These terms and conditions are provided to the customers (also referred to here as “Users”, and “You”) of CapitalMetriQ Swift Bank (which shall comprise CapitalMetriQ Swift Bank Microfinance Bank Limited), with the understanding that use of its services constitutes an agreement (the “Agreement”) to be bound by these terms. These terms shall be applicable to all CapitalMetriQ Swift Bank applications including the web platform, APIs, software applications (“Apps”) and/or payment platforms offered by CapitalMetriQ Swift Bank (the “Platform”).
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and CapitalMetriQ Swift Bank will be resolved by arbitration
CapitalMetriQ Swift Bank may update these Terms from time to time, and the latest version will be posted on the Platform. By accessing the Platform after the Terms are updated and posted, you agree to those changes. Accordingly, you should periodically review these Terms as they appear from time to time on the Platform. Material changes will be conspicuously posted on the Platform.
Without prejudice to CapitalMetriQ Swift Bank's other rights under these Terms, if you breach these Terms in any way, CapitalMetriQ Swift Bank may take such action as CapitalMetriQ Swift Bank deems appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform —subject to the Terms and the following restrictions in particular:
CapitalMetriQ Swift Bank’s Intellectual Property: The Platform including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of CapitalMetriQ Swift Bank or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, or any other intellectual property belonging to us is strictly prohibited and may be prosecuted to the fullest extent of the law. No other use of the Platform content is permitted without our express prior permission in writing and where applicable, the copyright holder.
The Platform may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Other trademarks, service marks or logos that appear on the Platform are the property of their respective owners. Trademarks must not be used without the express written permission of the applicable trademark owner.
The Platform may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Platform or Services are unavailable, or if you lose any data or information for any reason.
THE PLATFORM, SERVICES, USER INFORMATION, AND ANY OTHER MATERIALS MADE AVAILABLE OR THROUGH THE USE OF THE PLATFORM OR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. CapitalMetriQ Swift Bank MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE PLATFORM ARE ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. CapitalMetriQ Swift Bank DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM. CapitalMetriQ Swift Bank DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. CapitalMetriQ Swift Bank IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CapitalMetriQ Swift Bank EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ALL WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ALL WARRANTIES REGARDING AVAILABILITY, QUALITY, ACCURACY, AND COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS. CapitalMetriQ Swift Bank HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR INFORMATION. CapitalMetriQ Swift Bank MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER ALL OR ANY PORTION OF THE SERVICES ARE TAX DEDUCTIBLE. CapitalMetriQ Swift Bank WILL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL OR STATE TAX AUTHORITY WITH RESPECT TO THE CHARACTERIZATION BY YOU OR ANY USER ON EACH OF THE APPLICABLE FEDERAL AND STATE TAX RETURNS.
USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE PLATFORM, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE PLATFORM ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN NIGERIA. IF YOU CHOOSE TO ACCESS THE PLATFORMS FROM LOCATIONS OTHER THAN NIGERIA, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM CapitalMetriQ Swift Bank OR IN ANY MANNER FROM THE PLATFORM CREATES ANY WARRANTY.
You agree to indemnify, defend and hold harmless CapitalMetriQ Swift Bank, its affiliates, sponsors, enablers, supporters, and its and their respective officers, directors, owners, employees, agents, contractors, representatives, licensors, information providers, and any other service or software providers (together, the “CapitalMetriQ Swift Bank Parties”) from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs and expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of or in connection with (i) your breach of these Terms; (ii) any negligence, gross negligence or willful misconduct by or on behalf of you or your employees or agents; or (iii) your access to or use of the Platform or your misuse of any material, data, or other information downloaded or otherwise obtained from the Platform. CapitalMetriQ Swift Bank reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CapitalMetriQ Swift Bank in the defense of such matter.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL CapitalMetriQ Swift Bank PARTIES’ LIABILITY TO YOU EXCEED N1,000, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CapitalMetriQ Swift Bank PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR YOUR ACCESS TO OR USE OF THE PLATFORM (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE PLATFORM) OF WHICH YOU AGREE TO RELEASE CapitalMetriQ Swift Bank, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF A CapitalMetriQ Swift Bank PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE (EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER OR MOBILE DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES; (F) ANY COMMUNICATIONS OR OTHER INTERACTIONS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
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