STANDARD TERMS AND CONDITIONS OF USE

INTRODUCTION

The User has elected to use FirstCentral products or services as made available on this site, having been authorised to use the elected product or service. Such authorisation having been granted in terms of the Client Agreement agreed to between FirstCentral and the Client, The Client has authorised the user to make use of FirstCentral Products and Services.

 

By accessing and using the products and services offered by FirstCentral Credit Bureau you agree to be bound by the terms and conditions of this site and that of the Client Agreement as referred to above

 

1. DEFINITIONS

In this Agreement, the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:

1.1 ”Agreement” means this agreement being the FirstCentral Standard Terms and Conditions of Use

1.2 “Client” refers to the entity on whose behalf the user access FirstCentral products and services

1.3”Confidential Information” means all confidential information of FirstCentral irrespective of the media in which it is contained and including but not limited to the Intellectual Property, print-outs, manuals, tables of statistics, software, applications, source codes, computer discs, magnetic tapes, samples and any data collected and stored in FirstCentral's data bases from time to time;

1.4 “Consent” means any freely-given, specific and informed expression of will whereby consumer(s) agree to the processing of personal information relating to them;

1.5 “Consumer Credit Information” shall bear the meaning set out in Section 70 (1) of the Act;

1.6 ”Intellectual Property” means all intellectual property of whatever nature owned and/or controlled by either Party, including without limiting the generality of the aforegoing, that Parties right, title and interest in and to all trade marks, technology, software, applications, web pages (including the “look and feel” thereof), standards, trade secrets, logos, systems, methods (including all delivery mechanisms and scoring processes), procedures, processes, the design, layout, “look and feel” and “get up” of the Reports, trade names, domain names, styles, insignias, compilations, designs, patents, and copyright whether registered or not;

1.7 “Parties” shall mean FirstCentral, the Client and the User;

1.8 “Prescribed Information” shall bear the meaning set out in Regulation 18 (6);

1.9 “Prescribed Purpose” shall bear the meaning set out in Regulation 18 (4) [read in conjunction with Regulation 18 (5) ;

1.10 “Regulations” shall mean the National Credit Regulations, published in Government Gazette No. 8477, and Notice 28864; and such further Regulations that may be issued from time to time

1.11 “Reports” means any data or information or response provided to the Client which is generated pursuant to the use by the Client of the Services set out in Annexure B hereto, as amended from time to time;

1.12 “the Act” means the National Credit Act, 34 of 2005; as amended from time to time

1.13 “the User” means the person who is accessing FirstCentral products and services

 

2. CONSUMER CREDIT INFORMATION

Consumer Credit Information is regarded as confidential information and FirstCentral only reports such information for prescribed purposes. The User is obligated to respect the confidentiality of the Consumer Credit Information received through the use of FirstCentral service or Products

 

3. ACKNOWLEDGEMENTS BY THE USER

The User acknowledges and agrees, that:

3.1 The User  will at all times comply with the requirements of the Act and any other applicable legislation (to the extent that it is relevant to the User) for the request, receipt, compilation and reporting of information, requested and received from FirstCentral Credit Bureau.

3.2 The User  shall for the duration of this Agreement comply with all applicable legislation and regulations in as far as it relates to the request and usage of the Services.

3.3 Where FirstCentral is required by any law, to investigate a matter, The User  will cooperate with such an investigation so far as it is related to the Client.

3.4 FirstCentral reserves the right to take whatever reasonable action it may deem necessary at any time to preserve the security and reliable operation of its network infrastructure and the Client undertakes that it will not do or permit anything to be done which will compromise FirstCentral’s security.

3.5 The User specifically acknowledges having received authorisation by the Client to access FirstCentral products and services.

3.6. The User has a legitimate and lawful, as contemplated in the Act, purpose for processing the  consumer credit information from FirstCentral; and

3.7 All necessary consents, where required, from its clients/customers, to process their consumer credit information with FirstCentral, have been obtained

 

4. ACKNOWLEDGEMENTS BY FirstCentral

4.1 FirstCentral acknowledges and agrees, that it will at all times comply with the requirements of the Act and any other applicable legislation (to the extent that it is relevant to FirstCentral) for the maintenance, processing and reporting of information

4.2 FirstCentral shall ensure that the Services provided in terms of this Agreement are in compliance with the Service Levels as agreed between FirstCentral and the Client

 

5. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

The Parties agree and acknowledge that:

All right, title and interest in and to their respective Intellectual Property vests with either party hereto. Nothing in this Agreement transfers ownership in any of the Intellectual Property to the other party hereto.

 

6. WARRANTIES

Save as specifically set out herein, FirstCentral makes no representations and gives no  warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of this Agreement, the Services and/or the accuracy or correctness of the Reports, as the case may be, or any part thereof.

7. RIGHT TO AUDIT

FirstCentral reserves the right to audit the Client on whose behalf the User is accessing FirstCentral Products and Services to ensure compliance with Agreement 

 

8. LIMITATION OF LIABILITY

8.1 FirstCentral shall not be liable for any actual or contingent loss, liability, expense, costs (including legal costs on the scale as between attorney and own client and any additional legal costs), or damage of whatsoever nature (whether direct, indirect, consequential or otherwise) suffered by the Client.

8.1.1         the breach by the User  of any of its obligations as set out in the Agreement;

8.1.2         any mistake, error or omission in the Information, including mistakes, errors and omissions originating from Information submitted to FirstCentral

8.1.3         any delay or failure in delivering or in any manner communicating or making available the information to the User , where such failure is not reasonably foreseeable by FirstCentral.

8.1.4         an event of force majeure as contemplated in 15 and/or

8.1.5         the downtime of any telecommunications line and/or infrastructure and/or facilities.

8.2 The User  shall be solely liable for any claims of whatever nature arising as a result of:

8.2.1         all actions taken or decisions made in reliance on any information and/or the information contained in any Reports (for the purpose of this clause 9 collectively referred to as the “Information”);

8.2.2         the use of the Information (by the User ) for a purpose other than a Prescribed Purpose or a purpose contemplated in the Act;

8.2.3         the User breaching a duty of confidentiality to its customer and/or consumer, as the case may be.

 

9. INDEMNITY

Without prejudice to any of the rights of either party at law or in terms of this Agreement, the User  agrees to indemnify FirstCentral against all actual or contingent losses, liabilities, damages, costs (including legal costs on the scale as between attorney and own client and any additional legal costs) and expenses of any nature whatsoever which each may suffer or incur as a result of or in connection with the gross negligent acts or omissions of FirstCentral in carrying out their respective obligations under this Agreement; or any other relevant statutory provision applicable.  

 

10. APPLICABLE LAW

This Agreement shall be interpreted and governed in all respects by the laws of the Federal Republic of Nigeria.

 

11. JURISDICTION

Parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of the Federal Republic of Nigeria for the purpose of all or any legal proceedings arising from or concerning this Agreement.

 

12. Collection of User Data

The  Users login credentials and search criteria are collected and recorded by FirstCentral for Audit and Billing purposes

 

13. ABOUT FirstCentral

FirstCentral Credit Bureau Ltd, “FirstCentral”, is a registered company incorporated in accordance with the laws of the FEDERAL REPUBLIC OF NIGERIA, (Registration Number CB000001), operating as Credit Bureau registered with the CBN, having registration number CB000001.

 

Contact Information

Physical Address : 9 Ganges Street Maitama, Abuja, Nigeria

Telephone: + 234 817 837 7643, +234 909 114 1981

Website: https://firstcentralcreditbureau.com/

Email: info@firstcentralcreditbureau.com