1. Who we are
Hello, and thank you for visiting oban.market. The Website on which these Terms are made available is operated by Swip3 Inc. (referred to in these terms as Oban Market (its affliates and subsidiaries), we, us or our).
2. Our Terms
- 2.1 Please read these Terms carefully before you start using our Website. These Terms are important as they explain some key things about the Website and our ability to provide distribution solutions for a variety of services including , but not limited to, comparing loan, savings, data bundle and insurance products information (the “Services”)
- 2.2 If you use the Website you agree to be bound by these Terms. These Terms form a legally binding contract between you (whether using personally or on behalf of any person) and us, and govern your access to and use of our website , our products and services through any online platform/channel, device/application related, linked, or otherwise connected. If you do anything in breach of these Terms we may terminate your right to use the Website.
- 2.3 By accessing or using our Website, you agree that you have read, understood and agree to be bound by these Terms. Where you do not agree, you are not permitted to access or use our Website and you must discontinue use immediately.
- 2.4 We reserve the right, at our sole discretion, to amend, vary or modify these Terms at any time with or without any reason. In the event of any modifications to these Terms, we will inform you by updating the “Last Updated” date of the Terms. You hereby waive your right to receive specific notice of each such change and it is you are advised to remain abreast of any updates. You will be deemed to have been made aware of and to have accepted the changes in the modified Terms by your continued use of the Website after the date on which such revised Terms are posted. If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use the Website and must discontinue use immediately. For avoidance of doubt, changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
- 2.5 To use the Website you must be at least 18 years old.
- 2.6 We may change the features contained on our Website from time to time. We do not guarantee that any particular content or functionality or any particular service will be made available on our Website. We reserve the right to change, modify, add, remove or discontinue any and all of our Website (and/or the appearance, design, functionality, and all other aspects of any and all of our Website in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
- 2.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms and/or our Website, including any loss of business or the ability to use any service or Content. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
- 2.8 We take your privacy rights very seriously. In addition to these Terms, our Privacy and Cookies Policy also applies to your use of the Website and is, where relevant, incorporated by reference into these Terms. Please read these Terms carefully, and feel free to contact us should you require any information or clarification
- 2.9 Despite our rights outlined here you are solely responsible for all materials and information you post.
3. Oban Market’s role
- 3.1 We operate the Website as a platform for you to make the most of mutual business opportunities, by providing you with a variety of services including , but not limited to, comparing loan, savings, data bundle and insurance products information (the “Services”). The Services may change from time to time as at our discretion.
3.2 Registering an Account
In order to create your own Account, you will need to register. When registering your Account we will ask you to provide:
- your full name;
- a valid and subsisting email address;
- website and about me (optional); and
- any other information reasonably requested by us as part of the sign up process. When registering an Account you will also need to select a password.
- 3.3 You warrant that all information you provide to us is true and accurate to the best of your knowledge and belief.
3.4 We reserve the right in our absolute discretion to disable any Account or refuse to deal with a user at any time if, in our opinion:
- you have not complied with any of these Terms;
- you have not provided any details requested or we have reason to believe that any details that are provided are false or inaccurate; or
- there is any other risk to the security or integrity of our Website.
- 3.5 You must treat your password as confidential and must not reveal it to anyone else or allow anyone else to use it. You must contact us immediately if anyone else has become aware of your password in circumstances in which there is a risk of misuse or if you have any reason to believe that there is any other risk of any unauthorised use of your Account. Unless you have notified us that something has happened to cause a risk of unauthorised use of your Account, then any activities that occur under your Account will be treated as if they were carried out by you.
- 3.6 Our usage of your personal information is governed by our Privacy and Cookies Policy, which forms part of these Terms. Please read the Privacy and Cookies Policy carefully as the Privacy and Cookies Policy deals with your rights and our obligations in relation to personal data and use of “cookies”, including what we can do with it, to whom we may disclose it to, together with your rights of access.
4. Restrictions to your use
5. Intellectual property rights
- 5.1 All intellectual property rights in any content on the Website (including text, graphics, software, domain names, photographs and other images, videos, sound, trade marks and logos and other distinctive brand features as well as content uploaded by you) are owned by Oban Market or our licensors. All of this property is protected under intellectual property laws, unfair competition laws and international conventions. The content and the marks are provided on the Website for your information and for the purposes of this Website
- 5.2 We own and retain, solely and exclusively, all rights, title, and interest in and to our Website, the look, feel, design and organization of our Website, all Content (unless otherwise indicated) and the compilation of all Content on our Website, including all trade secrets and proprietary rights therein. These Terms do not grant you any ownership over the foregoing, or any intellectual property rights or licence (except as expressly provided) in any Content by downloading such content from the website or otherwise.
- 5.3 Except to the extent expressly set out in these Terms, you are not being given any rights in respect of any intellectual property rights owned by us or our licensors. We give you a non-exclusive licence to use and access the Website and its content solely for your own personal use as permitted by these Terms. For the avoidance of doubt, no part of the Webite, content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission or (as applicable) the appropriate third party rights holder. Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
- 5.4 If you print off or copy pages from the Website where permitted by these Terms, you must not remove any copyright, trade mark or other intellectual property right notice(s) from the content.
6. Availability and standards
6.1 We will use our reasonable endeavours to ensure the Website is available for use by you at all times, but we do not give or enter into any condition, warranty, or other term to the
effect that the Website is or will be:
- available all the time;
- free from defects or viruses; or
- in compliance with any particular standards.
- 6.2 You acknowledge and agree that the Website may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access).
- 6.3 It is your responsibility to ensure that your computer system meets all the necessary technical specifications to enable you to access and use the Website.
- 6.4 We may withdraw or suspend the operation of the Website, or cease to provide and/or update content to the Website, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons. We will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.
- 6.5 We may impose limits on certain features of the Website or restrict your access to parts or all of it without notice or liability.
- 6.6 We may change the design, features and/or functionality of the Website from time to time. While we try to make sure that all information on the Website is correct, it is not intended to amount to advice on which reliance should be placed. You should check with us or the relevant information source and exercise your own judgement before acting upon any of the information available to you on the Website. To the fullest extent permitted by law, we will not be liable for any loss or damage incurred as a result of your use of the Website or any reliance on any of the Website content.
9. Limitation of Liability
To the fullest extent prescribed by law, under no circumstances will be liable to you or any third party for any indirect, incidental, exemplary, punitive, special, or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with the use of our site, these terms or other agreements herein incorporated by reference. In any event, under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services on the site exceed the greater of [……] or the total amount you paid if any, in respect of any purchases of products displayed on the site in the 6 months before the event giving rise to such liability. The exclusions and limitations of liability provided above apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the Oban Market parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed in its essential purpose. Applicable law may not permit the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided above may not apply to you, in which case the liability of Oban Market parties will be limited to the fullest extent permitted by applicable law.
You acknowledge and agree that your access to and use of the website will be at your sole risk. To the fullest extent permitted by law, we make no representations or warranties of any kind, as to the services provided on our website or any content, including any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoymentand any warranties arising out of the course of dealing or usage of trade, all of which we and our officers, owners, directors, consultants, agents and employees (collectively, the “Oban Market parties”) expressly disclaim to the fullest extent permitted by applicable law.
We make no warranties or representations that our services, the site or any content will meet your requirements or be available, accessible, uninterrupted, timely, accurate, reliable, complete and we make no such warranties or representations in respect of the accuracy or completeness of the content of any websites linked to this site or endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising on this site. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
We will assume no liability or responsibility for:
- Any errors, mistakes, or inaccuracies of content and materials;
- Any personal injury or property damageof any nature whatsoever, resulting from your access to and use of the website;
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party;
- Any interruption or cessation of transmission to or from the website; and/or
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
All Users agree to indemnify, defend, and hold us and all Oban Maret Parties harmless, at their own cost, from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable professional fees of any necessary advisors or agents) arising out of or related to:
- a breach of any of these Terms and other applicable agreements with us (including any term, policy or condition incorporated into these Terms by reference)
- User Content
- any misrepresentation made by such User or (iv) a violation of any law or the rights of any third party, including any intellectual property, privacy and publicity rights.
Notwithstanding the foregoing, we reserve the right, at Users’ own cost, to assume the exclusive defense and control of any matter for which such User is required to indemnify us, and each User agrees to cooperate, at its own cost, with our defense of such claims. We will use reasonable efforts to notify a User of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
12. General Release
To the fullest extent permitted by applicable law, you release the Oban Market parties from claims, demands, suits, damages (actual and consequential), losses, liabilities, and expenses (including the professional fees of any advisors or agents) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with any disputes between you and one or more other users or other third parties resulting directly or indirectly from your use of our site, any user content or conduct, performance or non-performance (whether online or offline) of any other user or other third party in any way connected with our site, including any defamatory, misleading, offensive or unlawful conduct or user content and/or any unauthorized access to or use of our site or your user content and/or information. You expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of entering into this release.
13. International Use
Our services, the Site and all related activity are based in Nigeria and on Nigerian law and we do not represent or warrant that our services, the Site or such related activity will be appropriate or available for use outside Nigeria. If you are located outside Nigeria, you agree to ensure that your access to and use of our Site complies with all applicable laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. Kindly refer to the Policy, regarding the transfer of data from Nigeria.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change and/or update the Content and any information on the Site at any time, without prior notice.
Every provision of these Terms shall remain in full force and effect while you use the Website, however you may stop using our Website at any time, subject to any other agreements between you and us. Regardless of any other statement in these Terms and without limiting any other provision of these Terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the website to any person for any reason , including without limitation, for breach of any representation, warranty, or covenant contained in these terms or breach of any applicable law or regulation. We may terminate your use of the website or delete any content or information that you posted at any time, without notice and at our sole discretion.
After any termination of these Terms and/or any termination of your access to or use of our Website, the following will survive and remain in full force and effect
- all outstanding obligations you may have to us under these Terms or otherwise
- all remedies for breach of these Terms,
- the following sections of these Terms (External Links), (Disclaimer), (General Release), (Limitation of Liability), (Indemnification), (Governing Law and Dispute Resolution), (International Use), (Termination), (Feedback), (General) and any other section or provision intended to survive such termination.
We want to provide an enjoyable, user friendly and useful service to our Users and as such we invite constructive feedback, suggestions or other information (“Feedback”) about our Website, the services we provide and your experience. Please note that this Feedback shall become our property to be used to improve our services. In addition, you agree that we shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. We will have no obligation to act on, use or respond to any Feedback in any way. You hereby waive all rights to any such Feedback and and warrant that any such Feedback is original or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
17. Electronic Communication
By using our Website and agreeing to the Policy, you consent to the receipt of communication from us and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic means. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. Should you decide to withdraw your consent to receive emails, please use the “unsubscribe” button in our emails or contact us directly.
- 18.1 These Terms and any document expressly referred to in them represent the entire agreement between us. This clause shall not operate to exclude any representations made fraudulently.
- 18.2 If we fail to enforce any of these terms, or delay in doing so, that does not equate a waiver of those rights. If any provision of these Terms is found to be unenforceable, all other provisions will remain unaffected.
- 18.3 These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to any Person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.
- 18.4 Notwithstanding that any part or any provisions of these Terms may be proven to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question will remain in full force and effect.
- 18.5 Nothing in these Terms shall be deemed to constitute a partnership, employment, agency relationship or joint venture between us and any User or constitute us as the agent of any User and vice versa for any purpose or entitle us to bind or commit any User to any debt, obligation or in any manner whatsoever, and vice versa.
- 18.6 You agree that the interpretation of the provisions of these Terms or any other agreement between us and any User will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing and agree that your use of the Site in any manner, constitutes your full acceptance of these Terms.
- 18.7 These Terms may not be varied by you unless both parties agree in writing.
19. Contact us
Please submit any questions you have about these Terms or any problems concerning the Website or its use to us by any of the following means:
- by email at firstname.lastname@example.org;