ESETECH TERMS OF USE

PREAMBLE

Welcome to https://www.esetech.com.ng

These Terms of Use is effective from July 2023.

This web site is powered by Esetech Global Resources

Applicable words refer as follows

"WE" "OUR "and "US" refer to Esetech

"You" refer to User

The use of Esetech will also be used interchangeably with the above.

Esetech Global Services Limited is a limited liability company incorporated under the laws of Federal Republic of Nigeria.

Esetech is a trusted and reliable registered company wholly owned by Nigerians with a mission to promote payments solutions at the most competitive rates and facilitate quick settlement of money transfers to its customers.

Registered Office Address: Plot 1009 Zone D Apo Resettlement Apo FCT Abuja

Our contact email address is support@esetech.com.ng

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website https://www.esetech.com.ng . By using our website, you agree to be bound by, and to comply with, these Terms of Use.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time.

YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES ON II (AGE RESTRICTIONS ON USE OF OUR WEBSITE) VIII, XII AND XIII EXCLUSIONS AND LIMITATIONS OF LIABILITY) (INDEMNIFICATION), (DISCLAIMERS)

The Copyright/Trademark Information as contained here is a registered trademark of Esetech Global Services Limited. This entire website, copy, images, logos, indicia, text, content remain our copyright.

All trademark appearing herein are acknowledged. Permission to use documents graphics delivered from this site is strictly restricted.

The name of Esetech or any of the above trademarks or logos associated to it may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission sought.

We can change our policies from time to time and may at our sole discretion introduce new services and modify some or all of the existing services offered on the site without prior notice to you.

Any change automatically takes effect upon posting on the web site and any further update will be periodically communicated on the web site.

Before proceeding you are expected to go through this terms and condition as your use or accessing, browsing, indicates agreement to all the terms and condition herein contained, same applies to continued use and further updates or any modification or changes done by us from time to time.

Both parties hereby agree that this website may only be used in accordance with these Terms and Conditions of Use.If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

You must also ensure that any persons who access our website on your computer(s) or device(s), or who are permitted or able to access our website on your computer(s) or device(s), or who use your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our website, and you must not permit them to do so.

• HOW TO CONTACT EACH OTHER

How you can contact us. For more information on esetech, you may refer to the information found on our Website. If you have questions, feedback or complaints you can contact us via our Customer Support team at support@esetech.com.ng These Terms may specify contact details for particular notices. This address is not monitored for those notices.

How we will contact you. We will contact you using the details you provide to us which includes by email, SMS or telephone.

Always ensure that the information you provided are accurate and updated as we will not be responsible if you do not receive information, notices or other important information from us.

In situation where you fail to provide the requested information or do not comply within time, we reserve the right to suspend or terminate your access to your account with us forthwith and without recourse to you

Do not fail to contact us for any clarification of any part of these terms and condition.

ii. USE OF THE SITE

User hereby confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian if below 18.

• We do not knowingly or intentionally process information about any individual under the age of 18.

The license granted to user in this website remains non-transferable, revocable and non-exclusive license, in accordance with the Terms and Conditions of Use, for such things as all money exchanges on the site, gathering prior information regarding our products and services, you may store , print and display the content for personal use, it should never be used in connection with any third party and business or commercial enterprise.

You are however prohibited from actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights or any other similar actions that may adversely affect us.

We reserve the right to revoke the license given to you without further recourse to you in event of any breach of these Terms and Conditions of Use , our discretionary powers to revoke can lead to denying you access to this website and its contents and we do so without prejudice to any available remedies at law or otherwise.

User is bound to provide current and updated information about yourself and site may require registration or subscription which will entail passwords which remains with the user's confidentiality to keep as we shall not be held liable for any activities under your account.

User is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

iii. USER OBLIGATIONS

Information provided to esetech by you becomes our sole and exclusive property and shall not be returned to you.

By this any comment or review posted by you grants us automatic right to use the name you provided for such purpose.

You are therefore bound not to use a false e-mail address or give false biodata, pretend to be someone other than yourself or otherwise give any misleading information to third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

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.

You accept that the information contained in this website is provided for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

You hereby consent that under no circumstance will esetech be liable to you or any third party for any modification or discontinuance of availability of products on the website.

Copyright/Trademark Information of esetech is our registered trademark. This entire website, copy, images, logos, indicia, text, content, and unique method remains ours. We acknowledge all Trademarks appearing herein. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted and no unauthorized use is allowed.

We are not responsible for typographical, technical, or descriptive errors of products herein.

Other terms governing your use of our website

• In addition to these Terms of Use, your use of our website is also governed by the following documents:
• Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
• Our cookies policy governs our use of cookies and similar technologies on our website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
• Accessing and using our website, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge that we will process your information in accordance with our privacy policy, and our use of cookies and similar technologies in accordance with our cookies policy.

IV. AVAILABILITY OF OUR WEBSITE

• Esetech make no representations and provide no warranties that:
• your access to the website will be continuous or uninterrupted; or
• the website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
• we reserve the right to suspend access to all or part of the website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the website for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

Changes we may make to these Terms of Use and other documentation

• Esetech reserve the right to amend, vary or update these Terms of Use, our privacy policy, our cookies policy and any other

Documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

• to effect any changes in the way we carry out our business;
• to account for any changes we make to our website, including, without limitation, any new features or functionality we provide but this will be with adequate notice the content, purpose or availability of the website;
• accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
• to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or
• to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
• by continuing to access our website after we have updated our Terms of Use, terms of sale, and/or user content agreement, you agree to be bound by those updated versions. You also acknowledge that by continuing to access our website after we have updated our privacy policy and/or our cookies policy, you will be bound by the terms herein.
• you must always review these Terms of Use and all other documentation referred to in them each time you access our website in order to be aware of any change as applicable to you
• this term will be effective from the date above written.

V. YOUR ACCOUNT DETAILS

We understand we are dealing with financial transactions so you are required to ensure strict compliance with the terms below

• All users are provided with unique ID or account number upon registration on our web site thus If we provide you with account information such as a user name, identification number, account code and/or password,

Please ensure you keep the aforesaid information confidential and secret and should not be disclosed to anyone under any circumstances. All account information is provided for use of the named account holder only, and not for any other person. You are liable for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

• Where we provide you with the option to select your own login information, including a password, we strongly advise that

you use login information unique to your own use of this website, and do not use information from other accounts you may hold with other websites or any easily discoverable information about you. You are liable for any consequences of unauthorised access to your account due to any disclosure of your login information to any third

party.

• You must never use another user's account without permission. When creating your account, you may be required to provide

accurate and complete information by way of filling the know your customer form otherwise known as (KYC) applicable for certain category of customers. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

• We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these

Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information. If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email at support@esetech.com.ng

Ownership of material on our website

• All trade marks, service marks, trade names, logos, copyright and other intellectual property rights in our website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
• The trade marks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our website (collectively, "Third Party Mark(s)") may be trade marks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner's prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively. Information and content on our website provided on non-reliance basis
• Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms of Use.
• The content on our website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our website at any time.
• We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.

Permitted use of materials on our website

• The content on our website is provided for your personal, private and non-commercial use only. You may print or share the content from our website for lawful personal, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our website. You may not otherwise extract, reproduce or distribute the content of our website without our prior written consent.
• Whenever you print, download, share or pass on content from our website to others, you must not make any additions or deletions or otherwise modify any text from our website, you must not alter or change any images, media or graphics from our website in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our website.
• You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our website without our prior written consent.
• Whenever you pass on any content or materials from our website to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

Prohibited uses of our website

• You must not reproduce, duplicate, copy or resell any part of our website or any content from our website, save and except to the extent expressly permitted in these Terms of Use.
• You must not, without our prior written consent, access, interfere with, damage or disrupt in anyway our website or any part of it, our systems, any of our hardware or equipment or any networks on which our website is hosted, any software that we use to create or modify the website or to make the website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
• You must use our website for lawful purposes only and in accordance with these Terms of Use.
• You must not use our website for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international; for any fraudulent purposes whatsoever.
• You must not conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us; to upload, host or transmit any viruses, malware, adware, spyware, worms, etc or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content; to communicate with intent to harm or attempt to harm children in any way; or in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

VI. VIRUSES AND OTHER HARMFUL CONTENT

• Esetech do not guarantee that our website does not contain viruses or other malicious software.
• We shall not be responsible for any bugs or viruses on our website, or any software that might be transferred to your computer from our website, or any consequences which the presence or operation of such programs may have.
• You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
• You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
• You must not use any third parties, software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data.
• You must not attempt to perform any denial of service type attack on our website.

VII.LINKS TO OTHER WEBSITES

• Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of any websites accessible via any link(s) on our website. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our website, suitable or appropriate for use or viewing, lawful or accurate.
• Any third party website accessible via a link on our website may collect and process your information. We are not responsible for any data-processing activities carried out by any third party website which is linked to from our website, and we disclaim any and all liability in respect of the same. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their website and its features.

Links to our website

• You may not link to our website without our prior written consent.
• Where you have obtained our consent to link to our website:
• you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
• wherever you post a link to our website on any other website, you agree that you will do so in an appropriate

manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

• you must not link to our website in order to suggest any form of joint venture, partnership, collaboration,

affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

• We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to

our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

• Subject to the aforesaid, in no event shall we (including our parents,,subsidiaries or affiliates,directors, members, employees or agents) under any circumstances whatsoever be liable to you for any loss, damage(whether direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) costs,

expenses, liabilities or penalties, whether in contract, tort, breach of statutory duty or otherwise, whether

foreseeable or unknown, arising from, in connection with or relating to:

• Your use of our website;
• Any corruption or loss of data;
• Any inability to access our website, including, without limitation, any interruptions, suspension or withdrawal of

our website (for any reason whatsoever);

• Any use you make of any content or materials on our website, including any reliance you make on such content or material;
• Any loss of savings, profits, sales, business or revenue;
• Any loss of reputation or goodwill;
• Any loss of savings;
• Any loss of a chance or opportunity; or
• Any other secondary, consequential or indirect losses,

And even if esetech have been advised of the possibility of such loss or damage, without limitation, you assume and shall

be liable for the entire cost of all necessary servicing, repair or correction in the event of any such loss, damage,

costs, expenses, liabilities or penalties arising.

• esetech shall not be liable for any damage that you could have avoided by following our advice to apply an update

offered to you free of charge or for damage that was caused by

instructions not being followed or to have in place the minimum system requirements advised by us.

• You specifically agree that esetech shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
• You agree that in the event that you incur any damages, losses or injuries arising out of, or in connection with,

our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an

injunction preventing any exploitation of any website, service, property, product or other content owned or

controlled by esetech, and you will have no rights to enjoin or restrain the development, production, distribution,

advertising, exhibition or exploitation of any website, property, product, service, or other content owned or

controlled by us.

VIII.INDEMNIFICATION

• You (and also any third party for or on behalf of whom you operate an account or activity on the website) agree to

defend (at our request), indemnify and hold esetech harmless from and against any claims, liabilities, damages, losses

and expenses, including, without limitation, reasonable legal and attorney fees or in any way connected with any of the following (including as a result of your direct activities on the website or

those conducted on your behalf):

• Your uploads, access to or use of the website;
• Your breach or alleged breach of these terms of use;
• Your violation of any third-party right, including, without limitation, any intellectual property right,

publicity, confidentiality, property or privacy right;

• Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and

quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative

authorities; or

• Any misrepresentation made by you.
• You will cooperate as fully required by esetech in the defence of any claim. We reserve the right to assume the

exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event,

settle any claim without our prior written consent.

IX.DISCLAIMERS

• The website is provided on an "as is", "as available" and "with all faults"basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of

any kind whatsoever, express or implied, as to:

• The service;
• The website content;
• User content; or
• Security associated with the transmission of information to the website.

In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of

merchantability or interbank transfer issues, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

• esetech do not represent or warrant that the service will be uninterrupted or error-free, that defects will be

corrected, or that the service or the server that makes the service available is free from any harmful components,

including, without limitation, viruses. We do not make any representations or warranties that the information

(including any instructions) on the service is accurate, complete or useful. You acknowledge that your use of the

website is at your sole risk. We do not warrant that your use of the website is lawful in any particular jurisdiction and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's

law is applicable to you and these terms of use.

• By accessing or using the website you represent and warrant that your activities are lawful.

X. PAYMENT/TRADING ON OUR SITES

1)esetech will pay users for gift cards the worth of their gift cards in their chosen local currency after deductions and transaction fees have been applied.

1.1esetech will not be held liable in respect of any loss or damage arising directly or indirectly to you due to:

1.2. Failure of authorization by you for transaction(s), or

1.3. Decline of transaction for any other reason/s. i.e. incorrect account numbers etc, used cards or invalid card for gift cards and other interbank network issues or any payment issues arising out of the transaction based on the foregoing and also exceeding the transfer limit set by you and your "Bank(s)"

Any card not uploaded through the proper channel will be automatically declined.

2.1. esetech will only pay users for gift cards that have been successfully redeemed through our platform.

2.2. Cards that are identified as used, information cards, or invalid cards will automatically be declined, and no payment will be made for such cards.

3). Rate Fluctuations

3.1. Rates for gift card redemption may fluctuate based on market conditions and other factors. Users should be aware that rates can change after they upload their cards.

3.2. If the rate for a particular card changes after the card has been uploaded, the transaction will be declined, and the user will have the option to re-trade the card at the new rate.

3.3. For prepaid cards such as Amex, Vanilla, Visa Card, etc. users are prohibited from checking their card balances both before and after trading. Checking balances may lead to a loss of the card's value.

3.4. esetech will not be held responsible for any loss of card value due to balance checks or any other actions taken by the user.

4). Account Suspension

4.1. Multiple instances of trading used or invalid cards on the platform may result in the suspension of a user's account.

A. Transaction limits

Your Transaction limits.Your Account may be subject to a limit on:

a. the amount or volume of Transactions you may undertake in connection with your Account; and/or

b. the amount or value of Fiat Currency or Digital Assets you may transfer into or out of your Account,

B. ANTI MONEY LAUNDERING

Esetech is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited on all our sites.

C.If you suspect a Security Breach If you suspect a Security Breach, you must ensure that:

a. we are informed immediately ;

b. your Account is immediately locked via the disable account function on the Platform or via any other method as may be prescribed by us from time to time; and

c. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.

We reserve the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach, and may provide such information to any third party that we deem necessary in order to resolve any Security Breach.

RISK WARNING

We strongly recommend that as with all digital assets, the rate of fluctuation is always high thereby leading to at times material risk of economic loss, you should always take cognizance of that when trading any product on our websites.

To that extent Users acknowledge that gift cards are subject to market volatility or certain intervening circumstances as enumerated in clause X1 and X2 and thus accept the risk associated with its fluctuating value.**

It is important therefore that you fully understand the risks involved before making a decision to trade any digital assets with us.

XI. ACCESSIBILITY OF WEBSITE

We shall make the website accessible at all times; however, we make no representation of that nature and reserves the right to terminate the website at any time and without notice.

You accept that service interruption may occur at times for situation allowing website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

XII. INDEMNITY

You agree to indemnify and hold esetech, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand and or any legal issues related to your breach of these Terms and Condition. Or your contravention of any Applicable Law or any violation of the rights of a third party.

XIII.RELEASE. You hereby agree to release esetech from any and all claims and demands (and waive any rights you may have against us in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the esetech Services (including any Digital Asset Transactions) or the subject matter of these Terms.

XIV. DEATH OF AN ACCOUNT HOLDER. In the event of your death or incapacity, the representative(s) of your estate or the survivor or survivors must give us written notice as soon as practicable. If we have reason to believe you have died, we may suspend your esetech Account. Your Account will be suspended until:

a. a representative of your estate or authorised beneficiary either (1) creates an esetech Account in accordance with these Terms; or (2) provides wire transfer instructions; and

b. provides sufficient legal documentation that they are entitled to receive the assets in your Account; or

c. you provide satisfactory proof that you are not deceased in case of incapacity .

Beneficiaries receiving a wire transfer will receive the liquidated value of the assets in the esetech Account, less any fees and costs associated with the transfer. Our ability to provide your representative(s) with the assets in your Account is subject to the restrictions imposed by Applicable Law and these Terms. We do not have any fixed timeline for the transfer of assets held to the credit of your esetech Account.

XV. TAX. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the

You acknowledge that we may make certain reports to tax authorities regarding Transactions made on the Platform, and that we may, in our sole discretion or as required by Applicable Law, . We may also withhold and deduct at source any taxes due under Applicable Law in our sole discretion.

XVI. FORCE MAJEURE

The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection, disease outbreak and other acts of God.

PROVIDED however that where an event of force majeure continues for a prescribed period of time.

XVII. NOTICE OF CLAIM AND DISPUTE RESOLUTION PERIOD/ ARBITRATION

Please reach out to esetech first if you have any concerns with the Services. We would like to address your concerns without resorting to formal legal proceedings as far as it is practicable. esetech will attempt to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

However In the event, the dispute cannot be resolved satisfactorily, a notice of claim can then be filed against esetech and such disputes arising from these Terms and Conditions of Use will be referred first to a private and confidential binding arbitration to be resolved before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The said arbitrator should be legally trained and should be one who has an on hands experience in the information technology laws or convention applicable in Nigeria and is independent of either party. The parties agree that the arbitration proceeding and its outcome shall be kept strictly confidential.

XVIII.TERMINATION

esetech's right to terminate this contract without recourse to you remains absolute.

In event such situation arises, you shall be prohibited from further access to and use of the Site and apply both legal or equitable remedies, also immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination or any other consequence occasioned by this.

XIX. SEVERABILITY

The unenforceability of any portion of these terms or conditions by any court or tribunal either in whole or in part will make that part to be severed from these Terms and Conditions of Use and it shall not affect the validity or enforceability of any other section contained therein.

XX. MISCELLANEOUS PROVISIONS

Announcements.

You consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Our right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party remains absolute.

All official announcements, news, promotions, competitions and airdrops will be listed on the Website. These announcements are important, and may relate to issues that may impact the value of your Digital Assets, or their security. You are responsible for monitoring the Website and reading and considering these announcements.

XXI. Entire agreement. The Terms, together with any applicable Product Terms, constitute the whole agreement between you and us with respect to the esetech Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms or any Product Terms.

XXII. Assignment. You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving esetech

Again ensure you refrain from further use if you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices.

This remains the only terms and condition incorporated for use in this website as no other provision is given for any other clause or evidence apart from periodic updates.

XXIII. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section , each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.