Terms and Conditions

Terms and Conditions

You confirm that you have had an adequate opportunity to read and understand the terms and conditions, and that you are aware of all the terms printed in bold. Please contact us if you need further explanation of anything referred to herein or related to the use of the Business Zone You may contact us at our email address smehelpdesk@fcmb.com or speak to a consultant at any First City Monument Bank branch or call our helpline- 012904486

By using this platform, you unconditionally agree to be bound by laws, rules, regulations and official issuances applicable on the matter, now existing or which may hereinafter be enacted, issued or enforced. These terms and conditions comprise the agreement between First City Monument Bank Limited (“FCMB”) and the Merchant in connection with the display of its products and services on this platform.

“Account” means the unique user identification and password assigned to each Merchant by FCMB for use on the Platform.

“Agreement” means these Terms and Conditions and any annexures hereto,

“Commencement Date” means the date of execution of this Agreement by the Parties.

“Intellectual Property” means “any patent, copyright, registered design, trademark or other industrial or intellectual property right in respect of the Platform and/or any other applications.

“Merchant, You or Your” means the Customer of FCMB desirous of displaying its services on this platform

“Parties” means FCMB and the Merchant

“Services” mean features provided by FCMB on the Platform and all other aspects of the Platform including Merchant user content which may be subject to change from time to time.

“FCMB Business Zone” means the FCMB web service where Merchants can display their services for the general public to view and purchase same.

“Webpage” means the space provided by and allocated to the Merchant on the Platform where a Merchant can display its Products for the general public to view and purchase same.

“Website Consultant” means a designated web consultant appointed by FCMB to audit or carry out other services on the Platform on a periodic basis or as directed by FCMB from time to time.

COMMENCEMENT AND TENURE This Agreement shall take effect from the date hereof and shall continue and be in force until terminated in line with the provisions of this Agreement.

The Merchant shall establish and maintain its Webpage, including the contents of same in line with the terms of this Agreement and as specified by FCMB from time to time.

The Merchant shall ensure that information provided on its Webpage is accurate and complete and in the form specified by FCMB from time to time.

The Merchant shall keep its Account confidential and shall promptly notify FCMB of any unauthorized use of its Account.

The Merchant shall be available upon request by FCMB to resolve any issues relating to its Webpage and resolution of complaints and disputes from individuals patronizing the Merchant's webpage.

The Merchant shall comply with requests from FCMB to conduct due diligence and establish the true identity, nature, ownership, source of funds, operational and transaction history of the business

The Merchant shall publicly disclose on its Webpage its delivery, fulfillment and returns policies and also ensure that it is at all times compliant with same.

The Merchant is prohibited from the display, sale of any products or engagement in any activity declared illegal under the Law including but not limited to narcotics, hard drugs, firearms, tobacco or tobacco products, armament productions, casino or companies where the principal source of income is gambling, Immoral and illegal activities, including but not limited to the display of pornographic photographs or materials or the sale of pornographic products, production or activities involving harmful or exploitative forms of forced labor and/or child labor, trade in wildlife or wildlife products that have been expressly prohibited by Law for public sale, production or trade in radioactive materials, unbounded asbestos fibers, and hazardous chemicals; and investments harmful to the environment or any item which may cause public offence or has been expressly prohibited by Law.

The Merchant shall ensure that sizes of the images pasted on its Webpage shall be as prescribed by FCMB from time to time to ensure that the Platform functions at optimal capacity.

The Merchant shall not switch from the sale of one category of Products to the other without the express written permission of FCMB.

The Merchant shall ensure the safety and security of all data or any information stored on its Webpage

In addition to the obligations listed above, the Merchant shall be held by all other Fees, Rules & Regulations stipulated by this platform as concerns payments, operations, refunds, and fulfillment. Please visit the following link for details of this: XXXXXXXXXX

FCMB shall be responsible for the provision of the Services and shall grant the Merchant access to the use of the Services provided that the Merchant is in compliance with the terms of this Agreement.

FCMB shall provide parameters for the provision of images and videos of the Products to be displayed on the Platform and the content of the information to be uploaded on the Platform and Webpage

FCMB shall as much as it is within its ability, endeavor to provide necessary administrative and technical support for the Platform.

FCMB may revise the terms and conditions of this Agreement from time to time.

The Merchant hereby represents and warrants to FCMB as follows:

That the Merchant is duly incorporated, validly existing and in good standing under the laws of Nigeria and has the legal authority to enter into this Agreement

That the Merchant has the requisite skills, experienced management, certified personnel and technology to execute the services stated herein.;

That all the information relating to the Merchant or otherwise relevant to the matters contemplated by this Agreement which have been provided to FCMB by the Merchant are true and correct in all respect and shall notify FCMB of any material change in such information;

The Merchant represents that it shall comply with all applicable privacy, consumer and other laws and regulations with respect to the Services

The following and a breach of any of the terms of this Agreement by the Merchant shall constitute an event of default under this Agreement:

If any representation, warranty or statement made or deemed to be made by the Merchant is or proves to have been incorrect or misleading in any material respect;

If any corporate action, legal proceedings or other procedure or step is taken against the Merchant;

If any event, fact or circumstance which has or could in the opinion of FCMB be likely to have a material adverse effect on the ability of the Merchant to perform any of its obligations under this Agreement;

Any other reasons which in the sole opinion of FCMB constitutes an event of default and such decision is taken in the best interest of the general public.

In the event of any default of any obligation by the Merchant pursuant to this Agreement, FCMB reserves the right to terminate this Agreement immediately without notice and Merchants shall lose their access to their Webpage and Services therein terminated immediately.

Without prejudice to any remedy or right reserved by the Parties, FCMB may terminate this Agreement or suspend the Merchant's access to the Services at anytime without notice to the Merchant for the violation of any of the terms of this Agreement.

The Merchant shall give FCMB a 14 day notice of its intention to discontinue the use of the Services.

This Agreement shall automatically terminate if:

The Merchant is wound up or goes into liquidation or for any reason ceases or threatens to cease to carry on its business or transfers its business;

The obligations of the Merchant become prohibited by law or any other regulatory authority;

The Merchant fails to perform its obligations under this Agreement in accordance with the agreed terms and conditions of this Agreement and any further terms and conditions as may be advised by FCMB from time to time.

If any event or series of events occurs which may render the Merchant unable to comply with its obligations under the terms of this Agreement, or any other agreement between the Parties;

If the Merchant carries out any act that will or is likely to have a material adverse effect on the reputation, image and goodwill of FCMB;

Upon termination of this Agreement, the Merchant shall return to FCMB all the properties and materials of FCMB that are in the Merchant's possession.

The Merchant recognizes and acknowledges that FCMB shall be providing the Services on the Platform on an “as is” basis.

The Merchant agrees to indemnify and keep FCMB indemnified against all losses, damages, claims, costs, adverse judgement, legal costs, professional or attorney's fees and other expenses of any nature whatsoever incurred or suffered by FCMB whether direct or consequential (including any economic loss on turnover, profit, business or goodwill) as a result of or in connection with or in any way related to the use of the Platform under this Agreement or the use of its website which users on the Platform may be directed to access and the Merchant shall be liable for any loss or damage suffered by FCMB as a result of such action and upon demand reimburse FCMB for any such loss or damages.

In the event of any proceeding, litigation or suit against FCMB by any regulatory agency or in the event of any court action or other legal or judicial proceeding challenging or otherwise arising out of any matter herein contemplated, the Merchant shall co-operate fully with FCMB in the preparation of the defense of such action or proceeding and also co-operate with FCMB and its attorneys, as may be required.

The foregoing indemnification obligations shall survive the termination of this Agreement.

The Merchant agrees that except as otherwise set forth herein, all right, title and interest in and to all registered and unregistered trademarks, service marks and logos, patent, patent applications and patentable ideas, inventions, trade secrets, proprietary information and know-how, registered and unregistered copyrights including without limitation to any forms, images, audio-visual displays, text, soft-ware and all other intellectual property, proprietary rights or rights related to intangible property which are used, developed, embodied in the Services are owned by FCMB and agrees to make no claim of interest in or ownership of any such FCMB's intellectual property. The Merchant further agrees that no title to FCMB's proprietary right is transferred to the Merchant, and that the Merchant does not obtain any rights, express or implied by use of the Platform.

The Merchant shall be authorized to use its trademarks on the Platform and shall not infringe on the rights of third parties. The Merchant agrees that the display of its products or designs on the Platform shall not infringe on the intellectual rights of any third parties and that it shall not rent, sell, resell, lease, sublicense or loan the components of the Service therefrom.

The Merchant shall establish an Account with FCMB for the Products. Such Account shall not in any way be misleading, offensive or infringing. The Merchant shall be responsible for keeping its Account and password secure and prevent same from unauthorized use. The Merchant is responsible for all activities relating to its Account.

FCMB shall appoint a Website Consultant whose responsibility shall be to audit and maintain the Platform from time to time to ensure the Platform is being operated legally and that no offensive contents or images are posted on the Merchant's Webpage. The Website Consultant reserves the right upon giving prior notice to FCMB to suspend or delete the Webpage of any Merchant who breaches any term of this Agreement..

The Merchants represents that they are not less than 18 years of Age in the case of the Proprietor of a Business Enterprise or persons representing Merchants who are Limited Liability Companies are not less than 18 years of Age.

FCMB may provide the Merchant with its confidential information in oral or electronic form in furtherance of this Agreement. The Merchant agrees to keep any such confidential information confidential and not to disclose it to any third party, other than its employees and directors on a need-to-know basis, without the prior written consent of FCMB, save as required by law or regulation. The confidential information shall exclude any information that is in the public domain in the same format or context. This clause shall survive the expiration or termination of this Agreement.

The Merchant acknowledges that the unauthorized disclosure of confidential information to a third party may cause loss or damage to FCMB. Accordingly the Merchant hereby indemnifies FCMB against any loss, claim or damage arising from a breach of the confidentiality obligations under this Agreement;

The Merchant hereby covenants that it shall not during the subsistence of this Agreement, assign all or any portion of its obligations under this Agreement to any other individual, body or corporation.

Except as expressly set forth above; FCMB or any of its agents make no warranty of any kind, express, implied or statutory regarding the Services or this Platform.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website nor do we commit to ensuring that the Platform remains available or un-interrupted, error free or that the material on the Platform is kept up-to-date or that all errors shall be corrected.

Notwithstanding anything to the contrary herein contained, neither Party shall be liable or responsible for failure to perform or delay in performance of any of its obligations under this Agreement if such failure or delay is due to or attributable to any act of God, war, warlike conditions, hostilities, riots, civil commotion, or any other cause or circumstance of whatsoever nature beyond the reasonable control of either Party. Such Force Majeure situation shall be notified to the other Party within 15 days from the occurrence of the same. If such situation continues for a period of 3 months the other party shall be entitled to terminate the Agreement on the expiry of the said period after duly intimating the same to the other Party;

If any provision of this Agreement is held by a court of law to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provision of this Agreement and without having any effect whatsoever on the validity or enforceability of this Agreement.

This Agreement shall be governed by the laws of the Federal Republic of Nigeria and any disputes arising therefrom shall be subject to the Nigerian Courts.;

FCMB and The Merchant hereby expressly acknowledge and agree that regarding the relationship between the parties created by this Agreement:

The parties are not, and shall not be deemed, joint ventures or partners;

The Merchant is not, and shall not be deemed, an agent of FCMB.

I (We) have read the Terms and Conditions as stated above and I (We) agree to its contents.

Disclaimer

Disclaimer Welcome to the FCMB Business Zone. Your use or consistence use of this Portal implies that you agree to abide with and shall be bound by the following Terms of Service which govern First City Monument Bank Limited’s (“FCMB”) relationship with you or the Merchant (“Merchant”) in relation to this Portal.

FCMB provides no guarantees, warranties or representations whether express or implied as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Merchant’s webpage or this Portal for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this Portal is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this Portal meet your specific requirements and under no circumstance shall FCMB be held accountable for your reliance on any information obtained through the Portal.

From time to time, this Portal may also include links to other Websites. These links are provided for your convenience to provide further information. It does not mean that we endorse the Website(s) or constitute an endorsement of any Merchant’s services or no representations or warranties regarding the said third party information. We shall also have no responsibility for the content of the linked Website(s). We do not guarantee that the function or operation of this Portal will be error-free and un-interrupted and without prejudice to the generality of the foregoing paragraphs do not also warrant that this Portal shall be constantly available. We shall not accept responsibility for content, accuracy or compliance with applicable laws.

Under no circumstance shall FCMB be liable for any direct, indirect or consequential loss or damage arising from loss of data or profits arising out of, or in connection with the use of this Portal or the infringements of any proprietary rights whether registered or unregistered.

FCMB has no control over the Merchant’s Website and accepts no responsibility whatsoever for quality, defects and delivery of goods or services and payment made through the Merchants’ Portal, neither does a link to the Merchant’s Website constitute an endorsement of the Merchant’s product and services.

You hereby indemnify and hold FCMB, its Directors, Officers, Employees, Agents or any of its Representatives harmless from and against any and all claims, losses, demands, attorney’s fees including without limitation any direct or indirect, special, incidental or consequential losses either arising out of or relating to the use of the Merchant’s Portal/Website or any website which I may be directed to.

FCMB shall not accept responsibility for the content or accuracy of the Merchant’s Website’s, compliance with applicable laws nor be responsible for any defects in the goods/services purchased, nor the merchantability or fitness of purpose of the goods or the exercise of reasonable care and skill by the Merchant.

This disclaimer may be reviewed from time to time without notice to you. The revised disclaimer shall apply to the use of the Portal from the date of the publication of the revised disclaimer on the Portal.

Any dispute arising from the continued use of this Portal shall be subject to the Laws of the Federal Republic of Nigeria and the exclusive jurisdiction of the Courts in Nigeria