Last Modification: October 4, 2024
Please read the following Terms and Conditions of Service (“Terms”) carefully before using the Platform (as defined below). The Terms govern the access and use of the Platform owned and/or controlled by Brane Technologies Limited (“Brane”).
Your access to and use of the Platform is subject to your acceptance of and compliance with these Terms. These Terms apply to the Users and others who access or use the Platform.
By using the Platform, you accept these Terms.
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Affiliate” | means any entity, individual, firm, or corporation, directly or indirectly, through one or more intermediaries, controlling, controlled by, or under a common control with Brane; |
“Account” | shall have the meaning given to it in paragraph 4; |
“Applicable Laws” | means the constitution of the Federal Republic of Nigeria, any national, provincial, state or local law, statute, bye-law, ordinance, decree, directive, regulation, standard, circular, guideline, rule, code, delegated or subordinated legislation, judicial act or decision, judgment, order, proclamation, directive, executive order, other legislative measure, binding actions or enactments of the Federal Republic of Nigeria or any other government authority in Nigeria which is applicable to the use of the Platform and Services; |
“Content” | means the Platform, and the information, writings, images and/or other works that the User sees, hears, or otherwise experiences on the Platform, including without limitations to account positions, balances, transactions, confirmations, and order history; |
“Confidential Information” | means all information, however recorded or preserved, disclosed by a Party (the “Disclosing Party”) or its representatives to another Party (the “Receiving Party”) under this Terms, or that a Receiving Party accesses from the Disclosing Party in connection with the Services that Brane provides under this Terms that meets one of the following two criteria: the information either (i) is identified by a “CONFIDENTIAL” legend or similar legend of the Disclosing Party, or (ii) is obtained under circumstances such that the Receiving Party knew or reasonably should have known that the information should be treated as confidential to the Disclosing Party. Confidential Information includes information in any form or medium (whether oral, written, electronic, or other) and includes inventions; specifications; drawings; models; samples; reports; plans; financial information; work-in-progress; forecasts; computer programs or documentation; trade secrets; know-how; strategies; User Data including any User’s non-public personal information; |
“Data Protection Law” | means the Applicable Laws relating to data protection and privacy law, regulations, and guidelines in Nigeria, including the Nigerian Data Protection Act 2023 (as may be amended), and the Nigeria Data Protection Regulation 2019 (as may be amended); |
“Login Credentials” | shall have the meaning in paragraph 4.2; |
“Intellectual Property Rights” | means the patents, rights to inventions and discoveries, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, moral rights, rights in confidential or proprietary information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world belonging to Brane or its affiliates; |
“Materials” | has the meaning given to it in paragraph 9.1; |
“Personal Data” | means any information relating to an identified or identifiable natural person, including personal data or information as defined by the Nigeria Data Protection Regulation 2019 (NDPR) or any other Applicable Laws for the processing of Personal Data; |
“Platform” | means the Brane Platform, available via website at www.getbrane.co; |
“Registration Data” | has the meaning given to it in paragraph 4.3; |
“Services” | means the services provided by Brane through the Platform including the purchase, sale, or transacting in: (a) general merchandise and consumer goods; and (b) voice and data plans of telecommunication companies. |
“Transaction” | means Services undertaken by each User on the Platform. |
“User(s)” | means Brane’s clients and potential clients that accesses the Platform to participate in any Transaction; references to “you”, “your” and “yours” should all be read as referring to a User. |
“User Data” | means all data and information regarding a User which may be provided by a User or gathered by Brane as part of a Transaction on the Platform. It includes each User’s provision of content, including but not limited to Personal Data, Registration Data, Login Credentials, Confidential Information, payment information, biometric information, and documentational or other Transaction information. |
2. About the Platform
Brane provides the Platform which enables Users to access the Services.
3. Agreement to be Binding
By accessing, using, or interacting with the Platform, you acknowledge that you have read these Terms and automatically agree to be subject to these Terms, without any modification. If you disagree with any part of the Terms, you should not access the Platform.
4. User Accounts
4.1
To use the Platform, you must register and create an account (“Account”).
4.2
When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information such as name, email, address, phone number, date of birth, Bank Verification Number (BVN), bank account details, debit card details, next of kin details, means of identification info (passport photo, National Identification Number or international passport) (“Login Credentials”).
4.3
In registering for the Services, you agree (a) to provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form (“Registration Data”); (b) not to create an Account using a false identity or information, or on behalf of someone other than yourself; and (c) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4.4
You are responsible for maintaining and protecting the security of your Account and the confidentiality of your Login Credentials, and you agree not to allow a third party to use your Account or Login Credentials at any time. You shall bear full responsibility for all activities with the use of your Account or Login Credentials.
4.5
You agree to promptly notify us if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your Login Credentials or password.
4.6
You agree to promptly update the security of your Account and the Login Credentials if you become aware or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure or use of your access login or password.
4.7
Brane reserves the right to terminate any Account which it reasonably determines may have been used by an unauthorized third party.
4.8
You agree not to create an Account or use the Services if you have been previously banned from the Platform unless approved by Brane. Such an approval shall be on a case-by-case basis.
5. Risk of Using the Platform and the Services
5.1
By using the Platform and the Services, you acknowledge, understand, and accept the following:
5.1.1
The range of Services offered on the Platform may involve significant risk.
5.1.2
The User will be responsible for all its actions, directions and trade conducted on the Platform.
5.1.3
Confidence might also collapse because of technical problems: if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
5.1.4
The Platform and all its content are not intended to substitute for professional advice. You should carefully assess whether your financial situation and tolerance for risk is suitable for using the Platform and engaging our Services and consult a professional as necessary.
6. Prohibited Uses
6.1
You may use the Platform only for lawful purposes and in accordance with these Terms.
6.2
You agree not to use the Platform:
6.2.1
In any way that violates any Applicable Law.
6.2.2
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
6.2.3
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms.
6.2.4
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
6.2.5
To impersonate or attempt to impersonate Brane, an employee of Brane, another user, or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
6.2.6
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by Brane, may harm Brane or users of the Platform or expose them to liability.
6.2.7
To collect or store personal data from users without their consent.
6.2.12
To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6.2.13
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
6.2.14
To attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
6.2.15
To otherwise attempt to interfere with the proper working of the Platform.
6.3
You agree not to sell, loan, assign, or otherwise transfer your Account to any other person.
6.4
An unauthorized use of the Platform as provided in this paragraph 6 entitles Brane to terminate your right to use the Platform as well as potential liability and claims depending on the circumstances.
7. Intellectual Property and Other Rights
7.1
The Platform is protected by applicable intellectual property and other laws, including trademark and copyright laws and treaties. The Platform, including all Intellectual Property Rights in the Platform, including the Content, belongs to and is the property of Brane or its licensors (if any). Neither these Terms nor your access and use of the Platform gives you any ownership rights or licenses to the Content.
7.2
Subject to the Terms herein, Brane grants you a limited, non-exclusive and non-transferable license to access and use the Platform for your personal use only and as otherwise expressly permitted in these Terms. Your limited license extends to the download of reports and valuation statements specific to your Account, but the proprietary rights over the information remain that of Brane or its licensors (if any).
7.3
The rights granted to you in the Terms are subject to the following restrictions:
7.3.1
You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit or create derivative works based on the Platform, Content, and back-end databases, (collectively, “Brane Properties”) or any portion of Brane’s Properties.
7.3.2
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Brane Properties (including images, text, page layout, or form) of Brane.
7.3.3
You shall not use any metatags or other hidden text using Brane’s name or trademarks.
7.3.4
You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Brane’s Properties except to the extent the foregoing restrictions are expressly prohibited by Applicable Law.
7.3.5
You shall not access Brane’s Properties in order to build a similar or competitive website, application, or service.
7.3.6
Except as expressly stated herein, no part of Brane’s Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
7.3.7
You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Brane’s Properties.
7.3.8
You shall not use Brane’s Properties for any illegal or unlawful purpose.
7.4
Any unauthorized use of Brane’s Properties may result in the immediate termination of your right to use the Platform, as well as potential liability for copyright infringement or other claims depending on the circumstances.
8. Data Protection
8.1
Brane shall comply with the requirement of Data Protection Laws relating to the use of Personal Data in connection with the Platform.
8.2
Brane shall comply with the Data Protection Laws in the use and processing of the Personal Data of Users obtained through the Platform.
8.3
The User warrants that it has the legal right and authority to disclose any and all data disclosed on the Platform and indemnifies and holds Brane harmless for any violation of this provision.
8.4
The User authorizes and consents to Brane’s engagement of third parties to provide services on the Platform as may be reasonably required, at Brane’s sole discretion.
8.5
The User authorizes and grants its consent for Brane to:
8.5.1
Review, copy, reformat, modify, display, distribute, or otherwise use information to provide services on the Platform.
8.5.2
Capture and store data and information relating to the User’s account, identity validation, Transaction, and Services.
8.5.3
Store, record, distribute, alter, copy, transmit and display Transaction information, documents, and identity validation information of the User for any valid legal or business purpose, and further to maintain and display such information on the Platform’s Verification Portal to Customer and other Verification Portal Users, including, without limitation User Confidential Information and User Personal Data that is part of any Transaction information, documents, and identity validation information.
8.5.4
Convey your information to other Users involved in your Transaction, or to those with appropriate authority, or to other third parties as provided by relevant agreements or applicable law.
8.5.5
Store, record, distribute, alter, copy, or otherwise use in any manner, format, and on any device or medium the Information from the Transaction for any valid legal or business purpose and no charge to us.
8.5.6
Transmit User’s information to service providers in connection with services rendered.
8.6
The User represents and warrants that it has sufficient authority and rights to provide the grant of rights and authorizations.
10. System Outages
10.1
Brane periodically schedules system downtime for maintenance of the Platform and other purposes. In addition, unplanned system outages also may occur. Brane does not have any liability, and you waive all liability whatsoever for any unavailability of the Platform or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such system outages.
10.2
Brane shall not have any responsibility or liability for any third-party acts or any other outages of web host providers or the internet infrastructure and network external to the Platform.
11. Consent
11.1
You consent to conduct electronic transactions and receive electronic communications through the Platform. This includes your consent to: (i) send and receive documents electronically; (ii) conduct business and complete transactions electronically. You understand that you are not required to give legal consent; however, if you decline, you will not be able to use the Platform.
11.2
You consent to the verification and authentication of your identity using third-party services. These methods may include using the Information, databases, audio and video conferencing technology, SMS text or email verification, or other third-party or other information with our Service or by third parties using any identity proofing methods, such as forensics, knowledge-based questions, biometrics, in any combination of hardware and software.
11.3
You grant permission to Brane to create and store an electronic record of all transactions and documents online and offline.
12. Third-Party Web Sites
12.1
Brane may, from time to time, provide links on the Platform to third-party websites or information; these links are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Brane of the third party, the third-party website, or the information there.
12.2
Brane may, from time to time as it deems necessary, integrate the Platform with third-party websites, platforms, or service providers. The integration of the Platform with such third parties does not constitute or imply an endorsement, sponsorship, or recommendation by Brane of the third party, website, platform, or service provider.
12.3
Brane, through the Platform, has no control over, nor assumes any responsibility for, the content, privacy policies, or practices of any third-party websites or services which are accessed via the Platform or through which a User accesses the Platform. You further acknowledge and agree that Brane shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites and platforms.
13. Downloading Files
Brane cannot and does not guarantee or warrant that files available for downloading through the Platform will be free of infection by software viruses or other harmful computer code, files, or programs.
14. Disclaimers
14.1
Brane and its service providers, licensors, and suppliers make no representations about the suitability, reliability, availability, timeliness, security, or accuracy of the Platform or the Content for any purpose. To the maximum extent permitted by Applicable Law, all such information, software, products, service, and related graphics are provided "as is" without warranty or condition of any kind.
14.2
Brane and its service providers, licensors, and suppliers hereby disclaim all warranties and conditions of any kind with regard to the Platform and the Content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
14.3
No statement or information, whether oral or written, obtained from Brane in any means or fashion will create any warranty not expressly and explicitly set forth in this agreement.
14.4
The Content may include inaccuracies or typographical errors.
15. Indemnification and Limitation of Liability
15.1
Except to the extent prohibited by any Applicable Law, you agree to defend, indemnify, and hold Brane, its subsidiaries, affiliated companies, licensors, employees, agents, and any third-party information providers, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of:
15.1.1
Your use, misuse, or inability to use the Platform or the Content,
15.1.2
Your violation of these Terms, or
15.1.3
Your violation of Applicable Laws.
15.2
To the extent not prohibited by law, in no event shall Brane be liable for any direct, indirect, incidental, special, punitive, exemplary, indirect, consequential or other types of damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platform; any information available on the Platform; however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Brane has been advised of the possibility of such damages.
15.3
In no event shall Brane’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed ₦5,000 (Five Thousand Naira).
15.4
The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
15.5
Brane reserves the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
16. No Recommendation or Investment Advice
No Content or information on the Platform shall be construed as a recommendation or investment advice to a User whatsoever. You acknowledge that all transactions and investments are made subject to your weighing of the applicable risk involved, and you agree that Brane and any of its Affiliates have no liability for any losses which you may occur as a result of your reliance on any of the Content or information provided or found on the Platform.
17. Updates and Communications
17.1
Brane reserves the right, at its sole discretion, to modify the Platform, Content and these Terms or any additional terms and conditions that are relevant to the Platform from time to time to reflect changes in the law or to the Services.
17.2
Brane will post the revised terms on the Platform with a “Last Modification” date. Please review the Platform on a regular basis to obtain timely notice of any revisions. If you continue to use the Platform after the revisions take effect, you agree to be bound by the revised terms. You agree that Brane shall not be liable to you or to any third party for any modification of the Terms.
17.3
You agree to receive all communications, agreements, newsletters, marketing or promotional materials and notices that Brane provides in connection with the Services (“Communication”), including, but not limited to, Communications related to Brane’s delivery of the Services and your purchase of or subscription to the Platform via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Platform. You agree that all Communications that Brane provides to you electronically satisfies any legal requirement that such Communications be in writing or be delivered in a particular manner and to agree to keep your Account contact information current.
However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing [email protected].
18. Reference to Privacy Policy
18.1
Brane undertakes that it will not sell or rent your Personal Data to anyone, for any reason, at any time. Brane uses and discloses your Personal Data only as follows:
- to analyze usage and improve the Platform,
- to deliver to you any administrative notices, alerts and communications relevant to your use of the Platform,
- to fulfill your requests for Services,
- for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity in relation to the Platform,
18.2
Your privacy is important to Brane. Brane has developed a Privacy Policy that covers how it collects, uses, discloses, transfers and stores your information. For more information, please review our Privacy Policy.
19. Force Majeure
Brane is not liable for any loss incurred by a User due to our delay or nonperformance arising out of any cause or event beyond our control, including acts of civil or military authority, national emergencies, epidemics, pandemics, labor difficulties, fire, mechanical breakdown, flood, catastrophe, acts of God, insurrection, war, riots, computer failure, communications failure, or power failure.
20. Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph 20 shall not affect the validity and enforceability of the rest of these Terms.
21. Waiver
No waiver by Brane of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brane to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
22. Termination
22.1
Brane may cancel, suspend or block your use of the Platform without notice if there has been a violation of these Terms. Your right to use the Platform will end once your registration is terminated, and any data you have stored on the Platform will be deleted, unless Brane is required to retain it by law or for other valid business purposes.
22.2
You may terminate your registration at any time. Brane is not responsible or liable for any records or information made unavailable to you due to your termination of registration. You agree that Brane will not be liable to you or any other party for any termination of your access to the Service.
22.3
Upon termination of these Terms, you agree that you will pay to Brane all outstanding fees, commission, etc., if any relating to your use of the Platform.
22.4
If Brane suspends, restricts, limits or terminates your access to the Platform or Services pursuant to the above, Brane will use commercially reasonable efforts to give you advance notice of pending suspension of at least Twenty-Four (24) hours unless Brane determines, in its reasonable commercial judgment, that a suspension on no or shorter notice is necessary to protect Brane, its users, or others. Brane will not be liable for any claims or damages of any kind arising out of a reasonable suspension of the Platform or Services under this paragraph 22. Brane may maintain a suspension of the Platform or Services for as long as reasonably necessary to address risks to the Platform, Services or any content thereof.
23. Governing Law and Jurisdiction
23.1
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.
23.2
The User agrees that any dispute, difference or claim arising out of or in connection with these Terms shall be resolved amicably by both parties within 30 days through negotiations failing which the dispute shall be settled exclusively and finally by Mediation. There shall be a mediator appointed by the Director of the Lagos Multi-Door Courthouse who shall settle such dispute.
23.3
Both Parties agree that the mediator’s decision is final and that they shall be bound by same and keep the contents of the mediation proceedings strictly confidential.
23.4
The language of the mediation shall be English, the venue of the mediation shall be Lagos, Nigeria and the cost of the mediation proceedings shall be borne by the breaching party as determined by the appointed mediator.
23.5
The User agrees that Brane and its Affiliates are separate entities and are to be treated independently for the purpose of any dispute or claim arising from the use of the Platform.
24. No-Partnership or Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Brane in any respect whatsoever; instead, our relationship is that of independent contractors.
25. Miscellaneous
25.1
These Terms create no third-party beneficiary rights to Brane’s products and Services made available through the Platform.
25.2
Section headings are for ease of reference only.
26. Contact Us
If you have questions or concerns with respect to these Terms, please contact us at [email protected].
Frequently Asked
Questions
Still have questions?
We are here to help.
+234-814-180-5564
Support Hotline
[email protected]
Support Email
Still have questions?
We are here to help.
+234-814-180-5564
Support Hotline
[email protected]
Support Email