NestTree Terms & Conditions

MOBILE APP AND WEBSITE TERMS AND CONDITIONS OF USE  

Last updated – January 2020  

AGREEMENT TO TERMS  

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TC (2017) Limited and/or Nest Tree Finance (“we,” “us” or “our”),  concerning your access to and use of the Site, if any, as well as any other media form, media channel,  mobile website, website or mobile application related, linked, or otherwise connected thereto (collectively,  the “Site”).  

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these  Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.  

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.  

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.  

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.  

ACCESS TO THIS SITE  

We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of this Site.  

TERM AND TERMINATION  

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY  OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE  DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE  (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR  NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,  WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW  OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE  YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,  WITHOUT WARNING, IN OUR SOLE DISCRETION.  

If we terminate or suspend your account for any reason, you are prohibited from registering and creating  a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.  

USE OF THIS SITE  

You agree and acknowledge that you have the sole responsibility and liability for your use of this site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power,  telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Site.  

PROHIBITED ACTIVITIES  

You may not access or use the Site for any purpose other than that for which we make the Site available.  The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

As a user of the Site, you agree not to:  

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly,  a collection, compilation, database, or directory without written permission from us. 

2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.  

3. use a buying agent or purchasing agent to make purchases on the Site.  

4. use the Site to advertise or offer to sell goods and services.  

5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.  

6. engage in unauthorized framing of or linking to the Site.  

7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account  information such as user passwords;  

8. make improper use of our support services or submit false reports of abuse or misconduct. 

9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.  

11. attempt to impersonate another user or person or use the username of another user. 

12. sell or otherwise transfer your profile.  

13. use any information obtained from the Site in order to harass, abuse, or harm another person. 

14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.  

15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.  

16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.  

17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.  

18. delete the copyright or other proprietary rights notice from any Content.  

19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.  

20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,  including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs,  disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the  Site.  

21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).  

22. except as may be the result of standard search engine or Internet browser usage, use, launch,  develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.  

23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.  

24. use the Site in a manner inconsistent with any applicable laws or regulations.

INTELLECTUAL PROPERTY RIGHTS  

The following marks appearing on this Site, including, but not limited to: TC (2017) Limited, Nest Tree  Finance and the respective logos, emblems, slogans and designs are trademarks and/or service marks of us.  

All other marks used on this Site are the property of their respective owners.  

Web Page Content: You acknowledge and agree that:

  • all content, Web pages, source code, calculations, products, materials, data, information, text,  screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the  operation of this site (collectively “Web Page Content”) are protected by various intellectual  property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  • all rights associated with the Web Page Content are owned by us, our licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy,  reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit,  modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page  Content.  

You may not use Web Page Content, domain names (in whole or in part), or Email addresses related to  or derived from this Site, nor any data, trademarks, functionality, service marks, trade names, brand  names and/or logos contained within or derived from this Site, for any purpose; meaning that you may  not, among other prohibited uses, use any Web Page Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Site:

  • in or as any meta-tag or hidden text;
  • in or as part of any contextual marketing directory, index, or triggering term;
  • as content or advertising related to any other site including, but not limited to, comparative/ 
  • informational Sites; and/or
  • as a variable or data element in any algorithm that causes another Internet browser to appear on,  over, or at the same time as the Company’s site or controls the content of any other Internet browser window. 

Submissions: You acknowledge and agree that all submissions to us containing any comments,  improvements, suggestions, and ideas regarding this site will become and remain our exclusive property,  including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge our unrestricted right to use, publish, and commercially exploit,  identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.  

Testimonials: You acknowledge and agree that all testimonials submitted to us will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice,  compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose.  You further agree that we may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictitious name herewith.  

LINKING  

Not Responsible For Links to Other Sites: For your convenience, this site may provide links to other Sites on the World Wide Web. Unless expressly stated otherwise on this Site, we do not endorse, approve,  sponsor or control, and we are not in any way responsible for, any of the content, services, calculations,  information, products or materials available at or through any Sites to which this Site may provide a link.  By using this Site you acknowledge and agree that we will not be responsible or liable to you or any other  person for any damages or claims that might result from your use of such content, services, calculation,  information, products or materials.  

No Advertising / No Links. We do not permit third-party advertising on this Site. Except with the written  permission of us, you agree that you will not create links from any Site or Web page to this Site or any  Web page within this Site.  

MOBILE APPLICATION LICENSE  

Use License  

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.  

You shall not:  

1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the  application;  

2. make any modification, adaptation, improvement, enhancement, translation, or derivative work  from the application;  

3. violate any applicable laws, rules, or regulations in connection with your access or use of the  application;  

4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark)  posted by us or the licensors of the application;  

5. use the application for any revenue generating endeavor, commercial enterprise, or other  purpose for which it is not designed or intended;  

6. make the application available over a network or other environment permitting access or use by  multiple devices or users at the same time;  

7. use the application for creating a product, service, or software that is, directly or indirectly,  competitive with or in any way a substitute for the application;  

8. use the application to send automated queries to any Site or to send any unsolicited commercial  e-mail;  

9. use any proprietary information or any of our interfaces or our other intellectual property in the  design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.  

Apple and Android Devices  

The following terms apply when you use a mobile application obtained from either the Apple Store or  Google Play (each an “App Distributor”) to access the Site:  

1. the license granted to you for our mobile application is limited to a non-transferable license to use  the application on a device that utilizes the Apple iOS or Android operating systems, as  applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s  terms of service;  

2. we are responsible for providing any maintenance and support services with respect to the mobile  application as specified in the terms and conditions of this mobile application license contained in  these Terms of Use or as otherwise required under applicable law, and you acknowledge that  each App Distributor has no obligation whatsoever to furnish any maintenance and support  services with respect to the mobile application;  

3. in the event of any failure of the mobile application to conform to any applicable warranty, you  may notify the applicable App Distributor, and the App Distributor, in accordance with its terms  and policies, may refund the purchase price, if any, paid for the mobile application, and to the  maximum extent permitted by applicable law, the App Distributor will have no other warranty  obligation whatsoever with respect to the mobile application;  

4. you represent and warrant that (i) you are not located in a country that is subject to a U.S.  government embargo, or that has been designated by the U.S. government as a “terrorist  supporting” country and (ii) you are not listed on any U.S. government list of prohibited or  restricted parties;  

5. you must comply with applicable third-party terms of agreement when using the mobile  application, e.g., if you have a VoIP application, then you must not be in violation of their wireless  data service agreement when using the mobile application;  

6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms  and conditions in this mobile application license contained in these Terms of Use, and that each  App Distributor will have the right (and will be deemed to have accepted the right) to enforce the  terms and conditions in this mobile application license contained in these Terms of Use against  you as a third-party beneficiary thereof.  

REVISIONS AND MODIFICATIONS  

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice  to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on  this Site at the time you access this Site. Because these Terms of Use may change, we encourage you to  refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content,  services, products and materials on or available through this Site are subject to updating and revision  without notice to you. You further acknowledge and agree that individual modifications to the Terms of  Use may not be altered by contract, unless expressly permitted in writing by our General Manager.  

LOCATION  

You understand and acknowledge that we control and operate this Site from within Jamaica. This Site  provides information regarding services and products that are made available in Jamaica only. We make  no representation that the services or products about which information may be provided on this Site will  be available (a) anywhere outside of Jamaica or (b) in every parish within Jamaica. You acknowledge and  agree that you are responsible for compliance with all local laws and regulations applicable to your  access to and use of this Site.  

USER IDs AND PASSWORDS  

Certain areas or features of this Site may be restricted to users who have obtained a user identification  and password by completing a registration process described on this Site. Please be sure to protect and  maintain the confidentiality of any user identification, password or other identifying information you may  obtain in connection with your use of this Site. You agree to notify us immediately if you believe your user  identification, password or other identifying information has been lost, stolen or otherwise compromised.  You also acknowledge and agree that you are solely responsible for all damages or claims that may arise  from any access to or use of this Site by any person to whom you have provided your user identification,  password or other identifying information, or by any person who has obtained such information from you,  including, but not limited to, any access to or use of this Site that may occur after you have notified us that  your user identification, password or other identifying information has been lost, stolen or otherwise  compromised.  

PRIVACY AND SECURITY  

We do not share your personal information with outside companies for their promotional use without your  consent. Because of the financial nature of our business, our Sites are not designed to appeal to  children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information  from children.  

Data Collection And Data Sharing: These are the types of data we might collect about you: 

  • Professional or employment data
  • Education data 
  • Inferences drawn from any of the data used to create a customer profile  

We might share your data with third parties for business purposes or for any of these reasons: 

  • Auditing
  • Detecting fraud
  • Providing services
  • Internal research
  • Quality control

With your consent, we might share your personal data with third parties, including our affiliates and  service providers, for these reasons:

  • Business purposes
  • Marketing
  • Analytics
  • Pre-populating your information to make your experience easier 

To opt out of sharing your data, please contact us. 

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Jamaica, then through your continued use of the Site, you are transferring your data to Jamaica, and you expressly consent to have your data transferred to and processed in Jamaica.  

INDEMNIFICATION  

If you make any unauthorized use of this Site or violate the Terms of Use: (a) you may be in violation of  copyright and other laws of Jamaica, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify us and our affiliates, vendors and licensors,  and all of the employees, officers, directors, agents and representatives of the Company and its affiliates,  vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages,  expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site and/or your breach/violation of or failure to comply with the Terms of Use.  

DISCLAIMERS  

THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND  WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT  PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO  REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE  THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE  INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF  DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR  PUBLICATION. WE HAVE NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY  WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE.  

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT, AND SHALL NOT BE, RESPONSIBLE FOR  THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE  OPERATION OF THIS SITE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES  OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO  REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR  ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED,  TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C)  ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT US, WILL  BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT  MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT  BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF  USING OR VISITING THIS SITE.  

LIMITATION OF LIABILITY  

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER  PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL,  INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED  BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE,  DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER  VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE,  THIS SITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN  AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF  ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY  WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT WE SHALL NOT  BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES.  

COMMUNICATIONS WITH COMPANY  

Time Sensitive Instructions: When communicating with us through this Site, PC-talk, chat or via Email, do not use the Site, PC-talk, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates, cancellation of a closing,  rescissions, or the like). Such instructions may not be honored. All transactions conducted on this Site,  PC-talk, chat or via Email, must be confirmed in writing by us to be accepted by and binding upon us.  

Loan Approvals: All loan approvals, qualifications, deposit and refund agreements, and the like, are only made by us in writing. Approvals and qualifications are conditional in accordance with the terms except as be specifically provided for in writing signed by us.  

Credit Reports: By applying for credit, you are authorizing us to obtain a copy of your credit report.  E-Signature: General communications through this Site, PC-talk, chat or via Email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a  “click to accept” button or box is binding upon you.  

Recording & Monitoring of Communications: Your communications with us via the Site, PC-talk, chat  Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.  

CONTACT METHODS  

Agreement to calls and information sharing: If you submit to us through this Site or otherwise you are making an inquiry as to lending programs and services offered by us. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, and telephone number, with our affiliates so that they may respond to your inquiry. You authorize us to share your information, either as provided by you or as corrected by us. You acknowledge that we are not a party to any agreement that you may make with an affiliate, and that the  affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service are determined by the affiliates and that we do not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this Site constitutes an offer for a loan commitment. You agree that we shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services.  

By submitting your contact request for a loan product, you are consenting to be contacted by one or more  Affiliates by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email,  fax, telephone or any means. You understand that the Affiliates and Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from an Affiliate or Partner, you agree to notify the Affiliate or Partner  directly.  

APPLICATION OF ADDITIONAL TERMS  

You acknowledge that certain features of this Site, as well other products and services of us, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.  

AGREEMENT TO PROVIDE ACCURATE INFORMATION  

In making a loan inquiry, application or in entering into any other transaction or request for information on this Site, you agree to provide accurate, true, current, and complete information upon which we may rely.  

YOUR COOPERATION NEEDED  

The Company generally begins processing your application upon the submission of a full and complete application. If you submit an application, you agree to cooperate in the application process (including submitting all required documentation in a timely manner) and if needed, to obtain information we may need from third parties such as your bank, employer, etc. In addition, you agree to notify us of any changes in any information submitted in connection with your application.  

REASONABLE EFFORTS  

While we will use all of our reasonable efforts to have your application fully processed and closed on or before any anticipated closing date, some processes are not under our control. For instance, we cannot be responsible for delays in loan approval or closing due to: the untimely receipt of required documentation; and any other matters beyond our reasonable control.  

GOVERNING LAW AND DISPUTE RESOLUTION  

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of  Jamaica. To expedite resolution and control the cost of any dispute, controversy, or claim related to these  

Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a  “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ten (10) days before initiating arbitration.  Such informal negotiations commence upon written notice from one Party to the other Party.  

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those  Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU  UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN  COURT.  

The arbitration shall be commenced and conducted under the rules of the Arbitration Act of Jamaica. The parties agree to submit to the decision of a single arbitrator to be agreed between the parties within five  (5) days of notice by either party to the other of its intent to refer to the dispute to arbitration. The arbitration proceedings, unless the Parties otherwise agree, shall be conducted in Jamaica in the English language and the determination or award of said arbitrator shall be final, binding and conclusive upon the  Parties.  

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; and (b) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.  

SEVERABILITY  

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these  Terms of Use and shall not affect the validity and enforceability of such other provisions.  

CONTACT US  

In order to resolve a complaint regarding the Site or to receive further information regarding use of the  Site, please contact us at: 

Nest Tree Finance  

Unit 23 Winchester Business Center, 15 Hope Road, Kingston 10, St. Andrew, Jamaica. 

(876) 754-3301 / (876) 754-3310  

(876) 906-4171  

clunisn@nesttreefinance.com