I.IT IS IMPORTANT TO READ THIS CAREFULLY AS THIS CONSTITUTES A BINDING AGREEMENTBETWEEN THE HOTEL AND THE WEBSITE USER.
ThisAgreement governs your use of this Internet site located at http://1st40hotel.com (collectively,the "Site") and is by and between First Forty Hotel, (otherwisecalled "we", "us", or "our") and you, on behalfof yourself and the buyer, member or supplier for which you have registered("you"). By using, viewing, transmitting, caching, storing and/orotherwise utilizing the Site, the services or functions offered in or by theSite and/or the contents of the Site in any way, you have agreed to each andall of the terms and conditions set forth below, and waive any right to claimambiguity or error in this Agreement. If you do not agree to each andall of these terms and conditions please do not use the Site and leave the Siteimmediately. We reserve the right, at our sole and absolutediscretion, to change, modify, add, or remove portions of these terms at anytime without notice and, unless otherwise indicated, such changes will becomeeffective immediately; therefore, please check these terms periodically forchanges. Your continued use of the Site following the posting of changes to thisAgreement will mean you accept those changes.
II.CAPACITY
This site can only be used by person who can enter in bindingcontracts in law. This includes but is not limited to Minors. If you do notqualify, you may not use the Site. By using this site, you warrant that you areeighteen (18) years of age or older and with full capacity to conduct financialtransactions on this Site.
You also warrant that you are legally authorized to make thetravel reservations and/or purchases for either yourself or for another personfor whom you are authorized to act. You may only use this Site to makelegitimate reservations or purchases and shall not use this Site for any otherpurposes, including without limitation, to make any speculative, false orfraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify reservations where itappears that a customer has engaged in fraudulent or inappropriate activity orunder other circumstances where it appears that the reservations contain orresulted from a mistake or error, or from an attempt to circumvent our hotelpolicies, terms or conditions.
You understand that we will not collude with you on anyfraudulent transaction and will report all seemingly fraudulent transactions tothe appropriate authorities.
You are advised to contact the Hotel directly for large groupreservations.
III.RESTRICTIONS ON USE OF INTELLECTUAL PROPERTY
All materials contained in the Site are the copyrighted propertyof First Forty Hotel or its subsidiaries or affiliated companies and/or thirdparty licensors. No material from the Site or any Internet site owned,operated, licensed, or controlled by us or our affiliates may be copied,“scraped,” reproduced, republished, uploaded, posted, transmitted, ordistributed in any way. For purposes of these terms, the use of any suchmaterial on any other Web, Internet, intranet, extranet or other site orcomputer environment is prohibited. All trademarks, service marks, trade namesand trade dress are proprietary to us. You may not frame or utilize framingtechniques to enclose any of our trademarks, logos, or other proprietaryinformation (including images, text, page layout, or form) without our priorexpress written consent. You may not use any meta tags or any other"hidden text" utilizing our name, trademarks or other proprietaryinformation without our prior express written consent.
IV.SUBMISSIONS
We welcome your comments regarding the Site and the products andservices offered in connection therewith. Kindly note that you may NOT submitproposals using our Contact Form on the site. Unfortunately, such will bedisregarded and we will not be held liable to information contained therein. Wehope you will understand that it is the intent of this policy to avoid thepossibility of future misunderstandings when projects developed by ourprofessional staff and/or consultants might seem to others to be similar totheir own creative work. Please do not send us any unsolicited originalcreative materials of any kind.
V.CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you areprovided for your convenience. By providing these links, we are not endorsing,sponsoring or recommending such sites or the materials disseminated by orservices provided by them, and are not responsible for the materials, servicesor other situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and usingthe Site. You should be aware that when you are using the Site, you could bedirected to other sites that are beyond our control. There are links to othersites from the Site pages that take you outside of the Site. For example, ifyou "click" on a banner advertisement or a search result, the"click" may take you off the Site. This includes links fromadvertisers, sponsors, and content partners that may use our logo(s) as part ofa co-branding agreement. These other sites may send their own cookies to users,collect data, solicit personal information, or contain information that you mayfind inappropriate or offensive. In addition, advertisers on the Site may sendcookies to users that we do not control.
We reserve the right to disable links from any third party sitesto the Site.
We make no representations concerning the content of siteslisted in any of the Site's directories. Consequently, we cannot be heldresponsible for the accuracy, relevancy, copyright compliance, legality ordecency of material contained in sites listed in any search results or otherwiselinked to a Site.
Please keep in mind that whenever you give out informationonline, that information can be collected and used by people you don't know. Wecannot guarantee the security of any information you disclose online; you makesuch disclosures at your own risk.
VI.DISCLAIMERS
Electronic transmissions, including the internet, are publicmedia, and any use of such media is public and not private. Information relatedto or arising from such use is public, or the property of those collecting information,and not personal or private information.
You agree that you use the site at your own risk. The content,services and materials in the site are provided "as is" and on an"as available" basis without representations or warranties of anykind either express, implied or statutory.
We do not make any representations, warranties or endorsementsregarding the accuracy, reliability, usefulness or completeness of theservices, content or materials in the site or any site linked to it. To themaximum extent permissible pursuant to applicable law, we disclaim allwarranties, express or implied, including, but not limited to, impliedwarranties of merchantability, fitness for a particular purpose, title,non-infringement, design, accuracy, capability, sufficiency, suitability,capacity, completeness, availability, compatibility or arising from course ofdealing or course of performance.
We do not warrant that the site or the services, content,materials or functions contained in the site will be continuously available,uninterrupted or error-free, that defects will be corrected, or that the site,services, content, materials or the servers that make the site or suchservices, content and materials available are free of viruses or other harmfulcomponents or are accurate or complete.
We do not warrant or make any representations regarding the useor the results of the use of the services, content, materials, functions orproducts available through the site in terms of their correctness, accuracy,reliability, or otherwise. You assume the entire cost of all necessaryservicing, repair, or correction. Applicable law may not allow the exclusion ofimplied warranties, so the above exclusion may not apply to you.
In the event we are held liable for any damages related to suchmatters, your sole and exclusive remedy will be limited to reimbursement forservices or products paid by you to the entity held liable which were notprovided by such entity. You hereby waive any and all rights to bring any claimor action related to such matters in any forum beyond one (1) year after thefirst occurrence of the kind of act, event, condition or omission upon whichthe claim or action is based.
We explicitly disclaim any responsibility for the accuracy,content, or availability of information found on sites that link to or from theSite. We cannot ensure that you will be satisfied with any products or servicesthat you purchase from the Site or from a third-party site that links to orfrom the Site or third party content on the Site. We do not endorse any of themerchandise, nor have we taken any steps to confirm the accuracy or reliabilityof, any of the information contained in such third-party sites or content. Wedo not make any representations or warranties as to the security of anyinformation (including, without limitation, credit card and other personalinformation) you might be requested to give any third party, and you herebyirrevocably waive any claim against the Indemnified Parties with respect tosuch sites and third party content. We strongly encourage you to make whateverinvestigation you feel necessary or appropriate before proceeding with anyonline or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone,electric, electronic, network, Internet, computer, hardware or software programmalfunctions, failures, delays or difficulties, or late, lost, stolen,illegible, incomplete, garbled, misdirected, mutilated or postage due mail,e-mail, form postings, connections, messages or entries, or the security of anyand all such matters.
Further, the Indemnified Parties are not responsible forincorrect or inaccurate entry information, whether caused by Internet users orby any of the equipment or programming associated with or utilized in the Siteor by any technical or human error which may occur in the processing of anyinformation related to the Site.
We may prohibit you from participating in or utilizing the Siteif in our sole and absolute discretion you show a disregard for this Agreementor act in an unsportsmanlike manner, with the intent to annoy, abuse, threaten,or harass any other person, or in any other disruptive manner. We also reservethe right to refuse service, terminate accounts, remove or edit content orcancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable ofrunning as planned, including infection by computer virus, bugs, tampering,unauthorized intervention, fraud, technical failures, or any other causesbeyond the reasonable control of First Forty Hotel which corrupt or affect theadministration, security, fairness, integrity, or proper conduct of the Site,we reserve the right (but not the obligation) in our sole and absolutediscretion, to prohibit you and any member, buyer or supplier (and all of yourand their Information) from using the Site, and to cancel, terminate, modify orsuspend the Site or any portion thereof and void such Information.
You also agree that the Indemnified Parties are not responsibleor liable in any way for injury, loss or damage to your computer orinterception or use of credit card information, related to or resulting fromuse of the Site or any sites, services or materials linked or related theretoor therefrom and also are not responsible or liable in any way for any injury,loss, claim or damage relating to or resulting from any part of the Siteoperating or not operating on computers or networks used by you orcommunicating with such computers or networks.
To the extent we list or link to third party products orservices, our site acts as the venue for suppliers to sell products andservices (or, as appropriate, solicit offers to buy) and buyers to purchasesuch products and services. We are not involved in the actual transactionbetween buyers and suppliers. As a result, we have no control over the quality,safety or legality of the items advertised, the truth or accuracy of thelistings, the ability of suppliers to sell items or the ability of buyers tobuy items. We cannot ensure that a buyer or supplier will actually complete atransaction.
We do not control the information provided by other usersthat is made available through the Site. You may find other user's informationto be offensive, harmful, inaccurate, or deceptive. Please use caution andcommon sense when using the Site. Please note that there are also risks ofdealing with foreign nationals, underage persons or people acting under falsepretense.
Although we intend that product descriptions contained in theSite be current and accurate, we make no warranty or representation thatdescriptions of products in the Site are accurate, complete, current, orreliable in any or all respects. In the event that a product described in theSite is not as described, your sole remedy is to return it in unused conditionin accordance with the suppliers' return policy.
VII: LEGAL
CYBERCRIMES (PROHIBITION, PREVENTION,ETC) ACT, 2015 NOTICE
We make no guaranty of confidentiality or privacy of anycommunication or information transmitted on the site or any web site linked tothe site. We will cooperate with law enforcement officials in any investigationregarding cybercrime (and any other crime) by providing all necessaryinformation regarding a user within the ambits of the law.
NIGERIAN TOURISM DEVELOPMENTCORPORATION NOTICE
We will volunteer information requested by the Nigerian TourismDevelopment Corporation Inspectors within the ambits of the law.
ECONOMICAND FINANCIAL CRIMES COMMISSION/NIGERIAN POLICE FORCE NOTICE
Hoteliers are required to furnish information onrequest from the above named law enforcement. This information will range frombasic guest details to any other information deemed necessary by theorganisation.
The Hotel will cooperate with Law enforcement in allregards without jeopardizing the safety of its guests to the best of itsability. Should anything go wrong however, the hotel will not bear anyresponsibility while keeping to its legal obligations.
VIII.INDEMNIFICATION
You are entirely responsible for maintaining the confidentialityof your password and account and for all activities that occur under youraccount. You hereby indemnify, defend and hold us and our hotels and each ofour and their owners, partners, subsidiaries, affiliates, franchisees and eachof such person's or entities' officers, directors, agents, contractors,subcontractors, guests, residents, visitors, licensees, invitees, and employees(collectively, the "Indemnified Parties") harmless from and againstany and all allegations, demands, claims, liabilities, damages, fines,penalties or costs of whatsoever nature (including reasonable attorneys' fees)and whether by reason of death of or injury to any person or loss of or damageto any property or otherwise ("Claims") arising out of or in any wayconnected with this Agreement, the services or products provided to you by theSite or any related act or failure to act by you and whether or not occasionedor contributed to by the negligence of First Forty Hotel or any agent oremployee of the Indemnified Parties or any of them (except as and to the extentprohibited by applicable law) or Claims arising from your account, including,without limitation, any Claims related to infringement by you of theintellectual property rights of any person, including without limitation,copyright, patent, trade secret, trade mark, artist rights, droit moral,privacy, publicity or rights under other intellectual property laws. In theevent that any Claim is made or any action or proceeding is brought against theIndemnified Parties, or any of them, arising out of or connected with thisAgreement, any such Indemnified Party may, by reasonable notice to you, requireyou, at your expense, to resist such Claim or take over the defense of any suchaction or proceeding and employ counsel for such purpose, such counsel to besubject to the prior written approval of such Indemnified Party, which approvalshall be deemed to have been given hereby in the case of counsel acting foryour insurance underwriters engaged in such resistance or defense. You shallcooperate with us in the defense of any Claim. We reserve the right, at our ownexpense, to assume the exclusive defense and control of any matter otherwisesubject to indemnification by you.
IX.LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to,negligence, shall we be liable for any lost profits, cost of cover, direct,indirect, incidental, special, reliance, consequential or punitive damages thatresult from the use of, or the inability to use, the site or the services orfunctions of the site or arising out of your access to, or inability to access,the site or your reliance upon, the site or the services, content or materialsin, or functions of, the site, provision of, or failure to provide services, orinformation, or any damages whatsoever resulting from loss of use, data, orprofits, whether or not we have been advised of the possibility of suchdamages, and on any theory of liability (including negligence). In addition, wehave no duty to update the site or the contents thereof. Applicable law may notallow the limitation or exclusion of liability or incidental or consequentialdamages, so the above limitation or exclusion may not apply to you. in no eventshall our total liability to you for all damages, losses, and causes of action(whether in contract, tort (including, but not limited to, negligence, orotherwise) exceed the amount paid by you, if any, for accessing the site. ifyou are dissatisfied with the site or any of the products, services, members,suppliers and/or buyer offered in connection therewith or associated therewith,as the case may be, your sole and exclusive remedy shall be to discontinue useof the site and terminate this agreement in accordance with the terms hereof.
X.RELEASE
By utilizing the site, all users acknowledge and agree that theindemnified parties are released, discharged and held harmless from and are notresponsible or liable for any liability with respect to all aspects of the site(including without limitation, any illness, losses, litigation, personalinjury, death, property damage, and claims based on publicity rights,defamation, or invasion of privacy, reasonable attorneys' fees and court costs)that may occur from use of the site or the acceptance, possession, use ormisuse of information, materials, services or products related thereto oracquired therefrom. We reserve the right at any time and without liability torestrict or refuse access to the site and its services, content, materials andfunctions to anybody. We further reserve the right to seek any form of relief,including without limitation attorneys' fees, related to fraudulent or illegalactivity connected with the use of the site.
XI.JURISDICTION
The products and/or services described in and available through the Site arelimited to Nigeria only.
XII.ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual processto monitor or copy the Site or the contents or information (including theInformation) contained therein without our prior express written consent.
XIII. NO AGENCY.
You and the Hotel are independent contractors, and no agency, partnership,joint venture, employee-employer or franchiser-franchisee relationship isintended or created by this Agreement.
XIV.TERMINATION
These terms are effective until terminated by either party. You may terminatethese terms at any time by discontinuing use of the Site and destroying allmaterials obtained from any and all such sites and all related documentationand all copies and installations thereof, whether made under the terms of thisAgreement or otherwise. Your access to the Site may be terminated immediatelywithout notice from us if in our sole and absolute discretion you fail tocomply with any term or provision of this Agreement. Upon termination, you mustcease use of the Site and destroy all materials obtained from such site and allcopies thereof, whether made under the terms of this Agreement or otherwise.Notwithstanding the termination of this Agreement, we reserve the right toretain your information as submitted on the site.
XV.GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinancesand regulations regarding your use of the Site and your solicitation of offersto purchase and/or sell products and/or services. This Agreement shall begoverned by and construed in accordance with the laws of the Federation ofNigeria.
XVI.DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, powerand authority to agree to the terms of this Agreement on behalf of yourself andthe member, buyer or supplier participating in the Site. You further agree thatyour use constitutes an electronic signature as defined by the Evidence Act.