SurplusFX Terms and Conditions
1. IntroductionWelcome to SurplusFX, powered by Linearsend (“Platform”) (which expression shall where the context so admits, include its successors–in-title and assigns).By using this Platform, You are acknowledging and agreeing to comply with and be bound by the following terms and conditions of use governing SurplusFX's relationship with You in relation to this Platform. These Terms and Conditions are for an indefinite term and legally binding, so please read them through carefully before accessing this Platform. The onus is on You to access these Terms and Conditions, as well as any amendments made thereto. If You are not agreeable to these Terms and Conditions, You may not access this Platform.These Terms and Conditions are specific and apply to Your use of this Platform. Any changes to these Terms and Conditions will be updated on this Platform and will be displayed when You access it.For the underlying technology and services, this Platform operates on Linearsend, and your use of the Platform is governed by the Linearsend Terms and Conditions [https://www.revveme.com/terms-of-use] and Linearsend Privacy Policy [https://www.revveme.com/privacy-policy}
2. DefinitionsWherever the following words and phrases appear in these Terms and Conditions they will always have the following meanings:1. “Data Subject” means an identifiable person. One who can be identified directly or indirectly by reference to an identification number or to specific information provided by him or her in accordance with the provisions of these Terms and Conditions.2. “Personal Information” means the data relating to a Data Subject which is collected to enable You to use the Platform, and includes Bank Verification Number (BVN) data collected for the purpose of effecting a transaction on the Platform.3. “Platform” means this electronic Portal or SurplusFX App, powered by Linearsend.4. “Terms and Conditions” mean the terms and conditions contained within this electronic document You are reading now.5. “You” means the person using this Platform in accordance with these Terms and Conditions and ‘your’ shall be construed accordingly.
3. EligibilityTo use this Platform, You must:1. Be 18 years of age or above. In the event that You are below 18 years of age, You are visiting the Platform at your own risk and warrant that You have been advised accordingly and are acting with the direction of your parents or guardian;2. Have a valid email address and contact telephone number;3. Be a resident in a jurisdiction where this Platform or any part therein is not restricted;4. In the case of a corporate entity, be a company registered under the laws of the jurisdiction where the Platform is being used.You hereby confirm that in consideration of SurplusFX providing You access to the Platform, You have read, understood, and agreed to be bound by these Terms and Conditions each time You access this Platform.
4. Registrations and ConfirmationBy registering on this Platform, You warrant that all information provided is true, complete, and accurate. SurplusFX takes all information at face value and shall not be responsible for any inaccurate, untrue, or false information.
5. Application for and Use of the Platform1. If your registration application is accepted, You agree to receive marketing and promotional materials via an email broadcast unless You have selected not to receive these materials; and consent that your registration details will be utilised by SurplusFX in relation to the activities enumerated in this Platform.2. Your consent to receive electronic notifications will remain in effect until You revoke it via the unsubscribe option on the Platform. Please note that it may take some time for us to update our records to ensure your new choices are respected.3. You must ensure that You update your details (including any change in your email address) on the Platform immediately whenever any such change occurs.
SurplusFX’s Obligations
SurplusFX keeps your Personal Information through Linearsend using the following applicable criteria:• Duration of your use of the Platform and types of services provided;• Reasonable retention of records after you stop using the Platform to demonstrate legal compliance;• Applicable time limits for claims;• Legal, regulatory, and best practice obligations;• Terms of contracts or consents provided;• Relevant proceedings;• Legitimate business interests.For access, correction, deletion, or other queries regarding your Personal Information, contact Linearsend in accordance with the Linearsend Privacy Policy.
6. Access to and Control over InformationIn respect of your Personal Information, You may contact Linearsend to:• See what Personal Information we have about You, if any.• Change/correct any Personal Information we have about You after providing the required documentation and if it is within your purview to change/correct.• Have us delete any Personal Information we have about You, if allowable and subject to applicable laws.• Request for contact details of the data protection officer, where applicable.• Request the purpose of processing as well as the legal basis for processing.
7. User ResponsibilitiesYou confirm that You have read these Terms and Conditions and the Privacy Notice and agree to be bound by them every time You access this Platform.You shall not, and shall not attempt to:• Decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete, or tamper with any part of this Platform or services in relation thereto.• Copy, reproduce, republish, frame, upload to a third party, transmit or distribute the whole or any part of this Platform.• Send or transmit material containing software viruses or files designed to disrupt the Platform.• Conduct any systematic or automated data collection activities (scraping, data mining, data extraction, data harvesting) without SurplusFX’s express written consent.
8. LiabilitiesSURPLUSFX SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OF THE PLATFORM UNLESS SUCH A LOSS OR DAMAGE RESULTS DIRECTLY FROM THE FRAUD OR WILFUL DEFAULT OF SURPLUSFX.
IN THE EVENT THAT YOU DO NOT COMPLY WITH ANY PROVISION OF THESE TERMS AND CONDITIONS AND SUCH NON-COMPLIANCE RESULTS IN ANY LOSS OR DAMAGE TO SURPLUSFX, YOU AGREE AND UNDERTAKE TO COMPENSATE SURPLUSFX FOR SUCH LOSS AND/OR DAMAGE.
ANY LIMITATION OR EXCLUSION OF LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL ONLY BE VALID TO THE FULL EXTENT PERMITTED BY LAW.
9. Security and ConfidentialityYou understand and agree that You are responsible for maintaining the confidentiality of your User ID and password at all times.
10. Changes and Operation of the PlatformSurplusFX reserves the right to make changes to any part of the Platform, suspend or terminate the operation of the Platform at any time for support, maintenance, or improvements.
By using this Platform, You agree to periodically visit the Platform to determine the then-current terms of use to which You are bound.
11. SeverabilityIf one or part of these Terms and Conditions proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms in any way.
If we relax any of these Terms and Conditions once, this may be on a temporary basis or as a special case; it will not affect our right to enforce that term strictly again at any time.
12. IndemnityYOU AGREE TO INDEMNIFY AND HOLD HARMLESS SURPLUSFX AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, DAMAGES, AND/OR PENALTIES ARISING OUT OF ANY FAILURE BY YOU OR ANY AGENT ACTING ON YOUR BEHALF TO FULLY OBSERVE THESE TERMS AND CONDITIONS OR BY REASON OF ANY USE BY YOU OR SUCH AGENT OF ANY INFORMATION OR IMAGES PROVIDED ON THIS PLATFORM.
13. Intellectual Property RightsThe composition contained in this Platform ("SurplusFX Content"), including text, data, audio, video, programming, software, source code, graphics, photographs, databases, illustrations, artwork, names, logos, designs, button icons, scripts, trademarks, service marks, domain names, service names and other information regarding SurplusFX, whether registered or unregistered, are either owned by and are the intellectual property of SurplusFX or licensed to SurplusFX, and are subject to copyright and other intellectual property rights under the Laws of Canada and applicable international conventions.
Unauthorized use/exploitation of SurplusFX Content may violate copyright, trademark, and other applicable intellectual property laws in force in Canada and/or outside Canada and could result in criminal or civil penalties.
All trademarks, service marks, logos, and any other marks whatsoever are used for the benefit of their respective owners and are not intended to infringe the trademark of any such person.
14. Third-Party AdvertisingSurplusFX may allow third parties to place advertisements on the Platform. Third-party advertisements are clearly labeled as such and may be chargeable. SurplusFX does not endorse and is not responsible for the content of any third-party advertisement on this Platform or otherwise.
15. Restrictions of Access to this PlatformAccess to this Platform or any part of it may be restricted under relevant laws in certain jurisdictions. By your use of this Platform, you confirm certain matters (including that you are not resident in such a jurisdiction), before you may obtain access to the information on this Platform or any area of the Platform.
16. Automated Processing of Personal DataSurplusFX may engage in activities which involve automated processing and/or profiling of information You provide us. You hereby consent that, where the circumstances require, SurplusFX can engage in automated processing and/or profiling of your information in respect of the services for which You provided Personal Data.
2. DefinitionsWherever the following words and phrases appear in these Terms and Conditions they will always have the following meanings:1. “Data Subject” means an identifiable person. One who can be identified directly or indirectly by reference to an identification number or to specific information provided by him or her in accordance with the provisions of these Terms and Conditions.2. “Personal Information” means the data relating to a Data Subject which is collected to enable You to use the Platform, and includes Bank Verification Number (BVN) data collected for the purpose of effecting a transaction on the Platform.3. “Platform” means this electronic Portal or SurplusFX App, powered by Linearsend.4. “Terms and Conditions” mean the terms and conditions contained within this electronic document You are reading now.5. “You” means the person using this Platform in accordance with these Terms and Conditions and ‘your’ shall be construed accordingly.
3. EligibilityTo use this Platform, You must:1. Be 18 years of age or above. In the event that You are below 18 years of age, You are visiting the Platform at your own risk and warrant that You have been advised accordingly and are acting with the direction of your parents or guardian;2. Have a valid email address and contact telephone number;3. Be a resident in a jurisdiction where this Platform or any part therein is not restricted;4. In the case of a corporate entity, be a company registered under the laws of the jurisdiction where the Platform is being used.You hereby confirm that in consideration of SurplusFX providing You access to the Platform, You have read, understood, and agreed to be bound by these Terms and Conditions each time You access this Platform.
4. Registrations and ConfirmationBy registering on this Platform, You warrant that all information provided is true, complete, and accurate. SurplusFX takes all information at face value and shall not be responsible for any inaccurate, untrue, or false information.
5. Application for and Use of the Platform1. If your registration application is accepted, You agree to receive marketing and promotional materials via an email broadcast unless You have selected not to receive these materials; and consent that your registration details will be utilised by SurplusFX in relation to the activities enumerated in this Platform.2. Your consent to receive electronic notifications will remain in effect until You revoke it via the unsubscribe option on the Platform. Please note that it may take some time for us to update our records to ensure your new choices are respected.3. You must ensure that You update your details (including any change in your email address) on the Platform immediately whenever any such change occurs.
SurplusFX’s Obligations
SurplusFX keeps your Personal Information through Linearsend using the following applicable criteria:• Duration of your use of the Platform and types of services provided;• Reasonable retention of records after you stop using the Platform to demonstrate legal compliance;• Applicable time limits for claims;• Legal, regulatory, and best practice obligations;• Terms of contracts or consents provided;• Relevant proceedings;• Legitimate business interests.For access, correction, deletion, or other queries regarding your Personal Information, contact Linearsend in accordance with the Linearsend Privacy Policy.
6. Access to and Control over InformationIn respect of your Personal Information, You may contact Linearsend to:• See what Personal Information we have about You, if any.• Change/correct any Personal Information we have about You after providing the required documentation and if it is within your purview to change/correct.• Have us delete any Personal Information we have about You, if allowable and subject to applicable laws.• Request for contact details of the data protection officer, where applicable.• Request the purpose of processing as well as the legal basis for processing.
7. User ResponsibilitiesYou confirm that You have read these Terms and Conditions and the Privacy Notice and agree to be bound by them every time You access this Platform.You shall not, and shall not attempt to:• Decompile, reverse-engineer, translate, convert, adapt, alter, modify, enhance, add to, delete, or tamper with any part of this Platform or services in relation thereto.• Copy, reproduce, republish, frame, upload to a third party, transmit or distribute the whole or any part of this Platform.• Send or transmit material containing software viruses or files designed to disrupt the Platform.• Conduct any systematic or automated data collection activities (scraping, data mining, data extraction, data harvesting) without SurplusFX’s express written consent.
8. LiabilitiesSURPLUSFX SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR AS A RESULT OF YOUR USE OF THE PLATFORM UNLESS SUCH A LOSS OR DAMAGE RESULTS DIRECTLY FROM THE FRAUD OR WILFUL DEFAULT OF SURPLUSFX.
IN THE EVENT THAT YOU DO NOT COMPLY WITH ANY PROVISION OF THESE TERMS AND CONDITIONS AND SUCH NON-COMPLIANCE RESULTS IN ANY LOSS OR DAMAGE TO SURPLUSFX, YOU AGREE AND UNDERTAKE TO COMPENSATE SURPLUSFX FOR SUCH LOSS AND/OR DAMAGE.
ANY LIMITATION OR EXCLUSION OF LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL ONLY BE VALID TO THE FULL EXTENT PERMITTED BY LAW.
9. Security and ConfidentialityYou understand and agree that You are responsible for maintaining the confidentiality of your User ID and password at all times.
10. Changes and Operation of the PlatformSurplusFX reserves the right to make changes to any part of the Platform, suspend or terminate the operation of the Platform at any time for support, maintenance, or improvements.
By using this Platform, You agree to periodically visit the Platform to determine the then-current terms of use to which You are bound.
11. SeverabilityIf one or part of these Terms and Conditions proves to be legally unsound or unenforceable in any way, this will not affect the validity of the remaining terms in any way.
If we relax any of these Terms and Conditions once, this may be on a temporary basis or as a special case; it will not affect our right to enforce that term strictly again at any time.
12. IndemnityYOU AGREE TO INDEMNIFY AND HOLD HARMLESS SURPLUSFX AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, DAMAGES, AND/OR PENALTIES ARISING OUT OF ANY FAILURE BY YOU OR ANY AGENT ACTING ON YOUR BEHALF TO FULLY OBSERVE THESE TERMS AND CONDITIONS OR BY REASON OF ANY USE BY YOU OR SUCH AGENT OF ANY INFORMATION OR IMAGES PROVIDED ON THIS PLATFORM.
13. Intellectual Property RightsThe composition contained in this Platform ("SurplusFX Content"), including text, data, audio, video, programming, software, source code, graphics, photographs, databases, illustrations, artwork, names, logos, designs, button icons, scripts, trademarks, service marks, domain names, service names and other information regarding SurplusFX, whether registered or unregistered, are either owned by and are the intellectual property of SurplusFX or licensed to SurplusFX, and are subject to copyright and other intellectual property rights under the Laws of Canada and applicable international conventions.
Unauthorized use/exploitation of SurplusFX Content may violate copyright, trademark, and other applicable intellectual property laws in force in Canada and/or outside Canada and could result in criminal or civil penalties.
All trademarks, service marks, logos, and any other marks whatsoever are used for the benefit of their respective owners and are not intended to infringe the trademark of any such person.
14. Third-Party AdvertisingSurplusFX may allow third parties to place advertisements on the Platform. Third-party advertisements are clearly labeled as such and may be chargeable. SurplusFX does not endorse and is not responsible for the content of any third-party advertisement on this Platform or otherwise.
15. Restrictions of Access to this PlatformAccess to this Platform or any part of it may be restricted under relevant laws in certain jurisdictions. By your use of this Platform, you confirm certain matters (including that you are not resident in such a jurisdiction), before you may obtain access to the information on this Platform or any area of the Platform.
16. Automated Processing of Personal DataSurplusFX may engage in activities which involve automated processing and/or profiling of information You provide us. You hereby consent that, where the circumstances require, SurplusFX can engage in automated processing and/or profiling of your information in respect of the services for which You provided Personal Data.