Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and Curacel System Limited, (‘the Company’ or ‘Curacel’ or ‘Our’ or ‘Us’). It governs your access to and the use of Curacel’s website, API, Platform and all other services (the “Service”) offered by Curacel.
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.
In these Terms and Conditions, “Account” refers to a User’s unique profile consisting of the User’s personalised information on Curacel’s Platform.
“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 Curacel’s website, Portal, Dashboard and other related opportunities for you to access the Service.
“Services” refers to all products and services provided to you by Curacel and as described in clause 3 of this Agreement.
“Site” refers to the website for the services rendered by Curacel which can be found at https://curacel.co/
“User” refers to persons, customers and visitors who access the Service.
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 Curacel that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through Curacel API 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.
The Company reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the App. 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 App 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.
The Company 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. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.
3.1 Curacel is an insurance intermediary technology company which carries on the business of providing AI-Driven claim processing, fraud detection and embedded insurance for African insurers.
3.2 Curacel provides Insurance infrastructure for emerging markets through its API that enables companies to distribute insurance products and process claims 10x faster.
3.3 Curacel provides SaaS for health and Auto insurance for claims collection and management.
3.4 Curacel provides automated fraud detection and claims adjudication services for health, auto insurance and insurance software companies.
3.5 To access the Service, a User is required to sign up on the Site and create an Account by providing the User’s name, email, password, valid means of identification, incorporation documents (where applicable) and all other documents requested upon sign up (“Credentials”).
3.6 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.
3.7 Curacel may make the access to the Platform and Curacel’s services, or certain areas or features of the Platform, subject to certain conditions or requirements, such as, meeting specific quality or eligibility criteria.
3.8 Curacel 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.
4.1 The Company provides Users with information about insurance products (“Policy”) distributed by the Company in partnership with licenced insurance companies (the “Insurer”).
4.2 In order to use the Services you must be a natural person, and at least eighteen (18) years of age, or have express parental consent for the use of the Platform and the Services.
4.3 Your purchase of a Policy through the Service is subject to the completion of an application and the acceptance thereof by the Insurer.
4.4 As a User of the Services, you acknowledge and accept that you may be subject to additional terms and conditions imposed by the Insurer, which may be applicable to the specific Policy purchased by you.
4.5 You acknowledge that the Company does not provide advisory services, reviews or recommendations in relation to the Policies you purchase through the Services.
4.6 In carrying out the Services, you allow the Company to request any and all information relevant to the Policy applied for through the Services and share the information you provide to the Insurers for the purposes of providing the Services.
4.7 We are not obliged to use any particular insurer and are not authorized to make binding commitments on behalf of any User, except in situations where we make such authorisation expressly known to you. We are not responsible for any insurer’s solvency, the payment of claims, or any other financial obligations. We cannot guarantee coverage may be placed despite our efforts to do so.
4.8 You hereby grant Us access to the relevant data required for us to create a risk profile for the purpose of providing effective Services.
4.9 In carrying out the Services, the Company may be required to establish and verify your identity, or the identity of the beneficial owner of the Services pursuant to applicable laws, regulations, notices and guidelines. The Company may therefore require you to provide your identification documents or collect your personal information for this purpose.
4.10 You hereby acknowledge that the Company may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the user to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party service providers or Insurers, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines.
4.11 The Company may terminate, suspend, or change its offering of the Services, distribution of the Policies, or the Insurers at its discretion. In the event of any changes or termination, the Company will notify you via the Platform, by electronic mail to your email address according to the Company’s records, or by any other means in accordance to these Terms of Service.
4.12 The Company reserves the right to refuse the provision of the Services to any person who fails to or refuses to comply with any request for identification for the use of the Services.
Representations and warranties are statements and promises made by you to Curacel, 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 a natural person who can validly enter into this agreement.
5.2 you are over the age of 18 years;
5.3 you are of sound mind and have the capacity to enter into a legally binding contract;
5.4 all personal information that you provide about yourself is accurate and true to the best of your knowledge;
5.5 you shall not create more than one account or create an account for anyone other than yourself; and
5.6 you are not breaching any Applicable Laws or regulations that are applicable to you or any company, or legal entity.
6.1 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 Curacel. Our trademarks may not be used in connection with any product or service without our prior written consent.
6.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Curacel’s website, Collective Content or Platform, 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 Curacel or its licensors, except for the licenses and rights expressly granted in these Terms.
6.3 Subject to your compliance with these Terms, Curacel grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access its Platform.
6.4 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.
7.1 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 Curacel 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).
7.2 Users shall not utilise the Platform or the Services for any illegal purpose.
7.3 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 Platform, you will not and will not assist or enable others to:
a.breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
b. use the Platform 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 Curacel;
d. use the Platform in connection with the distribution of unsolicited commercial messages ("spam");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;
e. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Curacel Platform, Curacel’s name, any trademark, logo or other proprietary information belonging to Curacel, or the layout and design of any page or form contained in the Platform, without Curacel’s express written consent;
f. dilute, tarnish or otherwise harm Curacel’s brand in any way, including through unauthorized use of Collective Content, registering and/or using Curacel’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 Curacels’s domains, trademarks, taglines, promotional campaigns or Collective Content;
g. 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;
h. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Curacel or any of Curacel’s providers or any other third party to protect the Platform;
i. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
j. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
k. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
7.4 You acknowledge that Curacel 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 Curacel in good faith, and to provide Curacel with such information and take such actions as may be reasonably requested by Curacel with respect to any investigation undertaken by Curacel or a representative of Curacel regarding the use or abuse of the Platform.
8.1 The Platform may contain links to third-party web sites or services that are not owned or controlled by Curacel.
8.2 Curacel 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 Curacel 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.
9.1 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.
9.2 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.
You agree to indemnify and hold harmless Curacel, 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:
10.1 your fraudulent or illegal use of the Services or the Platform;You have the right to be notified if we are transferring your personal information.
10.2 your negligence or any default by you of any of these Terms;
10.3 any inaccurate or incomplete information that you have knowingly provided to us;
10.4 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;
10.5 any service that you have offered, whether with or without our permission, to another third party using the Company’s Services or Platform;
10.6 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.
In no event shall Curacel, 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:
11.1 your use of the Site or the Services or your inability to use the Site or the Services;
11.2 any conduct or content of any third party on the Platform;
11.3 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;
11.4any legal proceedings between the you and any third parties.
12.1 Your use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” 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.
12.2 Curacel, 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.
13.1 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.
13.2 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 of Service constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
14.1 Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between Curacel 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.
14.2 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.
14.3 Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
Curacel 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Curacel’s Platform or Services. You may submit Feedback by emailing us at [firstname.lastname@example.org]. 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.
We will retain your information for as long as needed to provide you with our services, comply with our legal and statutory obligations or verify your information with a financial institution. We are statutory obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and credit card processors.
If you have any questions about these Terms, please contact us at [email@example.com]
This document was last updated in December 2022.