Terms and Conditions
Last Modified: April 01, 2024
Terms and Conditions Agreement
This agreement between FRAGVESTMENT LIMITED ('us', 'our', 'we' or 'Fragvest') and you ('you', 'your', or 'user') governs your use of any of our products, services and applications ("Services"). In these Terms of Service ("Terms"), you and Fragvest are individually referred to as a 'Party', and collectively as the 'Parties'.
The following Terms constitute a binding Agreement between Fragvest and you, as to the terms and conditions which govern your use of the Services however accessed, including via an internet browser, smartphone, tablet, or other internet-connected devices, as well as the Privacy Policy. Where you are not in agreement with these Terms, please do not use the Services and/or discontinue access to the Services immediately.
By completing the registration process or by accessing the Services in any manner or requesting the use of the Services through any means, you are indicating your consent to be bound by these Terms as an agreement between you and Fragvest.
We reserve the right to reject your application to use our Services with or without reasons. Where we reject your application to use our Services, we will communicate our refusal to you in writing within 5 (five) business days.
The following Terms constitute a binding Agreement between Fragvest and you, as to the terms and conditions which govern your use of the Services however accessed, including via an internet browser, smartphone, tablet, or other internet-connected devices, as well as the Privacy Policy. Where you are not in agreement with these Terms, please do not use the Services and/or discontinue access to the Services immediately.
By completing the registration process or by accessing the Services in any manner or requesting the use of the Services through any means, you are indicating your consent to be bound by these Terms as an agreement between you and Fragvest.
We reserve the right to reject your application to use our Services with or without reasons. Where we reject your application to use our Services, we will communicate our refusal to you in writing within 5 (five) business days.
About Us
Fragvest offers an online store where users can safely execute any real estate transaction instantly: buy or sell a verified property, rent a comfortable housing unit, lease a property, manage a property and invest any amount in the real estate industry through digital tokens. Our ultimate goal is to give users of our platform easy and unrestricted access to the real estate industry.
About the Services
We will provide you with various types of services which include:
• Real estate investment including fractional investment in real estate assets;
• Property management;
• Property rental and lease;
• Sale and purchase of property; and
• Supports services to you when you have any complaints about our services, account creation and registration on our platforms.
Transactions undertaken on your behalf by Fragvest will be based on your express instructions/consent and will be strictly on a non-discretionary basis. You also authorize Fragvest to do anything that is necessary for the provision of its Services to you, provided we comply with laws and regulations governing the provision of our Services.
Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
• Real estate investment including fractional investment in real estate assets;
• Property management;
• Property rental and lease;
• Sale and purchase of property; and
• Supports services to you when you have any complaints about our services, account creation and registration on our platforms.
Transactions undertaken on your behalf by Fragvest will be based on your express instructions/consent and will be strictly on a non-discretionary basis. You also authorize Fragvest to do anything that is necessary for the provision of its Services to you, provided we comply with laws and regulations governing the provision of our Services.
Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Additional Service
You understand and acknowledge that by accepting these Terms, Fragvest reserves the right to introduce additional services to you or refer you to a third party to provide additional Services that may expand your obligations under these terms and conditions.
Review of Terms
We may, at our sole discretion, review, revise and/or update these Terms and the Services at any time. We, therefore, advise that you read through these Terms periodically to stay updated.
We may also make some changes to the Terms immediately, without prior notice, if they are required by applicable laws and regulations; or relate to the addition of a new service or extra features to our Services.
We reserve the right to withdraw or amend these Services, and any other service or material we provide on our website or mobile application (altogether 'Platform'), in our sole discretion. We shall notify you of any material changes on the Platform before or after we make the change. Where we made changes to the Platform without prior notice, we shall inform you of the changes within 48 Hours of effecting the change.
You should stop using our Services if you do not agree to the changes. If you keep using our Services after we have notified you of or announced any such changes, you will be deemed to have accepted the changes.
We will not be liable if for any reason all or any of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
We reserve the right to restrict your access or suspend without notice, your access to and/or use of the Platform to enable us to carry out essential emergency and/or urgent maintenance. We will use reasonable commercial endeavours to provide you with reasonable advance notice of any scheduled non-emergency maintenance. We will resolve the unplanned downtime as soon as reasonably practicable.
We may also make some changes to the Terms immediately, without prior notice, if they are required by applicable laws and regulations; or relate to the addition of a new service or extra features to our Services.
We reserve the right to withdraw or amend these Services, and any other service or material we provide on our website or mobile application (altogether 'Platform'), in our sole discretion. We shall notify you of any material changes on the Platform before or after we make the change. Where we made changes to the Platform without prior notice, we shall inform you of the changes within 48 Hours of effecting the change.
You should stop using our Services if you do not agree to the changes. If you keep using our Services after we have notified you of or announced any such changes, you will be deemed to have accepted the changes.
We will not be liable if for any reason all or any of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
We reserve the right to restrict your access or suspend without notice, your access to and/or use of the Platform to enable us to carry out essential emergency and/or urgent maintenance. We will use reasonable commercial endeavours to provide you with reasonable advance notice of any scheduled non-emergency maintenance. We will resolve the unplanned downtime as soon as reasonably practicable.
User Registration and Account Protection
While you can browse the website without creating a user account ("User Account" or "Account"), accessing and utilizing our Services requires you to register and create an Account. When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Fragvest has physical, electronic and procedural safeguards that comply with regulatory standards to guard your non-public personal information. You are responsible for safeguarding your password and other User Account information.
A parent or guardian may create an Account on behalf of their child between the ages of 0-17 years ("Child's Account"). The parent or guardian shall manage the Child's Account on behalf of the child and the Child's Account shall be linked to the parent or guardian's Account. During registration of the Child's Account, we will ask for your child's name, address, birthday, telephone number, email address, and government-issued means of identification. To access the Childs Account, your child will also need a username and password to access. Our collection, use and disclosure of your child's personal information in connection with the Child's Account will be guided by our Privacy Policy and all applicable laws on child privacy protection.
You agree not to disclose your password to any third-party and you will notify support@fragvest.com immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User, you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so. You agree that the information you provide to us during the User Account registration through the Platform is true, accurate, current, and complete.
By creating an Account, you automatically sign up for various types of alerts via email and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly. We never include your password in these communications, but we may include your name, or email address and information about your User Account. Anyone with access to your email or mobile device will be able to view these alerts. You may unsubscribe from marketing-oriented emails at any time.
You understand and acknowledge that we cannot guarantee any investment results you could obtain from investment information and financial insights it provides prior to your use of the Services and that we are not liable for these results. All investments entail a risk of loss and that you may lose money.
A parent or guardian may create an Account on behalf of their child between the ages of 0-17 years ("Child's Account"). The parent or guardian shall manage the Child's Account on behalf of the child and the Child's Account shall be linked to the parent or guardian's Account. During registration of the Child's Account, we will ask for your child's name, address, birthday, telephone number, email address, and government-issued means of identification. To access the Childs Account, your child will also need a username and password to access. Our collection, use and disclosure of your child's personal information in connection with the Child's Account will be guided by our Privacy Policy and all applicable laws on child privacy protection.
You agree not to disclose your password to any third-party and you will notify support@fragvest.com immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User, you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so. You agree that the information you provide to us during the User Account registration through the Platform is true, accurate, current, and complete.
By creating an Account, you automatically sign up for various types of alerts via email and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly. We never include your password in these communications, but we may include your name, or email address and information about your User Account. Anyone with access to your email or mobile device will be able to view these alerts. You may unsubscribe from marketing-oriented emails at any time.
You understand and acknowledge that we cannot guarantee any investment results you could obtain from investment information and financial insights it provides prior to your use of the Services and that we are not liable for these results. All investments entail a risk of loss and that you may lose money.
Authorization
In connection with your use of our Services, you authorize us to act as your agent for the limited purposes of facilitating transactions including property rental services, sales and purchase of property and investments in real properties on your behalf. Your authorizations will remain in full force and effect until your User Account is closed or terminated.
User Due Diligence
You are responsible for:
• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Platform through your Account are aware of these Terms and comply with them.
• Keeping your account secure and for all activities on your Account.
• Maintaining the confidentiality of your password and Account.
• That you have assessed the risk of accessing Services on the Platform and every decision made on the Platform will be done entirely at your discretion.
You agree to immediately notify us of any unauthorised use of your account or breach of any other breach of security.
All claims against us related to payments should be made within 30 (thirty) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.
To access our Services or some of our resources, you must accept these Terms and our Privacy Policy, you must be 18 years old or above, have a bank account with a commercial bank in Nigeria and provide certain registration details or other information. All the information you provide must be correct, accurate, current, and complete.
You acknowledge that we may not provide you with our Services until we have received and verified all the information we require. We may decide whether to accept you based on the information we collect and verify. We will not be responsible for any loss arising out of your failure or delay in providing us with the information we require.
We reserve the right to restrain you from using any of our Services after conducting due diligence on you. Our due diligence process includes verification of information provided by you, verification of your phone number, address, government-issued ID card and bank verification number.
You agree that we reserve the right to request additional documents when there is a material change in the way you operate your Account, your documentation process changes substantially, or we deem it fit that we lack sufficient information about you.
In the event of changes in any information provided to us, you are required to inform us within two (2) working days of such change.
You agree that all information you provide during your use of our service or otherwise is governed by our Privacy Policy, and you consent to all actions we take concerning your information, in line with our Privacy Policy.
You agree that we may make, directly or using a third party, any inquiries we believe are necessary to verify the information you provide to us. We may keep records of your due diligence checks by our Privacy Policy.
• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Platform through your Account are aware of these Terms and comply with them.
• Keeping your account secure and for all activities on your Account.
• Maintaining the confidentiality of your password and Account.
• That you have assessed the risk of accessing Services on the Platform and every decision made on the Platform will be done entirely at your discretion.
You agree to immediately notify us of any unauthorised use of your account or breach of any other breach of security.
All claims against us related to payments should be made within 30 (thirty) days after the date of such payment. It will be taken that you waive all claims against us, to the fullest extent of the law after the said period of time.
To access our Services or some of our resources, you must accept these Terms and our Privacy Policy, you must be 18 years old or above, have a bank account with a commercial bank in Nigeria and provide certain registration details or other information. All the information you provide must be correct, accurate, current, and complete.
You acknowledge that we may not provide you with our Services until we have received and verified all the information we require. We may decide whether to accept you based on the information we collect and verify. We will not be responsible for any loss arising out of your failure or delay in providing us with the information we require.
We reserve the right to restrain you from using any of our Services after conducting due diligence on you. Our due diligence process includes verification of information provided by you, verification of your phone number, address, government-issued ID card and bank verification number.
You agree that we reserve the right to request additional documents when there is a material change in the way you operate your Account, your documentation process changes substantially, or we deem it fit that we lack sufficient information about you.
In the event of changes in any information provided to us, you are required to inform us within two (2) working days of such change.
You agree that all information you provide during your use of our service or otherwise is governed by our Privacy Policy, and you consent to all actions we take concerning your information, in line with our Privacy Policy.
You agree that we may make, directly or using a third party, any inquiries we believe are necessary to verify the information you provide to us. We may keep records of your due diligence checks by our Privacy Policy.
Compliance and Risk Control
In line with the Central Bank of Nigeria's (CBN) Anti-Money Laundering and Combating Terrorism Financing, we have the authority to monitor your transactions on our Platform and your use of our Platform for any transaction or activity. Where we suspect a transaction to be risky, we may temporarily place it as pending and request additional documents or information. Subject to the result of our investigation, we may reverse the transaction or report the transaction to CBN or the Economic Financial Crime Commission.
You agree that we reserve the right to request additional documents and information that support your transactions.
We reserve the right to investigate you and your transactions if we deem your activities to be fraudulent.
You agree that we reserve the right to request additional documents and information that support your transactions.
We reserve the right to investigate you and your transactions if we deem your activities to be fraudulent.
Restrictions
You agree not to:
• use the Platform for fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable through the Platform;
• use the Platform to harm or injure any third party;
• impersonate any person or entity, on the Platform;
• forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships;
• upload, post, email, transmit or otherwise make available on the Platform, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available on the Platform, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available on the Platform, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of or otherwise act in a manner that negatively affects other user's ability to engage in real-time exchanges;
• interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
• intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
• use the Platform for fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
• reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable through the Platform;
• use the Platform to harm or injure any third party;
• impersonate any person or entity, on the Platform;
• forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Platform;
• upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships;
• upload, post, email, transmit or otherwise make available on the Platform, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available on the Platform, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam", "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available on the Platform, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of or otherwise act in a manner that negatively affects other user's ability to engage in real-time exchanges;
• interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
• intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
User Warranties
You hereby represent, warrant, and agree to:
• provide true, accurate, current, and complete information about yourself, your business references, and any other information as may be required by us;
• maintain and promptly amend all information to keep it true, accurate, current, and complete. You must update us from time to time of any material change;
• You have full capacity, authority, and all necessary licenses, permits, and consents to enter and exercise the rights, and perform your obligations under these Terms;
Your entry into and performance of these Terms do not:
• conflict with or result in the breach of or default under any agreement that is binding on you; and
• conflict with or result in the breach of any applicable law or other restrictions or obligations that you are subject to.
Additional warranties:
• You will use the Services only for lawful purposes and in compliance with these Terms;
• You will comply with all applicable laws in connection with these Terms and the performance of your obligations under these Terms;
• You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the operation of the Services; and
• You will not interfere with, disrupt, or cause any damage to the Platform and other users of the Platform.
You hereby grant an irrevocable, perpetual, worldwide, and royalty-free, sub-licensable license to us, to display and use all information provided by you in accordance with the purposes outlined in these Terms.
You are solely responsible for any use of the Services, and other features, you will use all reasonable endeavours to ensure that no unauthorized person will or could access the Services or other features of the Platform.
• provide true, accurate, current, and complete information about yourself, your business references, and any other information as may be required by us;
• maintain and promptly amend all information to keep it true, accurate, current, and complete. You must update us from time to time of any material change;
• You have full capacity, authority, and all necessary licenses, permits, and consents to enter and exercise the rights, and perform your obligations under these Terms;
Your entry into and performance of these Terms do not:
• conflict with or result in the breach of or default under any agreement that is binding on you; and
• conflict with or result in the breach of any applicable law or other restrictions or obligations that you are subject to.
Additional warranties:
• You will use the Services only for lawful purposes and in compliance with these Terms;
• You will comply with all applicable laws in connection with these Terms and the performance of your obligations under these Terms;
• You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the operation of the Services; and
• You will not interfere with, disrupt, or cause any damage to the Platform and other users of the Platform.
You hereby grant an irrevocable, perpetual, worldwide, and royalty-free, sub-licensable license to us, to display and use all information provided by you in accordance with the purposes outlined in these Terms.
You are solely responsible for any use of the Services, and other features, you will use all reasonable endeavours to ensure that no unauthorized person will or could access the Services or other features of the Platform.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Platform will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms or for any reconstruction of any lost data.
The Platform provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Fragvest. Your access or use of such Linked Website is entirely at your own risk. Fragvest shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to the terms and conditions of the Linked Website.
The Platform may also contain third-party advertisements if any, the display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. Fragvest accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms or for any reconstruction of any lost data.
IMPORTANT NOTICE:
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORMS OR FROM DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORMS OR FROM DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR PLATFORM IS AT YOUR OWN RISK. OUR PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRAGVEST NOR ANY PERSON ASSOCIATED WITH FRAGVEST MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER FRAGVEST NOR ANYONE ASSOCIATED WITH FRAGVEST REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Non-reliance:
The Platform may contain links to other websites owned and operated by third parties who are not related to Fragvest ("Linked Websites"). The Linked Websites are not under the control of Fragvest and Fragvest shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third-party sites.
The Platform provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Fragvest. Your access or use of such Linked Website is entirely at your own risk. Fragvest shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to the terms and conditions of the Linked Website.
The Platform may also contain third-party advertisements if any, the display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. Fragvest accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected under Nigerian copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platform for your commercial use only. You must not reproduce, decompile, reverse engineer, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, without our written permission and/or the express, authorized written permission of the copyright owner.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You are solely responsible for the quality, accuracy, and completeness of any of your materials and shall indemnify us, our affiliates, and our service providers for demand against all losses arising out of or in connection with the use of your materials.
These Terms permit you to use the Platform for your commercial use only. You must not reproduce, decompile, reverse engineer, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, without our written permission and/or the express, authorized written permission of the copyright owner.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You are solely responsible for the quality, accuracy, and completeness of any of your materials and shall indemnify us, our affiliates, and our service providers for demand against all losses arising out of or in connection with the use of your materials.
Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL, WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL PROVISIONS OR THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR PLATFORM, ANY PLATFORM LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree to defend, indemnify and hold harmless Fragvest, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your user obligations, any use of the Platform, content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Confidentiality
You undertake that all communication, content, intellectual property, or other information, and materials on the Platform, either marked 'confidential' or is by its nature intended to be for your knowledge alone, shall be kept confidential.
Furthermore, any communication, content, intellectual property, or other information, and materials you obtain in terms of or arising from the use of this Platform shall be treated as confidential and shall not be divulged or permitted to be divulged to third parties, without our prior written consent.
Please note that all obligations relating to Confidential Information under this Terms will continue after termination of the Terms of and termination of access rights hereunder.
Furthermore, any communication, content, intellectual property, or other information, and materials you obtain in terms of or arising from the use of this Platform shall be treated as confidential and shall not be divulged or permitted to be divulged to third parties, without our prior written consent.
Please note that all obligations relating to Confidential Information under this Terms will continue after termination of the Terms of and termination of access rights hereunder.
Disclosure
We may disclose your information to:
• any of our branches, subsidiaries, holding companies, associated companies, affiliates including any affiliate or a related entity;
• any agent, contractor, or service provider that we engage or propose to engage to carry out or assist us with our functions and activities who is under a duty of confidentiality to keep such information confidential;
• participants in the payments system including card schemes, financial institutions, and payment organizations;
• any person with whom we enter any assignment, fundraising agreement, share purchase agreement or other commercial agreement who is under a duty of confidentiality to keep such information confidential;
• any person to whom information is permitted or required (or expected) to be disclosed by any applicable law or regulation or under any order of a court;
• any referee or representative of yours (including any professional advisor, broker, introducer, attorney or executor);
• any of your agents you have authorized or who are authorized under law such as an administrator or trustee in bankruptcy or your legal representative; and
• any actual or proposed assignee or investor of all or any part of our business and/or assets and/or shares or interests of or in our business.
• any of our branches, subsidiaries, holding companies, associated companies, affiliates including any affiliate or a related entity;
• any agent, contractor, or service provider that we engage or propose to engage to carry out or assist us with our functions and activities who is under a duty of confidentiality to keep such information confidential;
• participants in the payments system including card schemes, financial institutions, and payment organizations;
• any person with whom we enter any assignment, fundraising agreement, share purchase agreement or other commercial agreement who is under a duty of confidentiality to keep such information confidential;
• any person to whom information is permitted or required (or expected) to be disclosed by any applicable law or regulation or under any order of a court;
• any referee or representative of yours (including any professional advisor, broker, introducer, attorney or executor);
• any of your agents you have authorized or who are authorized under law such as an administrator or trustee in bankruptcy or your legal representative; and
• any actual or proposed assignee or investor of all or any part of our business and/or assets and/or shares or interests of or in our business.
Termination
You may request termination of your User Account at any time and for any reason by sending an email to [.]. We may terminate or suspend your access to the Platform, in our sole discretion, at any time for any reason without notice and any liability to you. We also reserve the right to terminate your account if we reasonably suspect that your account is being used for fraudulent transactions. This shall be without prejudice to our rights to make a report to law enforcement.
Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.
We reserve the right to enforce the obligations contained herein, even when you have uninstalled the Platform or after the termination of these Terms until all your obligations are fulfilled.
Any suspension, termination, or cancellation shall not affect your obligations to Fragvest under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use.
We reserve the right to enforce the obligations contained herein, even when you have uninstalled the Platform or after the termination of these Terms until all your obligations are fulfilled.
Any suspension, termination, or cancellation shall not affect your obligations to Fragvest under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Assignment and Subcontracting
You shall not assign your rights under these Terms, in whole or in part, without our prior written consent. Any attempt to do so will be void and constitute a material breach of these Terms.
We may assign these Terms, in whole or in part, or subcontract our obligations under it, without your consent.
We may assign these Terms, in whole or in part, or subcontract our obligations under it, without your consent.
Relationship
Nothing in these Terms will be construed as creating an agency, a partnership, or joint venture between the Parties, constitute any Party being the agent of the other Party or authorize any Party to make or enter any commitments for or on behalf of the other Party. Each Party confirms it is acting on its behalf and not for the benefit of any other person.
Waiver
No failure or delay by us to exercise any right or remedy provided under these Terms or applicable law, or a single or partial exercise of such right or remedy, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy.
Violations
Please report any violations or grievances concerning these Terms and Conditions to Fragvest at support@fragvest.com.
Force Majeure
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside of our reasonable control ("Force Majeure Event").
A Force Majeure Event includes in particular (but without limitation) the following:
• strikes, lockouts or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or Act of God;
• nuclear, chemical or biological contamination or sonic boom;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government;
• the non-delivery or late delivery of products or Service to us by third parties;
• or any other event beyond a Party's reasonable control.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
A Force Majeure Event includes in particular (but without limitation) the following:
• strikes, lockouts or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or Act of God;
• nuclear, chemical or biological contamination or sonic boom;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government;
• the non-delivery or late delivery of products or Service to us by third parties;
• or any other event beyond a Party's reasonable control.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.