ETAP’s Terms of Service
ETAP’s Terms of Service
Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and ETAP Digital Limited, (‘the Company’ or ‘ETAP’ or ‘Our’ or ‘Us’). It governs your access to and the use of ETAP’s website, application and all other services (the “Service”) offered by ETAP.
Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.
Your access to use the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and all applicable laws and all conditions or policies referenced here.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Definitions
In these Terms and Conditions,
“Account” refers to a User’s unique profile consisting of the User’s personalised information on the ETAP App.
“Applicable Laws” refers to all applicable regulations, laws, codes, guidelines, policies, rules, and directives of any competent regulatory authority in the Federal Republic of Nigeria.
“Platform” refers collectively to ETAP’s website, application and other related opportunities for you to access the Service.
“Premium” refers to the total payment for access to the automobile insurance provided via the ETAP App.
“Safe Driving Points” refers to reward for driving without any violations within a stipulated period.
“Services” refers to all products and services provided to you by ETAP and as described in clause 3 of this Agreement.
“Site” refers to the website for the services rendered by ETAP which can be found at [insert link to website if available]
“User” refers to persons, customers and visitors who access the Service.
2. Acceptance of Terms
In these Terms and Conditions,
“Account” refers to a User’s unique profile consisting of the User’s personalised information on the ETAP App.
“Applicable Laws” refers to all applicable regulations, laws, codes, guidelines, policies, rules, and directives of any competent regulatory authority in the Federal Republic of Nigeria.
“Platform” refers collectively to ETAP’s website, application and other related opportunities for you to access the Service.
“Premium” refers to the total payment for access to the automobile insurance provided via the ETAP App.
“Safe Driving Points” refers to reward for driving without any violations within a stipulated period.
“Services” refers to all products and services provided to you by ETAP and as described in clause 3 of this Agreement.
“Site” refers to the website for the services rendered by ETAP which can be found at [insert link to website if available]
“User” refers to persons, customers and visitors who access the Service.
3. Scope of ETAP’s Services
3.1. ETAP is an Automobile Insurance Platform that makes it easy to buy and claim insurance with a flexible payment structure
3.2. ETAP provides risk profile-based insurance cover by using data science, geolocation and mobile device camera to enable instant claims and prevent fraud.
3.3. ETAP employs gamification to reward drivers with Safe Driving Point
3.4. The Service is provided in collaboration with Licensed Insurance Organisations and other third-party companies
3.5. To access the Service, a User is required to sign up on the App and create an Account by providing the User’s name, email, password and driver’s licence.
3.6. A User will be required to provide information on the vehicle to be registered for insurance under our Services
3.7. A User is granted access to use the Platform and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to the User’s account information
3.8. ETAP may make the access to the Platform and ETAP’s services, or certain areas or features of the Platform, subject to certain conditions or requirements, such as, meeting specific quality or eligibility criteria.
3.9. You must be at least 18 years old and able to enter into legally binding contracts to access and use ETAP’s 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
3.10. Persons under 18 years old who intend to access the Service may do so under the supervision of an eligible guardian
3.11. ETAP does not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and as permitted by Applicable Laws, we may, but have no obligation to 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 Users
4. Insurance Coverage
4.1. You hereby grant Us access to the relevant data required for us to create a risk profile for the purpose of providing effective Services
5. Users’ Representations & Warranties
Representations and warranties are statements and promises made by you to ETAP, 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;
5.1. You are over the age of 18 years;
5.2. You are of sound mind and have the capacity to enter into a legally binding contract;
5.3. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
5.4. you shall not create more than one account or create an account for anyone other than yourself; and
5.5. you are not breaching any Applicable Laws or regulations that are applicable to you or any company, or legal entity.
6. Payment
6.1. The Service shall be provided via a felexible, affordable and automated Weekly or Monthly payment arrangement for which you shall be required to pay the stipulated Premium.
6.2. ETAP shall notify you of the applicable Premium price for the Service and reserves the right to adjust its pricing where necessary
6.3. You shall be required to provide some information for our payment service provider. Payments to ETAP shall be made through any of the stipulated payment gateways provided on the Platform.
6.4. You warrant that you shall provide complete and accurate payment information.
6.5. 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
6.6. If you disagree with any payment transaction, you can submit such complaint to claims@etapinsure.com within thirty [30] days of the payment transaction (“Dispute Period”).
7. Intellectual Property
7.1. The Service and all rights in the product name, Company name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of ETAP. Our trademarks may not be used in connection with any product or service without our prior written consent.
7.2. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit ETAP’s website 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 ETAP or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3. Subject to your compliance with these Terms, ETAP 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 App and accessible to you, solely for your personal and non-commercial use.
7.4. 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
8. Prohibited Activities
8.1. You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You acknowledge and agree that we may terminate any ETAP transaction initiated 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).
8.2. Users shall not utilise the App or the Services for any illegal purpose.
8.3. 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 App, 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 App or Collective Content 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 ETAP;
copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the App in any way that is inconsistent with ETAP’s 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 ETAP 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 ETAP Platform, ETAP’s name, any trademark, logo or other proprietary information belonging to ETAP, or the layout and design of any page or form contained on a page in the Platform, without ETAP’s express written consent;
dilute, tarnish or otherwise harm ETAP’s brand in any way, including through unauthorized use of Collective Content, registering and/or using ETAP’s or 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 ETAP’s 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 ETAP or any of ETAP’s 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 the Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.4. ou acknowledge that ETAP 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 Users’ 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 ETAP in good faith, and to provide ETAP with such information and take such actions as may be reasonably requested by ETAP with respect to any investigation undertaken by ETAP or a representative of ETAP regarding the use or abuse of the Platform.
8.5. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to ETAP by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
9. Links to Other Web Sites
9.1. The Platform may contain links to third-party web sites or services that are not owned or controlled by ETAP.
9.2. ETAP 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 ETAP 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 web sites or services that you visit.
10. Termination
10.1. 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 the Terms.
10.2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your transaction, you may simply discontinue using the Service.
11. Indemnity
You agree to indemnify and hold harmless ETAP, 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:
11.1. your fraudulent or illegal use of the Services or the Platform;
11.2. your negligence or any default by you of any of these Terms;
11.3. any inaccurate or incomplete information that you have knowingly provided to us;
11.4. your 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;
11.5. any service that you have offered, whether with or without our permission, to another third party using the Company’s Services or Platform;
11.6. any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site.
12. Limitation of Liability
In no event shall ETAP, 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:
12.1. your use of the Site or the Services or your inability to use the Site or the Services;
12.2. any conduct or content of any third party on the Platform;
12.3. any unauthorized 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;
12.4. any legal proceedings between the you and any third parties
13. Disclaimer
13.1. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service 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.
13.2. ETAP, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
14. Governing Law
14.1. 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
14.2. 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 & Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
15. Dispute Resolution
15.1. Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between ETAP and any third parties 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.
15.2. 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
15.2. Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties
16. Force Majeure
ETAP 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, pandemic 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.
17. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to ETAP’s Platform or Services. You may submit Feedback by emailing us at people@etapinsure.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting 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
18. Changes to Terms & Conditions
ETAP reserves the right, in its sole discretion, to change the Terms of Service. ETAP encourages you to periodically review the Terms to stay informed of our updates.
19. Contact Us
If you have any questions about these Terms, please contact us at people@etapinsure.com
This document was last updated in September 2021.