Terms of Use
for
Central Securities Clearing System Plc Collateral Management System Portal
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- This page contains the Terms and Conditions (“Terms of Agreement”) under which you may use this
Collateral Management System website and its related pages (“the portal”). Please read the Terms
of Agreement carefully. By accessing the portal, you acknowledge that you have read and accepted
the Terms of Agreement.
- The Central Securities Clearing System Plc (CSCS) does not claim ownership or responsibility for
any information or attachments (including opinions and images, graphics and textual materials,
downloadable files, Pdf, Microsoft word, e.t.c.) posted on this page. CSCS also does not accept
responsibility for any loss arising from the use of such information. The use of such
information and attachments are at the sole discretion of the user.
- By using this portal, you have acknowledged and agree that the portal and other necessary
software used in connection with the portal contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further acknowledge
and agree that the contents or information presented to you through the portal is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
- Except as expressly authorized by CSCS, rights to revise the Terms of Agreement, and to modify
or delete or suspend any content on the website at any time without notice to you resides with
CSCS. You agree to read the current version of the Terms of Agreement each time you visit the
portal, and further agree that your continued use of portal constitutes your agreement to any
changes to the Terms and conditions.
- In addition, when using the portal, you shall be subject to any posted guidelines or rules
applicable to the Collateral Management System, which may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into the Terms of Agreement.
- The portal provides rich content concerning the Collateral Management System. You understand and
agree that the Service is provided “AS-IS” and that CSCS assumes no responsibility for the
timeliness, deletion, or failure to store any data before removal from the portal.
- In consideration of your use of the portal, you agree to provide true, validated, accurate,
current and complete data to CSCS. Any information or attachments provided to CSCS that is
untrue, inaccurate, not current or incomplete, CSCS will not be liable for any losses or damages
incurred due to wrong information. CSCS will also have a reasonable right to delete your data
from our server.
- Neither CSCS nor any of their respective directors, officers, employees and authorized
representatives shall have any responsibility or liability of any kind to you for any loss or
damage that you incur in the event of failure or interruption of the portal, mechanical or
electronic equipment failure, operator errors, telephone or other interconnect problems. Delay,
force majeure or other event resulting from an act or omission (whether directly or indirectly)
of any third party involved in providing functionality for the portal and making the data
contained on the portal available to you.
- You must ensure that systems used for transactions are adequately protected from viruses and
other harmful malware. You must also ensure that you keep your password and log in information
protected and strictly private and confidential. CSCS shall not be liable to you, in any way,
for any transaction conducted on the portal with your log in details. You further agree to
indemnify CSCS against any loss
- You agree that the collection, use, sharing, retention and destruction of any personal data
shall be in accordance with the provisions of the Nigerian Data Protection Regulation 2019.
- You have rights to ownership and control of your data and undertake not to use any personal data
provided other than for the purposes stated herein.
- You agree to indemnify and hold CSCS, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of any information or
attachments you submit, post, transmit or make available through the Portal. Your use of the
portal, connection to the portal, violation of the Terms of Agreement, or violation of any
rights of another would not be liable to CSCS or any member of its staff or directors.
- You expressly understand and agree that CSCS shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses resulting from:
-
- The use or the inability to use
the portal;
- Unauthorized access to or
alteration of your
transactions or data;
- Statements or conduct of any
third party on the
portal; or
- Any other matter relating to the
Collateral
Management System portal.
- If any of the terms, conditions or provisions of the Terms of Agreement are held to be invalid,
unlawful or unenforceable, such term, condition or provision adjudged invalid shall be deemed
deleted from/modified as appropriate in the Terms of Agreement, while the other terms,
conditions and provisions will continue to be valid to the fullest extent permitted by law.
- The Terms of Agreement shall be construed and interpreted in accordance with the laws of the
Federal Republic of Nigeria. Any dispute arising out of or in connection with the use of the
portal shall be resolved amicably between individuals with decision making authority within
fourteen (14) business days of receipt of notice to resolve by either Party. Where the dispute
still persists, either Party may initiate mediation at the Lagos Multi-Door Court House within
thirty (30) business days from the first meeting. If the dispute still persists, then either
Party may elect to approach a Court of competent jurisdiction to hear and determine any disputes
which may arise out of or in connection with this Terms of Agreement. Each Party shall bear its
own legal cost.
- The name “CSCS Collateral Management System” and CSCS’s logo are trademarks of CSCS and CSCS
respects the intellectual property of others, and we ask Users to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please contact CSCS on
contact@cscs.ng for notice of claims of copyright or other
intellectual property infringement.
- The Terms of Agreement constitutes the entire agreement between you and CSCS in governing your
use of the Collateral Management System portal, superseding any prior agreements between you and
CSCS. You also may be subject to additional Terms of Agreement that may apply when you use
affiliate services, third-party matter or third-party software. The Terms of Agreement and the
relationship between you and CSCS shall be governed by the laws of the Federal Republic of
Nigeria without regard to its conflict of law provisions. The failure of CSCS to exercise or
enforce any right or provision of the Terms of Agreement shall not constitute a waiver of such
right or provision or prevent a subsequent enforcement of that or any other right or provision.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavour to give effect to the
parties’ intentions as reflected in the provision, and that all the provisions of the Terms of
Agreement shall remain in full force and effect. You agree that regardless of any provision of
any statute or law to the contrary, any claim or cause of action arising out of or related to
use of the portal, or the Terms of Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred and extinguished.