Terms and Conditions of Use

Please read these Terms and Conditions of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of the digital asset trading platform operated by Africhange Technologies Limited (the “Company”), accessible via the website located at www.nairaex.pro (the “Website”) and related mobile applications (the “App”). The Website and the App, together with all content, features, information and services made available on or through the Website and App, are referred to collectively as the “Services”).

For the purposes of these Terms of Use, the words “we”, “us”, and “our” refer to the Company. The terms “you”, “your” and “user” refer to (i) the individual accessing or otherwise using the Website or the Services for personal use, and (ii) the corporation, partnership, institution, joint venture or other entity, whether incorporated or unincorporated, on behalf of whom the individual is accessing or otherwise using the Website or the Services.

  1. TERMS OF USE

    1. ACCEPTANCE OF THESE TERMS OF USE

      By accessing, reading, and making use of this Website and the Services, you are deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, these Terms of Use and agreed with the Company to be bound hereunder. For the purposes of these Terms of Use, “person” means any natural person, corporation, partnership, joint venture or any other incorporated or unincorporated entity, whether acting as an individual, fiduciary, or in any other capacity.

      If you do not wish to be bound by these Terms of Use, you may not use this Website or any of the Services.

    2. CHANGES TO TERMS OF USE AND WEBSITE

      The Company reserves the right, exercisable at any time at its sole discretion, to add to or remove, modify or otherwise change any part of these Terms of Use. Changes will be effective immediately at such time as the Terms of Use are posted on this Website. You should check the Terms of Use for changes by checking the date this page was last updated. If any change to the Terms of Use is not acceptable to you, you must discontinue your use of this Website and the Services immediately. Your continued use of this Website or any of the Services after any changes to the Terms and Conditions will constitute your unqualified acceptance of the changes.

      The Company may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice. Without limiting the generality of the foregoing, the Company may change the availability of any features, institute new, or amend existing fees or charges for the use of the Website, the Services, or any features included in the Website or the Services, add, remove, modify or otherwise change any content on this Website, and impose limits on certain features or restrict access to parts or all of this Website. The Company reserves the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time and without notice.

    3. OTHER AGREEMENTS

      These Terms of Use are in addition to and supplementary to any other agreements that you or any person you represent have or may enter into with the Company concerning your dealings with them, including any information, products or services provided by the Company. In the event of any inconsistency or conflict between the provisions of these Terms of Use and the provisions of any other agreement that you or any person you represent have with the Company, the provisions of these Terms of Use shall govern regarding your access to and use of the Website and the Services.

  2. The Services

    1. DIGITAL ASSET MANAGEMENT

      Among the Services made available by the Company through the Website, the Company shall provide certain digital asset management and digital currency exchange and trading services (collectively, the “Digital Asset Management Services”) to users that have created a NairaEx Pro Account (defined below). Using the NairaEx Pro Account and the payment processing services provided by the Company, users shall be entitled to deposit euros, or such other currencies as are made available on the Services from time to time, into their NairaEx Pro Account and convert those funds into various digital assets, including virtual currencies, digital currencies, digital commodities, and cryptocurrencies based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange or store of value (including but not limited to Bitcoin, Bitcoin Cash, Litecoin, XRP, Dash and Bitcoin Gold), and such other digital assets as the Company may make available on the Website from time to time (each, a “Digital Asset”). Using the NairaEx Pro Account and the payment processing services provided by the Company, users may purchase and manage their Digital Assets, exchange their Digital Assets for other Digital Assets or euros (or such other currencies as are made available on the Services from time to time) and withdraw their Digital Assets or fiat currency, as the case may be, from their NairaEx Pro Account in accordance with the Company’s posted exchange rates, these Terms of Use and the policies of the Company, as same may be amended, supplemented, restated and replaced from time to time.

    2. NAIRAEX PRO ACCOUNT AND DIGITAL ASSET MANAGEMENT SERVICES

      You must create a user account (a “NairaEx Pro Account”) in order to access and use many of the Services made available through the Website, including the Digital Asset Management Services. In order to create your NairaEx Pro Account, you must follow the account registration process set out on the Website and provide accurate and complete information to the Company, as required, together with a unique secret password necessary for you to access your NairaEx Pro Account.

    3. USER'S ACKNOWLEDGEMENTS, REPRESENTATIONS, WARRANTIES AND COVENANTS

      By creating a NairaEx Pro Account or using the Services, including the Digital Asset Management Services, you acknowledge, represent, warrant and covenant to the Company as follows:

      1. Eligibility to Use Services

        You are at least 18 years of age or, if the age of majority in the jurisdiction in which you reside is greater than 18 years of age, you are at least that age. You are otherwise fully competent and have the active legal capacity to enter into and be bound by these Terms of Use and to perform your obligations as herein set out.

      2. The Company does not make the Services available in all jurisdictions. You may view a current list of all jurisdictions in which the use of the Services is prohibited at NairaEx Pro Restricted Locations (the “NairaEx Pro Restricted Locations”). You represent and warrant that you are not located in, under the control of, or a citizen or resident of any of the NairaEx Pro Restricted Locations.

      3. Notwithstanding the omission of any country or jurisdiction from the NairaEx Pro Restricted Locations, any use of the Services from a location where the Website or Services are illegal or otherwise unauthorized by the competent authorities located therein is expressly prohibited. The Website and Services may be used only for lawful purposes and in a lawful manner. Any user that uses the Website or the Services in a manner that is unauthorized or in contravention of the law in their jurisdiction of residence or nationality shall be liable to and responsible for any losses or damages incurred by the Company in connection with such unauthorized or unlawful action.

      4. In order to register for a NairaEx Pro Account and use the Services, you must provide us with any identify verification and other information that we request to comply with our AML & KYC Policy. The identification of Individuals and Legal Entities verification does not obligate the Company to establish a business relationship or guarantee the accessibility of services. In the event that the information requested for verification is correct, the Individual or Legal Entity may have access to trade the different cryptocurrencies offered by the Company.

      5. You may be required to provide additional information from time to time, in order to continue using the Services. You hereby authorize us to verify your identity and other information you provide to us, at any time as required by the Company, including to query for information held by third parties, and to take such action as we determine is necessary or prudent based on the results of such inquiries or otherwise in connection with our AML & KYC Policy. NairaEx Pro reserves the right to determine in its sole discretion whether any information supplied by you or obtained from third parties is sufficient to comply with our AML & KYC Policy.

      6. You agree to the terms of all NairaEx Pro programs, policies and guidelines, including without limitation, the AML & KYC Policy, the NairaEx Pro Referral Program, and any other programs or policies published by NairaEx Pro from time to time (collectively, the “NairaEx Pro Programs and Policies”). NairaEx Pro reserves the right to modify the terms of any NairaEx Pro Programs and Policies at any time in its sole discretion, including without limitation, by ending or implementing new NairaEx Pro Programs and Policies.

      7. Any user that uses the Website or the Services in a manner that is unauthorized or in contravention of the law in their jurisdiction of residence or nationality may have their NairaEx Pro Account revoked and be required to forfeit some or all of the Digital Assets and funds held therein. Without limiting the generality of the foregoing, in the event the Company or incurs any losses or damages as a result of a user’s unlawful or unauthorized use of the Website or Services, the Company shall have the right to freeze such user’s NairaEx Pro Account and, upon notice to the user, recover such losses or damages by withdrawing the Digital Assets and funds maintained therein and applying same toward remedying the losses and damages.

      8. You have obtained such legal and tax advice as you consider necessary and appropriate in connection with your trading of Digital Assets and use of the Digital Asset Management Services. It is your responsibility to determine what, if any, taxes apply to the transactions you complete using Digital Asset Management Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.

      9. Your use of the Website and the Services will conform with all applicable laws, including all laws relating to intellectual property rights, data privacy, international communications and the transmission of technical or personal data.

      10. Information and Privacy

        All personal information that we collect via the Website or otherwise in connection with the Services is subject to our Privacy Policy (the “Privacy Policy”), which we encourage you to read carefully. The Privacy Policy is incorporated by reference into these Terms of Use.

      11. All information that you submit to the Company, in connection with the creation of your NairaEx Pro Account or otherwise, is true, complete and correct in all material respects. Should any information change after the date of submission (for example, your phone number or home address), you will update the information submitted to the Company no later than 15 days after the date of such change. The Company does not accept any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with your failure to maintain current and accurate information with the Company.

      12. You are solely responsible for the activity that occurs on your NairaEx Pro Account, and you must keep your account password secure and not disclose it to any person or permit any other person to use it.

      13. You will immediately notify the Company of any breach of security or unauthorized use of your NairaEx Pro Account. The Company will not be liable to you or any other person for any losses or damages caused by the unauthorized use of your NairaEx Pro Account, and you may be held liable for any losses or damages suffered by the Company or others arising from such unauthorized use.

      14. Subject to the Privacy Policy and any applicable laws, any communications that you send via the Services, whether solicited by us or otherwise, are deemed to have been communicated on a non-confidential basis, and the Company shall have the right to use and disclose the content of any such communications, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing or marketing goods and services.

      15. Pursuant to the Regulatory and Legal Framework for Money Laundering in Nigeria or any other laws or regulations in Nigeria or elsewhere which takes legislative measures against terrorists and other listed and sanctioned individuals and entities (collectively, “AML Legislation”), the Company may be required, from time to time, to disclose to the Nigeria Financial Intelligence Unit (“NFIU”) or other governmental authorities certain information about users and NairaEx Pro Accounts that the Company, the NFIU or other governmental authorities believe may be linked to money laundering or terrorist financing or a violation of AML legislation. The Company does not accept any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with any disclosure by the Company that is compelled by a governmental authority, legislative body, or pursuant to any AML Legislation or any other applicable law.

      16. Digital Assets

        As of the date of these Terms of Use, the Digital Assets available for purchase via the Website and the Services are not “securities” within the meaning of the Nigerian Investments and Securities Act(Isa) 2007, therefore, you will not have access to any of the rights, remedies or other protections available at law to purchasers of securities.

      17. The Digital Assets do not grant to the holders thereof any rights commonly associated with securities ownership, such as voting rights and rights to participate in the equity of an issuing company.

      18. The Digital Assets have no inherent or underlying monetary or other value and may, at any time and without warning or notice, have no such value whatsoever.

      19. The Services and all Digital Assets made available using the Services are provided on an “as is” and “as available” basis. The Company makes no representations or warranties with respect to the Services or the Digital Assets available for purchase and sale using the Services and you are solely responsible for informing yourself as to the nature and value of your Digital Assets prior to engaging in a transaction with them.

      20. The Services, including the Digital Asset Management Services, do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful.

      21. Market Risks

        Through the Website, the Company offers a marketplace for the buying and selling of Digital Assets. Digital Assets and the markets in which such Digital Assets are traded are listed at the sole discretion of the Company. The Company reserves the exclusive right to add and remove Digital Assets and markets from the Services at any time.

      22. In the event the market for a Digital Asset is closed or removed from the Services, your open orders will be cancelled, and your NairaEx Pro Account will be credited an amount equal to the value of the cancelled orders. If a Digital Asset is scheduled for removal from the Services, you will be notified and granted 25 days to withdraw your funds from your NairaEx Pro Account if permitted by the applicable Digital Asset or its blockchain. The Company does not bear any responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with the removal of a Digital Asset or market from the Services.

      23. While we strive to ensure that the marketplace is both fair and free, the Company cannot be held accountable for any form of market manipulation that may occur, whether it be within the marketplace made available through the Digital Asset Management Services, or in the worldwide marketplace for Digital Assets, including cryptocurrencies, as a whole.

      24. The purchase and sale of Digital Assets, particularly digital and virtual currencies and cryptocurrencies, involves high levels of speculation and risk. Due to the constant and frequent fluctuations in value and exchange rates, the value of your Digital Assets may increase or decrease at any time. The Company does not and cannot control the value of any Digital Assets. By creating a NairaEx Pro Account or using the Website or the Services, including the Digital Asset Management Services, you acknowledge and agree that the Company does not have any responsibility or liability to you or any other person whatsoever for any losses or gains incurred in connection with your use of the Website or the Services, including the Digital Asset Management Services.

      25. The prices of Digital Assets, including digital and virtual currencies and cryptocurrencies, are often unpredictable and experience swings due to a variety of reasons, including government interference, market conditions and speculation. The Company does not set the current market price for any of the Digital Assets. The price of Digital Assets, including cryptocurrency units traded using the Digital Asset Management Services platform, results directly from buy and sell orders placed by users.

      26. While the Company endeavours to provide current, accurate and complete information relating to the Digital Assets and Services, including prices and market data, the Company provides such information exclusively on an “as is” and “as available” basis. The Company makes no representations or warranties with respect to such information.

      27. Issuers of the Digital Assets may not be subject to ongoing public disclosure and reporting requirements and, therefore, it may be difficult or impossible to obtain accurate and current information relating to such issuers or the Digital Assets they make available. Due to the foregoing, there is a risk that others trading in Digital Assets may be doing so while in possession of material non-public information relating thereto.

      28. Any trading decision based on information provided by the Company or otherwise featured on the Website shall be the responsibility of the user alone. The Company assumes no responsibility and explicitly disclaim any and all liability for any action that you or any other user takes in the course of using the Website or the Services, including the Digital Asset Management Services.

      29. The Company does not own or control any underlying technology of the Digital Assets, including any technology governing the use of cryptocurrencies. We disclaim all liability regarding such underlying technology and make no representations or warranties regarding its security, functionality or availability. Changes in the underlying technology of the Digital Assets may mean that we will no longer support such Digital Assets and may remove such Digital Assets from the Services. In particular, the underlying technology of cryptocurrencies may change such that they are subject to new rules governing their operation (a “Fork”), which may result in more than one version of the cryptocurrency. We are not responsible for any consequences arising from a Fork, including any losses you may suffer. In the event of a Fork, we may suspend trading or remove from the Services any of the cryptocurrencies subject to or resulting from the Fork.

      30. In the event the Company is holding any Digital Assets on your behalf and the Company is unable to return such Digital Assets to you as contemplated in these Terms or otherwise following a period of your inactivity using the Services, then the Company may report and remit such Digital Assets in accordance with applicable unclaimed property laws.

      31. The Company

        The Company is not a financial institution, bank, credit union, trust, hedge fund, investment consultant or deposit business and is not subject to the same laws, regulations, directives or requirements applicable to such entities.

      32. The Company is not protected by the Nigerian deposit insurance corporation (the “NDIC”) or any similar entity providing comparable guarantee services. Funding to your NairaEx Pro Account, whether in a national currency or by means of a Digital Asset, are not protected by any governmental insurance policy. For added security and protection of your Digital Assets, we recommend you transfer all of your Digital Assets to offline cold wallets.

      33. All information, analyses, data, opinions and other content provided on the Website by or on behalf of the Company is provided for informational purposes only and are not intended to constitute financial, legal, tax or investment advice. The Company accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with information or other content posted on the Website.

      34. Order Processing

        All orders for the purchase or sale of Digital Assets that are confirmed and accepted are deemed to be final and irrevocable, except as required by applicable law or as expressly set out in these Terms of Use. The Company does not accept any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with a purchase or sale order that is incorrectly placed by a user.

      35. An open order for the purchase or sale of a Digital Asset may be cancelled at any time by a user prior to its confirmation, acceptance and final execution.

      36. All payment deposits to and withdrawals from your NairaEx Pro Account are processed by the Company and subject to transaction fees posted on the Website. Transaction fees are non-refundable and subject to change without notice from time to time. You authorize us, or our designated payment processor, to charge or deduct your NairaEx Pro Account for any transaction fees or other amounts owed to the Company. The user is solely responsible and liable for any taxes, fees and other expenses payable as a result of the user’s use of the Services. In case of any chargebacks, we may submit debits or charges to your payment methods until all amounts owed by you to us hereunder are satisfied in full. We may deduct any cryptocurrencies held by you in a NairaEx Pro Account if a payment for a purchase of cryptocurrencies using a bank account or credit card is subsequently reversed, for example, if such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated. We may also deduct cryptocurrencies held by you in a NairaEx Pro Account in satisfaction of any outstanding amount owed by you to the Company under Terms of Use.

      37. You hereby authorize the Company to request and obtain any consumer report, credit report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries and reports.

      38. By using our services, you agree to contact the support to resolve any problems you might have before opening a chargeback with your credit card company. If you fail to do so you agree to pay a fine equal to 100 USD for any unreasonable/invalid dispute you initiate with the credit card company. This fine will be used to cover the operating costs of chargeback processing.

      39. We reserve the right to hold all cryptocurrencies purchased using some specific method of payments such as, but not limited to Credit Cards for 30 days for security reasons. We may whitelist the users accounts once there are at least 6 months of history.

      40. The ability of the Company fulfil purchase and sale orders on a timely basis depends in part on the presence of a market for the relevant Digital Asset. It may not be possible to fulfil orders where there are insufficient corresponding purchase and sale orders. The Company accepts any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with purchase or sale orders that are not fulfilled on a timely basis in this regard.

      41. The Company may, in its sole discretion, match orders placed by users using a third-party platform or, alternatively, within the Company’s own network of users.

      42. The Company may, in its sole discretion, decline or delay the processing and fulfilment of any order or transaction for the purchase or sale of Digital Assets or fiat currency at any time and for any reason. Without limiting the generality of the foregoing, the Company reserves the right to cancel or delay any orders placed using the Services while system maintenance is ongoing, there is a shortage of liquidity in relation to a large volume of orders to be processed, or the Company determines.

      43. The Company may, in its sole discretion, cancel, modify or delay the processing and fulfilment, and/or take any other measures it deems appropriate to correct or reverse, any order for the purchase, sale or withdrawal of Digital Assets or fiat currency, either in whole or part, if the Company determines that such order is erroneous. An erroneous order may include an order that is the result of or affected by: (i) a disruption or malfunction in the trading platform or other technology used to provide the Services or a cryptocurrency network; (ii) suspicious or improper trading activity; or (iii) an obvious error in a term of the order (such as price or quantity). Notwithstanding the foregoing, the Company shall not be responsible or liable whatsoever for any losses or damages incurred by you or any other person arising from or in connection with any actions taken by the Company in response to an erroneous order.

      44. While the Company attempts to offer the best available exchange rates applicable to the Digital Assets and fiat currencies available on the Services, by using the Services (including the Digital Asset Management Services) you are deemed to accept and agree to all exchange rates posted on the Website and applicable to your transactions using your NairaEx Pro Account.

      45. In the event a user places a stop-limit buy or sell order that results in profits that exceed the trigger price of such order, the Company may retain the difference between the total order amount and the resulting return provided the terms of the stop-limit order are fulfilled.

      46. The Company does not accept any responsibility or liability whatsoever for any losses or damages incurred by you or any other person arising from or in connection with purchase or sale orders that are not fulfilled on a timely basis, or are cancelled, by reason of non-routine system maintenance or otherwise.

      47. Internet Usage

        Accessing and using the Website and the Services requires an internet connection and the transmission of data by your internet service provider. You shall be solely responsible for complying with your internet service provider’s terms and conditions of use, together with all fees and expenses you incur in connection with your use of the Website or the Services. In no event shall the Company be liable for any fees, expenses or other charges incurred by you or any other person in connection with your use of the Website or the Services.

      48. The Company cannot guarantee that the Services or the Website will always be available or free of errors. The Website and the Services may be subject to limitations, delays, downtime and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or losses or damages resulting from such problems.

      49. The Website and the Services may contain exploitable security flaws that, if subject to malicious cyberattack, may result in security breaches and the loss or theft of your data, Digital Assets or other funds in your NairaEx Pro Account. The Company does not warrant the security of any information you transmit using the Services or any transactions involving Digital Assets or other funds.

      50. While the Company will endeavour to provide notice to users in advance of any scheduled maintenance to the Website or Services that results in delayed or halted availability, it shall not be responsible for any losses or damages incurred by you or any other person arising therefrom. However, the Company will undertake all reasonable efforts to provide stable and reliable Services, and will attempt to resolve any problems quickly and with minimal disruption.

  3. PROHIBITED USES

    When using the Website or the Services, you agree not to do any of the following:

    1. Use the Website or the Services in any manner that contravenes these Terms of Use, the Privacy Policy, the terms of any NairaEx Pro Programs and Policies, or any applicable laws.
    2. Use or attempt to use another person’s NairaEx Pro Account.
    3. Use the Website or the Services to distribute malware, viruses, trojan horses or other harmful, disruptive, or destructive files.
    4. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the Website, the Services, or any portion thereof or content contained therein, other than as expressly permitted under these Terms of Use.
    5. Use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the Website or the Services.
    6. Take any action that imposes an unreasonable or disproportionately large load on equipment, software or data bandwidth used to operate the Website or the Services.
    7. Use any robot, automatic device, or manual process to monitor or copy any content from the Website without the prior express consent from the Company, unless such use is by a search engine employed to direct internet users to the Website.
    8. Use the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass email.
    9. Reverse engineer or access the Website or the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics from the Services, or copy any ideas, features, functions or graphics from the Services.
    10. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the Services or any part thereof.
    11. Use any libelous, hateful, abusive, harassing, or obscene language towards other users.
    12. Post any material that infringes or violates the Company’s or any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property rights.

    Notwithstanding anything contained in these Terms of Use to the contrary, the Company may at any time, in its sole and unfettered discretion, suspend or cancel your NairaEx Pro Account without prior notice for any failure to comply with these Terms of Use, any NairaEx Pro Programs and Policies, or applicable laws, or if the Company has any reason to believe that your conduct may be harmful to the Company, other users, advertisers, licensees or consumers, also decline or delay the withdrawal of any suspicious of fraudulent or fraudulent activities. In the event of a suspension, the Company may limit your access to all or a portion of the Services and/or freeze or lock your Digital Assets to prevent you from withdrawing or trading your Digital Assets. In the event of termination, the Company will use commercially reasonable efforts to return your Digital Assets to you, unless required by applicable law or a governmental authority or the Company reasonably believes you have violated applicable law or committed fraud or other misconduct. You agree that the Company will not be liable to you for any suspension or termination of your NairaEx Pro Account.

  4. OWNERSHIP OF WEBSITE CONTENT

    The Website and all information (whether communicated through text, graphics, video, audio or other media), images, icons, software, designs, applications, source code, models, data, and other elements available on or through the Website (collectively, the “Works”) are the property of the Company and others, and are protected international copyright, trademark, and other laws. The Company’s logos are trademarks of the Company, and may not be used without the express written permission of the Company. Your use of the Website does not transfer to you any ownership or other rights in the Works, the Website or its content. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names official marks or logos displayed on the Website (collectively “Marks”), except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks. The Company grants you a limited license to use, download, print, or reproduce, in whole or in part, the Works contained on this Website, subject to the following conditions:

    1. they must identify the Company as the source;
    2. they must be used or reproduced accurately, without any modification; and
    3. they must be used exclusively for non-commercial purposes.

    The Company’s prior written consent is required for the use of Works for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.

  5. THIRD PARTY WEBSITES

    This Website may include links to other websites or resources and businesses operated by third parties and persons other than the Company (collectively “Third Party Websites”). Third Party Websites are independent from the Company, and the Company has no responsibility or liability for or control over Third Party Websites, their business, goods, services, or content. Your use of Third Party Websites and your dealings with the owners or operators of Third Party Websites is at your own risk, and you will not make any claim against the Company arising from, connected with, or relating to your use of Third Party Websites or your dealings with the owners or operators of Third Party Websites. The Company makes no representations or warranties regarding, and does not endorse, any Third-Party Websites, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links to Third Party Websites do not imply that the Company sponsors, endorses or is affiliated or associated with the person that owns or is responsible for such Third-Party Website. If you decide to visit any linked Third-Party Websites, you will do so at your own risk.

  6. LINKING TO WEBSITE

    You may link to the Website provided you comply with the linking conditions described below (collectively, the “Website Linking Terms”):

    1. A link may be established to the following home page of this Website at 'https://www.nairaex.pro ;
      If you link to this Website, your website:
      • may not imply that the Company is endorsing you or your products or services;
      • may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of the Company;
      • may not misrepresent your relationship with the Company or present false or misleading impressions about the Company or its services; and
      • may not contain content that is illegal or may be interpreted as distasteful or offensive;
    2. the Company shall have no responsibility or liability for any content appearing on your website;
    3. the Company may, at any time and in its sole discretion, immediately terminate your right to link to this Website, with or without cause. If the Company exercises this right, you will immediately remove all links to this Website; and
    4. without limiting the generality of the foregoing, regardless of whether a link has been permitted by the Company, the Company is not responsible for the contents of any website that is linked to this Website. The Company makes no representations or warranties, and does not endorse, any website that is linked to this Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Website does not imply that the Company sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.

    By linking to this Website, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Website Linking Terms and agreed with the Company to be bound hereunder.

  7. DISCLAIMER

    YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS AND DEMANDS MADE BY ANY OTHER PERSON ARISING OUT OF, IN CONNECTION WITH, OR OTHERWISE RELATING TO YOUR USE OF THE WEBSITE AND SERVICES, YOUR BREACH OF THESE TERMS OF USE, YOUR VIOLATION OR INFRINGEMENT OF THE RIGHTS OF OTHERS (INCLUDING OTHER USERS), OR YOUR VIOLATION OF ANY APPLICABLE CIVIL OR CRIMINAL LAW. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING THE FOREGOING MATTERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ACTIONS AND COMMUNICATIONS UNDERTAKEN OR TRANSMITTED IN THE COURSE OF YOUR USAGE OF THE WEBSITE AND THE SERVICES, AND THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS IN RESPECT OF SAME.

    YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY INVESTIGATE OCCURRENCES WHICH MAY INVOLVE VIOLATIONS OF SUCH LAWS, AND MAY INVOLVE, AND COOPERATE WITH, LAW ENFORCEMENT AUTHORITIES IN PROSECUTING USERS WHO ARE INVOLVED IN ANY SUCH VIOLATIONS. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION) REGARDING YOUR USAGE OF THE SERVICES IN EACH CASE AS MAY BE PERMITTED OR REQUIRED BY APPLICABLE LAW, INCLUDING AS NECESSARY TO SATISFY ANY REQUEST AUTHORIZED BY APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITH NO FURTHER PROMISES MADE BY US AROUND THE AVAILABILITY OF THE SERVICES. SPECIFICALLY, WE DO NOT GIVE ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY PROMISES THAT ACCESS TO THE WEBSITE, ANY OF THE NAIRAEX PROSERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

    WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, ORDER, TIMELINESS OR COMPLETENESS OF HISTORICAL DIGITAL CURRENCY PRICE DATA AVAILABLE ON THE WEBSITE. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT AND DEBIT CARDS ARE PROCESSED IN A TIMELY MANNER BUT NAIRAEX PROMAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. WE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT CARDS, AND CHEQUE ISSUANCES ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN TERMS OF USE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOU USE AND ACCESS OF THE NAIRAEX PROSERVICES AND THE WEBSITE.

    THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, SERVICES, DIGITAL ASSETS OR ANY CONTENT CONTAINED ON THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, SPYWARE OR OTHER HARMFUL COMPONENTS.

    WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE, THE WORKS OR THE SERVICES AT ANY TIME. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE.

  8. LIMITATION OF LIABILITY

    The company and its respective directors, officers, employees, agents, contractors or representatives, or anyone for whom any of the foregoing is responsible at law, shall not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages arising from or in connection with (a) the website, (b) the services, (c) any errors or omissions in content contained in the website, the services or the works, (d) any unauthorized access to or use of the company’s servers and/or any and all personal information and/or financial information stored therein, (e) any interruption or cessation of transmission to or from the website or the services, (f) any viruses, trojan horses, malware, spyware, or the like, which may be transmitted to or through the website or the services by any third party, or (g) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website. this limitation of liability applies regardless of the legal theory giving rise to the damages, and even if the company has been advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

    You specifically acknowledge that the company and its respective directors, officers, employees, agents, contractors and representatives, and anyone for whom any of the foregoing is responsible at law, shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. further, to the extent permitted by applicable law, you hereby explicitly waive your right to participate in any class action lawsuit or a class-wide arbitration against the company or any of its respective directors, officers, employees, agents, contractors and representatives, and anyone for whom any of the foregoing is responsible at law. we are not liable for any breach of the terms of use, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

  9. INDEMNITY

    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES, AND ANYONE FOR WHOM ANY OF THE FOREGOING IS RESPONSIBLE AT LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL), OBLIGATIONS, JUDGEMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, LEGAL FEES AND OTHER EXPENSES ARISING FROM OR IN CONNECTION WITH: (A) YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES OR YOUR NAIRAEX PROACCOUNT; (B) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (C) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENCE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE INDEFINITELY. IN THE FOREGOING CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.

  10. MOBILE APPLICATIONS

    1. LICENSE

      Subject to your compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicencable license to download and use the App on your iOS-based or Android-based mobile device, as applicable, in accordance with these Terms of Use.

    2. APPLE APP STORE TERMS

      If the App is provided to you for download through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions shall apply: (i) the parties acknowledge that this Agreement is concluded between the parties, and not with Apple, and that the responsibility for the App and the content thereof is governed by these Terms of Use; (ii) notwithstanding anything to the contrary hereunder, you may use the App only on an Apple-branded product or device that you own or control and as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service; (iii) the parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use; (v) the parties acknowledge that Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) the parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, such intellectual property infringement claim will be governed by these Terms of Use and Apple will have no responsibility for the investigation, defence, settlement and discharge of such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties; (iix) you may contact us regarding any questions, complaints or claims with respect to the App at: hello@nairaex.pro; (ix) you must comply with all applicable third party terms of agreement when using the App; and (x) the parties acknowledge that Apple is a third party beneficiary to these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. To the extent that this Section 10.2 is inconsistent with any other terms and conditions of these Terms of Use, this Section 10.2 will prevail.

    3. GOOGLE PLAY TERMS

      If the App is provided to you for download through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions shall apply: (i) you acknowledge that Google is not responsible for providing support services for the App, and (ii) if any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict as they relate to the app.

  11. CUSTOMER SUPPORT

    Escalation Route: If you have any issues or concerns regarding your account, you should submit a ticket through our website Support. Our team will work on the resolution and get back to you within 1-15 business days. If your issue is in regard to a refund of an initial deposit which has not been used for any trades, you may initiate a withdraw directly from the dashboard in your NairaEx Pro’s account. Our finance team will process all the withdrawal requests within 5-15 business days automatically.

  12. GENERAL

    1. ASSIGNMENT

      You may not transfer or assign any rights or delegate any obligations under these Terms of Use to any other person without the Company’s prior written consent. The Company may assign any of its rights or obligations under these Terms of Use without your consent.

    2. SEVERABILITY

      In the event any provision contained in these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and you, the Company hereby agrees to substitute for the invalid provision, the provision that most closely approximates the intent and economic effect of the invalid provision.

    3. CHOICE OF LAW

      These Terms of Use and the performance of the covenants contained herein shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to any provision regarding conflict of laws.

    4. SALE OF GOODS

      The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

    5. RISK WARNING

      Trading and investing in cryptocurrencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of cryptocurrency. You should not purchase cryptocurrency unless you understand the extent of your exposure to potential loss. Cryptocurrencies price can be affected by many factors, including, but not limited to, national and international economic, financial, regulatory, political, terrorist, military, and other events. Extreme changes in price may occur at any time, resulting in a potential loss of value of your entire investment in cryptocurrencies, complete or partial loss of purchasing power, and difficulty or a complete inability to sell or exchange your currency. Please make sure you are not risking funds you cannot afford to lose. In no event shall NairaEx.pro will be liable to any loss or damage of any kind incurred as a result of the use of this site or the services found at this site.

    6. RISK STATEMENTS

      Cryptographic tokens may be subject to expropriation and/or theft; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your cryptographic tokens, the loss of your ability to access or control your cryptographic tokens. In such an event, there may be no remedy, and holders of cryptographic tokens are not guaranteed any remedy, refund, or compensation. The regulatory status of cryptographic tokens and digital assets is currently unsettled, varies among jurisdictions and subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to cryptographic tokens, digital assets, blockchain technology, or blockchain applications may be implemented which directly or indirectly affect or restrict cryptographic token holders’ right to acquire, own, hold, sell, convert, trade, or use cryptographic tokens. The uncertainty in tax legislation relating to cryptographic tokens and digital assets may expose cryptographic token holders to tax consequences associated with the use or trading of cryptographic token. Digital assets and financial products and services carry significant risks. NairaEx Prois not responsible for any potential loss in case of token issuer's problems. Potential purchasers should assess the nature of, and their own appetite for, relevant risks independently and consult their advisers before making any decisions.

    7. POLITICALLY EXPOSED PERSON

      A politically exposed person (PEP) is an individual who is or has been entrusted with a prominent public function. Pep by association is when you are related, married, associated to a known PEP. You agree to the terms of all NairaEx Pro programs, policies, and guidelines, including without limitation, the AML/KYC policy, no to be a PEP or a PEP by association. The Company reserves the right to terminate this agreement if it has enough information to confirm or suspect that you are a PEP or a PEP by association.

    8. ENTIRE AGREEMENT

      The terms and conditions contained in these Terms of Use supersede all prior or contemporaneous agreements, representations, warranties and understandings relating to the subject matter contained herein. No amendment to or modification of these Terms of Use will be binding unless in writing and signed by the Company or a duly authorized representative of the Company. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and the non-English version of these Terms of Use, the English version will govern to the extent not prohibited by applicable law.