- Terms of Service
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Terms of Service
Please read these Terms of Service (āTermsā), which set forth the legally binding terms and conditions between you and Getreasure (āthe Companyā or āGettreasureā or āweā, āourā or āusā). It governs your access to and the use of Gettreasureās website, mobile application and the services provided by Gettreasure
Our collection and use of your personal information in connection with your use of our services is described in our Privacy Policy.
Your access to use our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, agents, and any other person who access or use our services.
Our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation.
By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our services.
1. Definitions
In these Terms | |
"Account" | means a unique personified account registered in the name of the User and which contains details of the Userās transactions/operations on the Platform (as defined below). |
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"Agent" | means an agent engaged by Gettreasure for sales and products distribution. |
"Applicable Laws" | means all applicable regulations, laws, codes, guidelines, policies, rules, and directives of any competent regulatory authority in the Federal Republic of Nigeria. |
"Mobile Application" | means any mobile application developed by Gettreasure. |
"Premium" | means the total payment for access to the insurance policy provided via the Gettreasure App |
"Platform" | means, collectively Gettreasureās website, mobile application and other related applications provided by Gettreasure. |
"Service(s)" | means all products and services provided to you by Gettreasure and as described in clause 3 of these Terms. |
"User" | means persons, customers and visitors who access the Service. |
2. Acceptance of Terms
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the Platform that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Platform may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Getreasure reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Platform. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Gettreasure reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Gettreasure may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
3. Scope of Gettreasureās Services
- Gettreasure is a technology company that builds infrastructure to help our partners distribute insurance and other financial service products.
- Our Services can be accessed through our web and mobile applications.
- Our Services are provided in collaboration with a Licensed Insurance Brokerage Company known as Cosmic Insurance Brokers Limited RBC - 016.
- To access our Services, a User is required to sign up on the Platform and create an account (Gettreasure Account) by providing the Userās name, email and password.
- A User is granted access to use the Platform and has a responsibility to ensure that no third party shall gain access to the Userās account information.
- Gettreasure may make the access to the Platform and the Services, or certain areas or features of the Platform, subject to certain conditions or requirements, such as, meeting specific eligibility criteria.
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Services. By accessing or using the Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
- Gettreasure does not assume any responsibility for the confirmation of any Userās identity or ownership of any vehicle. Notwithstanding the above, for transparency and as permitted by Applicable Laws, we may ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of the Users and their ownership of their properties.
- You agree to strictly observe the security and authentication procedures of the Platform and you will log out from the Platform at the end of every visit.
- When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Platform and the Service.
4. Insurance Coverage
- Our Services can be accessed through our web and mobile applications.
- Before making payment for any insurance coverage, you will be given a quote which will be valid for a limited period as shown on the Platform. You should only authorize a payment if you accept the quote, the terms and the insurance contract.
- The insurance contract covers any terms and conditions between you and the insurance underwriter (whereas these Terms are between you and Gettreasure)
- Upon purchasing an insurance coverage, you hereby consent to our use of geo-location and device camera to enable instant insurance claims and to prevent fraud.
- You hereby grant us access to the relevant data required for us to create a risk profile for you whilst providing you with our Services.
5. Usersā Representations & Warranties
Representations and warranties are statements and promises made by you to Gettreasure, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
- you are over the age of 18 years;
- you are of sound mind and have the capacity to enter into a legally binding contract;
- ll personal information that you provide about yourself is accurate and true to the best of your knowledge
- all information that you provide about your company is accurate and true;
- all information that you provide about your properties is accurate and true
- you shall not create more than one account or create an account for anyone other than yourself (with the exception of accounts created for corporate organisations); and
- you are not breaching any Applicable Laws or regulations that are applicable to you or any company, or legal entity.
6. Payment
- The Service shall be provided via a flexible, affordable and automated weekly or monthly payment arrangement for which you shall be required to pay the stipulated Premium based on your subscription.
- Gettreasure shall notify you of the applicable Premium price for the Service and reserves the right to adjust its pricing where necessary.
- You shall be required to provide some information for our payment service provider. Payments to Gettreasure shall be made through any of the stipulated payment gateways provided on the Platform.
- You warrant that you shall provide complete and accurate payment information.
- By providing your credit card other payment information accepted by our payment service provider, you are expressly agreeing that we are authorized to charge the relevant fees for your use of the Service, together with any applicable taxes.
- Gettreasure reserves the right to adjust its pricing where necessary.
- Payments to Gettreasure shall be made through a bank transfer or any of the payment gateways provided on the Platform.
- If you disagree with any payment transaction, you can submit such complaint to hello@gettreasure.com within thirty (30) days of the payment transaction (āDispute Periodā).
7. Agents
You acknowledge that Gettreasure may use Agents within its network to provide its Services to you and you hereby authorise Gettreasure to refer its Agents to you for the provision of its Services to you.
8. Claims and Incident Reporting
Claims should be reported via Gettreasureās dashboard as soon as possible to enable us process the compensation due to you. You will be required to provide us with the appropriate information about the incident to help us resolve any claim as soon as possible.
9. Insurer Solvency
While the solvency of any insurer is guaranteed by the National Insurance Commission (NAICOM), we do not guarantee the solvency of any insurer that partners with us. An insolvent insurer may be unable to pay a proportion or all of any claim made. If an insurer becomes insolvent, we will let you know as soon as we can. In the event an insurer becomes insolvent, we would seek the Governmentās directive on how to proceed and inform you of the decision to be taken.
10. Intellectual Property
- The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Gettreasure. Our trademarks may not be used in connection with any product or service without our prior written consent.
- Gettreasure may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform ("User Content"); and (ii) access and view User Content and any content that Gettreasure itself makes available on or through the Platform, including proprietary content and any content licensed or authorized for use by or through Gettreasure from a third party ("Gettreasureās Content" and together with User Content, "Collective Content").
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gettreasure or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to your compliance with these Terms, Gettreasure grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
- Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
11. Special Provisions for Mobile Applications
- Gettreasure may make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service.
- Gettreasure does not warrant that the Mobile Application will be compatible with your mobile device. Gettreasure hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
- You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
- You acknowledge that Gettreasure may occasionally issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.
- Standard data charges from your mobile network or internet service provider may apply to your use of the Mobile Application.
- The following additional terms and conditions apply with respect to any Mobile Application that
Gettreasure provides to you designed for use on an Apple iOS-powered mobile device (an āiOS Appā):
- You acknowledge that these Terms are between you and Gettreasure only, and not with Apple, Inc. (āAppleā).
- Your use of Gettreasureās iOS App must comply with Appleās current App Store Terms of Service.
- Gettreasure, and not Apple, is solely responsible for our iOS App and the Services and related content available on our iOS App. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Gettreasure, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) and claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Gettreasure, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- 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 āterrorist supportingā country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- The following additional terms and conditions apply with respect to any Mobile Application that
Gettreasure provides to you designed for use on an Android-powered mobile device (an āAndroid Appā):
- You acknowledge that these Terms are between you and Gettreasureonly, and not with Google, Inc. (āGoogleā).
- Your use of Gettreasureās Android App must comply with Googleās current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Gettreasure, and not Google, are solely responsible for Gettreasureās Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Gettreasureās Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Gettreasureās Android App.
12. Prohibited Activities
- You shall not use the Platform for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Violation of our rules may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any Gettreasure Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
- Users shall not utilize the Platform or the Services for any illegal purpose.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax
obligations that may apply to your use of the Services. In connection with your use of the Platform,
you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the Platform or any content therein for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Gettreasure;
- copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with Gettreasureās Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
- use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer as a trader;
- use the Platform with the intention to circumvent any subscription fees or for any other reason;
- request, accept or make any payment for orders outside of the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Gettreasure harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, Gettreasureās name, any trademark, logo or other proprietary information belonging to Gettreasure, or the layout and design of any page or form contained on a page in the Platform, without Gettreasureās express written consent;
- dilute, tarnish or otherwise harm Gettreasureās brand in any way, including through unauthorized use of Collective Content, registering and/or using derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Gettreasureās domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Gettreasure or any of Gettreasureās providers or any other third party to protect the Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of thePlatform;
- violate or infringe anyone elseās rights or otherwise cause harm to anyone.
- You acknowledge that Gettreasure has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Usersā compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Gettreasure in good faith, and to provide Gettreasurewith such information and take such actions as may be reasonably requested by Gettreasure with respect to any investigation undertaken by Gettreasure or a representative of Gettreasure regarding the use or abuse of the Platform.
13. Links to Other Websites
- The Platform may contain links to third-party websites or services that are not owned or controlled by Gettreasure.
- Gettreasure has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Gettreasure shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
14. Termination
- We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
- Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your account, you may simply send an email to hello@gettreasure.com.
15. Indemnity
You agree to indemnify and hold harmless Gettreasure, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
- your fraudulent or illegal use of the Services or the Platform;
- your negligence or any default by you of any of these Terms;
- any inaccurate or incomplete information that you have knowingly provided to us
- you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
- any claim made against you for actual or alleged infringement of Gettreasureās Intellectual Property or any actual or alleged infringement of a third partyās Intellectual Property arising out of or in connection with our Services or your use of the Platform.
16. Limitation of Liability
In no event shall Gettreasure, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your use of the Platform or the Services or your inability to use the Platform or the Services;
- any conduct or content of any third party on the Platform;
- any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
- any legal proceedings between the you and any third parties.
17. Disclaimer
- Your use of the Service is at your sole risk. The Platform is provided on an āAS ISā and āAS AVAILABLEā basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- Gettreasure, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
- Gettreasure shall never assign or send an agent to you without notifying you via email or telephone. You are to confirm from Gettreasure that any agent that is assigned or sent to you is from Gettreasure.
18. Governing Law
- These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
19. Dispute Resolution
- Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between you and Gettreasure or between Gettreasure and any third party that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
- The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
- Each party shall bear its cost in connection with the Arbitration and the arbitratorās fees shall be split equally between both parties.
20. Force Majeure
Gettreasure shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.
21. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Gettreasureās Platform or Services. You may submit your feedback by emailing us at hello@gettreasure.com. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
22. Changes to Terms & Conditions
Gettreasure reserves the right, in its sole discretion, to change the Terms of Service. Gettreasure encourages you to periodically review the Terms to stay informed of our updates.
23. Contact Us
If you have any questions about these Terms, please contact us at hello@gettreasure.com.
This document was last updated in November 2021.