Last Updated: May 3, 2023
These Terms of Service govern the relationship between The Tonic Technologies Limited (‘us’, ‘our’,‘we’ or “Company”) and you (‘you’, ‘your’, or ‘client) and govern your use of any of our services (‘Services’) to you on our Platform (“Breet” “website” or “mobile application”) you and us are individually referred to as a 'Party', and collectively as the 'Parties'.
Please acknowledge and agree that you are entering a legal agreement with us and have understood and agree to abide with, and agree to be legally bound by these Terms, as well as the Privacy Policy. Where you are not in agreement or acceptance with these Terms, please do not use the Service and/or discontinue access to the Service immediately.
You warrant and represent that:
You hereby grant Breet Technologies Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
We may consider and approve other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources;
2. dot.com community sites;
3. associations or other groups representing charities;
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms; and
7. educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of Breet Technologies Limited; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Breet Technologies Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator being linked to; or
3. By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Breet Technologies Limited's logo or other artwork will be allowed for linking absent a trademark license agreement.
Under no circumstances does any information contained on the Platform or Breet Blog, or provided to you through your Breet Account or by any employee, agent or affiliate of Breet, constitute financial, investment or other professional advice. You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Breet Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
You must not use your Breet 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 Breet’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Platform or Breet’s reputation;
- attempting to gain unauthorised access to the Platform or any Breet Account;
- transmitting or uploading any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful programmes; or
- transferring your Breet Account access or rights to your Breet Account to a third party, unless as required by law or with Breet’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 Breet or a Breet customer, or the provision of any false, inaccurate, or misleading information to Breet;
- 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; and
- intellectual property infringement.
By opening a Breet Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.
Activities subject to the prior written approval of Breet. Unless you have obtained the prior written approval of Breet, you accept and agree that you will not use your Breet Account to conduct or operate any of the following business activities or categories of activity:
1. money services, including but not limited to money or digital currency transmission, currency or digital currency exchange or dealing, payment service providers, e-money or any other financial services business;
2. gambling or gaming services;
3. charitable or religious / spiritual organisations;
4. consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
5. investment funds, asset management, or brokerage services.
We reserve the right to restrict, suspend or terminate your Breet Account if we suspect, in our sole discretion, that you are using, or have used, your Breet Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Breet.
In no event shall Breet, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you 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 your use of, inability to use, or unavailability of the Platform and/ or your Breet Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Breet, 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 unauthorised access to Breet’s records, programmes or services.
THE foregoing does not affect any liability which cannot be excluded or limited under the applicable law.
The Company will not be liable for any loss resulting from your use of the Platform, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to severe weather, earthquake, flood, fire or other acts of God, and strikes or other labour problems, or to any other cause beyond the reasonable control of the Company or the Platform.
Breet reserves the right to restrict, suspend or terminate your Breet Account where:
1. we reasonably suspect your Breet Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
2. we reasonably suspect your Breet Account has been or is being used in relation to any unlawful, fraudulent or prohibited activity, or in breach of these Terms;
3. we reasonably suspect you or your Breet Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
4. we reasonably suspect you of taking any action that Breet considers to be a circumvention of Breet’s controls, including but not limited to opening multiple Breet Account;
5. we reasonably suspect your involvement in any attempt to gain unauthorised access to any Breet Account;
6. your Breet Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Breet Account;
7. we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
8. your name appears on a government or international body sanctions list.
The Company will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Breet Account, unless we are prevented from doing so by any legal,regulatory or operational process or requirement, or where doing so may compromise Breet’s security and/or risk management procedures. You accept and agree that the Company is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Breet Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Breet Account.
Upon termination of your Breet Account, all amounts payable by you to us will become immediately due and payable.
On termination, we shall complete all Transactions and/or Contracts that are already entered into or under execution and these Terms and Conditions shall continue to bind both parties in relation to such Transactions and/or Contracts. We shall be entitled to deduct all amounts due to us before transferring any credit balances to you and we shall be entitled to postpone such transfer until any and all Transactions and/or Contracts between you and us are closed. Furthermore, we shall be entitled to require you to pay any charges incurred in transferring your investments.
In the event that you involve us, directly or indirectly, in any type of fraud, we reserve the right, at our sole discretion and without prejudice to any other rights we may have under this Terms, to reverse all previous Transactions and/or Contracts, which would or could place our interests and/or any of our (other) clients’ interests at risk.
All queries and complaints should be raised with our customer support department through the support channel on the platform.
Without prejudice to any of our other rights to close a Transaction under this Terms, in any case where we are in dispute with you in respect of a Transaction or alleged Transaction or any communication relating to a Transaction, we may, at our absolute discretion and without notice, close any such Transaction or alleged Transaction, where we reasonably believe such action to be desirable for the purpose of limiting the maximum amount involved in the dispute, and we will not be under any obligation to you in connection with any subsequent movement in the level of the Transaction concerned.
Several governments, including that of Nigeria, have come up with laws, rules, and regulations all in a bid to eliminate money laundering and save the world from its effects.
Some of these laws and regulations are the Money Laundering (Prohibition) Act, 2011 (as amended), Terrorism (Prevention) Act, 2022 (as amended), and the Central Bank of Nigeria (Anti-Money Laundering and Combating the Financing of Terrorism in Banks, and other Financial Institutions in Nigeria) Regulations, 2022.
Breet, as a responsible company, frowns at and is committed to fighting, money laundering, and fully complying with anti-money laundering laws in Nigeria.
We are aware of the difficulties and risks that come with digital assets transactions, making it a popular channel for money laundering. To keep our company free of money launderers, we have come up with policies and structures that ensure that we comply with all government laws and regulations set up to fight money laundering. We have also taken steps to implement policies, independent of government input, which the company believes aids in preventing money laundering on its platform.
Our policies and structures are regularly updated to keep our company compliant with changes in regulations and to keep us abreast and compliant with international best practices.
In complying with the extant money-laundering laws and regulations, and international best practices, we:
a) Created a compliance unit that is headed by a compliance officer who spearheads the company’s anti-money laundering policy implementation in line with government policies;
b) Do regular background checks on suspicious users based on transactions processed within the platform.
c) Are dedicated to the development of vetting systems to manage and mitigate risks of money laundering, discover suspicious transactions, and report such transactions to the relevant authorities;
d) Review and identify areas of potential money-laundering risks and report such risks to the relevant authorities;
e) Ensured to have Placed necessary transaction limits which are regularly reviewed by the company based on government policy or industry standards;
f) Constantly cooperate with investigative efforts of security agencies and relevant government agencies by placing a lien on accounts being investigated for fraud, money laundering, and any other criminal activity.
This Terms and all disputes and matters arising from the Platform (or its use) shall be governed by the laws of the Federal Republic of Nigeria.
In the event of a controversy, claim or dispute arising out of or relating to this Terms, the Parties shall attempt in good faith to resolve such controversy, claim or dispute promptly by negotiation between the parties or their authorized representatives. You shall, before exploring any other remedy in law, notify us of the dispute or complaint through the contact details. If parties are unable to resolve the controversy, claim or dispute, the parties shall be referred to mediation by a single mediator at the Lagos Multi-Door Courthouse (“LMDC” ) under the LMDC Rules and governed by the Lagos Multidoor Courthouse Law.
Each Party agrees that any dispute arising out of or in connection with the Terms will be conducted only on an individual basis and not in a class, consolidated or representative action.
The Terms are made in the English language. They may be translated to other languages for convenience only, and in the event of any inconsistency, the English language version will prevail.
If any provision of the Terms is determined to be invalid, unenforceable, or illegal by any court or tribunal, it will be deemed to have been deleted without affecting the remaining provisions. If such provision would be valid, enforceable, and legal if some part of it were modified or deleted, the provision will apply with the minimum modification necessary to make it legal, valid and enforceable.
You will not assign your rights under these Terms, in whole or in part, without our prior written consent. Any attempt to do so will be void and constitute a material breach of this Terms. We may assign the Terms, in whole or in part, or subcontract our obligations under it, without your consent.
Nothing in these Terms will be construed as creating an agency, a partnership or joint venture between the Parties, constitute any Party being the agent of the other Party, or authorise any Party to make or enter any commitments for or on behalf of the other Party. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
No failure or delay by us to exercise any right or remedy provided under these Terms or applicable law, or a single or partial exercise of such right or remedy, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material, Breet will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, THE COMPANY MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES OR ANY DELIVERABLES, OR AGAINST INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY DELIVERABLES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES OR DELIVERABLES WILL BE SECURE OR UNINTERRUPTED. THE COMPANY EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR BASED UPON THE CLIENT’S USE OF THE SERVICES AND DELIVERABLES.
IF THE COMPANY IS PROVIDING PAYMENTS SERVICES PURSUANT TO THE AGREEMENT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PAYMENT REQUESTS THROUGH THE PAYMENTS SERVICES, AS SUCH PAYMENTS ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF THE COMPANY’S CONTROL, INCLUDING BUT NOT LIMITED TO PAYMENT SETTLEMENT TIMES, PAYMENT HOLDS, BANK INFRASTRUCTURE OUTAGES OR OTHER DELAYS IN THE BANKING SYSTEM AND BANK PAYMENT.