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Terms Of Services
FULL MOON AFRICA NETWORK LIMITED
LAST UPDATED: SEPTEMBER 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU
PROCEED. BY PROCEEDING WITH THE PORTFOLIO OPENING PROCESS, YOU


For Complete Terms and Condition, Click Link to Download https://shorturl.at/YGovG
INDICATE THAT YOU UNCONDITIONALLY ACCEPT THE TERMS AND YOU
AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE
DO NOT PROCEED WITH THE PORTFOLIO OPENING PROCESS.
1. The T&C represents an agreement between:
YOU;
and
FULL MOON AFRICA NETWORK LIMITED a company registered under the laws of
the Federal Republic of Nigeria with Registration Number of 7239913 and having its principal
place of business at 273 Kofo Abayomi street, Victoria Island, Lagos, Nigeria (hereinafter
referred to as “FMAN” or “We” or “Us” which expression shall, where the context so
admits, include its legal representatives and assigns).
2. Definition and Interpretation
2.1. In the T&C, save where the context otherwise requires, references to an individual or
individuals shall include his/her or their respective personal representatives;
2.2. the singular includes the plural and vice versa and any gender includes any other gender;
2.3. The words “including” and “in particular” shall be deemed to be followed by the
expression “(but not limited to)”;
The following words and expressions in this terms and conditions (save where the context
requires otherwise) bear the following meanings:
e
“Portfolio” means your FMAN portfolio.
“Website” means the web
https://fullmoonafricanetwork.com,
sub-domains and all affiliated websites
owned and operated by FMAN, using
our website platform including
any content component, functionality,
and service offered on or through
Website, or copies of the Forms
provided to you offline. (collectively
"Application")
“Business Day” means any day other than a
Saturday, Sunday or public
holiday on which commercial
banks are generally open for
business in the Federal Republic
of Nigeria and in the United
States of America, inclusive of
stock market holidays in the
United States of America.
“Form” means the portfolio opening
form completed by You in
respect of your investment.
“Investments” means an asset acquired with the
goal of generating income under
the website.
“Personal Information” means the information about
You obtained by FMAN or
any of its service providers in
connection with the Services
being provided by them;
“Product” Means FMAN’s fixed
return/fixed income product
accessed via its website which
allows you to make
Investments.
“Representatives” means any authorised person
you have appointed in writing as
your representative and where
the representative is a corporate
entity, “Representative” shall
include the authorised officers
of such corporate entity.
“Services” means all products, services
collectively offered by FMAN
on its website, including the
fixed return/ fixed income
product.
“T & C” means collectively the terms and
conditions set forth in this
Agreement, as may be amended
from time to time, including all
exhibits, schedules and
addendum thereto and the terms
and conditions of the website
on
https://fullmoonafricanetwork.
com/TermsofService and
FMAN’s Privacy Policy
https://fullmoonafricanetwork.
com/PrivacyPolicy
“We”, “Us” and “Our” means FMAN and affiliate
companies.
“You” or “Your” means you, the investor who has
completed and signed the
portfolio opening form (the
Form) to access the Product on
the website and is bound by this
T & C.
3. Purpose
The Product can be accessed via the website. It allows you to make Investments and earn
competitive returns on fixed tenors ranging from 90 days – 1 year.
4. Our Agreement
4.1. The Form together with the T & C and other required supporting documents constitutes
a binding contract between You and Us.
4.2. We reserve the right to change the T & C without recourse to You when required by
legislation or our operational/business needs. The T&C and any amendments or
variations thereto shall take effect on their date of publication or on such other date as
may be expressly communicated to You, whichever is earlier.
4.3. Where the changes are relevant, we will advise you of the changes and how they affect
you. You agree to check the Terms, on the applicable channels (as may be advised), from
time to time.
4.4. You agree to be bound by the latest version of the T & C, as amended.
4.5. The T & C shall regulate the relationship between You and Us.
4.6. We reserve the right to decline your application to access the website or to revoke the
same at any stage at our sole discretion and without assigning any reason or giving
any notice thereto or in accordance with notice periods permitted in law.
5. Your Personal Details
5.1. To enable You open a portfolio on the website to access the Product, we
require information including your name, your phone number, your residential
address, a picture of You, your email address, your Date of Birth, your marital
status, your Employer’s name, nature of business, Source of Funds for the
Investment, Valid International Passport/Driver’s License.
5.2. You agree that You will provide, true, accurate, current and complete registration
information about yourself. We may also require that You provide your financial
information, risk preferences and any other information that We may require from
time to time (“Personal Information”). You hereby authorize Us to verify your
Personal Information from independent sources that may be available to Us. You
agree to promptly update your Personal Information for our records, in the event
of any change or modification to your Personal Information. Whilst we will use
best efforts to ensure that your personal details are up to date at all times, we will
not be liable for any loss occasioned by reason of Your failure to update Your
personal details as required.
5.3. We reserve the right to request for further information from You pertaining to the
opening of your Portfolio on the website at any time. Failure to provide such
information within the time required by Us may result in Us declining or
terminating your access to complete the portfolio opening process on the
website.
6. Communication
You consent to Us sending all notifications, notices, records, statements, communications,
updates, records, and any other information regarding the Website provided to You
(“Correspondence and Communication”) electronically. Where applicable, You will be
responsible for any charges, costs or expenses incurred for sending any Correspondence
and Communication to You.
7. Your Instructions
7.1. We will only accept written instructions from You. Your written instructions may
be sent to us by hand, via a recognized courier service, by email (through your email
address on our record) or any other means we may agree in writing in the future.
7.2. We will only accept instructions from your Representative only if (a) they were listed
as your legal representative at the point of opening Your Portfolio with FMAN; or
(b) they are subsequently advised by You as Your representative in writing as long
as satisfactory documentation to this effect has been provided by You.
7.3. We will not process any unclear, incomplete, or ambiguous instructions sent to us.
7.4. Any instructions or document set via courier or email, or any other channel
subsequently agreed between us are sent at your own risk, including risk of delay,
non-receipt or third-party interception (the “Risks”). Whilst we will use that degree
of care expected of a reasonable institution of our standing, in ensuring that our
email channels are secure, you agree that the Risks may not be totally prevented.
You hereby agree to indemnify and hold us harmless for any direct losses or damage
by we may suffer as a result of Your sending instructions or documents by courier
or email or us acting on any purported couriered or emailed instructions or
documents sent from Your physical address or email address.
7.5. We will use our reasonable endeavors to ensure that we carry out your instructions
within a period reasonable to the nature of the instruction and in accordance with
our timing standards set out in the Form. However, there may be circumstances
beyond our control which might lead to us not being able to adhere to our timing
standards. We will promptly inform You were any such circumstance arises. On
receipt of the said funds for the Investment, the funds shall be invested on the same
Business Day if received by FMAN before 12:00 noon and the following Business
Day, if received after 12:00 noon.
8. Connectivity
You agree that You are responsible for the means You use to access your Portfolio on the
Website and understand that your hardware, software, the Internet, your telecommunications
service provider, and other third parties involved in connecting You to your Portfolio on the
Website may not perform as intended or desired.
9. Availability of the Application
While We have put resources into building and testing the Website, glitches,
slowdowns, and crashes may occur. We will also need to periodically restrict access to
some parts of the Website to perform routine maintenance. We will try to schedule
maintenance during the middle of the night. While it is our intention that the Website
will be available seven days a week except when maintenance is scheduled (usually for
weekends or any other day in the case of an emergency), You understand that We do not
guarantee that You will always be able to access the Website.
10. Investment and Professional Advice
10.1. Nothing in this Website is intended to provide any investment advice by Us or any
third party to acquire or dispose of any investment or security. Unless otherwise
specified, you are solely responsible for determining whether any Investment, security or
any other product or service, is appropriate or suitable for You based on your investment
objectives, and personal and financial situation.
10.2. No advice or information, whether oral or written, obtained by You with respect to your
Investments shall create any warranty not expressly stated in this Agreement. If You
choose to rely on such information, You do so solely at your own risk.
10.3. FMAN shall not be in breach of the T & C if there is, and shall not be liable or have
responsibility of any kind for any loss or damage incurred by You as a result of any total
or partial failure, interruption or delay in performance of our duties and obligations
occasioned by any act of God, war (declared or undeclared), compliance with
government orders, pandemic, epidemic, demand or terrorism, fire, act of government,
state, governmental or supranational body or regulatory authority or war, civil
commotion, terrorism, failure of any internet or computer system, labour disputes of
whatever nature or any other reason (whether or not similar in kind to any of the above)
beyond our reasonable control.
10.4. Any financial projections or returns set out on the Website are estimated predictions of
performance only, are hypothetical, and not based on actual investment results and are
not guarantees of future results. Estimated projections do not represent or guarantee the
actual results of any transaction. Your reliance on the projections set out by FMAN on
the Website is at your own risk.
10.5. You understand that the legal and tax environment is continually changing, and that We
cannot be held responsible for any changes to legislation which might influence your
Investments or tax implications which did not exist at the time your Investment was
made.
11. Eligibility Requirements
You are eligible to open a Portfolio in respect of the Product on the Website if you
meet the following requirements:
11.1. You are a natural person older than 18 (eighteen) years old or a corporate entity duly
incorporated in Nigeria;
11.2. A minimum of US$5 or ₦5000 is required; and
11.3. You hereby covenant that all documents submitted to us in support of your Investment
are correct and in the event that we discover that some or all of the documents
submitted by You have been falsified or that vital information has been withheld by
You, we reserve the right to terminate the service unilaterally without notice to You.
12. Fees and Charges
We reserve the right to apply fees to your investments. These fees could either be one-off
and/or on-going fees as set out in the Form. All such fees will be agreed upfront before
consummation of any Investments.
13. Disclosures
You acknowledge that you are aware of the following:
13.1. There are risks associated with Investments under this Product.
13.2. The Investments are generally short-term investments.
13.3. Investments in foreign securities may involve various material risks which include,
potential constraints on liquidity and the repatriation of funds, macroeconomic, political,
foreign exchange, tax and settlement risks and potential limitation on the availability of
market information.
14. Taxes and Payments
14.1. You acknowledge that You are aware that You are liable for all taxes payable by You to
the relevant authorities.
14.2. Unless You are exempt and have provided us with a signed declaration form to this effect,
Your Investments may be subject to dividend and interest withholding taxes, at their
respective prescribed rates.
15. Death
On death, the funds held in Your Investments shall remain in the investment until they are
paid in accordance with the laws relating to the administration of estate in Your stated
domicile.
16. Compliance with Applicable Law
16.1. As a duly incorporated legal entity, we are committed to complying with applicable
national and international law, rules and regulations and policies regarding the combating
of criminal activities, money laundering and terrorist financing.
16.2. Your application to open a Portfolio and all information concerning You are subject to
verification, processing, screening and profiling against internal and external data sources.
FMAN may be obliged to decline Your application or may request additional
documents such as financial statements and asset and liability statements if You fall in a
certain risk category.
16.3. After acceptance of Your application, all information, instructions and transactions on
your behalf will be subject to continuous screening and profiling which may prohibit,
limit or delay the execution of Your instructions and which may oblige us to terminate
our relationship with You.
16.4. To the extent allowed by applicable law, we will inform You of any prohibitions or
limitations on your application, instructions or transactions.
16.5. We, our respective affiliates, employees, officers and directors will not be liable for any
special, punitive, indirect or consequential losses or damages, including, without
limitation, loss of profits or any anticipated savings.
17. Email Notifications.
17.1. You may receive email notifications from Us to You at any time, in relation to your
Investments.
17.2. Should we not receive any notification within 30 (thirty) days of the email notification
having been sent out to You, that the email notification relating to you Investments
contains errors, or is not a true reflection of your Investment, then FMAN shall be
entitled to regard the content of the email notification relating to your Investment as
being correct in every way.
17.3. The values shown on the email notifications relating to your Investment reflect the latest
information available as at the date the email notification is sent to You.
18. Liabilities and Indemnities
18.1. You agree to bear the liability where supporting documents supplied by You to FMAN
are not correct.
18.2. You agree to indemnify FMAN in the event of any lawsuit, claim or sanction that may
arise from the T & C by reason of any information You supplied to FMAN.
18.3. You agree that neither FMAN nor its directors, employees, agents, advisors or
consultants (each an “Indemnified Party”) will be liable for any loss you (or any person
claiming through you) might suffer in connection with the T & C or your Investment,
except to the extent that such loss resulted from such Indemnified Party's gross
negligence or willful misconduct as determined in a final, non-appealable judgement of
a court of competent jurisdiction. Any such claim will be limited to reasonably foreseeable
losses arising directly from FMAN's actions undertaken in connection with your
Investment, and will not include lost profits or indirect or consequential or punitive
damages.
18.4. You also agree to indemnify and hold harmless each Indemnified Party against any loss,
claim, damage or liability (“Loss”) to which such Indemnified Party may become subject
in connection with or arising from the Indemnified Party's activities as contemplated
under the T & C, in connection with your Investment, and to reimburse such
Indemnified Party for all expenses, including any legal expenses, incurred by such
Indemnified Party in connection therewith or with the investigation or defense thereof;
provided, however, that You shall not be liable in respect of any Loss to the extent that
such Loss resulted from our breach of the T & C caused by such Indemnified Party's
gross negligence or willful misconduct as determined in a final, non-appealable judgment
in a court of competent jurisdiction.
19. Representations and Warranties
You hereby represent and warrant that:
19.1. You have read and understood the T&C;
19.2. You are at least 18 (eighteen) years of age;
19.3. Your Personal Information and any other information given to Us is true, accurate,
authentic, current and complete;
19.4. You grant to Us the right to use your Personal Information in accordance with the
T&C;
19.5. You agree to comply with and be bound by the T&C governing your use of the
Portfolio;
19.6. You affirm that the T&C are without prejudice to any other right that We may have
with respect to your use of the Portfolio under the laws of Federal Republic of Nigeria
or otherwise;
19.7. Please note that we are obligated to report all forms of financial crimes including
suspicions of money laundering and financing of terrorism to the relevant regulatory
authorities. Any such disclosure by us will not constitute a breach of the confidentiality
obligations which arise by virtue of our relationship with You.
19.8. You shall not assign or transfer your rights under the T&C to anyone else, without our
approval in writing;
19.9. You are responsible for safeguarding your FMAN log-in credentials such as user name
and password which enable your access to the Application. You must immediately notify
your FMAN representative if your log-in credentials are compromised. FMAN has no
liability for any loss, claim, or other damages that result from unreported, unauthorized
use of your login credentials. You agree to cooperate with FMAN in any investigation
and agree to take corrective measures to protect your accounts from further fraudulent
activity.
20. Disclaimer of Warranties
20.1. FMAN shall not be responsible for any loss suffered by you should the Website be
interfered with or be unavailable by reason of the failure of your Mobile phone or any
other electronic device used in accessing the Services, or any other circumstances
whatsoever not within FMAN’s control including, without limitation, Force Majeure or
error, interruption, delay or non- availability of the System or Network, terrorist or any
enemy action, loss of power, adverse weather or atmospheric conditions, and failure of
any public or private telecommunications system.
20.2. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF FMAN
GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR
USEFULNESS OF ANY INFORMATION ON THE APPLICATION. WE DO
NOT WARRANT THAT THE APPLICATION WILL MEET YOUR NEEDS OR
EXPECTATIONS, OR BE UNINTERRUPTED, SECURE OR ERROR FREE. WE
HAVE NO RESPONSIBILITY FOR ANY DAMAGE THAT MAY BE CAUSED
TO YOU AS A RESULT OF USING THE APPLICATION.
21. Termination
21.1. This agreement remains in force until the maturity of your Investment. You will be
informed prior to the maturity date for steps to be taken at maturity.
21.2. FMAN upon a written notice of 30 (thirty) days can terminate the Investment and close
your Portfolio in the event that continuing the Investment becomes illegal and/or does
not conform to regulatory requirements.
21.3. Without prejudice, FMAN upon written notice of 30 (thirty) days can terminate the
Investment and your Investment will be at principal and accrued interest less any charges
to You. You agree to indemnify FMAN for any loss or administrative cost that may be
incurred.
21.4. We will fully cooperate with any law enforcement authorities or court order requesting
or directing Us to disclose the identity of anyone posting, publishing, or otherwise
making available any User information, emails, or other materials that are believed to
violate the T&C.
22. Confidentiality
We acknowledge that all information relating to Your Portfolio is confidential and shall ensure
that no documentation or their contents, shall without Your prior written consent be disclosed
to any person except:
22.1. as required by applicable law or by any applicable governmental or regulatory authority
or by any applicable stock exchange regulation;
22.2. to our employees who strictly need to know for the purposes of facilitating the
administration of Your Portfolio, who have been made aware of and agree to be bound
by the obligations under this paragraph or are in any event subject to confidentiality
obligations as a matter of law or professional practice;
22.3. documents which are or become public knowledge through no breach of the obligations
of confidentiality; or information which was known to the receiving party prior to
disclosure in terms hereof.
23. Third Party Service Provider(s)
In order for You to conveniently use the Website, we may utilise the service of third-party
service provider(s). Please be aware that FMAN is neither responsible for the services provided
by third party service providers nor are We responsible for the privacy policy or practices of third-
party service provider(s). You are required to read and understand the contents of the privacy
policy, terms and conditions, user agreement, and any other document required by a third-party
service provided to access their service. PLEASE NOTE that where You do not accept the terms
and conditions of a third-party service provider(s), DO NOT ACCEPT the T&C.
24. Transmission of Personal Information
Your use of the Website may involve the transmission of your Personal Information to third
party service provider(s). In view of your right to provide consent for the transmission of your
personal information, You consent to the transmission of such information through the
Website and represent that such consent shall be effective each time You use the Website. You
hereby agree that We reserve the right to request for further information from You
pertaining to your access or use of the Website.
The transmission, use and/or analysis of your personal data or information shall be processed
by Us in accordance with the Nigeria Data Protection Regulation 2019 as may be amended from
time to time and any other data protection regulation in force.
25. Third Party Service Provider(s) Disclaimer
You agree that the T&C governs only the Website provided by FMAN and not any service(s)
provided by third party service provider(s). You agree that FMAN’s decision to use the service
of third-party service provider(s) is not an endorsement of the content or services provided by
third party service provider(s). By using the Website, You agree to use the services of third-
party service provider(s) at your own risk. You agree that We do not control third party service
provider(s) and that there is no agency relationship between Us and third-party service
provider(s). We expressly disclaim any responsibility for any service or information provided by
third party service provider(s), and You agree to hold Us free from any liability that may arise
from service(s) provided by third party service provider(s). FMAN does not guarantee the
accuracy, reliability, completeness, or usefulness of any service(s) provided by third party service
provider(s). We do not guarantee that the services provided by third party service provider(s) will
be secured, uninterrupted or free from errors. We have no responsibility for any damage that
may be caused to You because of using the services of third-party service provider(s). You agree
that any claim, controversy, complaint, or dispute arising out of or in connection with the
service(s) of a third-party service provider shall be resolved in accordance with the terms and
conditions of such third-party service provider.
26. Assignment
We may, on notice to You, cede, assign, transfer and delegate any of our rights and obligations
under the T & C to another entity or person without requiring your consent. You may not cede,
assign, transfer and or/delegate any of your rights and obligations under the T & C to another
person without our prior written consent.
27. Governing Law and Dispute Resolution
This T & C will be governed by and construed in accordance with the laws of the Federal Republic
of Nigeria. You hereby irrevocably agree that all disputes arising from or in connection with this
T & C shall be submitted to Mediation in accordance with the rules of the Lagos Multi-Door
Court House. The mediation shall be conducted in English language and the decision of the
Mediator shall be final and binding on both parties.
28. Severability
If any provision of the T & C shall be held to be illegal, invalid or unenforceable, in whole or in
part, the provision shall apply with whatever deletion or modification is necessary so that the
provision is legal, valid and enforceable. To the extent that it is not possible to delete or modify
the provision, then such provision or part of it shall, to the extent, that it is illegal, invalid or
unenforceable, be deemed not to form part of this T & C and the legality, validity and
enforceability of the remainder of the T & C shall, subject to any deletion or modification made
under this paragraph, not be affected.
29. Survival
The obligations under the sections of the T &C dealing with indemnities, confidentiality,
limitation of liability, governing law and dispute resolution will remain in effect and will survive
the termination of the relationship between the parties.
30. Contact Us
Should you have any questions, please contact us at info@fullmoonafricanetwork.com
YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE
ABOVE TERMS AND CONDITIONS. BY PROCEEDING TO OPEN THE
PORTFOLIO, YOU INDICATE THAT YOU UNCONDITIONALLY ACCEPT THESE
TERMS AND AGREE TO ABIDE BY THEM.