING I.T. LOGISTICS AND PAYMENT INFRASTRUCTURE FOR THE PRODUCTS AND SERVICES ("PRODUCTS") SHOWCASED THEREIN IN NIGERIA.
THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE PROVIDED BY 9TH Swift Technologies. BY ACCESSING OR USING THIS SITE, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. SPECIFICALLY, FURTHER TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL AND ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND US REGARDING THE USE OF THIS SITE/THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN ANY COURT ACTIONS, INCLUDING CLASS ACTION LAWSUITS.
IT IS IMPORTANT TO NOTE THAT IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU DO NOT ACCESS OR USE, OR CONTINUE TO ACCESS AND USE AND IMMEDIATELY CEASE TO ACCESS OR USE THIS WEBSITE, OR YOU MAY TERMINATE THE any FURTHER AND OR SUBSEQUENT USE OF THIS WEBSITE IMMEDIATELY.
1. APPLICATION AND ACCEPTANCE OF THE TERMS OF USE
These Terms of Use, any additional guidelines, terms, procedures or rules that may apply to a specific feature of our Services that are owned or operated by 9TH Swift Technologies or its affiliates ("we", "us", "our" or "9TH Swift Technologies"), are a contract in electronic form between you ("you", "your" and "yourself") and 9TH Swift Technologies (the "Agreement"). This Agreement sets forth the legally binding terms governing the access to and use of our Services. This Agreement applies to 9TH Swift Technologies and all its affiliates only and does not cover other companies, including third parties that may advertise or sponsor content, products or services on our website or any third-party platforms (such as social media platforms or app stores) from which you may access our Services, channels that you may use from our website or any Content. 9TH Swift Technologies website and Content are for general information, discussion and commercial purposes only. The term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with our Services. 9TH Swift Technologies make no representations or guarantees about any aspect of our Services and Content and do not endorse any opinions expressed by any users.
TAKE NOTE THAT OUR SERVICES AND ALL CONTENT ARE PUBLISHED "AS IS" AND YOUR USE OR RELIANCE ON OUR SERVICES OR ANY CONTENT IS AT YOUR OWN SOLE RISK. 9TH SWIFT TECHNOLOGIES HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON OUR SERVICES OR ANY CONTENT.
TAKE FURTHER NOTE THAT "9TH SWIFT TECHNOLOGIES" SHALL NOT IN ANYWAY BE LIABLE FOR ANY LOSSES, CLAIMS AND OR LIABILITIES INCURRED FROM YOUR USE OF THIS SITE, YOUR PATRONAGE OF ANY THIRD PARTY SERVICES, GOODS, PRODUCTS AND OR MERCHANDISE DISPLAYED ON THIS SITE. ALL TRANSACTIONS UNDERTAKEN ON THIS SITE IS UNDERSTOOD TO BE AT THE SOLE DISCRETION AND RISK OF THE USER AND OR THE CONTRACTING PARTIES.
2. GENERAL PROVISIONS:
Eligibility: Our Services are not intended for access or use by children, especially those under the age of 18. If you are under the age of 18, you may not access or use our website or provide information to us. By accessing or using our website, you represent that you have full legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state and or country (i.e., a minor), you need to review this Agreement with your parent or guardian before using our website. If your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use our website.
- Your Account, Username, Password and Other Credentials: You must register for an account to use our Services. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your username, password, financial details and other credentials (your "Credentials") that you may be asked to create to access our Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify 9TH Swift Technologies of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
User Conduct: You agree not to use 9TH Swift Technologies Services for any of the following purposes: - Illegal Activities: Any activity that is illegal or violates any applicable financial laws and or regulation, statutory regulations, lawful state directives and financial regulatory statutes.
- Fraud: Any activity that involves fraud, financial infractions, deception, or misrepresentation.
- Unauthorized Access: Gaining unauthorized access to our systems, or attempting to do so.
- Harmful Content: Transmitting any virus, worms, or other harmful code(s).
- Intellectual Property Infringement: Infringing on our or any third party's intellectual property rights.
- Compliance with Law: You agree to use 9TH Swift Technologies Services in compliance with all applicable laws, rules, and regulations, including but not limited to financial regulations, anti-money laundering (AML) laws, and know-your-customer (KYC) laws as applicable in Nigeria and in the particular State/Country of usage/access. By continuing to access and use this site/service you unequivocally acknowledge the existence and applicability of all such applicable laws, rules and regulations guiding the use and operation of this site.
3. DESCRIPTION OF SERVICES
9TH Swift Technologies provides the following Services:
- [Briefly describe your core service, e.g., "A digital wallet for managing your finances."]
- [Describe a secondary service, e.g., "Peer-to-peer money transfers."]
- [Describe a third service, e.g., "Budgeting and expense tracking tools."]
We reserve the right to modify, suspend, or discontinue the Services at any time without notice.
4. PRIVACY NOTICE:
In connection with your access to or use of our website, we may obtain information from or about you. We will use your information in accordance with this Agreement and within the express provisions of the Governing extant Laws in Nigeria.
5. ACCURACY OF YOUR INFORMATION & COMMUNICATION METHODS:
The information you submit to us through our Services, including as part of your account creation, registration or membership, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to our Services. We may send you information relating to your use of our Services (e.g., statutory registration status, payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to the email address provided during registration, if applicable. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. INTELLECTUAL AND OTHER PROPRIETARY RIGHTS:
Your access and use of our website and Content is for personal and commercial purposes only. The rights granted to you in this Agreement are subject to the following restrictions:
- Our Services include Content that is derived in whole or in part from content or materials supplied and owned by 9TH Swift Technologies, 9TH Swift Technologies’ licensors or third parties. As between 9TH Swift Technologies and you, 9TH Swift Technologies owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents and all other intellectual and proprietary rights throughout the world, whether registered or not in connection with our Services and Content.
- You acknowledge 9TH Swift Technologies’ valid intellectual and proprietary property rights in our Services and Content and that your use of our Services is limited to accessing, viewing and downloading of our Services and Content, as authorized by 9TH Swift Technologies. Nothing in this Agreement shall be deemed to convey to you any right, title or interest into such intellectual and proprietary property rights or to our website or Content, or to any portion thereof, except for the limited rights expressly granted herein.
- You may not either directly or through the use of any computer, tablet, phone or other device (each a "Device") or other means (including the use of a browser, software, program or code), remove, alter, interfere with or circumvent:
- any copyright, trademark, or other proprietary notices marked on our website or Content, or
- any digital rights management mechanism, device, or other content protection or access control measure associated with our Services or Content. You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our website (including any code used in any software) or Content.
- You may not either directly or through the use of a Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our website or Content unless expressly permitted by 9TH Swift Technologies in writing. You may not incorporate our website or Content into, or stream or retransmit our website or Content via, any hardware or software application or make our website or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate our website or Content with any third-party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate our Services, Content or any portion thereof. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures.
- You may not build a business, in whole or in part, resell, redistribute, re-circulate or make any other commercial use of, or create derivative works or materials utilizing any portion of our website (including any code used in any software) or Content, whether or not for profit.
- To the extent we make our website or Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another online service, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content.
- You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to view our website or Content without:
- displaying visibly both Content and all surrounding elements and
- having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality, and interactive or click-through functionality.
- Any future release, update, or other addition to functionality of our website or Content shall be subject to this Agreement. All copyright and other proprietary notices on any Newspaper, Services content or materials must be retained on all copies thereof. Modification or use of our website (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the copyrights and/or trademarks protected by law and this Agreement.
- If you provide 9TH Swift Technologies any feedback or suggestions for improving or regarding your use of our Services ("Feedback"), you hereby assign to 9TH Swift Technologies all rights in the Feedback and agree that 9TH Swift Technologies shall have the right to use such Feedback and related information in any manner it deems appropriate. 9TH Swift Technologies will treat any Feedback you provide to 9TH Swift Technologies as non-confidential and non-proprietary. You agree that you will not submit to 9TH Swift Technologies any information or ideas that you consider to be confidential or proprietary.
7. TERMINATION:
9TH Swift Technologies may terminate or suspend your access to all or any part of the Services, at our sole discretion, for any reason, including, without limitation, a breach of these Terms. Upon termination, your right to use the Services will immediately cease.
8. NO FINANCIAL ADVICE:
The Services are not intended to provide financial, investment, or legal advice. You should consult with a qualified professional for any such advice.
- "As Is" Basis: The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Accuracy of Information: While we strive to provide accurate information, we do not warrant that the information on the Services is complete, accurate, or current.
9. LIMITATION OF LIABILITY:
To the extent permitted by law, in no event shall 9TH Swift Technologies, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Services.
UNDER NO CIRCUMSTANCES SHALL 9TH Swift Technologies BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR SERVICES, ANY CONTENT POSTED ON OR THROUGH OUR SERVICES, OR CONDUCT OF ANY USERS OF OUR SERVICES, WHETHER ONLINE OR OFFLINE. YOU UNEQUIVOCALLY AGREE TO USE OUR SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS AND OR USERS, WHO MAY BE AFFILIATED WITH 9TH Swift Technologies OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE SHALL NOT BE TREATED AS A WARRANTY OF ITS EFFICACY FROM 9TH Swift Technologies TO THE EXTENT THAT 9TH Swift Technologies SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, INJURY AND OR LIABILITIES ARISING FROM AND OR ATTRIBUTABLE TO SUCH ADVICE.
Swift Technologies CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES.
10. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless 9TH Swift Technologies, its affiliates, or their respective officers, directors, employees, or agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
11. GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the Courts of the Federal Republic of Nigeria
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