TERMS OF USE- CAFÉ ONE by Sterling

Welcome to Café One by Sterling Bank Plc where innovation meets community. 

 

INTRODUCTION.   

These Terms constitute a binding agreement between You and Sterling Bank Plc (“We”, “Our”, “Us”, or “Sterling”), and are deemed accepted by You (“User”) each time that You use or access the Platform. 

 

Please read these Terms of Use (“Terms”) carefully before accessing or using the Café One website, applications (including mobile applications) or services (collectively referred to as the “Platform”). The Terms govern and apply to your access and use of the suite of services (“Services”) on the Platform.  By accessing and using the Platform, you agree to be bound by these Terms and all other terms and policies that are applicable to any account or service you can access through the Platform (collectively referred to as “Terms”). If you do not wish to be bound by any of these Terms, you may not access or use the Platform. 

 

If you do not agree with the terms of this Agreement, then you will be unable to access the Services available on the Platform.  

 

By entering this Agreement, You represent and warrant that you are;  

  • over 18years of age 

  • authorized to access the Platform for and on behalf of your organization (if User is acting on behalf of its organization) 

  • you are not accessing other users’ profile on the Platform to determine their eligibility for credit or insurance; or for the purpose of gathering statistical User Data etcFor the purposes of these Terms of Use, “User Data” means all information and data relating to a User of the Platform. 

 

ABOUT THE PLATFORM 

Café One by Sterling is redefining banking. We understand that banking should be a partnership—intentional, convenient and beneficial. We identify each client’s financial targets; tailoring Sterling Bank’s innovative and digital products to their respective needs. Here, we offer premium and personal banking services while doubling as a Café. At our core is community. This is why we act as a platform for people to co-work, ideate, co-create and network; providing free Wifi and the best coffee in Lagos. 

 

REGISTRATION OF ACCOUNT 

You may be required to complete a User profile registration (“Profile”) on the PlatformYou agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform. You agree not to provide any false, incomplete or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading. 

When you register for an Account, you may be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account. 

Closing Your Account 

You may close your Account and terminate your relationship with us without cost, but you may remain liable for all obligations related to your Account even after your Account is closed. Any incomplete transactions must be completed or cancelled by you before closing the account. 

In certain cases, you may be unable to close your account, if: 

  • it may lead to evasion of an investigation. 

  • If you have a pending transaction or an open dispute; or 

  • If you have any pending obligations to Us 

 

ACCESSING THE PLATFORM 

If you register to use the Platform, then you represent and warrant that: 

  1. All information and data provided by you to us in connection with your use of the Platform is complete, accurate and not misleading as at the date it was provided  

  1. you will not use, or misuse, the Platform in any way which may impair its functionality; 

  1. you will not use another person’s email address, identity or contact detail; 

  1. you will not copy, modify, translate, or otherwise create derivative works from any part of, or reverse engineer any part of the Platform (or attempt to do so, or assist anyone else to do so); 

  1. you will not sell, transfer, or assign any rights you have in relation to the Platform – this includes sharing your access or information from the Platform with any other person 

  1. you are solely responsible for all activities that occur using your password and login whether or not you authorize the activity; 

  1. you will not interfere with, or disrupt, the provision of the Platform or its use by anyone else; 

  1. your use of the Platform does not contravene the laws of the Federal Republic of Nigeria; 

  1. will not attempt to gain unauthorised access to Café One server or any server, computer or database connected to Café One; and 

  1. you are responsible for providing secure internet or wireless access, and for ensuring that your computer system and/or device(s) meet all the necessary technical specifications, to access and use the Platform. 

 

INTELLECTUAL PROPERTY  

 

All materials available on the Platform and all material and Services provided by or through the Platform, including, but not limited to, software, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, all informational text, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

 

This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide on the Platform related to the Services  (“Feedback”) are and will be our exclusive property without any compensation or other consideration payable to you by us and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivativeYou hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights thereto. 

 

DISCLAIMERS 

 

  1. The Platform may be under constant upgrades, and some functions and features may not be fully operational during periods of upgrade or software maintenance. 

 

  1. We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information. 

 

  1. You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services. 

 

  1. You assume all responsibility and risk with respect to your use of the Platform. The Services are provided and available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the Platform, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. 

 

  1. We do not warrant that use of the Platform will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services. 

 

  1. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the Platform / services or our agreement with you concerning the services, including, but not limited to, (i) the use of or inability to use the Platform, the service, or the content, (ii) any transaction conducted through or facilitated by the Platform; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Platform, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Platform, the service, or the content, and any compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. 

 

SEVERABILITY 

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. 

 

PUBLICITY 

 

We retain the right to use, publish and otherwise disseminate a user’s image, business logo, and like information in our marketing material and on the Platform, for promotional purposes and for any other lawful purpose.  

 

FORCE MAJEURE 

To the fullest extent permitted under applicable law, we will be excused from performance under these Terms for any period that we are prevented from or delayed in performing any obligations pursuant to this Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e); (f) unauthorized access to our  information technology systems by third parties; or (g) other causes beyond our reasonable control and contemplation. 

 

INDEMNITY 

You agree to unconditionally release, indemnify, defend and hold Sterling harmless against any liability, cost, expense, loss or any damage incurred by us including penalties or fines imposed by any regulatory authority (including but not limited to professional advisors’ or cost of legal fees) for any Claim arising from or related to: (a) Sterling providing the Service, or accepting an instruction from you or your nominated beneficiary or anyone else using the Service with your access credentials; or (b)your breach of this Agreement or a representation or any of the warranties or representation that you give, (c) a third party claim against you. You acknowledge and understand that this Indemnity obligations shall remain in force even after you close your account or discontinue the use of the Platform. 

 

GOVERNING LAW AND DISPUTE RESOLUTION 
 

These Terms are governed by the laws of the Federal Republic of Nigeria.  

We will use our best efforts to resolve any issue that may arise from the use of the Platform. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access to the Platform or the services shall be referred to Mediation at the Lagos Multi-Door Courthouse, in accordance with the Lagos State Multidoor Courthouse Rules 2007 or extant law. 

ENQUIRIES AND COMPLAINTS 

If you have any questions, complaints or claims with respect to these terms or the Platform, please contact us at Cafeone@sterling.ng