Terms of Use - Aster BI

The Services constitute a technology platform that enables businesses manage their finances in an effective manner.

The following are the conditions for Use of Aster BI’s services:

• A User will not have more than one Aster BI’s Account; use or access any Aster BI’s Account other than the User’s; or assist any other person in obtaining unauthorised access to any Aster BI Account;
• The User will provide security for transactions carried out through the User’s Aster BI Account;
• No User Aster BI Account may be deployed to use for or in relation to any illegal activity, any prohibited activity in violation of any laws, statutes, ordinances or regulations.

By opening an Aster BI Account, the User accepts that Aster may, without further notice and in its sole discretion, terminate from further use, suspend or restrict the account of any User whose use of the Aster BI site, or who Aster BI reasonably suspects may be using the Aster BI’s Site or any Aster BI’s Account in a manner that is inconsistent with these Terms.

Users must not deploy the use of a User Aster BI Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity’):

• violation of any laws, statutes, ordinance or regulations;
• undertaking, facilitating or supporting criminal activity of any kind, including but not limited to money laundering, terrorist financing, illegal gambling operations or malicious hacking;
• abusive activity, including but not limited to:
• imposing an unreasonable or disproportionately large load on Aster BI’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Aster BI’s Site or Aster BI’s reputation;
• attempting to gain unauthorized access to the Aster BI’s Site or any Aster BI Account;
• transmitting or uploading any material to Aster BI Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or
• transferring the User’s Aster BI’s Account access or rights to the User’s Aster BI’s Account to a third party, unless as required by law or with Aster BI’s prior consent.
• paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
• fraudulent activity, including but not limited to taking any actions that defraud Aster BI or an Aster BI customer, or the provision of any false, inaccurate, or misleading information to Aster BI;
• transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
• transactions involving TOR markets, online gambling sites or mixers;
• sale or purchase of narcotics or controlled substances;
• intellectual property infringement.

Aster BI reserves the right to restrict, suspend or terminate a User’s Aster BI Account if it suspects, that the User’s Aster BI Account is associated with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Aster BI.

The Users agrees that:

• any communications, agreements, notices and/or any other documents (together “Communications”) relating to a User’s Aster BI Account or the use of Aster BI’s services will be provided to the User electronically by posting them on the Aster BI’s Site, emailing them to the email address provided by the User, or through any other form of electronic communication. The User consents to receiving all Communications electronically;
• The User shall ensure to have available at all times the necessary hardware and software required to receive, access and retain Communications sent electronically, including a device with an internet connection and a valid and accessible email address;
• The User assumes full responsibility for providing Aster BI with a valid and accessible communication channel to which any communications may be sent, and for ensuring that any email address and any communication medium or information disseminated therefrom is kept up-to-date. Any Communication sent to the email address provided by the User will be deemed to have been received by the User. The User can amend or update contact information by signing-in to the User’s Aster BI Account and accessing the Settings page.

The User may at any time withdraw consent to receiving Communications electronically by contacting Aster provided that Aster BI shall take necessary actions in the event of failure to give or withdraw consent in this regard to prevent any security breach to a User Account.

Aster BI takes security very seriously. However, the User is solely responsible for:

• maintaining adequate security and control over an Aster BI Account sign-in details, including but not limited to any passwords, API keys, or any other codes associated with an Aster BI Account;
• enabling any additional security features available to the User, including the activation of two factor authentication;
• keeping the User’s contact details up-to-date so that the User can receive any notices or alerts that Aster BI may send in relation to security;
• maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with the User’s Aster BI Account.
• Failure to take the above measures, and any other security measures available to the User, may result in unauthorised access to the User’s Aster BI Account. Aster BI shall have no liability to the User in this regard for or in connection with any unauthorized access to User’s Aster BI Account, where such unauthorised access was due to no fault of Aster BI and/or any failure by the User to act upon any notice or alert issued by Aster BI to the User.
• The security of the User’s Aster BI Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect the User’s computer or other equipment. Aster BI strongly recommends that Users regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
• Care should be taken in reviewing messages purporting to originate from Aster and, should a User have any uncertainty regarding the authenticity of any communication, the User should only log on to a User’s Aster BI Account through the Aster BI’s website specifically, aster-bi.com; login and not any other domain name or website purporting to be, or to be related to, Aster BI to review any transactions or required actions.

To the maximum extent permitted by applicable law, the User accepts and agrees to have full responsibility for all activity that occurs in or through the User’s Aster BI Account and accept all risks of any unauthorized or authorized access to the User’s Aster BI Account.

While Aster BI shall do everything reasonable to provide continuous operations, Aster BI does not provide any warranty in relation to the availability of Aster BI’s Site or the User’s Aster BI Account. Without limiting the generality of the foregoing, Aster BI does not guarantee continuous access to Aster BI’s site or the User’s Aster BI Account and makes no representation that Aster BI’s Site, Aster BI’s PI, the User’s Aster BI Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

Aster BI reserves the right to restrict, suspend or terminate a User’s Aster BI Account where:

• It reasonably suspects the User’s Aster BI Account to be the subject of an operational or other error, requiring the suspension of access to that account until such time as the error is rectified;
• It reasonably suspects that the User’s Aster BI Account has been or is being used in relation to any unlawful, fraudulent activities, money laundering, financing of terrorism, fraud, or any other financial crime or in breach of these Terms of Use;
• It reasonably suspects that the User’s Aster BI Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime: provided that failure to detect the aforementioned risks shall not make Aster BI liable or culpable by any means whatsoever;
• It is reasonably suspected that a User is involved in gaining unauthorized access to any Aster BI’s Account other than the User’s personal account;
• The User’s Aster BI Account is or appears to be the subject of any legal, regulatory or government process and/or, where there appears to be a heightened risk of legal or regulatory non-compliance associated with the User’s Aster BI’s Account;
• Aster BI is compelled to do so by a prima facie court order, or other binding order of a government or regulatory authority; or
• A User’s name appears on a government or international body’s sanction(s) list.

Aster BI will make all reasonable efforts to provide the User with notice of any decision to restrict, suspend or terminate the User’s Aster BI Account, unless Aster BI is prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Aster BI’s security and/or risk management procedures. The User agrees that Aster BI is under no obligation to disclose the fact of or reason for any decision to restrict, suspend or terminate Aster BI’s Account, and shall have no liability in connection with the restriction, suspension or termination of the User’s Aster BI’s Account.

All intellectual property rights regarding the Aster BI’s site, documentations or information and materials on the Aster BI’s Site developed by or on behalf of Aster for the purpose of rendering the services under the Terms of Use, as well as data and statistics about the service rendered pursuant to these Terms of Use, belong to Aster BI. It shall not be copied, modified, adapted, reverse-engineered, decompiled or otherwise discover the source code of any single or combined component of Aster BI’s Site or any other software used by Aster BI, save with the prior written consent or approval from Aster BI.

Aster BI’s Site, the User’s Aster BI Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Aster BI expressly disclaims, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, Aster BI’s Site, the User’s Aster BI Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

In no event shall Aster BI, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to the User 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, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with the use of, inability to use, or unavailability of Aster BI’s Site and/or the User’s Aster BI Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Aster BI, or that result 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 unauthorized access to Aster BI’s records, programmes or services.

• Aster BI may assign its right and obligations to its subsidiary, agent or acquirers of its equity. A User may not assign or transfer any of the rights or obligations under these Terms without Aster BI’s prior written approval. In the event that Aster BI is acquired by or merged with a third party, it reserves the right to transfer or assign the Users’ information.
• Aster BI may amend or update this Terms of Use from time to time and notify Users on any of the Aster BI’s Sites which shall at all time serve as due notice of such amendment or update. Continuous use of Aster BI’s Site after an amendment or update, constitutes agreement with same by the User.
• Aster BI shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, lockdowns, pandemics, epidemics, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
• The User indemnifies Aster BI, its operating entities or any other affiliates (including their respective directors, members, employees and/or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from the use of or conduct in relation to the Aster BI’s Site and/or the User Aster BI Account, or from the User’s violation of these Terms.

This Terms of Use shall be governed by the Laws of the Federal Republic of Nigeria. Your use of Aster BI’s services may also be subject to other local, state, national or international laws.

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company and in the event that it is not resolved, you agree to submit the dispute to Lagos Multidoor Courthouse (LMDC) for mediation. The LMDC rules shall govern the conduct of the mediation. You agree that any settlement agreement reached at the mediation shall be binding on you.