Last Updated: August 1, 2024
These Terms of Service outline the relationship between Prestmit ("us," "our," "we," or "Company") and you ("you," "your," or "client") and regulate your use of our services ("Services") provided to you on our Platform ("Prestmit," "website," or "mobile application"). The terms "you" and "us" refer to each individual Party, and collectively we are referred to as the "Parties."
By using our Services, you acknowledge and agree to enter into a legal agreement with us. You have understood and accepted to abide by these Terms and the Privacy Policy. If you do not agree to these Terms, please do not use the Service and/or discontinue accessing the Service immediately.
Your Prestmit Account must not be used to perform any of the following activities or categories of activity listed in this section (each a "Prohibited Activity"):
Violation of any applicable laws, statutes, ordinances, or regulations.
Facilitating, supporting, or engaging in any criminal activity, including but not limited to money laundering, terrorist financing, illegal gambling operations, or malicious hacking.
Abusive activity, including but not limited to:
Impairing Prestmit's infrastructure by imposing an unreasonable or disproportionately large load on it or taking any other action that may negatively impact the Platform or the Company's reputation.
Attempting to gain unauthorized access to the Platform or any Prestmit Account.
Uploading or transmitting any material to the Platform containing viruses, Trojan horses, worms, or other harmful programs.
Transferring your Prestmit Account access or rights to a third party unless as required by law or with prior consent. However, where you grant third-party access to your Prestmit account, you remain liable for its use by the third party, and it is your responsibility to ensure that the third-party complies with these Terms. Neither will the Company be responsible for the actions of the third party in this regard.
Participating in pyramid schemes, Ponzi schemes, matrix programs, "get rich quick" schemes, multi-level marketing programs, or high-yield investment programs.
Fraudulent activity, including but not limited to:
Defrauding Prestmit or a Prestmit customer or providing false, inaccurate, or misleading information to Prestmit.
Receiving proceeds from fraudulent activities in your Prestmit Account.
Transactions involving items that may help facilitate or enable illegal activity, promote or facilitate hate, violence, or racial intolerance, or are considered obscene, stolen goods or the proceeds of crime.
Transactions involving TOR markets, online gambling sites, mixers, or any other illegal and immoral activity.
Sale or purchase of narcotics or controlled substances.
Intellectual property infringement.
By opening a Prestmit Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.
We reserve the right to limit, suspend or terminate your Prestmit Account if we suspect that you are using or have used your Prestmit Account in association with any of the activities listed above or any similar or related activity without prior written approval from Prestmit.
None of the information provided on the Platform, Prestmit Blog, through your Prestmit Account, or by any employee, agent or affiliate of Prestmit should be construed as financial, investment or other professional advice. Any decision to store, buy or sell digital currency is solely your responsibility, and should take into account your risk tolerance and financial circumstances.
You are also responsible for determining whether any taxes apply to the transactions you conduct through your Prestmit Account and the extent of such taxes. You are also responsible for withholding, collecting, reporting, and remitting the appropriate tax amounts to the relevant tax authorities.
The Company, its operating entities, and any other affiliates (including their respective directors, members, employees, or agents) shall not be liable to you for any direct, indirect, special, consequential, exemplary, or punitive damages or any other damages of any kind, including but not limited to loss of profit, revenue, business, opportunity, or data, whether in contract, tort, or otherwise, arising from or in any way connected with your use of, inability to use, or unavailability of the Platform and/or your Prestmit Account. This includes damages caused by or resulting from any reliance upon information received from Prestmit, or resulting from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction, or unauthorised access to Prestmit's records, programs or services.
The above limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.
The Company shall not be liable for any loss resulting from your use of the Platform, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to severe weather, earthquake, flood, fire, other acts of God, and strikes or other labor problems, or any other cause beyond the reasonable control of the Company or the Platform.
The Company reserves the right to restrict, suspend, or terminate your Prestmit Account in the following circumstances:
We suspect an error in your account and need to suspend access until the error is rectified.
We suspect that your account is being used for any unlawful, fraudulent, or prohibited activities or is in breach of the terms of use.
We suspect that your account is associated with a high risk of money laundering, terrorism financing, fraud, or any other financial crime.
We suspect that you are circumventing Prestmit's controls, such as opening multiple accounts.
We suspect that you are attempting to gain unauthorized access to any Prestmit Account.
Your account is the subject of any legal, regulatory, or government process, or we consider there to be a heightened risk of legal or regulatory non-compliance.
We are compelled to do so by a valid court or government order, or your name appears on a government or international body sanctions list for financial misappropriation or financial crime.
We will make reasonable efforts to provide notice of any decision to restrict, suspend, or terminate your account, except when prevented by legal, regulatory, or operational requirements. The Company has no obligation to disclose the reason for any such decision and is not liable for the restriction, suspension, or termination of your account.
Upon termination, you must immediately pay all amounts owed to us. We will complete any transactions or contracts already entered into, provided they are legal and do not violate any court order. We may postpone transferring any credit balance until all transactions and contracts between you and us are closed, and we may require you to pay any charges incurred in transferring your investments.
If you involve us in any type of fraud, we may reverse all previous transactions or contracts, which may place our interests and/or other clients' interests at risk, at our sole discretion, without prejudice to any other rights we may have under these terms.
For any queries or complaints, please contact our customer support department through the support channel available on the platform.
In the event of a dispute between you and us related to a transaction or communication concerning a transaction, we reserve the right to close the transaction or communication at our absolute discretion and without notice. We may take such action to limit the maximum amount involved in the dispute, and we shall not be obligated to you in connection with any subsequent movement in the level of the transaction. This provision is without prejudice to any other rights we may have to close a transaction under these Terms.
At Prestmit, we are committed to preventing money laundering and fully complying with all anti-money laundering laws and regulations in Nigeria. To this end, we have implemented policies and structures that ensure compliance with government laws and regulations and international best practices.
We are aware of the risks and challenges associated with digital asset transactions, which make them attractive to money launderers. Therefore, we have developed policies and independent measures to prevent money laundering on our platform.
Our compliance unit, headed by a compliance officer, oversees the implementation of our anti-money laundering policy in line with government policies. We regularly conduct background checks on suspicious users based on transactions processed on our platform. We also develop vetting systems to manage and mitigate the risks of money laundering and report suspicious transactions to relevant authorities.
To identify areas of potential money-laundering risks, we conduct periodic reviews and report any identified risks to the relevant authorities. We have placed necessary transaction limits that are regularly reviewed based on government policies or industry standards.
Furthermore, we collaborate with security agencies and relevant government agencies in investigating fraud, money laundering, and other criminal activities. We place a lien on accounts being investigated to support investigative efforts.
We regularly update our policies and structures to ensure compliance with changes in regulations and international best practices. At Prestmit, we are committed to preventing money laundering and maintaining a safe and secure platform for our users.
Third-party merchants offer services. This Service provides an opportunity to discover offers from independent third-party merchants (“Merchants”). These Merchants sell their respective Products subject to their own terms and conditions. To illustrate:
Airtime: If you choose to purchase pre-paid airtime, you do so pursuant to the relevant terms and conditions of your mobile telecommunications provider.
Utilities: If you choose to purchase pre-paid electricity or water, you do so pursuant to the relevant terms and conditions of the utility provider.
If you decide to purchase Products such as these from third-party Merchants, you do so at your own risk and subject to the relevant Merchant’s terms and conditions. We are unable to investigate, monitor, or check the products for accuracy, reliability, appropriateness, or completeness. By granting you access to discover the Products via the Service, Prestmit does not imply approval or endorsement of such Products. You therefore agree that Prestmit is not responsible or liable for the Products you purchase from Merchants.
Payments are processed by third parties. In order to facilitate your purchases from Merchants, Prestmit has integrated its Service with the billing solutions of certain mobile money providers and credit card issuing banks (“Payment Processors”). When you purchase a Product from a Merchant using your wallet or account or debit/credit card, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services. You understand and agree that Prestmit does not process payments and is not responsible or liable for any transactions in which you engage. By engaging in a purchase transaction you authorize the Merchant (or Prestmit on its behalf) to bill your account or card for the purchase amount.
Your privacy is important to us. Prestmit takes the matters of protection and security of its users’ information very seriously. Prestmit’s privacy policy governing the Service is attached to these Terms (“Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference. By using the Service, you agree to the use of your data under Prestmit’s Privacy Policy. The Privacy Policy addresses only the personal information processed by Prestmit in providing the Service to you. Merchants and Payment Processors have their own information-gathering practices which apply when you choose to purchase their Products.
Product inquiries should be submitted to the relevant Merchant. If you have any questions, concerns, or requests related to a Product you have purchased from a Merchant, please contact the Merchant directly or contact us at [email protected] for assistance. Each Merchant maintains its own customer contact desk for handling such requests; however, Prestmit will do its best to assist you.
This Terms and all disputes and matters arising from the Platform (or its use) shall be governed by the laws of the Federal Republic of Nigeria.
In case of any controversy, claim or dispute arising out of or relating to this Terms, the Parties shall make an effort in good faith to promptly resolve such controversy, claim or dispute through negotiation between the parties or their authorized representatives. You must notify us of the dispute or complaint through the contact details before exploring any other legal remedy. If the parties fail to resolve the controversy, claim or dispute, the parties shall be referred to mediation by a single mediator at the Lagos Multi-Door Courthouse (“LMDC”) under the LMDC Rules and governed by the Lagos Multidoor Courthouse Law.
Each Party agrees that any dispute arising out of or in connection with the Terms will be conducted only individually, not in a class, consolidated or representative action.
If any provision of the Terms is deemed invalid, unenforceable, or illegal by any court or tribunal, it will be deemed deleted without affecting the remaining provisions. If such provision would be valid, enforceable, and legal if some part of it were modified or deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
You will not assign your rights under these Terms, in whole or in part, without our prior written consent. Any attempt to do so will be void and constitute a material breach of these Terms. We may assign these Terms, in whole or in part, or subcontract our obligations under them without your consent.
At our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, Prestmit will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
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