These Terms of Use ("Terms") govern your access to and use of the First Bank of Nigeria Limited’s SME Portal (“SME Portal”). Please read these Terms carefully. By accessing or using SME Portal, you agree that you have received, read, understood and agreed to be bound by these Terms and FirstBank’s Privacy Policy, and that you have the capacity and authority to irrevocably bind yourself. The Terms shall apply whenever you use SME Portal.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use SME Portal.
Content
SME Portal allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on SME Portal is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to SME Portal.
Non-acceptable Content
You undertake not to post the following content on SME Portal:
• Illegal goods or services
• Sexually explicit content
• Material that violates another party’s rights, including copyrights and trademarks
• Malware of any type (including viruses, bots, trojans, worms, and so on)
• Gambling
• Multi-level marketing (MLM)
• Payday loans, credit repair, “get out of debt” services
License
You grant FirstBank and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on SME Portal solely for the purposes of operating, developing, providing, and using SME Portal. Nothing in these Terms restricts other legal rights FirstBank may have to User Content, for example under other licenses. We reserve the right to remove User Content, for any reason. This includes User Content that we believe violates these Terms.
Third Party Content
SME Portal may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by FirstBank. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from SME Portal, you do so at your own risk and you agree that FirstBank has no liability arising from your use of or access to any third party website, service, or content.
FirstBank takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using SME Portal. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Copyright
All rights in SME Portal, including the copyright, are our sole property. SME Portal embodies substantial creative effort on our part and is protected by Nigerian copyright laws and international treaty obligations.
Termination
We may at any time withdraw your access to all or any part of SME Portal.
If any of the Terms or our policies are abused or broken while you are using the SME Portal, this will result in a review of your sending policies, this will result in a review of your use of the SME Portal and may require immediate action on our part to prevent additional impact to our other customers. We reserve the right to remove any content we consider offensive in our sole discretion.
No Warranty
SME Portal and all contents on SME Portal are provided on an "as is" basis without warranty of any kind, whether express or implied.
FirstBank specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Limitation of liability
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRSTBANK SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE SME PORTAL; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON SME PORTAL, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
Indemnity
You shall indemnify and hold us harmless against any loss, claim, delay, damage, expense, injury or other liability (collectively ‘loss’) sustained or incurred by us, whether direct, indirect, consequential or incidental including, without limitation, any loss or profit, arising:
(a) from a claim by a third party alleging an infringement of any intellectual property rights (including, without limitation, copyright, trademarks and patents) if the alleged infringement arises from:
(i) your use of SME Portal in a combination with any other computer programme; or
(ii) your use of SME Portal in a manner or for a purpose not contemplated by these Terms or authorised by us; or
(iii) modification or alteration by you of SME Portal; or
(iv) any Transaction entered into by you arising out of the use of SME Portal; or
(b) out of your gaining or attempting to gain unauthorised access to our systems or your use of SME Portal in a manner or for a purpose not contemplated by these Terms or authorised by us.