BeSavings' Terms of Service

Last modified on November 26, 2018

Welcome to the BeSavings website. That you are visiting and signing up means you totally accept our terms of service, which governs the use of the website and access to our services.

1 Overview

BeSavings is a platform that allows people of every class to primarily practice savings in a structured way, secondarily, to invest and access other value added services. The system is a blend of the automated and manual system. This website www.besavings.com.ng is the online channel which gives users access to our excellent services. This use of this website is strictly for online users.

1.1 Reason for Existence

BeSavings, with this site, provides a savings service, extremely unique in its orientation. BeSavings also offers investment and other value added services. As a subscriber, your savings, investments and other value added services are managed optimally so as to ensure you are well satisfied. By using our website and later, the mobile application and the likes, you enter into a series of legally binding agreements. You also agree to our Privacy Policy which addresses the use, collection, sharing and storage of your personal information.

1.2 Your access to our website www.besavings.com.ng (“our website” (which includes our blog), or “BeSavings”) as a User or Client, you are agreeing to be bound by the following Terms of Use. Please take time to read and understand the following binding Terms of Use below.

For the purpose of this agreement, the User is an individual who uses our website to access our service or for educational and enlightenment purposes, and a Client is an individual who signs up on BeSavings that entitles the client to have his or her savings, investment(s) and/or other value added services managed by BeSavings. This agreement, as well as the Privacy Policy applies to both Users and Clients.

If you opt to be a Client, you will be subject to these Terms of Use, our Client Engagement Rules/Agreement, our Privacy Policy and any additional terms to which you agree when you subscribe to a savings, investment plan and other services.

2 Requirements for Use of Service

You must be 18 or older to access our website. You must be able to operate within the financial sphere in Nigeria; you must be able to use a Nigerian bank account with its full privilege. Automatic loss of your BeSavings account will be the consequence of a deactivated Nigerian bank account which BeSavings detects by herself.

2.1 Eligibiity and Accessibility

BeSavings is open to only individuals who are 18 or older. Any access to or use of BeSavings by anyone under 18 is unauthorized, Unlicensed, Uncensored and in violation of these Terms of Use. By accessing or using BeSavings, you certify that you are 18 or older. It is however possible that an account could be run on your behalf by a parent or guardian in their name. We do not have a provision that distinguishes that so BeSavings will simply assume the account is owned by the subscriber.

Concerning accessibility, the user must create an account (“User Account”). When you create your account, you will be asked to create a password, which you will be used for accessing the account. BeSavings has procedures that align with regulatory standards to guard ‘Users and Clients’ non-public personal information (highlighted in Privacy Policy). It is your responsibility to safeguard your account information and password. You agree that your password will not be disclosed to any third party no matter how close such is to you, and you agree to report loss of password or your User Account is accessed without due authorization. As a User, you totally agree that any activities that transpire on your account, you are responsible for them, whether or not you authorized such. You likewise agree that any information you provide through our website or other channels will be true, precise, up to date and complete. If you wish to develop web and other channel enhancement on our website, since it is not your property, you have to relate with us. You are not authorized to copy any information or graphic through any means, manual or automated. If you wish to become our partner, reach us at info@besavings.com.ng

2.2 Notifications

By registering an account with BeSavings, you have automatically signed up for diverse forms of notification. These could be customized using your name, email address or some other information you provided in your User account information. Please note however that your password is never included in these communications.

3 Disclaimer
3.1 General Use

The website is provided on an “as is” basis without warranty of any kind. However, BeSavings does not warrant that the Website is suited for other than normal designation, as described in these Terms & Conditions. Moreover, BeSavings does not warrant that the Service will be error free, complete or up-to-date at all times.

BeSavings does not guarantee that the Website or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the WEBSITE can occur as a result of failures in the Internet or phone connection or as a result of viruses and/or faults/defects.

BeSavings does not warrant in any way whatsoever that any terms and conditions WEBSITE liable to third party software or services – including but not limited to the terms and conditions Provider Platforms, or payment providers – allow the use of and/or interaction with the Service.

Use of the Website is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Website. The risk of loss, theft or damage to any data will at all times be borne by the User.

3.2 Limitation of Liability

BESAVINGS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY WEBSITE LIABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE WEBSITE – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE CEASE ANY USE OF THE WEBSITE. ANY AND ALL USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION THE TRANSMISSION, DISTRIBUTION AND MAKING AVAILABLE THEREOF, BY OR ON BEHALF OF THE USER, PLATFORM PROVIDERS AND/OR END-USERS IS FOR THE USER'S OWN RISK AND RESPONSIBILITY. BESAVINGS IS NOT LIABLE AND/OR RESPONSIBLE FOR THE CONTENT, THE WEBSITE, THE WEB WEBSITE AND/OR ANY USE MADE OF THE SERVICE BY USERS, NOTWITHSTANDING 3.3.

3.3 Indemnification

The User indemnifies and holds BeSavings harmless against any and all claims by third parties in connection with or resulting from User’s use of the WEBSITE, a violation by the User of these T&Cs, and/or any unlawful activities. This includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights or any other rights of third parties.

4 Termination

BeSavings may terminate these T&Cs, including your license to use the Website at any moment by giving you notice of such termination. Upon termination by BeSavings, you must discontinue all use of the Website.

You may terminate these Terms and Conditions at any time by requesting a deactivation of your account. Send a mail to info@besavings.com. Please note however that when you terminate your account, you lose the privilege to access your savings, investments and other transactions.

5 Dispute Resolution

These T&Cs and the use of and access to the App are governed by the laws of the Federal Republic of Nigeria, unless a mandatory or peremptory rule of international law prescribes another applicable law. The applicability of the Vienna Convention on the Sale of Goods is expressly excluded.

You agree that these Terms of Use shall be governed and interpreted according to the laws of the Federal Republic of Nigeria.

All controversies, disputes or claims arising out of or relating to these T&Cs, and/or the use of or access to the App will be exclusively and finally settled by the competent courts in the Federal Republic of Nigeria.

6 Compliance With Applicable Law

You will comply with all applicable laws, rules and regulations in connection with your use of the Website and any content you submit, including without limitation, compliance with data privacy laws, applicable export control laws and other regulations of the Federal Republic of Nigeria. You will be responsible for all activities conducted under your user profile.

6.1 Acceptable Use Policy

Use of the website to do any of the following, as determined by BeSavings in its sole discretion, is strictly prohibited:

  1. include software such as viruses or Trojans that can damage or erase, make unavailable or inaccessible any computers or data of BeSavings, other Users or third parties;
  2. bypass technical security measures of the computer systems of BeSavings, other Users or third parties;
  3. impede the functionality or functionalities of the website;
  4. infringe any of BeSavings or any third party’s intellectual property rights, privacy rights or any other rights;
  5. involve child pornography, bestiality or other unlawful erotic content or acts relating thereto;
  6. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
  7. involve any illegal activities or activities that are contrary to morality or public order;
  8. involve false or misleading information;
  9. involve otherwise inappropriate use;
  10. breach these T&Cs; and/or
  11. be unlawful in any way whatsoever.
7 Intellectual Property Rights

7.1 User acknowledges and agrees that, except as specifically set forth in these T&Cs, BeSavings retains all rights, title and interest, including without limitation domain names, copyrights, trademark, tradename and trade dress rights, patent rights, and know-how (“Intellectual Property Rights”), in and to the technology, programming code, content management system and all other assets relating to the Website, as well as to any modifications, adaptations or translations thereof, except for the Website Content, which is deemed to be owned by the User. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for any rights expressly granted under these T&Cs.

7.2 User is not permitted to sell, rent out, transfer or copy the Website or make it available to third parties in any way or for any purpose not expressly permitted in these T&Cs.

7.3 BeSavings will be permitted to install technical provisions for the purpose of protecting the Website. User is not allowed to remove or circumvent such technical provisions.

8 Modification to the Website

BeSavings is entitled to change and/or update the Website application and replace the design and layout of any of the functionalities of the Website without any prior notification and without being obliged to pay any compensation whatsoever to the Users.

8.1 BeSavings is entitled to put the Website out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of BeSavings such action is necessary, for example, in connection with required maintenance of the Website or due to force majeure (such as site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions).

9 Headings

The headings herein are for convenience only and are not part of this Agreement.

10 Severability

If any provision or portion of any provision of this Agreement is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) shall remain in full force and effect.

11 Entire Agreement

This Agreement (including, for clarity, the documents incorporated by reference), supersedes all prior discussions, negotiations and agreements between the parties with respect to the Website, and this Agreement constitutes the sole and entire agreement between the parties with respect to the Website.

12 Contact Information

BeSavings can be contacted at support@besavings.com.ng