Terms and Conditions
Last modified on 27 June, 2023These Terms and Conditions represent an agreement between you and “COINNEWSEXTRA GLOBAL LTD” (hereinafter referred to as Coinnewsextra) and it contains principles governing your registration and all interaction with Coinnewsextra., and is hereby adopted by you and Coinnewsextra.
These terms and conditions are “incorporated by reference” into relevant document such as agreements and invoices, and provide specific, direct instructions on how to access these products/professional services. These online terms and conditions are subject to change. By interacting with us and accessing our products/professional services, you agree to be bound by these Terms and Conditions and our Privacy Policy. At the instance that you do not agree to all these provisions as contained herein and in our Privacy Policy, you may discontinue, stop, not use, or not access our Products/professional services in any manner. In this Terms and Conditions, the use of You and your is to be interpreted to mean the person who interact, uses, or accesses our Products/professional services. Also, in reference to We, us, and our mean Coinnewsextra and its successors, and assignees. As used in these Terms and Conditions, User Account means the account you have with us for our Products/professional services.
WHAT ARE THE REQUIREMENTS TO USE THESE PRODUCTS/PROFESSIONAL
SERVICES?
The following applies to you to enable access to our Products/professional services, you must:
(a) Accept these Terms and Conditions and other related policies and
(b) Register with us;
(c) At the time of your registration have a legal status. Thus, for entities other than individuals - the attainment of incorporation/registration at the Corporate Affairs Commission and any other regulatory governing body. For individuals- must have attained citizenship of Nigeria (or a legal Nigerian resident or as permitted by Law) of at least 18 years of age (or as dependent on the age of maturity as stipulated by your state of your residence in Nigeria); If you have NOT yet attained at least 18 (eighteen) years of age, you hereby agree and acknowledge that your election to use our Products/professional
(d) Have a Bank Account with a Nigerian financial institution;
(e) Meet certain requirements that are specific to the product/professional services èè⁴type, if any;
(f) Read, properly execute, and perform all obligation under the engagement agreement and any other documentation that is specific to the product type, and participate in any official meeting that is necessary for smooth project implementation;
(g) Provide to us all accurate, up-to-date, and comprehensive information as we may request from you from time to time (herein after collectively referred to as, User Information) and you agree not to misrepresent your identity or your User Information. You must notify us at least three Business Days before any changes to your banking information, including, but not limited to, the closure of your Bank Account for any reason by contacting us via email or by updating your Account via the Website.
When you register for the Products/professional services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
• A copy of your government-issued photo ID, such as a passport or driver’s license/official registration document.
• A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and
• Such other information and documentation that we may require from time to time.
PLEASE NOTE: By virtue of your using our Products/professional services and providing to us your User Information, you hereby automatically authorize us, without any time limit or the requirement to pay any fees, to obtain, either directly or indirectly; through our third-party Product providers and/or other third-party websites and databases, information about you as necessary to provide the Products/professional services to you. For this to be effective, you herewith grant and appoint Coinnewsextra and our third-party Product providers a limited power of attorney (as your true and lawful attorney-in-fact and representative) with full power of substitution and resubstituting, for you and in your name, place, and stead, in all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information with the full power and authority to do and perform each act and thing requisite to be done, as fully to all intents and purposes as you might do in person.
In so doing, you agree that when Coinnewsextra or our third-party Product providers access and retrieve information from such third-party websites, Coinnewsextra and our third-party Product providers are acting as your agent, and not the agent or on behalf of the third party. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You agree that the Products/professional services are not endorsed by any third-party account providers accessible through the Products/professional services. We make no effort to review information obtained from the financial institution holding your Bank Account and third-party websites and databases for any purpose, including, accuracy, legality, or non-infringement. As between Coinnewsextra and our third-party Product providers, Coinnewsextra owns your confidential User Information. For the purposes of compliance, please note that this means you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information.
That to fully access and subscribe for any of our Products/professional services, you may be required to create an account and in which case You will be given (or may provide) a username and password. You accept full and sole responsibility for all use of the Platform and as such accept the duty to always keep the adopted password secret and has a further duty to notify the Platform immediately there is any reason to believe that the adopted username or password have been lost or compromised or misused in any way and to also immediately report any unauthorized or suspicious activity on your account. The information you provide us is subject to our Privacy Policy. In order to access and retain Communications provided to you electronically, you must have: (1) a genuine, active and valid email address; (2) a stable network connection to the Internet; (3) an up-to-date website browser such as latest version of Mozilla Firefox; (4) an up-to-date type of a program that accurately reads and displays files such as PDF; (5) a functional computer device with an operating system which is capable of supporting all of the above; and (6) an operational printer for printing or any electronic system useful to store and retain any communication in an electronic form.
INDEMNITY.
At our request, you agree to defend and hold harmless Coinnewsextra, its employees, officers, directors, agents, affiliates and third-party product providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, and expenses (including reasonable attorneys’
fees) arising from or in any way related to any third-party claims relating to your use of the Products/professional services, violation of these Terms and Conditions, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties 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.
LIMITATION OF LIABILITY.
To the fullest extent permitted by applicable law, you agree that Coinnewsextra, its affiliates, and its and their respective employees, officers, directors, agents, and third-party Product providers will not be liable to you or any third party for (a) the performance of the Products/professional services or the inability to use the Products/professional services; (b) any indirect, incidental, special, consequential, punitive, or exemplary damages, whether based in contract, tort, or otherwise, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if such persons have been advised of the possibility of such damages, which arise out of or are in any way connected with these terms and conditions, the Products/professional services, or content; (c) any amount, in the aggregate, in excess of the greater of 5,000 naira or the amount transferred from your debit card to your Coinnewsextra account via the Products/professional services; or (d) any event beyond our reasonable control.
WARRANTY DISCLAIMER.
Without limiting the foregoing, we and our third-party Product providers make no warranty that (a) the Products/professional services will meet your requirements, (b) the Products/professional services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Products/professional services will be accurate or reliable, (d) the quality of any products/professional services, Products/professional services, information, or other material purchased or obtained by you through the Products/professional services will meet your expectations, or (e) any errors in the Products/professional services will be corrected. No oral or written information or advice obtained by you from us or our third-party Product providers through or from the Products/professional services will create any warranty not expressly stated in these terms and conditions.
To the fullest extent permitted by applicable law and except as otherwise expressly provided in these terms and conditions, you expressly understand and agree that your use of the Products/professional services and all information, products/professional services, and other content (including that of third parties) included in or accessible from the Products/professional services is at your sole risk. The Products/professional services are provided on an as is and as available basis without any warranty of any kind. to the maximum extent permitted by applicable law, we and our third-party Product providers expressly disclaim any and all conditions, representations, and warranties of any kind as to the Products/professional services and all information, products/professional services, and other content (including that of third parties) included in or accessible from the Products/professional services, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.
Any material downloaded or otherwise obtained through the Products/professional services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
GOVERNING LAW AND DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER.
These Terms and Conditions are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles that provide for the application of the law of another jurisdiction. For all controversies, disputes, claims, or causes of action between you and us relating to the Products/professional services or these Terms and Conditions (as well as any related or prior Terms and Conditions that you may have had with us), you and we agree to resolve any such controversy, dispute, claim, or cause of action exclusively through binding and private arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, we and us mean Coinnewsextra and its subsidiaries, affiliates, predecessors, successors, and assigns and all its and their respective employees, officers, directors, agents and shall include any third party providing any product, or benefit in connection with the Products/professional services or these Terms and Conditions (as well as any related or prior Terms and Conditions that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, claim, or cause of action subject to this Section.
Unless otherwise agreed upon by the parties in writing, your rights will be determined amicable means, failing to do so, by a neutral arbitrator from the Chartered Institute of Arbitrators, UK, Nigeria Branch, with substantial experience in resolving commercial contract disputes and NOT a judge or any third party. Arbitration will be subject to the Federal Arbitration Act (Nigeria Arbitration and Conciliation Act, Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the Rules and Procedures) and not any state arbitration law. At all times, the arbitration procedures may be simpler, less complex than rules applicable in court, and subject to limited review by a court. Arbitrators’ decisions are as enforceable as any court order.
PLEASE NOTE: To the extent permitted by applicable law, you are giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and if such matter is only pending in that court. Additionally, notwithstanding this Terms and Conditions to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Both parties must abide by the following rules: (A) any claims brought by either party must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms and Conditions, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees
and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Coinnewsextra Account and these Terms and Conditions as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its Terms and Conditions as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither party will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
YOUR CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
To the extent that is permitted by applicable law, you consent to use electronic signatures and you consent to receive all records, notices, statements, communications, and other items, electronically, intended for our Products/professional services provided to you under these Terms and Conditions and in connection with your relationship with us (herein after collectively referred to as, Communications) that we may otherwise be required to send or provide you in paper form. By so doing, you represent that: (1) you have read and understood this consent; (2) this consent will remain in effect up until your withdrawal. Please note that you have a right to withdraw your consent exercisable, at any time. If you withdraw your consent, we may resort to traditional means (that is, with appending signatures using pen on paper and sending communication via courier and any other means convenient for you, if practicable) or at the most, totally closing your account, if necessary. In the light of this, such notices will become effective only upon a reasonable period after written notice of your intention to withdraw is received by our Customer Product Department; and (3) the minimum hardware and software program requirements is satisfied by you as stipulated below.
ADDITIONAL TERMS AND CONDITIONS.
In conjunction with your access or use of the Products/professional services, you may be subject to additional Terms and Conditions, rules, policies, and conditions that are posted on the Website, including, but not limited to, Terms and Conditions and conditions for our referral or rewards programs (the “Additional Terms and Conditions”), which are hereby incorporated by reference into these Terms and Conditions. In the event of a conflict between any Additional Terms and Conditions and these Terms and Conditions, these Terms and Conditions will control.
GENERAL TERMS.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Products/professional services, if we may, in our sole discretion, do any of the foregoing on your behalf or for us. If you are subscribing to our Products/professional services, that does not in any way vest voting or controlling rights over the management or decision-making process of the Coinnewsextra and does not in any way create any rights associated shares, stocks or debenture holding, employer and employee relationship,
partnership, or Joint Venture relationship among other relationships except such relationship as is expressly created from the literal construction of the words of this Agreement. Thus, you do not have any authority of any kind to bind Coinnewsextra in any respect whatsoever.
You agree that our third-party Products/professional services providers are third-party beneficiaries of the applicable provisions of these Terms and Conditions, with all rights to enforce such provisions as if such Product providers were a party to these Terms and Conditions. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. These Terms and Conditions, together with policies and other agreements, constitute the entire and sole Terms and Conditions between you and us with respect to the Products/professional services and supersedes all prior understandings, arrangements, or Terms and Conditions, whether written or oral, regarding the Products/professional services. You may not transfer, assign, or delegate these Terms and Conditions or your rights or obligations hereunder or your Coinnewsextra Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and Conditions and our rights and obligations hereunder without your consent.
Except as otherwise required by applicable law, we hereby reserve the right(s) to act in exercise of our sole discretion in the following: (I) Revise these Terms and Conditions by posting updated version(s) of these Terms and Conditions on the Website and/or delivering notice thereof to you either electronically or manually. (II) Communicate with you in paper form (III) Discontinue the provision of electronic communications, (IV) Any matter that relates to these terms and conditions. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. If you agree to these Terms and Conditions or any revised version, is required for you to continue interacting, engaging, visiting, accessing, or using our Products/professional services.
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