1.0 Introduction
Welcome to NG Clearing’s website – www.ngclearing.com (the “Website”).
By using this website, you are acknowledging and agreeing to comply with and be bound by the
following Terms and Conditions of use governing NG Clearing’s relationship with you in relation
to this Website. These Terms and Conditions are for an indefinite term and are legally binding.
Therefore, please read them through carefully before accessing this Website. The onus is on you
to access these Terms and Conditions, as well as any amendments made thereto. If you are not
agreeable to these Terms and Conditions, you may not access this Website.
These Terms and Conditions are specific and apply to your use of this Website. Any changes to these
Terms and Conditions will be updated on this Website and will be displayed when you access it.
2.0 Content
The information on this Website is intended to provide general information regarding NG Clearing Limited
(NG Clearing), its business, stakeholders, products and services and is not intended to provide investment
or other professional advice. The information on this Website is subject to change at any time without
notice. Professional advisors should be contacted before making any decisions that may affect your
investment, personal finances or business. All information on this Website are provided “as is” and when
available and are derived from sources deemed reliable by NG Clearing. However, NG Clearing does not
guarantee the correctness, accuracy, timeliness or completeness of the information or fitness for a
particular purpose. No responsibility or liability is accepted by or on behalf of NG Clearing for any loss as
a result of errors, omissions, inaccurate information, whether provided or published by NG Clearing,
licensors, users or other third parties on the website.
3.0 Disclaimer
All information and materials contained on this Website, including text, graphics, links or other
items, are provided “as is” and “as available”. NG Clearing shall not be liable for any information
contained on this Website, including the improper or incorrect use of data contained herein. NG Clearing
makes no representation or warranty, express or implied, as to the content of this Website, including it
correctness, accuracy, timeliness, completeness or the result of reliance on the information contained on
this Website and expressly disclaims all warranties of merchantability or fitness for a particular purpose
with respect to information contained herein.
NG Clearing expressly disclaims liability for errors, omissions, defects, delays, interruptions or
otherwise, in the information and materials contained on the website. NG Clearing does not
verify any data, material or information provided by third parties and disclaims any obligation
to do so.
NG Clearing, its employees, affiliates, suppliers, contractors or agents will not be liable or
responsible for any damage or loss to you whether caused by negligence or otherwise,
including but not limited to, loss of revenue, profits, or any punitive, incidental or
consequential damages, that may result from the download or use of any information or
material downloaded or otherwise obtained from or through the use of this Website.
4.0 Consent
You accept these Terms and Conditions, including the Privacy Policy and Cookie Policy, when you
sign up for access to this website or use the products, services, content, features, technologies
or functions offered on this website and all related sites, applications, and services.
5.0 Definitions
Wherever the following words and phrases appear in these Terms and Conditions, they will
always have the following meanings:
- “Data Subject” means an identifiable person. One who can be identified directly or indirectly by
reference to an identification number or to specific information provided by him or her in
accordance with the provisions of these Terms and Conditions; - ” NG Clearing” means NG Clearing Limited. For more information on Data Subject, please refer to
the Privacy and Cookie Policy; - “Personal Data or Personal Information” means the data relating to a Data Subject which is
collected to enable you to use the Website, and includes Bank Verification Number (BVN) and any
other data collected for the purpose of effecting a transaction on the website. For more information
on Personal Data or Personal Information, please refer to the Privacy and Cookie Policy. - “Website” means this electronic website (www.ngclearing.com) operated and maintained by NG
Clearing; and - “You” means the person using this website in accordance with these Terms and Conditions and
“your” shall be construed accordingly.
- “Data Subject” means an identifiable person. One who can be identified directly or indirectly by
6.0 Eligibility
You hereby confirm that, in consideration of NG Clearing providing you access to the Website,
you have read, understood and agreed to be bound by these Terms and Conditions each time
you access this Website.
7.0 Registrations and Confirmation
By registering for any services provided through this Website, you agree to pay any fees that are
due in respect of any such service that you use. Where any service for which you register on or
through this Website is provided by or with a service provider, agent or partner of NG Clearing,
you agree that you will observe any additional terms and conditions associated with the part of
the service provided by them.
By registering on this Website, you warrant to NG Clearing that all the information provided by
you are true, complete and accurate in all respects. NG Clearing will take all information supplied
via this Website at face value and shall not be responsible for any inaccurate, untrue or false
information or any information supplied under false pretences.
7.1 Application for Registration for Services and/or Use of the Website
1. NG Clearing reserves the right, at its sole discretion, to refuse to act on your application for
registration and/or updates of your registration data made via this Website.
2. If your application is accepted, you agree to receive marketing and promotional materials via an
e-mail broadcast unless you have selected not to receive these materials. You also consent that
your registration details will be utilised by NG Clearing as the relevant service provider when you
register and login to the Website using your registration User ID for the relevant service.
3. Your consent to receive marketing and promotional materials electronically will remain in effect
until you revoke such consent. To unsubscribe or revoke your consent to receive these electronic
notifications, you will need to apply the unsubscribe option made available within this Website.
Please note that it may take some time for us to update our records to ensure that your new
choices are respected.
4. You must ensure that you update your details (including any change in your e-mail address) on
the Website immediately whenever any such change occurs.
7.2 Your Responsibilities
1. You confirm you that have read these Terms and Conditions and the Private Policy Statement and
agree to be bound by them every time you access the Website.
2. You shall not, and shall not attempt to decompile, reverse-engineer, translate, convert, adapt,
alter, modify, enhance, add to, delete or in any way tamper with, or gain access to, any part of
this Website or any services in relation thereto, or any software comprised in them.
3. You shall not, and shall not attempt to, copy, reproduce, republish, frame, upload to a third party,
transmit or distribute the whole or any part of this Website.
4. You shall not send, submit, post or otherwise transmit, material or messages that contain
software virus or any other files that are designed to interrupt, destroy, and negatively affect inany manner whatsoever, any electronic equipment in connection with the use of the Website or
other user’s ability to use the Website.
5. You shall not conduct any systematic or automated data collection activities (including scraping,
data mining, data extraction and data harvesting) on or in relation to the Website without NG
Clearing’s express written consent;
6. You shall not use this Website for any purposes relating to marketing without NG Clearing’s
express written consent;
7. You warrant and undertake that, at all times, you have all authorisations and consents (if required)
necessary for the transfer, use, control or processing of your Personal Information and other
information furnished to or received by NG Clearing in connection with or pursuant to your use
of the Website.
8. By using the Website, you indemnify NG Clearing and all other parties involved in the
development of the Website (collectively the “Indemnified Parties”) against any damages, losses,
costs or liabilities arising out of or in connection with any claims against the Indemnified Parties
arising from the transfer, use, control or processing of the Personal Information and other
information you provide on the Website which are later discovered to be inaccurate, false and
misleading.
9. You assume all responsibility and risk for the use of this Website.
7.3 Liabilities and Exclusion of Liabilities
1. NG Clearing shall not be liable to you for any loss or damage you may suffer or incur as a result of
your use of the Website unless such a loss or damage results directly from the fraud or willful
default of NG Clearing.
2. In the event that you do not comply with any provision of these Terms and Conditions and such
non-compliance results in any loss or damage to NG Clearing, you agree and undertake to
compensate NG Clearing in full for such loss and/or damage.
3. NG Clearing reserves the right to prosecute you if you, without a written authorization of NG
Clearing, reproduce, modify, transmit and/or redistribute data accessed on NG Clearing’s website.
NG Clearing also reserves the right to request for licensing fees for use of data where data
accessed on NG Clearing’s Website is used without such authorization.
4. Any limitation or exclusion of liability under these Terms and Conditions shall only be valid to the
full extent permitted by law.
5. NG Clearing is entitled, at its sole discretion, to take such steps as it may consider expedient,
including any steps required to comply with any law, regulation, order, directive, notice or request
from any government or regulatory authority (whether or not having the force of law).
6. To the full extent permitted by law, NG Clearing shall not, in connection with the provision of the
Website, be liable for any loss, damage or expense suffered by you or any third party by virtue ofany delay in acting on any instruction or any partial completion of or failure or inability to act on
any of your instructions for whatever reason (including, without limitation, any failure or error of
any computer or electronic system or equipment).
7. In no event will NG Clearing or its third party providers be liable for any damages, including
without limitation direct or indirect, special, incidental, punitive, or consequential damages,
losses or expenses arising out of or relating to your use of this Website, any failure of
performance, malfunction, fault in delivery, suspension, inaccuracy, termination, error, omission,
interruption, defect, delay in operation or transmission, computer virus, line or system failure,
unauthorized interception of information, unauthorized access or use or other security threats
relating to the Website or any other cause in connection with the performance, operation,
maintenance, use of or inability to use all or any part of the Website, even if NG Clearing or its
agents or advisors are advised of the possibility of such damages, losses or expenses (past
performance is no guarantee of future results).
8.0 Security and Confidentiality
a. You understand and agree that you are responsible for maintaining the confidentiality of
your login details such as your User ID and password. You agree and undertake that:
i. You will not disclose your login details, including your User ID and password to any other
person (as a precaution, NG Clearing recommends changing your login credentials
periodically);
ii. You will notify NG Clearing immediately if you suspect that either your login details such as
your User ID and/or password have been lost or stolen, compromised or that any other
person has obtained access to your registration details. Where you disclose (whether
intentionally or unintentionally or to the extent permitted by law) your login details,
whether your User ID and/or password, to any other person, NG Clearing disclaims all
liability (including liability for negligence) for any loss or damage that you or any third party
may suffer arising from or in connection with such disclosure or access to or use of these,
and you agree and undertake to indemnify NG Clearing against any and all liability, costs,
or damages arising out of claims or suits by third person(s) based on or relating to such
access to or use of your login details such as your User ID and/or password.
iii. You will log out of your browser at the end of each of your sessions on the Website.
iv. You shall solely be responsible for any activities that take place through your log in details
including your User ID or password.
v. Since email communications are not necessarily secure and there is always a risk that such
messages may be intercepted or tampered with, by registering for and/or using this
Website, you acknowledge that these risks exist and that confidentiality cannot always be
assured.
vi. Except where NG Clearing has been fraudulent, NG Clearing does not have any
responsibility and shall not be liable for any interception, redirection, corruption, copying,reading, tampering or loss of confidentiality which may take place either once an e-mail
message has been sent by NG Clearing or prior to an e-mail message being received by NG
Clearing; or for any losses, claims, damages or expenses which may be suffered or incurred
by you as a result of any such interception, redirection, corruption, copying, reading,
tampering or loss of confidentiality.
vii. Notwithstanding that NG Clearing takes reasonable care to ensure that electronic
communications generated by it are free of viruses or other corruption of data, you shall,
before opening or using any documents or attachments, check them for viruses and
defects.
viii. If a communication from you is found to contain a virus, NG Clearing shall not be obliged to
receive or act upon such communication.
ix. NG Clearing is not responsible in any way for direct, indirect, special or consequential
damages arising out of or in connection with your use of this Website.
x. Since by the nature of the internet, transactions may be subject to interruption,
transmission blackout, delayed transmission and/or incorrect data transmission. As such,
NG Clearing is not liable in any way for such interruption, transmission blackout, delayed
transmission and incorrect data transmission, loss of data or for malfunctions of any
information systems or communications facilities not under its control that may affect the
accuracy or timeliness of any transactions.
b. NG Clearing shall be entitled to disclose your login details such as your User ID and
password to any third party if required to do so by any law, regulation or court order.
c. In no circumstances shall NG Clearing be liable to you in any way whatsoever for any loss,
damage, costs and expense incurred by you as a result of, arising out of or in connection
with, whether directly or indirectly, the wrongful or fraudulent use of your login details,
including your User ID or password.
d. You shall have no rights, title, interests over your login details including your User ID or
password. NG Clearing or its relevant third party providers shall be entitled (in its sole
discretion and without assigning any reason) to terminate the use of the same at any time
whatsoever. Upon such termination, you shall no longer be entitled to use or access your
login details such as your User ID or password. NG Clearing shall not be liable to you or any
third party for any termination, deactivation or deletion of your login details, including your
User ID or password.
e. NG Clearing does not represent or warrant that this Website will always be available or
meet your requirements, that access will not be interrupted, that there will be no delays,
failures, inaccuracies, typographical or other errors or omissions or loss of transmitted
information, that no viruses or other contaminating or destructive properties will be
transmitted or that no damage will occur to your computer system.
f. You have sole responsibility for adequate protection and back up of your data and/or
equipment and for undertaking reasonable and appropriate precautions to scan for
computer viruses or of other destructive properties.
NG Clearing makes no representations or warranties regarding the accuracy, timeliness
functionality or performance of any software that may be used in connection with this
Website.
h. To the full extent permitted by law, NG Clearing excludes all liability that may arise in
respect of all the software that is used in connection with this Website. Please note that
this Website may have capacity limitations if there are too many users accessing
simultaneously.
i NG Clearing reserves the right to restrict access when security risks are detected.
9.0 Third Party Websites
1. You may not frame, link or deep-link this Website to any other website without our prior written
consent. Should you wish to frame or to set up a link / deep-link to this Website, please contact
NG Clearing via [email protected]. Without prejudice to any of its rights, NG Clearing may,
upon discovering such unauthorised framing, linking or deep-linking, disable them.
2. If the Website provides links to Websites and access to content, products and services from third
parties, including users, advertisers, affiliates and sponsors of the Website, you agree that NG
Clearing is not responsible for the availability of, and content provided on third party websites or
content. You are required to peruse the policies posted by other websites regarding privacy and
other topics before use. NG Clearing is not responsible for third party content accessible through
the Website, including opinions, advice, statements and advertisements, and you shall bear all
risks associated with the use of such content. NG Clearing is not responsible for any loss or damage
of any sort which you may incur from dealing with any third party. When you access such links,
please understand that they are independent from NG Clearing.
3. By using any third-party content, you may leave the Website and be directed to an external
website, or to a website maintained by an entity other than NG Clearing. If you decide to visit any
such site, you do so at your own risk and it is your responsibility to take all protective measures
to guard against viruses or any other destructive elements. NG Clearing makes no warranty or
representation regarding, and does not endorse, any linked websites or the information
appearing thereon or any of the products or services described thereon. Links do not imply that
NG Clearing or the Website sponsors, endorses, is affiliated to, or associated with, or is legally
authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use any trademark, trade name, logo or
copyright symbol of NG Clearing or any of its affiliates or subsidiaries.
4. You hereby expressly acknowledge and agree that the linked sites are not under the control of NG
Clearing and NG Clearing is not responsible for the contents of any linked site or any link contained
in a linked site, or any changes or updates to such sites. NG Clearing is not responsible for the
accuracy or quality of any such contents. NG Clearing is not responsible for webcasting or any
other form of transmission received from any linked site. NG Clearing is providing these links toyou only as a convenience, and the inclusion of any link shall not be construed to imply
endorsement of the website in any manner by NG Clearing.
10.0 Changes and Operation of the Website
NG Clearing reserves the right, at its sole discretion, to make changes to any part of the
Website, suspend or terminate the operation of the Website at any time for the purposes
of support and maintenance or to update the information contained on the Website and
the information or these Terms and Conditions in order to improve or streamline the
services which it offers. Should these Terms and Conditions be amended, NG Clearing will
publish details of the amendments on the Website. By using this Website, you agree to be
bound by, and you agree to periodically visit, the Website to determine the current terms
of use to which you are bound. In the event that NG Clearing changes these Terms and
Conditions, amendments will be published on the Website.
11.0 Validity
1. If one, or part of these Terms and Conditions proves to be legally unsound or unenforceable in
any way, this will not affect the validity of the remaining terms in any way.
2. If NG Clearing relaxes any of these Terms and Conditions once, whether on a temporary basis or
as a special case, it will not affect NG Clearing’s right to enforce that term strictly again at any
time.
12.0 Indemnity
You agree to indemnify and hold harmless NG Clearing and its officers, agents, and
employees from and against any and all claims, demands, costs, damages and or penalties
arising out of any failure by you or any agent acting on your behalf to fully observe these
Terms and Conditions or by reason of any use by you or such agent of any information or
images provided on this Website.
13.0 Intellectual Property Rights
1. The information, composition and content contained on this Website, including but not limited
to, text, data, audio, video, programming, functionality, software, source code, graphics,
photographs, databases, illustrations, artwork, names, logos, designs, button icons, scripts,
trademarks, trade dress, service marks, domain names, service names and the information
contained on the Website regarding or connected to NG Clearing and in respect of the activities
of NG Clearing, whether registered or unregistered (collectively “NG Clearing Content”), are either
owned by and are the intellectual property of NG Clearing or licensed to NG Clearing, and are
subject to copyright and other intellectual property rights under Nigerian law and applicableinternational conventions. Where applicable, some of NG Clearing Content, including but not
limited to the text, images and other information herein and their arrangement, are protected by
copyright, trademark and other proprietary rights of the relevant third-party providers. NG
Clearing reserves the right to take legal action in respect of any reproduction, copying, imitating,
aggregating, reproducing, distribution, framing, displaying, selling, licensing, uploading to a third
party or for personal use, publication, adaptation, broadcast, public performance or other use or
communication to the public of the information contained on the Website without the prior
written consent of NG Clearing. You are not permitted to use any of the trademarks displayed on
the Website without the prior written consent of NG Clearing or the third party that owns the
trademark.
2. Unauthorised use/exploitation of NG Clearing Content on the Website may violate copyright,
trademark and other applicable intellectual property and proprietary laws in force in Nigeria
and/or outside Nigeria and could result in criminal or civil penalties. You are granted a nonexclusive, non-transferable, limited right to access the Website in order to use the relevant
services contained herein that are applicable to you.
3. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise,
any license or right under any patent, trademark, or proprietary or intellectual property rights of
NG Clearing or of any third party. Except as expressly provided above, nothing contained herein
shall be construed as conferring any license or right under any NG Clearing’s copyright.
4. NG Clearing represents that this Website and NG Clearing Content either belong to NG Clearing
or are licensed to, or authorised for use by, NG Clearing or affiliates and are protected by
copyright, trademark, trade secret, patent and any other applicable intellectual property and
other laws and conventions in force in Nigeria and/or outside Nigeria. NG Clearing Content is
provided to you “AS IS” and solely for the purpose of using the relevant services contained herein
that are applicable to you. NG Clearing Content may not be used, including as part of trademarks
and/or as part domain names, in connection with any product or service or website in any manner
that is likely to cause confusion and may not be copied, imitated, reproduced, aggregated,
distributed, broadcast, displayed, sold, licensed, or otherwise used or exploited for any other
purpose whatsoever in whole or in part, without the prior written permission of NG Clearing. You
agree not to republish (for any lawful or unlawful purpose), reproduce, copy or modify, imitate,
aggregate, distribute, broadcast, display, sell, license, or otherwise use or exploit any part of NG
Clearing Content on this Website without prior written permission from NG Clearing. All rights not
expressly granted herein are reserved.
e. All trademarks, service marks, logos and any other marks whatsoever are used for the
benefit of their respective owners and are not intended to infringe the trademark of any
such person.
f. NG Clearing or any of its relevant third party providers (as an intended third party
beneficiary) may enforce its rights against you.
14.0 Privacy and Cookie Policy
Please refer to the Privacy and Cookie Policy in relation to the use of this Website, especially as
regards, the use of Personal Data.
15.0 Third party advertising
Third party advertisements are clearly labelled as such and may be chargeable. NG Clearing does
not endorse and is not responsible for the content of any third party advertisement on this
Website or otherwise.
16.0 Access to this Website
ACCESS TO THIS WEBSITE OR ANY PART OF IT MAY BE RESTRICTED UNDER SECURITIES LAWS IN
CERTAIN JURISDICTIONS. BY YOUR USE OF THIS WEBSITE, YOU CONFIRM CERTAIN MATTERS
(INCLUDING THAT YOU ARE NOT RESIDENT IN SUCH A JURISDICTION), BEFORE YOU MAY OBTAIN
ACCESS TO THE INFORMATION ON THIS WEBSITE OR ANY AREA OF THE WEBSITE. THESE
MATERIALS ARE NOT DIRECTED AT OR TO BE ACCESSED BY PERSONS RESIDENT IN ANY
JURISDICTION WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF THE RELEVANT LAWS OF
THAT JURISDICTION OR WOULD RESULT IN A REQUIREMENT TO COMPLY WITH CONSENT OR
OTHER FORMALITY.
17.0 Overseas Persons
As a consequence of legal restrictions, the release, publication or distribution of information
contained on this Website in certain jurisdictions or to certain persons may be restricted or
unlawful. All persons resident or located outside the Federal Republic of Nigeria who wish to view
this Website must first satisfy themselves that they are not subject to any local requirements that
prohibit or restrict them from doing so and should inform themselves of, and observe, any
applicable legal or regulatory requirements applicable in their jurisdiction. If you are resident or
located in a country that renders the accessing of this Website or any part or parts thereof illegal,
whether or not subject to making certain notifications or taking other action, you should not view
this area of the Website or such illegal part or parts of the Website.
It is your responsibility to satisfy yourself as to the full observance of any relevant laws and
regulatory requirements. If you are in any doubt, you should not continue to seek to access this
Website or area of the Website.
You should not forward, transmit or show the announcements, information or documents
contained on this Website to any person (other than your professional advisers). In particular,
you should not forward or transmit the announcements, information or documents contained
therein to any jurisdiction where it would be unlawful to do so18.0 Contacting NG Clearing
NG Clearing’s customer service contacts are [email protected] NG Clearing shall endeavour
to respond to enquiries/issues or complaints sent or made to this customer service contacts
within 24 hours.
19.0 Severability
Each of the provisions of these Terms and Conditions is severable and distinct from the others. If
at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any
respect under the laws of any jurisdiction, the legality, validity or enforceability of the remaining
provisions shall not be affected in any way.
20.0 Governing Language
These Terms and Conditions, and the contents of this Website are available in English.
21.0 Governing Law and Jurisdiction
By accessing this Website or the services on this Website, you agree to be governed by the laws
of the Federal Republic of Nigeria and the Nigeria Data Protection Regulation 2019 (as may be
amended, re-enacted or replaced). The laws of the Federal Republic of Nigeria will govern all
matters relating to these Terms and Conditions and the use, or inability to use the Website, and
shall apply without regard to the principles of conflict of laws.
You agree to submit to the exclusive jurisdiction and venue of the Courts of competent
jurisdiction in the Federal Republic of Nigeria.
Notwithstanding the foregoing, NG Clearing may seek recourse in any jurisdiction worldwide, in
connection with or in order to, restrain the unlawful use of the Website or any material contained on the
Website