TERMS AND CONDITIONS FOR THE USE OF THE QUANTUM ZENITH WEBSITE, WEB PORTAL AND MOBILE APP (TOGETHER THE “PLATFORM”)
“Affiliate” means, with respect to any Person (as defined below), any other Person which directly or indirectly through one or more intermediaries’ controls, is controlled by, or is under common control with, such Person.
“Company” means, Quantum Zenith Asset Management & Investments Limited (“QZAM” or “we” or “our” or “us”)
“Third Party” means any Person other than QZAM or its Affiliates.
“Person” means individual, sole proprietorship, partnership, joint venture, limited liability
company, limited liability partnership, trust, estate, unincorporated organization, association,
corporation, institution, or other entity.
“Platform” means collectively and together with Website, QZAM Web Portal and QZAM App, owned or controlled by the Company
“Services” means services made available by QZAM via the Platform from time to time
“Website” means https://quantumzenithasset.com.ng and its subdomains or using or downloading our mobile application (the “Quantum LEAP”), including any content, component, functionality and/or service offered on or through Website or the QZAM App
“you or “your,” as applicable, means a user and/or the Person who accesses, uses and/or participates in Platform in any manner, and such Person’s heirs, assigns, and successors. If you use Platform on behalf of an entity, “you” or “your,” as applicable, means that entity and its affiliates and their respective directors, officers, employees, and agents.
These terms and conditions must be agreed to by you before accessing the Platform. Use of the Platform is authorized after you have agreed to the Terms and Conditions stated below. Please read these carefully before proceeding with the use of the Platform.
Please check the “I Accept” box at the end of this page to signify your acceptance of the Terms and Conditions. By clicking “I accept” this will be deemed as satisfaction of the requirement of a handwritten signature and shall govern your activation, access, and usage of the Platform and the services provided thereunder.
By using the Platform, you agree unequivocally to the Terms and Conditions contained herein.
These Terms & Conditions are subject to amendment, modification by the Company at any time. Please check regularly for any updates or amendments to these terms & conditions. Your use of the Platform after any amendment, modification of these Terms and Conditions shall signify your acceptance of any new terms and conditions.
Company may modify these Terms and Conditions at any time and without prior notice. You should review the most current version of these Terms by visiting the Platform and clicking on the Terms and Conditions hyperlink. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY UPDATES TO OR MODIFIED VERSIONS THEREOF), YOU SHOULD DISCONTINUE USE OF THE PLATFORM IMMEDIATELY.
USE OF THE PLATFORM
The Platform is intended solely for individuals who are age 18 or older. Any access to or use of the Platform by anyone under 18 is unauthorised, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Platform, you represent and warrant that you are 18 or older.
The Platform is only intended for use by persons located in Nigeria. QZAM makes no representation that the Platform is appropriate or available for use outside Nigeria. Similarly, QZAM makes no representations that accessing the Platform from locations outside Nigeria is legal or permissible under local law.
The publicly available portions of the Platform (i.e., the sections of the Platform that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the Platform, you agree that you are responsible for your own investment research and decisions, that you will not rely on the Platform as the primary basis for your investment decisions, and, except as otherwise provided herein, QZAM will not be liable for any actions you take based on information you receive via the publicly available portions of the Platform.
Information and content posted on the Platform is published as of its stated date or, if no date is stated, the date of first posting. Company has not undertaken any duty to update any such information. You will not hold Company liable in any way for (a) any inaccuracy of, error or delay in, or omission of the content; or (b) any loss or damage arising from or occasioned by (i) any error or delay in the transmission of such content; (ii) interruption in any such content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), (iii) to any other cause beyond the reasonable control of Company or (iv) non-performance.
To access and use the Platform, you will be required to log-in to and create an account (your “Account”) at www.quantumzenithasset.com.ng. Platform’ practices governing any resulting collection and use of your personal information are disclosed in our Privacy Notice which can be found here (insert). You will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:
- You will not use a username (or e-mail address) that is already being used by someone else, that infringes the intellectual property or other right of any person or entity, or is offensive;
- You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process;
- You are solely responsible for all activities that occur under your Account, password, and username;
- You are solely responsible for maintaining the confidentiality of your password and for restricting access to your mobile device so that others may not access any password protected portion of the Platform using your name, username, or password;
- You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and
- The right to use the Platform shall not in any way be assigned or transferred, without the express written consent of QZAMYou will not sell, transfer, or assign your account or any Account rights. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, with or without advance notice and without liability. The Terms and any other documents, policies or agreements referenced or incorporated herein will continue to apply until terminated by either you or Company. If you choose to terminate your use of the Platform, you may do so by contacting us by email or through the Platform. Once your use of the Platform is terminated, your ability to log in will be immediately deactivated. If you have any questions or trouble terminating the use of the Platform, you can contact us by email. Company may continue to maintain information about a customer after their use of the Platform is terminated only to the extent necessary to comply with applicable laws and to further legitimate business needs. By signing you consent to us using your personal information…
CONFIDENTIAL USER DETAILS
You have set up a User Identification number (“User ID”) and unique password to access the Platform. They act as your signature and it is your sole responsibility to ensure that your User ID and password, are kept confidential and used only by you. For your security, you are advised to create and maintain a strong password. You agree that the security of your account, your personal identification information, User ID, and password is solely your own responsibility and QZAM shall not be responsible for any unauthorized use of this information. You further agree that if you believe that your account password has been compromised in any way, or you become aware of any loss or theft of, or any unauthorized use of, your User ID or password, or transaction on your account, you will notify QZAM immediately via email to firstname.lastname@example.org or 01-2784218-9 or 0903 110 00041.
You must not use any other person’s User ID and password to access the Platform We may disable your account on the website at any time at our sole discretion without notice or explanation. Disabling your account does not affect your investment and is for your protection to prevent online access to your account for the duration required to resolve any outstanding issues.
If you fail to protect your User ID and password, you may allow unauthorized persons to: (a) use the Platform through your profile, (b) correct, change, verify, or send data using the Platform, (c) send information to, or receive information from QZAM or its affiliates, or (d) access your electronic information or communications and financial data. You acknowledge that protecting your User ID and password is very important to limit the above risks. QZAM is not and will not be responsible for security breaches resulting from your failure to secure your online account, User ID and/or password.
If you believe that someone has used your Registration information to access any Service without your authorisation, please call QZAM immediately on 01-2784218-9 or 0903 110 00041.
You agree that your use of the Platform shall be as provided in: (a) these Terms and Conditions, (b) the rules, procedures, standards, requirements, and policies made applicable to the Services (c) any instructions, terms, or conditions appearing on the screen on relevant pages of the Platform whenever you use any of the Services, and (d) any state and federal laws and regulations applicable to the Services.
The Platform enables you to invest towards the fulfilment of a set goal. However, you may review the details of your goal at any time on the Platform. You hereby acknowledge that any such changes are subject to the terms set by in this document.
All information on or available through the Platform is protected by intellectual property law. Unless otherwise stated in writing, neither you nor any third party has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
As part of the process for your enrolment on the Platform, you will be requested by QZAM to provide certain information and documentation which will enable QZAM to know you better and monitor your account. Until all requested information and documents are provided, your ability to operate your account will be restricted, including making additional investments, and redemption of funds – either for the purchase of your desired Product, or for any other use. If any part of the required information/documentation remains outstanding, you will receive on a periodic basis, automated reminders of the outstanding information and documentation.
RECURRING DIRECT DEBIT MANDATE
Upon your enrolment on the Platform, you may elect to provide your account information and complete a Recurring direct debit mandate form, by which you indicate a certain amount to be invested in any of our Funds on a periodic basis (weekly or monthly) and when such investment will be made. With the recurring debit, your Banker automatically deducts a specified amount from your bank account or debit card and credits same to your Account with us. By filling the form, you authorize the process.
Redemption of investment funds can be initiated at any time on the Platform, provided you have sufficient funds in your account. You will only be able to redeem your investments in the Fund where you have provided all valid KYC requirements to the Company. All funds from redemptions shall be paid to the bank account provided during registration. You hereby agree that all redemption requests initiated from your account is done by you and QZAM shall not be held liable for any unauthorised use of your account for such requests.
You are responsible for ensuring the safety of your Account. We recommend that you use appropriate, up-to-date security software and definitions to reduce the risk that your system will be susceptible to unauthorised access and intrusion.
In connection of your use of the Platform you agree and represent you will not engage in any Prohibited Use (as defined below). We always reserve the right to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your Account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with or engaging in a Prohibited Use.
Without limitation, you agree not to do any of the following:
- Impersonate any person or entity, including, but not limited to, (i) a Company or Third-Party manager, employee, agent, or representative or (ii) forum leader, guide or host.
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any material;
- upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as:
- sending mass email to recipients who haven’t requested email from you or with a fake return address;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any regulations or, any rules of any national or other securities exchange, and any regulations having the force of law;
- collect or store personal data about other users of the Service;
- access or otherwise use the Platform in any unlawful manner, for any unlawful purpose or in
violation of these Terms and Conditions.
(collectively, the “Prohibited Uses”).
While we have put resources into building and testing our computer systems, computer glitches, slowdowns, and crashes will occur. We will also need to restrict access to some parts of our website or our entire website to perform routine maintenance. We will try to schedule our maintenance during the middle of the night. While it is our intention that our website will be available seven days a week except when maintenance is scheduled (usually for weekends), you understand that we do not guarantee that you will always be able to access the Platform. Computer problems can arise on your end, our end, or anywhere in between: your computer may break down; the connection between your computer and your Internet service provider may not work properly; your Internet service provider may go down; or our computers and the computers we link to may be unavailable due to unforeseen system outages.
NETWORK SECURITY AND RELIABILITY
You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. E-mail notifications sent by Company will not contain sensitive or confidential information. Due to security risks, you should not send any sensitive information, such as account numbers or passwords in an unencrypted e-mail. E-mails may fail to transmit properly. Regardless of whether you receive an e-mail notification, you agree to check Company website to avoid missing time-sensitive information. You further agree that for your records, you can download and save or print the communications received via electronic delivery.
CONSENT TO ELECTRONIC DELIVERY
By providing Company with your e-mail address, you agree to receive all required notices electronically to that e-mail address to the extent permissible by law. It is your responsibility to update or change the e-mail address registered with Company, as appropriate. If you become aware of any unauthorized use of your information, please contact Company.
Further, by registering with Company you are aware and consent that electronic signatures and electronic documents will be used instead of paper documents. You agree and are giving consent to electronic delivery of all communications regarding your account all services provided by Company delivered or provided to you by Company.
Your consent will be effective immediately and will remain in effect until either Company or you revoke it. You understand that it may take up to three days to process a revocation of consent to electronic communications and you may receive electronic notifications in the interim.
You may revoke or restrict consent to electronic delivery of Company communications at any time by notifying Company. You have the right to request paper delivery of any communication
NO RECOMMENDATIONS OR INVESTMENT ADVICE
The information available on or posted to Website may not be timely or complete and should not be relied upon for making any investment or other decisions. Nothing on the Platform or from the Company shall be construed as making any recommendation or investment advice of any kind whatsoever. You are solely responsible for evaluating the merits and risks associated with the use of any information provided through the Service before making any investment decisions. You agree not to hold Company liable for any possible claim for damages arising from any decision you make based on information made available to you through the Service
If you need investment advice regarding any of our investments products or services, kindly contact our investment manager via email at email@example.com or via telephone 01 278 4218(9) or 09031100041.
To ensure that QZAM can provide high quality service that is responsive to your needs, you agree that QZAM’s employees, and authorised representatives may have access to your account records as reasonably needed to investigate complaints or comply with applicable laws.
QZAM and its affiliates will have no obligation to provide you with access to the Platform, or any financial information if: (a) such access or use is not in accordance with any term or condition applicable to the Services, (b) QZAM or any of its affiliates reasonably believes that such use or access may not be authorised by you, and has reasonable cause to deny such use or access for your protection or the protection of QZAM or its affiliate, (c) such use or access is not in accordance with the policies, procedures, or practices of QZAM or any of its affiliates.
QZAM will make all reasonable attempts to ensure the integrity and security of the server associated with the Platform, and that the Platform is always fully operational. However, unless as otherwise expressly stated, QZAM makes no guarantees, warranty or representation of any kind, express or implied, including warranty as to fitness for purpose of the Platform, or that the Platform will be free from unauthorized uses or hackers. QZAM shall not be responsible for any loss, omission or damage that may arise in connection with your use of the Platform due to IT or network downtime.
DISCLAIMER OF WARRANTIES
Company does not make any express or implied warranties about the Platform, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Platform is made available
To you “as is” and “as available” and company does not warrant that any defects or inaccuracies will be corrected.
Company does not warrant that Platform will meet your needs, or that the Platform will be uninterrupted, timely, secure or error-free. Company also makes no warranty that the results obtained from the use of the Platform will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations.
LIMITATION OF LIABILITY
Notwithstanding any provision of these Terms and Conditions to the contrary, under no circumstances shall QZAM be liable directly or indirectly for any loss of profit, business, or production, or any special, punitive, or consequential damages that result in any way from your use of or inability to use the Platform or your or any third parties’ reliance on or use of information, or services provided on or through the Platform or that result from interruptions, delays in operation or transmission or any failure of performance in connection with the Platform, whether QZAM or any affiliate knew or should have known the likelihood of such damages in any circumstance. If you are dissatisfied with the Platform or any of these Terms and Conditions, or other rules, policies, guidelines, or regulations applicable to use of the Platform, your sole and exclusive remedy is to discontinue using the Platform.
Company will not be liable for any direct, indirect, Incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, revenue, income, goodwill, use, data or other intangible losses resulting from: (1) the use of or the inability to use the Platform or the Service; (2) Access to or alteration of your account, transmissions or data due to your Conduct, inaction or negligence; or (3) any other matter relating to the Service. Company will not be liable to you or anyone else for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of Platform.
Company will not be liable to you or anyone else for any loss resulting from a cause over which it does not have direct control. This Includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or Extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other Labor problems, accident, emergency or action of government. If you live in a jurisdiction that does not allow the limitation or exclusion of liability or incidental or consequential damages, some of or all these limitations and exclusions may not apply to you.
Platform Privacy Notice
The information you provide upon enrolment on the Platform include your full name, bank verification number, email address and mobile phone number. You will also be required to provide a valid identification card, utility bill, recent passport photograph, and signature specimen; and for recurring debit mandates, your debit or credit card information.
The information you provide to us is required:
(a) to show in your user profile and help you verify use of your account;
(b) to verify your identity;
(c) to process redemptions and payments;
(d) to assess and improve the Service provided on the Platform;
(e) to deliver and fulfill any customer support requests made by you, and respond to your questions;
(f) to send you important notifications such as investment updates, and to provide you with recommendation about services you may be interested in based on your use of the Platform;
(g) to assist you on recording, analyzing, modifying and storing information relating to your investment and other services available on the Platform;
(h) to comply with the requirements of the Nigerian Securities and Exchange Commission;
(i) to provide you with our customer care and customer satisfaction survey for user experience analysis; and
(j) for any other purposes with your consent.
All information is stored securely in electronic databases and require your login details, which include your User ID and password. QZAM takes all reasonable steps to maintain the safety of your personal information. Circumstances under which we may disclose your personal information – and the only minimum information necessary – include when:
(a) we have your explicit consent to share the information; or
(b) we require such information to share with our personnel or service providers who require same on a need-to-know basis, such as provision of access to complete payment or redemption transactions, or fulfill your service requests; or (c) to investigate potential violations of these terms and conditions, enforce the terms and conditions, or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons, property or the systems on which we operate the Platform; or (d) it is required by applicable law.
QZAM may change this privacy notice to accommodate new technologies, adjust to new industry practices, or to comply with regulatory requirements. Any changes made are generally intended to provide greater protection of your personal information, or for other purposes. Where required by applicable law, you will be notified of material changes to this privacy notice. Your continued use of the Platform after the effective date of the change will constitute acceptance of the change.
You will indemnify and hold harmless Company and the officers, directors, agents, partners, employees, affiliates and representatives of Company, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, the Platform or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
CHANGES TO PLATFORM, REFUSAL OR DISCONTINUANCE OF SERVICE
Unless otherwise agreed, Company may discontinue or modify the Platform at any time without prior notice to you, and you accept those modifications if you continue to use the Platform.
QZAM reserves the right to change, refuse or discontinue any part of the Services to you, at its sole discretion. QZAM may deny you access to all or part of the Platform without notice if you engage in any conduct or activities that QZAM in its sole discretion believes violates any of these Terms and Conditions, or any relevant law, rule or policy for the time being in force. QZAM shall have no responsibility for the consequences of such discontinuance or lack of notification. You agree that QZAM has the right to monitor use of the Platform from time to time and to disclose any information as necessary to satisfy any applicable law or regulation or to protect itself.
Where QZAM changes, refuses or discontinues any part of the Services to you, you must not take any action to circumvent such change or refusal or discontinuance (including without limitation creating and/or using a different account).
You agree that, without notice, Company may terminate these Terms and Conditions, or suspend your access to the Services or the Platform, with or without cause at any time and effective immediately. These Terms and Conditions will terminate immediately without notice from Company if you, in Company’s sole discretion, fail to comply with any provision of these Terms and Conditions. Company shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to such termination or suspension.
SEVERABILITY AND SURVIVAL
If any Term or Condition or part of any Term or Condition herein is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision is deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of QZAM in providing the Service.
All provisions of the Terms and Conditions which by their nature should survive discontinuance of any part of the Services shall survive such discontinuance, including, without limitation, ownership provisions, warranty or other disclaimers, indemnity and limitation of liability.
No provision of these Terms may be waived, modified or discharged unless such waiver, modification or discharge is agreed to in writing signed by Indemnitee and the Company. No waiver by either party hereto
at any time of any breach by the other party hereto or compliance with any condition or provision of these Terms to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, expressed or implied with respect to the subject matter hereof have been made by either party that are not set forth expressly in these Terms.
You agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. Any legal action or proceeding arising under, concerning or relating to these Terms, or by reason of the fact of your use of the Platform or the Account, shall be brought exclusively in the federal or state courts physically located in Lagos State, and you hereby irrevocably consent to the courts’ jurisdiction.
By using this Platform, you are stating and acknowledging that you have read these Terms and Conditions and that you understand these Terms and Conditions and agree to be bound by them.
If you have any questions about these terms, please contact us through email on firstname.lastname@example.org