General Information
This document (‘Terms of Use” or “Agreement”) sets out the terms and conditions which will govern your use of the transaction management and escrow services provided on and through confamMoney.com (the “Services”). By continuing to use the Services you have accepted this Terms of Use and agree to be bound by it. If you do not agree to this Terms of Use, you shall discontinue further use of the Services. If you agree to this Terms of Use, you will be bound as follows:
Definitions
“Account” means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, (ii) an account of a Seller to which payment for the Transaction and other payments will be credited, or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained; “Agreement” refers to this Agreement, the current operating rules contained on the Site and the Transaction Escrow Instructions. 'Transaction Detail Page' means the page on the Site where Users provide all requested information in connection with a Transaction; “Escrow Instructions” or “General Instructions” means the document on the Site that contains the terms agreed upon by the parties in a Transaction on the Transaction Detail Page and any other terms and conditions of the Transaction including this Terms of Use; “User” means Buyer(s), Seller(s), and Broker(s) participating in a Transaction; “Site” means www.confamMoney.com. Capitalized terms not defined herein shall have the same meaning as set forth in the General Escrow Instructions.
Description of the Service
The Services are transaction management services performed by confamMoney.com and provided by Beta Brain Confam Services Limited, “BBCS,” which acts as escrow agent in a Transaction, to facilitate the completion of the underlying transaction under the terms of this Agreement, the Site and the applicable Transaction Escrow Instructions.
Use of the Services
The Services are only available for lawful transactions. It is the duty of the User to ensure that the Transaction done on the Site is lawful, carried out in accordance with applicable laws and in respect of items not otherwise excluded by Section 4 below. Limitations on the Services may apply and can be found on the Site or in the General Escrow Instructions or Transaction Escrow Instructions. Only registered Users may use the Services. To register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.
Prohibited Transactions
Users shall not utilize the Site or the Services for any Transaction that is illegal or involves any illegal items, or is for any illegal purpose. confamMoney.com, in its sole discretion, may refuse to complete any Transaction that it has reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or for any other reasonable cause. You agree to indemnify and hold confamMoney.com harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
Rejection of Payment
Your use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, consequently, confamMoney.com is not liable to any User if confamMoney.com does not complete a Transaction as a result of any such limit, or if a financial institution fails to honour any credit or debit to or from an Account. confamMoney.com may post operating rules related to payment on the Site and change such rules from time to time.
General Conditions of Use
If you arrive at the Site through entities linked and/or integrated with confamMoney.com or otherwise by or through a third party (e.g., an auction, exchange, or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to confamMoney.com to facilitate the Transaction. You represent and warrant that all information you provide to confamMoney.com or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms in the General Escrow Instructions and agree to the Transaction Escrow Instructions.
Obligations of Sellers
On the Transaction Detail Page, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes BBCS and its authorized agents to initiate credit entries to such Seller's Account for payment of the purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in a Transaction shall deliver the items set out in Transaction Detail Page directly to the Buyer (or Buyers), at the address specified by such Buyer as shown on the Transaction Detail Page. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall provide confamMoney.com with a tracking or reference number for the shipment of the goods. Seller gives confamMoney.com permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. In the event confamMoney.com does not receive notice of shipment from Seller within ten (10) calendar days of notification from confamMoney.com’s notice to Seller to ship the items, Seller authorizes confamMoney.com to return the escrowed funds (excluding confamMoney.com fees) to Buyer. In the event of a return of the items by Buyer, Seller shall notify confamMoney.com of the receipt of the returned items. Upon receipt of such notice from Seller, the Seller's five (5) day inspection period shall commence. In the event Seller accepts the returned items within the inspection period or fails to act within the inspection period, confamMoney.com shall remit the escrowed funds (excluding confamMoney.com fees) to Buyer. If Seller notifies confamMoney.com of its non-acceptance of any returned items within the Seller's inspection period, then confamMoney.com will retain the escrow funds pending resolution of the dispute or take other action as authorized. Notwithstanding anything to the contrary above, if all Users to a Transaction agree on the Transaction Detail Page that there is no shipping required, then no party to the Transaction will have any obligation under this Agreement with respect to shipping.
Obligations of Buyers
On the Transaction Detail Page, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees (unless such fees are to be paid by Seller) will be obtained for the deposit into escrow. Depending on the amount of the Transaction and the currency selected for the Transaction, Buyer may remit the necessary funds to confamMoney.com via various methods, which may include corporate credit card, charge card, debit card, or electronic transfer. In the case of electronic transfers, Buyer will initiate the transfer to an account designated by confamMoney.com on or before the date set out in the Transaction Detail Page. Regardless of the payment method, Buyer authorizes confamMoney.com and confamMoney.com authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under this Agreement. confamMoney.com will deposit funds received from Buyer into an escrow trust account maintained by confamMoney.com (the `Escrow Account`). Unless otherwise requested as specified in the following sentence, escrowed deposits do not earn interest for Buyer or Seller. If you anticipate an extended closing of the Transaction, then you may request and approve an instruction to have confamMoney.com place Buyer's funds into an interest bearing account for the benefit of Buyer or Seller. If interest is to accrue to the benefit of the Seller, then both Buyer and Seller must request and approve the establishment of the interest bearing account. If this request is made, then confamMoney.com will charge the account of the party to whom the interest accrues an additional nonrefundable service charge, which must be paid in advance. Buyer shall notify confamMoney.com of the receipt or non-receipt of the items on the date the merchandise is received or the Buyer Inspection Period is started. Buyer shall notify confamMoney.com of the Buyer's acceptance or rejection of the items before the Buyer's Inspection Period expires. Upon receipt of notice from Buyer that the items have been received and accepted, confamMoney.com shall transfer the payment amount (less any fees payable to confamMoney.com) to Seller's Account. Transfer to a Seller generally will be initiated within two business days from the day on which notice of acceptance of the items is received from the Buyer. If Buyer has not notified confamMoney.com of the non-receipt or rejection of the items during the Buyer's Inspection Period, then Buyer authorizes confamMoney.com to remit the escrowed funds (excluding fees of confamMoney.com) to the Seller. Buyer shall follow the procedures set out on the Site in the event the items are rejected.
Obligations of Brokers
On the Transaction Detail Page, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes BBCS and its authorized agents to initiate credit entries to such Broker's Account for payment of the Broker's commission, and to debit Broker's account to discharge Broker's obligations. Each Broker in a Transaction shall provide Buyer email, Seller email, and Transaction details including purchase price, merchandise description, inspection period and which party is responsible for the Broker and Escrow fees.
Our Responsibilities
ConfamMoney.com is obligated to perform only those duties expressly described in this Agreement and the General Escrow Instructions. confamMoney.com shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in the Section ‘Disclaimers’). confamMoney.com may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory of the same and shall have no duty to make any inquiry or investigation. In the event that confamMoney.com is uncertain as to its duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in the opinion of confamMoney.com, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the Escrowed Funds, confamMoney.com may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator or mediator pursuant to an arbitration or mediation commenced and conducted in accordance with the General Escrow Instructions or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined in the General Escrow Instructions. confamMoney.com may, at any time, give notice of its intent to resign as Escrow Agent. If, within ten (10) days of such notice, confamMoney.com has not received notice from all Users in a Transaction that they have designated a substitute escrow agent (which notice shall identify the substitute escrow agent), confamMoney.com may discharge confamMoney.com duties under this Agreement by depositing all escrowed funds with a court of competent jurisdiction. If an alternate Escrow Agent is so designated, confamMoney.com shall be discharged from its duties under this Agreement, the General Escrow Instructions and the Transaction Escrow Instructions by delivering all escrowed funds to such person or entity. Upon payment of the escrow funds pursuant to this Agreement, confamMoney.com shall be fully released from any and all liability and obligations with respect to the escrow funds and the Transaction.
Canceling a Transaction
If a Transaction cannot be completed for any reason, including cancellation by confamMoney.com for any reason, confamMoney.com will notify each User in such Transaction by e-mail, to the e-mail address each has provided to confamMoney.com. confamMoney.com in its sole discretion, may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Page by clicking the 'Agree' button as requested on the Site. You may cancel a Transaction as provided in this Agreement, on the General Escrow Instructions or in the Transaction Escrow Instructions.
Questions about the Services
If you believe an error has been made or there has been any unauthorized use of your Account or the Services, you agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you became aware of an error. When you contact confamMoney.com, please provide your name, confamMoney.com reference number and your email address you have registered on the confamMoney.com site.
Statements & Verification
You agree that all disclosures and communications regarding this Agreement and the Service shall be made by e-mail or on the Site, unless the parties make other arrangements as set forth in the General Escrow Instructions.
Digital Identification
ConfamMoney.com will create, issue, and verify a digital identification (a 'Digital ID') for each User which will be attached to every electronic document and notification e-mails by that User. The Digital ID is the User’s 'Electronic Signature.'
Fees
Unless otherwise agreed upon by each User in the Transaction, Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction Escrow Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, confamMoney.com fees are nonrefundable. confamMoney.com fees may change from time to time in confamMoney.com’s absolute and sole discretion.
Taxes
You understand and agree that confamMoney.com is not responsible for the payment of any value added tax, sales tax, or other governmental tax or levy imposed on any items or service purchased or sold through the Services or otherwise arising from the Transaction.
Security
ConfamMoney.com uses a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet to ensure that the data you provide confamMoney.com is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. confamMoney.com on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.
Disclaimers
You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly 'as is' and 'as available' basis. confamMoney.com makes no warranty with regard to the underlying Transaction, any items or services obtained by you through the use of the Site or the Services, that the Services will meet your requirements or that the Services or Site will operate in a timely or error-free manner. confamMoney.com disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. confamMoney.com is not liable or responsible for any guarantees, warranties and representations offered by any Seller of items or services. No advice or information, provided to you by confamMoney.com shall create any warranty unless expressly made in this Agreement. confamMoney.com does not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained on such third party’s websites, or any infringement of third party intellectual property rights arising from such third party’s websites, or any fraud or other crime facilitated by such websites. confamMoney.com is not liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any telecommunications services provider, internet access or computer equipment or software, any mail or delivery service beyond the control of confamMoney.com (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services).
Limitation of Liability
ConfamMoney.com and its agents are not liable for any damages whatsoever relating to your use of or inability to use the Site or the Services.
Termination of Services
confamMoney.com may suspend or terminate your use of the Services at any time, without notice for any reason, in confamMoney.com 's sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, confamMoney.com will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but confamMoney.com is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that confamMoney.com may incur in order to (a) collect any amounts you owe under this Agreement, the General Escrow Instructions, or the Transaction Escrow Instructions or (b) to initiate an arbitration, mediation or judicial proceedings to resolve a dispute between Buyer and Seller, as set forth in the General Escrow Instructions.
Non-Transferability of the Services
You may not assign this Agreement or the Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of confamMoney.com. confamMoney.com may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
Modifications
ConfamMoney.com reserves the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Transaction Escrow Instructions. The most recent version of this Agreement will be located on the Site.
Notices
Notices from confamMoney.com to you will be given by e-mail, or by posting on the Site. You may contact confamMoney.com by filling the customer support form or such other email address as confamMoney.com posts as its address for notice on the Site in the most recent version of the Terms of Use.
Indemnification
You agree to indemnify and hold confamMoney.com, its affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Transaction Escrow Instructions, including, without limitation, payment of confamMoney.com fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
Governing Law and Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the General Escrow Instructions. This Agreement is governed by the Laws of the Federal Republic of Nigeria. Any dispute arising from the Transaction shall be resolved in accordance with the procedure stated in the General Escrow Instructions. This Agreement in conjunction with the General Escrow Instructions and rules contained on the Site constitutes the entire agreement between confamMoney.com and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site, and/or the General Escrow Instructions, then the conflicting terms set out in the General Escrow Instructions shall control first, these Terms of Use shall control second and the rules contained on the Site shall control third. The General Escrow Instructions are incorporated in this Agreement by this reference.
No Waiver
ConfamMoney.com’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by confamMoney.com in writing.
Severability
If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
Assignability
confamMoney.com may assign this Agreement to any current or future affiliated company and to any successor in interest. confamMoney.com also may delegate certain of its rights and responsibilities under the Agreement to independent contractors or other third parties.
Consent
If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Use, as amended from time to time in confamMoney.com’s sole discretion, and evidence that you have read, understood and accepted the then applicable Terms of Use.
