Terms Of Service
Terms Of Service
These are the Terms of service (“Terms”) of your use and access to all products, subscriber based services, mobile applications (“Services”) and websites offered by AB Microfinance Bank Nigeria Limited (“AB Microfinance Bank”) or its numerous branches or affiliates. These Terms represent a legally binding agreement between you and AB Microfinance Bank. Please read the Terms carefully and be sure to understand the Terms before accessing any of our Services. Please note that these Terms apply to you each time you use and access our Services. Further note that your use of our Services is subject at all times to our Privacy Policy, which you are also advised to read and review carefully.
ACCEPTING THESE TERMS
By using or accessing our Services, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. If you do not agree to the Terms and our Privacy Policy, do not use or access our Services.
NO ENDORSEMENT
AB Microfinance Bank does not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of AB Microfinance Bank.
Our Services may contain links to sites on the internet which are owned and operated by third parties (the “External Sites”). You acknowledge that AB Microfinance Bank is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
CHANGE OF THESE TERMS
We reserve the sole right to modify the Terms and our Privacy Policy without prior permission from you or informing you. This relationship creates a contractual and legal duty on you to periodically check the Terms and stay updated on its requirements. If you continue to use the Services following such a change, this is deemed as consent by you to the so amended Terms.
OWNERSHIP OF INTELLECTUAL PROPERTY
All content on our websites, applications, including but not limited to designs, text, graphics, pictures, video messages, video, information, software, music, source code, software compilations, sound and other files, and their selection and arrangement (“Contents”), are the proprietary property of AB Microfinance Bank with all rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AB microfinance Bank’s prior written permission. You may not republish any Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. Any use of the Applications or the Applications Content other than as specifically authorized herein, without the prior written permission of AB Microfinance Bank, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless AB Microfinance Bank and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. The persons indemnified hereunder reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you are provided by AB Microfinance Bank on an “As is” and “As available” basis, unless otherwise specified in writing. AB Microfinance Bank makes no representation or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, products (including Software) or other services included on or otherwise made available, unless otherwise specified in writing. You expressly agree that your use of the Services and applications is at your sole risk.
To the full extent permissible by law, AB Microfinance Bank disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AB Microfinance Bank will not be liable for any damages of any kind arising from the use of the Services, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. In no event shall AB Microfinance Bank, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any procured using the services, or for any other claim related in any way to your use of the Services or any products.
GOVERNING LAW AND DISPUTE RESOLUTION
These and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard or giving effect to any principles or conflict laws that provide for the application of the law of another jurisdiction. Any dispute, demand, claim, or cause of action shall be settled exclusively through binding and confidential arbitration. The arbitration will take place in Lagos, Nigeria.