Terms

Terms and Conditions and Use

Welcome to www.loansnest.com. Prior to using this site or accessing any data on the Loansnest platform, please carefully review the following rules that govern your use of the site. Please also read our Privacy Policy regarding the information that you provide us.

About Us

These Terms and Conditions of Use (“Terms of Use”) apply to loansnest.com and owned, operated, licensed, and controlled by NestVested Limited, as well as to associated Loansnest sites linked to this site and to Loansnest’s mobile device-enabled website content and mobile application (collectively , the “Site”, “we,” “us,” “our.”) and the products and services offered thereunder. The Site is the property of “Nestvest” which consists of Loansnest and their respective subsidiaries, affiliates, agents, successors, and assignees. If you do not agree to the terms without limitation, you should exit this site immediately. By using this website, you are entering into a legal agreement to abide by the terms of use here and you are agreeing that you have read and fully understand these terms.


The Terms of Use and the Privacy Policy referred to apply to your use our Site. Your use of our Site means that you consent to the terms and conditions of our Privacy Policy and you warrant that all of the data you provide to us is accurate, true and complete.


These Terms of Use along with the existing terms and conditions between you and Loansnest constitute the entire agreement between you and Loansnest. If there is any inconsistencies between these Terms of use and any other existing terms and conditions, as it relates to this Site these Terms of Use shall prevail.

Modifying the Terms of Uses

We reserve the right at our sole discretion, to change, modify, add or remove portions of these Terms of Use and our Privacy Policy, at any time. If any changes are made, we will indicate the changes at the top of this page. Such changes will become effectively immediately upon posting on the Site. You understand and agree that your continued use of the service or the Site after we have made any such changes constitutes your acceptance to the new Terms of Use.

Accessing Our Site

We allow you access to our Site on a temporary basis. We reserve the right amend or withdraw the services we provide to you without notice. There is no guarantee that our Site will always be available, or that there will not be interruptions to our Site from time to time. We will not be liable for any reason if our Site becomes unavailable at any time for any period.


So long as you are in compliance with all of our Terms of Use and our Privacy Policy, we grant you permission to use our Site. You are only permitted to use our Site for your personal use. You are not permitted to resell or charge others for use of or access to our Site. You are not permitted to transfer, give access to copy, distribute or duplicate any part of our Site without our prior written consent. We reserve the right to withdraw our permission for you to utilize this Site at any time.


This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, we may terminate your account, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.


Unauthorized use of the Site, including unauthorized access of our systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and us, then we may restrict, suspend, or terminate your access to any portion or all of the Site without notice.

Eligibility

To subscribe to the services we provide through our Site, you must meet our eligibility criteria.


To be eligible as a borrower you must:


  • Be an individual residing in Jamaica;
  • Be at least 18 years old; and
  • Have a current account at a Jamaican banking institution.


If you meet all of the criteria above you will be permitted to set up an account and complete a loan application. As part of our loan consideration process we may:


  • Make credit, identity and fraud checks;
  • Obtain a credit rating for you; and
  • Carry out money laundering checks on you.


All loan applications are considered on a case-by-case basis. We reserve the right to decline a loan application, without explanation, for any reason whatsoever. If we approve your application, you will be required to enter into a loan agreement with us. You will not receive any funds until you enter into a written loan agreement with us. The loan agreement will set out all of our fees and the interest rate that will apply to your loan. Fees and interests rates are calculated on an individual basis and will vary from user to user.

Use of our Site

By using our Site, you agree to keep our business information and trade secrets including, but not limited to, terms and pricing that are not publicly disclosed, and any user account information confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process.


All text, graphics, photographs, trademarks, logos, sounds, artwork, user interfaces, and computer code (collectively “Content”), including but not limited to the structure, coordination, appearance, selection, design and arrangement of the Content, contained on the Site is owned by us and is protected by copyright, trademark, trade dress, and other property laws and unfair competition laws. We will do whatever is lawful to enforce and protect the Content should you misuse the Content.


You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. Any attempt to enter information to create a duplicate account will be rejected and your account will be put on hold.

Your account with us

When you subscribe to our Site, you will create a username and password. You should not disclose this information to any third parties. When someone signs into your account with the correct username and password we will assume that you are the person giving the instructions. Therefore, you will assume all liability related to those instructions.


However, if we have reason to believe that you are not the person providing us with the instructions, we do not believe the instructions were clear, following your instructions would result in illegal activity or we believe that you are using our Site for illegal activity we may refuse to act on your instructions.


If we believe that you have failed to comply with our Terms of Use we reserve the right to disable your account.


If you believe that someone else has your username and password you must contact us immediately.


Once you have repaid your loan and are no longer using our services you may contact us to terminate your account. Once we receive notice that you wish to terminate your account, we will allow you ten (10) business days to retrieve information from your account. After this period, you will no longer be permitted to access your account.

Intellectual Property Rights

We or our licensees are the owner or the licensee of all intellectual property rights in our Site, and the material published on it. You are not permitted to use any part of the materials on our Site for commercial purposes without obtaining a license to do so from us or our licensors.

Information on our Site

We do not provide any advice. Any information or material posted on our Site is not intended to amount to advice of any kind whatsoever. The information on our Site is provided without warranties, conditions or guarantees as to its accuracy. Therefore, we cannot be held liable for any reliance you place on such materials and information.

Indemnification

To the maximum extent permitted by law, in no event will we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of our relating to the conduct of you or anyone else in connection with the use of the services.


We may use various methods of verifying information that users have provided. However, you agree that we have no liability to you arising from any incorrectly verified information.

Use of your Information

By submitting any information to us including, but not limited to, usernames, PINs, passwords, and any other information or material you submit through the Site, you are licensing that content to us for the purpose of evaluating your loan application, and potentially originating a loan to you, servicing such loan, and providing related services to you. Your information may be used and stored to evaluate your loan rate request, loan application and to provide you with any other ongoing services. We will store and use this information from such connected accounts for a reasonable period of time in connection with your loan application and or loan. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose.


We do not sell your personal information or allow marketers to collect your data.


When you upload information to our Site you warrant that you have complied with our content standards. You will be liable to us and indemnify us for any breach of this warranty. You will be responsible for any damages we suffer as a result of this breach.

Maintenance of Information

We will maintain your information necessary to enable us to provide requested services, and will do so for at least as long as it takes us to provide any such service or as otherwise required by law or by legal mandate. We may keep records of any transactions a client enters into with us for a minimum of six years from the end of our relationship with the client. We may keep other information about you to the extent necessary to comply with applicable laws and for further legitimate business needs.

Offenses to our Site

If you knowingly place any Trojans, worms, logic bombs, viruses, or other material that is malicious or harmful to us or our Site you're right to use our Site will cease immediately.


We will not be held liable for any loss or damage caused by viruses or other harmful material that may affect your computer, data or other equipment due to your use of our Site.

Links to Other Sites

Where our Site contains links to other sites and resources, these links are provided for your information only. We have no control over the content and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable Law

These Terms of Use and any disputes or claims arising out of them shall be governed and construed in accordance with the laws of Jamaica. The Jamaican courts will have non-exclusive jurisdiction over any claim related to our Site.

Contacting Us

If you have any questions about this Agreement, please contact us.

This document was last updated on March 4, 2019