By using the DiamondSMEzone Learning Portal (The DLP) these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the DLP. We are offering you this platform to use for your own personal use without cost, but you should be aware you’re not allowed to copy, or modify the DLP, any part of The DLP, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the DLP, and you also shouldn’t try to translate the DLP into other languages, or make derivative versions. You hereby represent and warrant that you are above 18 years of age or older.
The DLP itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Diamond Bank Plc (The Bank)
- Availability and registration
You will not be able to use the DLP until you have registered to use the Service. We can refuse to register you for the Service and refuse to allow you to use and/or restrict your use of the DLP at any time.
- Applicable terms
We reserve the right to modify these T&Cs as required. If these T&Cs are modified, we will post a clear, easily accessible modification notification on the DLP. If you continue using the DLP, you will be bound by any or all modifications made to it.
You may be charged by your service provider for downloading and/or accessing The DLP on your mobile phone, tablet or other handheld device (the Device). These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills for your Device then we assume that you have the permission from the person that does before incurring any of these charges. We will not charge a separate fee for accessing The DLP, but you may be charged fees for using the Service.
- Minimum system requirements
The DLP will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.
- Use of your personal information
Certain functionality of the DLP may need to access your Device and information stored on it so that it works properly. By using the DLP you consent to this.
- Your use of The DLP
You must comply with these T&Cs as these apply any violation of these T&Cs may result in the termination of your access to The DLP.
The may only use The DLP for your own personal use and you must not send it to anyone else or copy or modify any part of it in any way
You must not attempt to extract any source code from the DLP, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the DLP and our systems.
You must not:
- republish material from the DLP (including republication on another website);
- sell, rent or sub-license material from the DLP;
- show any material from the DLP in public;
- exploit material from the DLP for a commercial purpose; or
- redistribute material from The DLP
You must not use the DLP for any of the following purposes:
- anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
- anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others. This includes any information that you may add or upload to the DLP;
- interfering in any way with any other user of the DLP; and/or
- knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.
You must not use The DLP in a way that may damage or impair the DLP, or our underlying systems and security.
Security is of paramount importance. You must keep your Device secure and properly close the DLP after each use. You must ensure that any security details account information and all other information that you provide to us via the DLP or otherwise is complete, accurate and up to date.
- Intellectual property rights
The DLP and all copyright, database rights, trade marks and other intellectual property rights related to it belong to us or our licensors.
- Our responsibilities to you
While we will endeavour to ensure that the DLP is normally available 24 hours a day, we shall not be liable if for any reason the DLP is not available at any time or for any period. Access to the DLP may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of The DLP
The DLP, including all content on or available through the DLP, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the DLP or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the DLP. The content of the DLP is not intended as advice and should not be relied upon.
We do not accept any responsibility to you for:
- malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the material you access via The DLP;
- any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
- viruses that may infect your computer equipment or other property on account of your access to or use of the DLP or your accessing any materials on the DLP;
- any unauthorised use or interception of any message or information before it reaches the DLP or our servers from the DLP;
- any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
- any content provided by third parties.
- Limitations of liability
We and our group companies and our and their officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
- The DLP and your use, delay in use or inability to use the DLP or if it does not work as you expect or would like or if it contains any defects or errors and whether or not we correct any of those defects or errors;
- your access to and use of any material on the DLP or material linked to or referred to on the DLP; and/or
- any loss or damage to your Device or any other hardware or software you use in connection with the DLP, including in connection with any viruses that may affect the same on account of your downloading and use of the DLP.
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise about, the DLC:
- for any direct loss
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
You acknowledge that use of the DLP is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
If we or any of our group companies or our or their officers, directors, employees, shareholders or agents do have any liability to you for any kind of loss or damage for any reason under or in connection with these App T&Cs and/or the Service T&Cs, you agree that you shall not recover more than once for that same loss and/or damage regardless of whether your claim(s) are made under or in connection with any or both of these App T&Cs and/or the Service T&Cs.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of these T&Cs.
- Termination and suspension
We may terminate or suspend your use of the DLP with or without notice at any time and without any liability to you. Upon any termination your right to use the DLP, and any other rights or permissions granted to you in these T&Cs, will end and you must stop using the DLP.
- Law and jurisdiction
These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter (including any non-contractual disputes or claims) will be governed by the laws of Nigeria and the parties agree that the courts of Nigeria will have exclusive jurisdiction to settle any such disputes or claims.
If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these T&Cs would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.