Welcome to First Citi Capitals website. Please read these terms and conditions carefully. If you continue to browse and use this website, you accept, without limitation or qualification the terms and conditions and all terms incorporated by reference. If you do not agree with any part of these terms and conditions, please do not use this website.
These Terms and condition (“Terms”) apply to your access to, and use of, the websites (the “Site”) of First Citi Capitals, and where applicable, its successor, agents, assigns or service provider (“First Citi Capitals,” “we”, “us” or “our”). Additionally, these Terms, do not alter the terms or conditions of any other agreement you may have with First Citi Capitals for products, services or otherwise. The term “you”, “your” refers to you and/or any person who subscribes for, uses or authorizes the use of the Site.
First Citi Capitals reserves the right at any time and in its sole discretion to change or modify the Terms contained in this policy or any policy or guideline of the Site. We will provide notice of these changes by posting the revised Terms to the Site and changing the “Published” date at the top of the Terms, or by providing other means of notice as First Citi Capitals will determine each time in its sole discretion. Any changes or modifications will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use.
Eligibility
By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age, you have not been previously suspended or removed from the Site. You represent and warrant that you are not placed on any international Sanction List. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
Online Services
Our online products and services (online services) are subject to registration procedures and approvals, which we may accept or reject at our sole discretion. In order to access and use these online services, you must create an account with fets (“Account”). You agree to: (a) provide accurate, current and complete information when creating or updating an Account; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify fets if you discover or otherwise suspect any security breaches related to your account; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
Privacy
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by First Citi Capitals in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
Accuracy of Information and Disclaimer
At First Citi Capitals , we do our best to ensure all information on the Site is accurate. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable. All information on this site is only intended to provide you with general information about us, our products, services and objectives. Nothing on this site should be treated as an offer but merely as an invitation to do business with us. All information is provided "as is" and should not be treated as professional or investment advice of any kind. You should consult your own professional advisors before relying on any information on this site.
You should ensure information you send to us is accurate and does not breach anyone else’s rights such as copyright or is libelous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or is in any way illegal.
Remember that the Site can be viewed around the world and the information you send to us will be published on the Site.
You should independently verify any information before relying upon it.
We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information.
Information feeds
We may use the services of other organizations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided "as is" and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
Linked third party sites
This site may contain links to other websites with information and material produced by other parties. While we try to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinized or endorsed the owners or administrators of the websites or their business or security practices and operations.
Copyrights and trademarks
Material on this website, including but not limited to texts, logos, images, illustrations, software, audio clips, video clips and other graphics and multimedia works, is owned or otherwise provided by First Citi Capitals and First Citi Capitals does not represent or warrant that such material does not infringe the rights of any other person or entity. The material may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of First Citi Capitals . Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of First Citi Capitals or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding the foregoing, First Citi Capitals authorizes you to view and download one electronic or paper copy of the information posted on this site provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of First Citi Capitals and its affiliates without express written consent of First Citi Capitals . You may not use any meta tags or any other “hidden text” utilizing First Citi Capitals ’s name or trademarks without the express written consent of First Citi Capitals . Any unauthorized use of this site and/or its contents terminates the permission or license granted by First Citi Capitals.
Transmission of Information
You acknowledge that information or material which you provide electronically through your access to or usage of this Site is not confidential or proprietary, except as may be required under applicable law or pursuant to First Citi Capitals privacy policy, and acknowledge that Information transmitted via an unsecured link over the Internet, including email, is susceptible to potential unlawful access, distortion interception, alteration, loss or monitoring. You accept that we cannot be held liable for any loss, harm or damage suffered by you as a result.
To limit these risks, we may request independent verification of any information transmitted by you via the site or email from time to time. You represent and warrant that the information or material which you provide electronically to First Citi Capitals by accessing or using this Site does not infringe the rights of any other person or entity. You consent to First Citi Capitals using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of First Citi Capitals or the disclosure of your identity, in accordance with the First Citi Capitals Privacy Policy.
Electronic Communication
When you visit this site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Termination, suspension and limitation
Without prejudice to our other rights under these Terms, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms in any way, we shall either:
send you one or more formal warnings in writing to this effect;
temporarily suspend your access to our site;
permanently prohibit you from accessing our site;
block computers using your IP address from accessing our site;
contact any or all of your internet service providers and request that they block your access to our site;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our site.
Where we suspend or prohibit or block your access to our site or a part of our site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation, creating and/or using a different account).
No warranties or representations
We do not warrant that the site or online services including the downloadable software will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that any such problems which are discovered will be corrected.
We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Indemnification
You agree to defend, indemnify and hold harmless First Citi Capitals , its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any Feedback you provide; (c) or your violation of these Terms. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Disclaimer and Limitation of Liability
Although we have taken care to ensure that the content on this Site is accurate and that you suffer no loss or damage as a result of your use of this Site, this Site and the online services are provided "as is".
Use of this Site and the online services is entirely at your own risk. You assume full responsibility for the risk or loss resulting from your use of this Site and your reliance on the material and information contained on it.
We are not liable for any damages whatsoever relating to your use of this Site or the online services or the information contained on this Site or your inability to use this Site or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, we will not be liable for:
Any interruption, malfunction, downtime or other failure of the Site or online services, our system, databases or any of its components, for whatever reason;
Any loss or damage arising from your orders, investment decisions, purchases or disposal of products and services, including financial instrument(s) or currency, from third parties, based on the information provided on this site;
Any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third-party systems; programming defects; negligence on our part or caused computer problem;
Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers), local authorities and certification authorities;
Any event over which we have no direct control.
Modification to the Site
First Citi Capitals reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that First Citi Capitals will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Cookies
We may use “cookies” to track your preferences and activities on the Site. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a Site, your registration information and the number of times that you view a particular page or other item on the Site. The use of cookies is a common practice adopted by most major Sites to better serve their clients. See our Privacy Policy for more on cookies. You should note, however, that without cookies, some of the website’s functions will not be available, and you will lose some of the benefits of the site.
Dispute Resolution
Subject to the relevant service terms, all disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, will be submitted to, and determined by invoking arbitration procedures in accordance with the provisions of the Arbitration and Conciliation Act, chapter A18 of the Federation of Nigeria 2004. Place of arbitration shall be Abuja, Nigeria.
Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No Waiver
The failure of First Citi Capitals to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of First Citi Capitals to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
Question and Contact Information
Question or comments about the Site or these Terms may be directed to First Citi Capitals by emailing support@swissmerchant.org.