MOBILE APP AND WEBSITE TERMS AND CONDITIONS OF USE
Last updated – January 2020
AGREEMENT TO TERMS
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.
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
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.
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.
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.
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
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;
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;
REVISIONS AND MODIFICATIONS
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:
- 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
- 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.
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.
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
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.
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
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.
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