Terms and Conditions

These Terms of Service (website)/Terms and Conditions (‘Terms”) govern access to and use of ReTRAC website, products and services (“Products”). Please read these Terms carefully and contact us here if there are questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

Our Services

ReTrac is a platform that performs three key functions:

• •It is a portal where you can report any items/gadgets (with a trackable Unique Identification Details) that may have been stolen or lost.
• •Confirm if a pre-owned item that is to be sold or purchased had been reported stolen or lost.
• •Report lost or stolen items/gadgets found.

The purpose of this platform is to discourage the buying and selling of stolen items/gadgets/devices (hereafter referred to as Items) such as phones, tablets, cameras, computers, cars, etc., and aid recovery of such items. It is important to note that this service does not negate an official report made to the police of any stolen item(s); rather, it supplements their efforts. By using the ReTrac app/platform or signing up for any of our services, you are entering into a contract with us on these terms and conditions.

Information About Us and How to Contact Us

Who we are: ReTrac is a portal of Cappa Technology Ltd aimed at facilitating the recovery of stolen/lost items in Nigeria. Cappa Technology Ltd operates this portal/app and will be providing ReTrac’s services to you. Cappa Technology Ltd is a Limited liability Company established in the Federal Republic of Nigeria with RC number: IT/No 7068601 and its registered office at Plot 2251, Tanganyika Street, Maitama, Abuja. “We”, “us” and “our” therefore refers to Cappa Technology Ltd.

How to contact us: We can be contacted by sending an email to cappatechng@gmail.com. This contact email address can be used in relation to reporting any issues users may have in the course of engaging our services.

How we may contact you: If we have to contact you, we will do so by writing to the email address you have saved on your ReTrac account. Please ensure that this is the correct email address. We reserve the right to determine the form & means of delivering notifications by paper mail or electronically. Our users however can select their preferences in the settings.

Using Gadget Report

Who can use ReTrac: You may enjoy the services of ReTrac only if you have the legal capacity to enter a binding contract with ReTrac and further only if you are in compliance with the terms stipulated and all applicable laws in the governing jurisdiction. When a potential user creates a ReTrac account, you must provide us with accurate and complete information. Using ReTrac may include downloading software to your computer, phone, tablet or other devices. You agree that we may automatically update that software and these Terms will apply to any updates.

Our license to you: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use our portal/services.

ReTrac Services

Once we accept your registration for the ReTrac service, an account with your personal details would be created. We agree to provide the following services to you free under these terms and conditions.

We permit the registration of information about your personal items that has been stolen in our database. Note that only items with Unique Identification Details such as IMEI, Series number, markers etc. will be allowed to be registered, as this aids easy identification. Registration of multiple devices on your account is permissible.

In addition to personal registration, registering a third party is allowed, however this should be indicated with full details of the item’s owner. You can add, remove, edit or view that information at any time.

When a user registers an item that has been reported stolen on the platform, such item would be flagged with all information concerning it sent to ReTrac management team for verification.

It is only after verification has been carried out by the ReTrac management team and deemed authentic that the contents of the verified information would be disseminated to the concerned parties.

We will make information available to law enforcement agencies like the Nigeria Police Force. All parties involved would be directed to the NPF to facilitate retrieval. Note that ReTrac is solely responsible (as far as possible) for the tracking and transmission of the item’s information to the necessary parties via email supplied at the point of registration. The retrieval of the item is however the responsibility of the concerned parties.

Furthermore, it is important to note that the use of our services does not grant you recovery rights to your registered device. If the property is recovered by the Nigeria Police or a similar security organization while using our services, the return of that property to you by that organization will be subject to their own policies and procedures.

Security

ReTrac does not promise that the website/app or any content, service, or feature of the website/app will be error free or uninterrupted or that the use of the ReTrac service would provide specific results.

The security of our users is our topmost priority. ReTrac shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that submission of such information is at your sole risk.

While we work to protect the security of your content and account, ReTrac cannot guarantee that its services will be free from unauthorized third-party access, loss, corruption, viruses, interference or other security intrusion and you hereby release ReTrac from any liability relating thereto.

We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

Availability of ReTrac Services

Whilst we try to make sure that the ReTrac services are available for use as much as possible, we cannot guarantee its constant availability. You will appreciate that we need to take the ReTrac website/app down from time to time for maintenance. We will try to do this at times when we are expecting low usage, but cannot guarantee that this will always be the case.

No software provider can fully guarantee that its website and/or content is completely virus and bug free, but you should be aware that we are committed to trying to make the ReTrac service as virus and bug free as we can and use suitable virus checking software in relation to its services and content. You should, however, still use appropriate virus checking software on the devices you use to access the ReTrac portal/app.

Termination

ReTrac may terminate and suspend your right to access or use ReTrac for any reason with appropriate notice. If we decide to terminate your access to the services of ReTrac, we will notify the user 30 days prior to the termination.

We may terminate or suspend your access immediately and without notice because of your misuse of ReTrac services. This includes use of our services in a way which is not permitted by these terms and conditions or where there is fraud or reasonable grounds to suspect fraud; or

If we wish to change the terms on which we provide ReTrac services and you do not agree to those changes.

Limitation of Liability

With no liability, damages, loss, indemnity or any payment of fine whatsoever against ReTrac, we provide you the services listed above (See clause 4)

Neither ReTrac, Cappa Technolgy Ltd nor their respective trustees, officers, employees, agents, subsidiaries or affiliated companies will be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages or loss of any kind arising from your use of the ReTrac service or from content, information or materials included or otherwise made available to you through the ReTrac services or by the acts, conduct or representations of any member, staff, partner, associates or employees of ReTrac.

ReTrac shall use reasonable efforts to protect personal information submitted by you in connection with the ReTrac service and shall use such information in accordance with its Privacy Policy.

You acknowledge and agree that your submission of any information is at your sole risk and to the maximum amount permitted by law, ReTrac hereby disclaims any and all liability to you for any loss or liability relating/connected/pertaining to such information or its use in anyway.

Disclaimer

ReTrac’s role in the finding and retrieval of items that are flagged as stolen is merely intermediary. We only serve our users by providing them with verified information on the status of items/gadgets that is within our knowledge.

The information on the status of flagged items obtained from the ReTrac’s platform is not a substitute for police reporting and investigations. It is therefore important to note that:

The collection of pawned items flagged by ReTrac as being stolen would be in the jurisdiction of the Nigeria Police Force and users are not indemnified from any action they may wish to take in order to retrieve an item.

A user who willingly returns items flagged to have been reported stolen by another will be exempted from any police prosecution if there exists no element of criminality.

When a lost or stolen item has been found, the owner should update the status as FOUND.

ReTrac will not be liable for any interaction between users of its portal, including the handing over of lost, stolen and found items.

ReTrac is not under obligation to recognize or honour everyone that returns a found item.

Dispute Resolution

For the purpose of dispute resolution, the first recourse would be to file a formal complaint to us directly. If we are unable to resolve any such dispute informally then the user may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the user shall be free to pursue any right or remedy available to them under applicable law.

By agreeing to these terms, you also agree that mediation would take place in the Federal Capital Territory of Abuja and waive your rights to have mediation carried out anywhere else.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Copyright, Trade Marks and Other Intellectual Property Rights

You acknowledge and agree that all copyright, trademarks, patents and all other intellectual property rights which include and are not necessarily limited to the logo, name, reporting and tracking features of the ReTrac app/website are owned by us.

You may take copies of the verified gadget information like the user bio data, address, important dates and more provided as part of the ReTrac service solely for your own personal use. You may not use it on a commercial basis. You may not sell it, redistribute it, or adapt it.

General Terms

We will revise these Terms from time to time and the most current version will always be posted on the ReTrac website/app. If a revision in our discretion is material, we will notify you. By continuing to access or use ReTrac website/app after revisions become effective, you agree to be bound by the new Terms. If there are reservations or concerns about our new terms, you may contact us with your complaints.

Severability: These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with ReTrac shall constitute the entire agreement between you and ReTrac concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the maximum extent necessary and the remaining provisions of these Terms will remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such a term or any other term and ReTrac’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.