Please read these terms and conditions carefully before signing up to the Maxella Application
1.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user”) and [Suretree a company registered under the laws of Nigeria and having its registered address at 256 Murtala Mohammed Way, Yaba,, Lagos] (“Suretree”, “we,” “us” or “our”), concerning your access to and use of the ‘MAXELLA APP’ and all associated tools as well as any other media form, media channel, or related, linked, or otherwise connected thereto (collectively, the “App”).
1.2. This document (referred to as our ‘Terms & Conditions’ or ‘T&Cs’) gives you information about the terms upon which we agree to provide, permit and allow you access and use of the App. All your dealings on the App shall be in strict compliance with the policies, regulations, codes of conduct and ethics as applicable. You are advised to familiarize yourself with these policies, regulations, codes of conduct and ethics.
1.3. By accessing and using any of the features, functionalities, options and products (“Services”) you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "your" will refer to that entity as well as yourself.
1.4. We reserve the right to revise these Terms and Conditions at any time, and/or issue supplemental terms and conditions at its sole discretion by posting an updated version to the App and notifying users via all channels on the App. These supplemental terms and conditions are incorporated by reference to these Terms and Conditions of use. You agree that it becomes an obligation that you visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and by continuous use of this App, you agree to be bound by such terms and conditions.
3.1. You expressly agree that your use of, or inability to use App is at your sole risk. The Services on the App are provided on an ‘as is’ and ‘as-available’ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent permitted by law.
3.2. Suretree its Directors, Officers, Employees, Affiliates, Agents or Contractors, disclaims all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3.3. Suretree makes no warranties or representations about the accuracy or completeness of the App’s content or the content of any websites linked to this App and we assume no liability or responsibility for any;
3.4. In no event will Suretree, its affiliates, directors, employees, or agents be liable to users or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages. By this present, Users agree that any statutory or common law rights which make any exceptions to any laws on limitation of liability or exclusion terms are excluded from and are inapplicable to this agreement.
3.5. You agree to defend, indemnify, and hold Suretree harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
3.6. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
4.1. These T&Cs shall remain in full force and effect while you use the App. Without limiting any other provision of these T&Cs, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these T&Cs or of any applicable law or regulation. We may terminate your use or participation in the App at any time, without warning, in our sole discretion.
4.2. You reserve the right to stop or discontinue using the App and any services available thereon, at any time by signing out or ceasing to use the App.
5.1. Unless otherwise indicated, the App is our proprietary property and all source codes, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Suretree or licensed to it, and are protected by copyright and trademark laws and various other intellectual property rights in Nigeria, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these T&Cs, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.2. Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
6.1. By using the App, you represent and warrant that:
6.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
7.1. You may be required to register with us. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8.1. Upon registration on the App, the User will be granted access to the App. You will then be able to use the App subject to these Terms and Conditions, the End-User Privacy Policy, End-User Agreement and any other terms and conditions you have agreed to. Please ensure you have full knowledge of these terms and conditions.
You agree that you will NOT use the App to:
9.1. Nothing in this Agreement shall oblige you to disclose any information to Suretree if it is of the view that to do so would be a breach of the Data Protection Regulations.
9.2. In fulfillment of its obligations above, Suretree will have in place and will maintain at all times the Data Protection Regulations which will deal comprehensively with:
10.1. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a visitor or User of our App.
10.2. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Suretree’s failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
Nothing in these terms shall be construed to convey to you any interest, title, or license in any password, email address, domain name, or similar resource used by you in connection with the App, its systems or Software. End-User shall maintain their ownership of their account passwords, credentials or secret keys.
12.1. You understand that by using the App, you consent and agree to the collection and use of certain information about you and your use of the App in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your Account, and any devices or computers registered thereunder, for purposes of providing the Systems, and any features therein, to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our App or other services. For more information please read the relevant Privacy Policies available here
13.1. We reserve the right to modify and make changes to these terms at any time and your continued use of this application will signify your acceptance of any adjustment to these terms. If a revision is material, we shall provide notice in a reasonable time, prior to any new terms taking effect, by delivering the revisions to the email you have provided. You are therefore advised to read this Agreement on a regular basis.
14.1. You shall not assign or transfer this Agreement, without our prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. We may assign or transfer this Agreement in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
15.1. You hereby agree to defend, indemnify, and hold harmless Suretree, its Affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.
16.1. This Agreement constitutes the entire and exclusive understanding and agreement between Suretree and you regarding the utilization of this App.
16.2. This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Suretree and you regarding the Services and the Products.
16.3. If there are any questions regarding the Maxella App or this Agreement please contact us at: support@nairacompare.ng
17.1. You may post reviews, comments and other content (“User Content”) to the App, so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
17.2. Users shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other User Content. Material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct constituting a criminal offence, gives rise to civil liability or otherwise violates any law will not be posted on or transmitted via the App.
Suretree endeavours to ensure the uninterrupted use, access, and availability of the App and its Services on a 24-hour basis. However, instances may occur where it is necessary to update/maintain this service/data held on the App during and for which
19.1. These terms shall be interpreted and construed according to and governed exclusively by and construed in accordance with the laws of the Federal Republic of Nigeria
19.2. Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the Lagos Court of Arbitration Mediation Rules (“LCA Mediation Rules”)
19.3. If such dispute has not been settled within sixty (60) days after a Request for Mediation has been submitted under the LCA Mediation Rules, such dispute shall be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Lagos Court of Arbitration Rules (“LCA Arbitration Rules''). The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the LCA Rules. The place of arbitration shall be Lagos, Nigeria. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the LCA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings, and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Parties agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding.