1. Introduction

The following terms and conditions govern your access and use of this website and related products and services. These terms and conditions also govern the content and services offered to you through the website. By accessing, using, printing, installing, or downloading any material from any of this website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change at any time at our discretion. Your use of this website after such changes are implemented constitutes your acknowledgment and acceptance of the changes.

If you do not agree to be bound by these Terms and Conditions, you may not enter this website, you must exit the website immediately and you may not use or access any of the site or print or download any materials from them. You may use and access the website only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites.

You affirm that you have read this Agreement and understand, agree to be bound and consent to its Terms and Conditions. You are solely responsible for obtaining access to the website and that access may involve third-party fees (such as Internet service provider or airtime charges); you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the website and we will not be responsible for your inability to access and/or use the Website, either optimally or at all.

  1. Registration and Account
  2. You may not register with our website if you are under 18 years of age (by using our website or agreeing to these GTCs you warrant and represent to us that you are at least 18 years of age)
  3. If you register for an account on our website, you will be asked to provide an email address/user ID and password and you agree to
  • keep your password confidential
  1. notify us in writing immediately (using our contact details provided on the website) if you become aware of any disclosure of your password
  2. be responsible for any activity on our website arising from any failure to keep your password confidential and you may be held liable for any losses arising from such a failure
  3. Your account shall be used exclusively by you, and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk
  • We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these GTCs, we will refund you in respect of the same.
  • You may cancel your account on our website by contacting us.

 

  1. Use of Material

The contents of the Sites, including but not limited to text, artwork, names, logos, trademarks, service marks, software, video, music, sound, photographs, graphics, illustrations and other material (“Material”) are protected by the applicable copyright laws. You may only access and use the website, or any of the information or materials provided on the website in a lawful manner. We authorize you to view and download a single copy of the material on the Sites solely for your personal, non-commercial use. You may not sell or modify the material or reproduce, display, distribute, or otherwise use the material in any way for any non-private, public or commercial purpose without our written consent. If you violate any of these Terms, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.

  1. Use of Website and Mobile Applications

You may:

  1. view pages from our website in a web browser
  2. download pages from our website for catching in a web browser
  • print pages from our website for your own personal and non-commercial use provided that such printing is not systematic or excessive
  1. stream audio and video files from our website using the media player on our website; and
  2. use our website services by means of a web browser subject to the other provisions of these GTCs.
  3. Except as expressly permitted the other provisions of these GTCs, you must not download any material from our website or save any such material to your computer
  • You may only use our website for your own personal and business purposes in respect of purchasing products on the website
  • Except as expressly permitted by these GTCs, you must not edit or otherwise modify any material on our website
  1. unless you own or control the relevant rights in the material you must not
  2. republish material from our website (including republication on another website)
  3. sell rent or sub-license material from our website
  • show any material from our website in public
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.
  1. Notwithstanding, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
  • We reserve the right to suspend or restrict access to our website to areas of our website and/or to functionality upon our website. We may for example suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass or attempt to circumvent or bypass any access restriction measures on the website.

You must not:

  1. use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website
  2. use our website in any way that is unethical unlawful illegal fraudulent or harmful or in connection with any unlawful illegal fraudulent or harmful purpose or activity
  • hack or otherwise tamper with our website
  1. probe scan or test the vulnerability of our website without our permission
  2. circumvent any authentication or security systems or processes on or relating to our website
  3. use our website to copy store host transmit send use publish or distribute any material which consists of (or is linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit or other malicious computer software
  • impose an unreasonably large load on our website resources (including bandwidth storage capacity and processing capacity
  • decrypt or decipher any communications sent by or to our website without our permission
  1. conduct any systematic or automated data collection activities (including without limitation scraping data mining data extraction and data harvesting) on or in relation to our website without our express written consent
  2. access or otherwise interact with our website using any robot spider or other automated means except for the purpose of search engine indexing
  3. use our website except by means of our public interfaces
  • violate the directives set out in the robots.txt file for our website
  • use data collected from our website for any direct marketing activity (including without limitation email marketing SMS marketing telemarketing and direct mailing); or
  • do anything that interferes with the normal use of our website.

 

  1. Use of your Information and Privacy

We may hold and use your information provided by you in the course of accessing the website for a number of reasons, which may include but not limited to:

  1. Monitoring your access for business purposes such as marketing, product research and development, customer service, prevention of unauthorized use of our systems; providing value added services; improving the content of the website
  2. Carrying out activities in connection with a legal, governmental or regulatory requirement on the Bank, in connection with legal proceedings; or in respect of crime or fraud prevention, detection or prosecution. We will take all reasonable steps to use or disclose users’ personal information only in the manner stated in the Terms and Conditions. Personal information shall refer to all private information about an identifiable individual, such as a user’s name, contact details, identity number, and age. Such information may be collected through various means such as feedback forms, forums, emails, etc. Top of Form Some areas of the website may require the user to submit information in order for the user to register for certain services or benefits, for example newsletter subscriptions or to participate in a particular activity.

You hereby agree that we may collect, use and store your personal information; we shall not disclose, for commercial gain or otherwise, users’ personal information other than as set out in these terms and conditions. We may disclose the information to our affiliates or to third parties contracted or employed by us to provide services for or to Octave Partners Limited, including for example, website hosting and development, financial services, delivery services, and other support services. The third parties require access to users’ personal information to perform their functions and not for any other purposes and we will take all reasonable steps to ensure the confidentiality and non-disclosure of your personal information. We may also disclose your personal information to governmental agencies, and other regulatory or self-regulatory bodies if we are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process; protect and defend the rights, property or safety of Octave Partners Limited, its affiliates or their customers; prevent or deal with fraud or the abuse, misuse or unauthorized use of the Sites; and/or protect the rights, property or safety of members of the public (if a user provides false or deceptive information about him/herself or misrepresents him/herself as being someone else, we will proactively disclose such information to the appropriate regulatory bodies and commercial entities).

You further agree that we may use your personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to the user by a third party.

You hereby acknowledge that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from you to our website. Where you provide particularly sensitive personal information such as passwords, ID numbers, or other sensitive information on this site, it is your responsibility to safeguard them.

 

  1. Copyright and Trademarks

Subject to the express provisions of these GTCs, we, together with our licensors own and control all the copyright and other intellectual property rights in our website and the material on our website and all the copyright and other intellectual property rights on our website and the material on our website are reserved.

Octave’s logos and trademarks are trademarks belonging to us we do not permit the use of these trademarks, and such use may constitute an infringement of our rights.

  1. Data Privacy

Buyers agree to the processing of their personal data in accordance with the terms of Octave’s Privacy Policy. Octave shall process all personal data obtained through the website and related services in accordance with the terms of our Privacy Policy.

  1. Due Diligence and Audit Rights

We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the website. You agree to provide us with all such information documentation and access to your business premises as we may require:

  1. in order to verify your adherence to and performance of your obligations under these GTCs
  2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
  • as otherwise required by law or applicable regulation.

 

  1. Limitations and Exclusions of Liability

Nothing in these GTCs will limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities or statutory rights that may not be excluded under applicable law.  In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

Our aggregate liability to you in respect of any contract to provide services to you under these GTCs shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the website shall constitute a separate contract for the purpose of this section. Notwithstanding we will not be liable to you for any loss or damage of any nature including in respect of:

  1. any losses occasioned by any interruption or dysfunction to the website
  2. any losses arising out of any event or events beyond our reasonable control
  • any business losses including (without limitation) loss of or damage to profits income revenue use production anticipated savings business contracts commercial opportunities or goodwill
  1. any loss or corruption of any data database or software; or
  2. any special indirect or consequential loss or damage.

We accept that we have an interest in limiting the personal liability of our officers and employees and having regard to that interest you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these GTCs (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third-party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Indemnification

You hereby indemnify us and undertake to keep us indemnified against:

  1. any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these GTCs or the Octave codes, policies or guidelines; and
  2. any VAT liability or other tax liability that we may incur in relation to any services rendered through our website where that liability arises out of your failure to pay withhold declare or register to pay any VAT or other tax properly due in the territory.

 

  1. Breaches of these General Terms and Conditions

If we permit the registration of an account on our website, it will remain open indefinitely subject to these GTCs. If you breach these GTCs or if we reasonably suspect that you have breached these GTCs or any Octave codes, policies or guidelines in any way, we may:

  1. temporarily suspend your access to our website
  2. permanently prohibit you from accessing our website
  • block computers using your IP address from accessing our website
  1. contact any or all of your internet service providers and request that they block your access to our website
  2. suspend or delete your account on our website; and/or
  3. commence legal action against you whether for breach of contract or otherwise.

Where we suspend prohibit or block your access to our website or a part of our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Entire Agreement

13.1. These GTCs and the Octave, codes, policies and guidelines shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Variation

We may revise these GTCs and the Weststar codes, policies and guidelines from time to time. The revised GTCs shall apply from the date of publication on the website.

  1. No Waiver

No waiver of any breach of any provision of these GTCs shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these GTCs.

  1. Severability

If a provision of these GTCs 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 GTCs 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.

  1. Assignment

You hereby agree that we may assign, transfer sub-contract or otherwise deal with our rights and/or obligations under these GTCs. 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 GTCs.

  1. Third-party Rights

A contract under these GTCs is for our benefit and to your benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these GTCs is not subject to the consent of any third party.

  1. Law and Jurisdiction

These GTCs shall be governed by and construed in accordance with the laws of the territory. Any disputes relating to these GTCs shall be referred to mediation at the instance of either Octave or the buyer, to the Lagos Multi-Door Court House (“LMDC”) through a Mediator that shall be appointed by the LMDC on behalf of the parties. The decision of the Mediator shall be final and binding on the parties and shall be enforced as if it is the judgment of the Court.

  1. Our Company Details and Notices

You can contact us by using the contact details listed on this website. You consent to receive notices electronically from us. We may provide all communications and information related to your use of the website in electronic format either by posting to our website or application or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you