Last Updated • March 29, 2021
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using this site, you (“User”) agree to comply with and be bound by these Terms.
These Terms set forth the legally binding agreement governing your access to and use of the Provider’s website, including any subdomains thereof, and any other websites through which the Provider makes its services available (collectively, "Site"), our software and applications, and API (collectively, "Application") and all associated services (collectively, "Spleet Services"). The Site, Application and Spleet Services together are hereinafter collectively referred to as the “Spleet Platform”.
When these Terms mention “Provider”, “Spleet” “we,” “us,” or “our,” it refers to the Provider or any of its affiliated companies you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
These Terms also create a legal agreement (“Agreement”) between the Members and other third parties, including the Hosts and the Vendors. These Terms may change from time to time and apply to all Accommodation and services provided by Vendors. The Provider reserves the right to transfer the benefit of this Agreement and our obligations under it at any time, provided that notice of such transfer shall be given to you.
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
means the living space provided by the Host for Listing on the Spleet platform.
means charges (by whatever name called) for gas, water, electricity, permits, licenses, insurance, maintenance, estate dues, waste disposal and security services supplied to and/or used in the Accommodation for the duration of the Members stay in the Accommodation that are additional to the amenities to be provided by the Host covered by the Service Fee pursuant to the Subscription.
means the date on which the Member's stay at the Accommodation is due to commence, in accordance with the Subscription Details.
means the fixed fee, which shall be non-refundable, payable by the Member to the Provider for processing the Subscription made by the Member.
are as defined in Paragraph 4
means the daily Subscription Payment payable by the Member for the occupation and use of the Accommodation excluding the Booking fee, Security Deposit and VAT.
means the security deposit paid by a Member who Booked an Unfurnished Accommodation to cover the cost of eviction and transportation of their property at the end of their Subscription and their failure to renew as provided for in this Agreement. The sum payable shall be 5% of the cost of the RLS.
means a web page or document created by the Hosts via the Spleet Platform, identifying the available fixtures and fittings in the Accommodation, what modifications may be made and appliances can be brought.
means a fully furnished apartment which may comprise of furniture, beddings, curtains, lamps, fittings, gas cooker, microwave oven, fridge/freezer, washing machine, gas cylinders and piping to the kitchen, air conditioners, smart LED television
means the legal owner of the Accommodation who must be at least 18 years of age and able to enter into legally binding contracts in Nigeria or your country of residence.
means the details of the Accommodation (as provided by the Host) that is available for Subscription on the Spleet Platform.
means the fees payable by the Host to the Provider for Listing the Accommodation on the Spleet Platform.
means the person who makes a Subscription and/or on behalf of whom a Subscription was made, on the Spleet Platform.
means Dargos Homes Investment Limited, or any of our affiliated companies, trading under the name and style of “Spleet” or “Spleet Africa”.
means the monthly, quarterly, bi-annually, or yearly Subscription Payment payable by the Member for the occupation and use of the Accommodation, excluding any Service Fee payable, Booking Fee, Security Deposit and VAT.
means the additional amount payable for the Accommodation by the Member to the Provider prior to the Arrival Date on a monthly, quarterly, biannual or annual subscription. For Furnished Accommodations, it is 40% of the monthly RLS, 30% of the quarterly RLS, 20% of the biannual RLS and 15% of the yearly RLS. The Security Deposit covers defaulting rental payment and damage to property and any other sums that may be due to the Provider, Vendor and/or the Host. For Unfurnished Spaces, an additional Eviction Security Deposit is payable
means charges (by whatever name called) for gas, water, electricity, permits, licenses, insurance, maintenance, repairs, estate dues, waste disposal and security services supplied to and/or used in the Accommodation for the duration of the Members stay in the Accommodation.
means the web application, mobile/smart devices applications and physical property
means the services operated by the Provider via the Site.
means the reservation by the Member of the Accommodation and any other products and services detailed in the Subscription which is accepted by the Host.
means the details of the Subscription including, the duration of the Members’ stay at the Accommodation and any other products and/or services to be included in the Subscription.
means the DLS or RLS.
means apartment which are provided vacant, and which Members may bring in their own furniture and fittings subject to the Fittings Framework and these Terms.
means visitors on the Site or users of the Spleet Platform, including Members, Hosts and Vendors.
means third parties other than Hosts who provide Vendor Services to Users.
means any service provided by Vendors, including the provision of cleaning, financial services, maintenance, lending, laundry and/or food subscription services.
References to writing shall include electronic notification via approved channels as provided by the Provider for Users on the Spleet Platform.
2. THE PLATFORM
The Spleet Platform is an online marketplace that allows Hosts to offer Accommodation and Vendors to offer Vendor Services to Members, and to communicate and transact directly with Members that are seeking to book such Accommodation or Vendor Services.
As the operator of the Spleet Platform, unless clearly stated otherwise, the Provider does not own, create, sell, resell, provide, control, offer, deliver, or supply any Listings, Accommodation or Vendor Services, nor is the Provider an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts and Vendors alone are responsible for their Listings and Vendor Services respectively.
When Members make a Subscription or pay for a Vendor Service, they are entering into a contract directly with each Host or Vendor. The Provider is not and does not become a party to, or another participant in any contractual relationship between Members and Hosts and/or Vendors, nor is the Provider a real estate broker or insurer. The Provider is not acting as an agent in any capacity for any user of the Spleet Platform. You may be required to consent to additional terms as a requirement to accessing a Vendor Service.
For Furnished Accommodations, an inventory of the available items at the Accommodation will be taken and signed off between the Member and the Host. For Unfurnished Accommodations, Hosts will be required to provide a Fittings Framework.
The Accommodation shall be used for Residential Purposes only.
Having paid the Subscription Payments, in the amount and manner as provided in the Subscription Details by the Provider and pursuant to these Terms, and keeping the covenants herein contained, you may continue to enjoy the use of the Accommodation.
The Provider may transfer the benefit of this Agreement and our obligations under it at any time. This term reflects the fact that you are taking a service agreement and not a tenancy or lease. The Provider retains overall control of the Accommodation and the Member has no proprietary or equitable interest of any kind in the Accommodation.
The Provider has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Contributions, or (iii) the performance or conduct of any Member, Host, Vendor or third party. The Provider does not endorse any Member, Host or Vendor. Any references to a Member, Host, or Vendor being "verified" (or similar language) only indicate that the relevant party has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by the Provider about any such party, including of the party's identity or background or whether the party is trustworthy, safe or suitable.
You should always exercise due diligence and care when deciding whether to stay in an Accommodation or use Vendor Services, accept a Subscription from a Member, or communicate and interact with other users of the Site, whether online or in person. Verified images are intended only to indicate a photographic representation of a Listing or Vendor Service at the time the photograph was taken, and are therefore not an endorsement by the Provider of any Host or Vendor.
If you choose to use the Spleet Platform as a Host or Vendor, your relationship with the Provider is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of the Provider for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of the Provider. The Provider does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Accommodation or Vendor Services. You acknowledge and agree that you have complete discretion whether to list Accommodation, provide Vendor Services, or otherwise engage in other business or employment activities.
The Spleet Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Provider is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Provider of such Third-Party Services.
The Provider cannot guarantee the continuous and uninterrupted availability and accessibility of the Spleet Platform and may restrict the availability of the Spleet Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Spleet Platform. The Provider may improve, enhance and modify the Spleet Platform and introduce new Spleet Services from time to time.
3. Using the site
By using the Site, Users represent and warrant that:
If Users provide any information that is untrue, inaccurate, not current, or incomplete, the Provider reserves the right to suspend or terminate the User’s account and refuse any and all current or future use of the Site (or any portion thereof).
Users may not access or use the Site for any purpose other than that for which the Provider makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Users agree not to:
4. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
5. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
6. USER REGISTRATION
Users on the Site will be required to make an account prior to Listing or making a Subscription on the Spleet Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
To register on the Spleet Platform, Users may be asked to provide:
The Member won’t see the entire Host’s information, they will only see below after successful payments have been made:
However, Hosts may be granted access to the available information of any Member who makes a Subscription to enable the Host to conduct their own due diligence checks prior to accepting the Subscription. By making a Subscription, the Member consent to the Provider sharing this information with the Host and consents to the Host conducting such due diligence checks.
7. LISTING ON THE PLATFORM
Unless expressly allowed by the Provider, Hosts may not list more than one Accommodation per Listing. To help create comfortable, reliable stays for Members, we ask all Hosts to meet these basic requirements for each Listing:
The Provider reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. The results of a search list on the platform may vary in terms of placement and Listings based on a variety of factors, such as Member search parameters and preferences, price and calendar availability, number and quality of Images, Member service and cancellation history, reviews and ratings.
When creating a Listing through the Spleet Platform, the Host must:
8. MEMBER BOOKINGS
In order to confirm a Subscription, the Member shall be required to pay a Booking Fee to the Provider. In agreeing to make a Subscription, the Member further accepts to make Subscription Payments, the Service Fees, the Security Deposit and all other sums as specified in the Listing.
There are five types of subscription payments: daily, monthly, quarterly, biannually and yearly. Note the available Subscription Payment will differ for each Subscription.
The Daily Subscription requires a minimum Subscription of one (1) day to the maximum number of days as may be required by the Member. The daily subscription is not automatically renewable, and extension of this subscription is dependent on the availability of Accommodation. There is no guarantee that the same Accommodation will be available upon renewal.
The Monthly Subscription requires a minimum Subscription of thirty (30) days and shall automatically renew for a further thirty (30) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
The quarterly subscription requires a minimum Subscription of ninety (90) days and shall automatically renew for a further ninety (90) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
The biannually subscription requires a minimum Subscription of one hundred and eighty (180) days and shall automatically renew for a further one hundred and eighty (180) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
The yearly subscription requires a minimum Subscription of three hundred and sixty-five (365) days, automatically renewable for a further three hundred and sixty-five (365) days unless otherwise terminated agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
The Security Deposit shall be refundable, less deductions for repairs in respect of any damage to the Accommodation or the items set out in the inventory agreed with the Member to these Terms within thirty (30) business days. Where the Member does terminate their Subscription within fourteen (14) days and in a manner not in accordance with the provisions contained herein in, the Member's Security Deposit shall be forfeited.
For Unfurnished Accommodations, the minimum Subscription is a Quarterly Subscription, and the Member will be required provide a guarantor who will provide information as required by the Provider and will guarantee all sums owed by the Member to the Provider, the Host and/or Vendors, as well as other indemnities and guarantees as required by us. The Host may enter Unfurnished Accommodation once 72 hours’ notice has been given to the Provider, who will notify the Member.
Where the Member wants an additional term or to renew their Subscription, they shall notify the Provider in writing, at least on the eve of expiry for a daily Subscription, or not less than seven days’ notice for a monthly subscription. Where the Member wishes to subscribe for Accommodation otherwise than as already subscribed by them and/or on terms otherwise as provided herein, the Provider shall in their absolute discretion accept the Subscription on such other terms and conditions as they determine.
The Member shall notify the Provider no later than fourteen (14) days of the expiration of their Subscription of their decision. The Provider retains the right to accept or reject this Subscription.
When you accept or have pre-approved a Subscription request by a Member, you are entering into a legally binding agreement with the Member. Host hereby accept that they will be required to refund any Subscription Payment made by the Member including processing fees to the Member in the event of a breach of these Terms and the terms of the Subscription. Host cancellation penalties may apply.
As part of the agreement between the Member and the Host, the Host warrants that it shall provide to the Member the following minimum amenities with every Accommodation which is to be covered by the Service Fee:
Hosts shall obtain relevant and appropriate insurance for their Accommodation and shall review any respective insurance policy carefully, and in particular, the policy should be examined to understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Members while staying at the Accommodation.
If you’re a Host and you have any type of security camera or other recording device in or around a Listing, even if it’s not turned on or hooked up, you must indicate its presence in your house rules. Hosts must disclose if an active recording is taking place. If a Host discloses the device after Subscription, the Provider will allow the Member to cancel the reservation and receive a refund at the expense of the Host. Host cancellation penalties may apply.
Any mechanism that can be used to capture or transmit audio, video, or still images is considered a surveillance device. This includes, but is not limited to, things like Wi-Fi cameras (for example, Nest Cam or Dropcam), nanny cameras, web cameras in computer monitors, baby monitors, mounted or installed surveillance systems, decibel and device monitors, and smartphones with video and/or audio recording capabilities.
Upon accepting a Subscription, the Host represents and warrants that any Listing posted on the Spleet Platform and the Subscription of, or a Member's stay at, an Accommodation will not breach any agreements the Host has entered into with any third parties, and shall comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of the Member and any individuals the Member invites to the Accommodation.
10. PAYMENT TERMS
When payments are made in advance, payment is paid into an escrow account until 24hrs before check in. At this point it is paid to Host.
11. USE OF ACCOMMODATION
The Accommodation shall be used for Residential Purposes only. The Member agrees to keep the Accommodation clean and sanitary and maintain its condition, except for reasonable wear and tear. There shall be no smoking in the Accommodation. For the avoidance of any doubt smoking is not allowed in the Accommodation by the Member, their family or visitors.
No pets to be kept inside the Accommodation unless specifically allowed by the Host. The maximum number of people in full time occupation of the Accommodation shall not exceed four (4) in a 4-bedroom apartment. The maximum number of people in a room in the Accommodation shall not exceed one (1) person.
Members are allowed to receive visitors; however, no visitor shall be allowed to remain in the Accommodation for more than five (5) nights, without the prior written consent of the Provider or Host as the case may be. For the avoidance of doubt, a breach of this particular term shall entitle the provider to terminate the Subscription in accordance with the provision of these Terms.
Members are required to conduct themselves in a reasonable and responsible manner in the Accommodation and must not act in any way which may disturb other residents. Failure to adhere to this requirement, after notice to adhere has been given by the Provider on two occasions, may result in the Members being asked to leave the Accommodation in which event any Additional Charges which may have accrued during the stay of the Member in the Accommodation shall become immediately payable by the Member. The Member will not carry out any lewd or immoral acts in any public space surrounding the Accommodation.
The Member will not sublet, charge, or part with the possession of the Accommodation or any part thereof. The Member will pay all Additional Charges as and when they become due. Any Additional Charges not paid before the termination/expiration of the Subscription, shall be deducted from the Security Deposit. Any sum still due to be paid shall be payable on demand to the Provider and any excess amount from Security Deposit owed to the Member per the terms stated herein shall be paid to the Member within seven (7) working days.
The Member will yield up the Accommodation, upon the termination/expiration or other determination of their Subscription or this Agreement, substantially in the same state and condition as at the beginning of the Subscription. The Member will not store or allow being stored on the Accommodation any flammable substances and explosives except for liquefied petroleum gas for cooking purposes. Such gas must be stored in the designated place provided outside the kitchen and safely piped into the apartment. Gas cylinders must not be placed inside the kitchen of the apartment.
The Member will not affect structural repairs, permanent alteration, changes, addition and extension to the Accommodation without the prior written consent of the Provider or Host as the case may be. The Member will be responsible for any loss or damage caused in the Accommodation by the Member or visitor of the Member. The Member will be liable for the Provider’s reasonable cost of repairing, cleaning or replacing any property of the Provider and/or the Hosts which is damaged, soiled or lost by a Member or their visitor. The Member will replace the fixtures, fittings, glass or articles or any part thereof as contained in inventory signed by the Member upon entry into the Accommodation, which may be destroyed or damaged and incapable of being restored to the condition it was in at the commencement of this Agreement, with articles of at least equal value or if the Provider or its authorized agents so require, pay the Provider or its agents the current value of any of the items.
For Furnished Accommodations, non-payment of the Subscription Payments as and when due shall result in the depletion of a Member’s security deposit on a DLS basis, which is cumulative of seven (7) days across the duration of the Member’s stay. Where a Member has booked an Unfurnished Accommodation, they shall have a grace period of 14 days grace period to renew their Subscription. For each day of the grace period, 5% of the Security Deposit shall be charged.
Failure of the Member to pay Subscription Payments shall entitle the Provider to reserve the right to withhold services or, for avoidance of doubt, revoke the Member’s access to the Accommodation while there are any outstanding fees, penalties and interest or if the Member is in breach of these terms and conditions. Locks can only be changed with the agreement of both the Provider and the Host. They shall be provided and maintained by the Provider.
12. CANCELLATION POLICY
The Member is required to cancel the Subscription on their dashboard for the cancellation to be effective. Failure to cancel a Subscription within 48 hours after payment operates as a total waiver of the right to a full refund. Cancellation of a Subscription due to withdrawal of a Listing by the Host entitles the Member to a full refund of all sums paid by the Member at the Host’s expense and liability.
There is no partial or full refund in any circumstances when the Subscription is active, which is 48 hours after the payment has been confirmed. However, when a daily Subscription is made, the Member may cancel within 48 hours for a full refund, excluding the Booking Fee and VAT. If the Member cancels their daily Subscription 48 hours after the Subscription has been created, the DLS may be partially refunded based on sole discretion of the Provider.
For all other Subscriptions, once they are active, the Subscription cannot be cancelled and Service Fee, all sums are non-refundable except the Security Deposit, which can be refunded after a two weeks cancellation notice. Such Subscriptions shall start running 24 hours after the initial subscription payment is made.
If any sum owed under this Agreement is not paid or if a Member breaches any of the Terms stated herein, or where the Provider, in its sole discretion believes or has any reason to believe that the Member will be a menace, damage property, constitute a nuisance, act recklessly or in such a manner that is improper or considered unacceptable by the Provider (hereinafter referred to as "Breach of Terms"), the Provider may give the Member a notice of the Breach of Terms orally or in writing. Where the Member fails to cure same after two (2) working days from the date of delivery of the notice, the Provider shall deliver a five (5) day notice to terminate the Subscription and re-enter the Accommodation. You hereby expressly agree that it shall be lawful for the Provider at any time thereafter to re-enter the Accommodation or any part thereof without recourse to a court of law. Upon the Provider’s re-entry into the Accommodation, the Subscription will be forthwith terminated.
In the case of Breach of Terms, the Provider has the right to shut down power, water and change the locks to the Accommodation. In cases where the Member is in a shared space, an email will be sent to co-Members in the Accommodation advising them of the breach and telling them to deny access to the breached Member.
NO HOST MAY CANCEL THEIR LISTING DURING THE AVAILABILITY PERIOD THEY HAVE PROVIDED. A Host who defaults by withdrawing a Listing is committing a Breach of the Terms and may be suspended from the Spleet platform.
13. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Terms, rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Provider without restriction. A Member shall not grant occupancy of a property subscribed for under the Spleet platform to any person without the express consent of the Host and/or Provider as the case may be.
LIABILITY AS TO REPRESENTATIONS AND THE FITNESS FOR PURPOSE OF ACCOMMODATION SUBSCRIBED FOR ON THE SPLEET PLATFORM BY A MEMBER SHALL BE BORNE BY THE HOST.
NEITHER THE PROVIDER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, THE SERVICES OR THE SPLEET PLATFORM SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE SPLEET PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PROVIDER ALSO EXCLUDES, BUT ONLY AS FAR AS LEGALLY POSSIBLE, ALL TERMS AND WARRANTIES OR PROMISES IMPLIED BY LAW OR STATUTES.
THE PROVIDER DOES NOT WARRANT THAT YOUR USE OF THE SITE OR THE SPLEET PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; AND WE ARE NOT RESPONSIBLE FOR ANY DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET. YOU ALSO ACKNOWLEDGE THAT THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
IN ANY RESPECTS, ALL USERS AGREE THAT THE MAXIMUM OF THE PROVIDER TO THEM HOWSOEVER ARISING WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE USER TO THE PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
16. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
17. DISPUTE RESOLUTION
The Provider and any User (“Parties”) shall use their best efforts to settle amicably any dispute arising from or in connection with the Spleet Platform this Agreement or the interpretation thereof. However, in the event of a dispute between the Parties or between Users in connection with or in relation to the Spleet Platform, this Agreement or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (Notice of Dispute) to the other Party and the Parties shall enter into mutual discussions to resolve such dispute.
If the dispute has not been settled pursuant to the provision above within ten (10) days from when the discussion was initiated, the dispute shall be referred to mediation in Lagos, Nigeria.
If the dispute is still not resolved after fourteen (14) business days of it being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or arising out of or in connection with this Agreement.
NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO TRANSFER TITLE OR GRANT A TENANCY OR LEASE TO ANY PARTY. MEMBERS ARE GRANTED A LIMITED LICENCE TO OCCUPY THE ACCOMMODATION, SUBJECT TO THE TERMS. EACH USER SHOULD CONSULT THEIR LEGAL ADVISERS ON THE IMPLICATIONS OF THE LIMITED LICENCE GRANTED PURSUANT TO THESE TERMS.
These Terms are the entire agreement between the Parties with respect to the Spleet Platform, including use of the Accommodation, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Parties with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
THE PROVIDER SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, AN ACT OF GOD OR PUBLIC ENEMY, PANDEMIC, VIRAL OUTBREAK, GOVERNMENT-IMPOSED LOCKDOWNS, FIRE, EXPLOSION, EARTHQUAKE, PERILS OF THE SEA, FLOOD, STORM OR OTHER ADVERSE WEATHER CONDITIONS, WAR (DECLARED OR UNDECLARED), CIVIL WAR, REVOLUTION, CIVIL COMMOTION OR OTHER CIVIL STRIFE, RIOT, STRIKES, BLOCKADE, EMBARGO, SANCTIONS, EPIDEMICS, ACT OF ANY GOVERNMENT OR OTHER AUTHORITY, COMPLIANCE WITH GOVERNMENT ORDERS, DEMANDS OR REGULATIONS, OR ANY CIRCUMSTANCES OF LIKE OR DIFFERENT NATURE BEYOND THE REASONABLE CONTROL OF THE PROVIDER.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect
Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested at the Accommodation, or by e-mail. Notices by e-mail will be sent to you at the e-mail address on file that you have provided. Notices by e-mail shall be deemed to have been duly given the next business day after they are sent; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
The failure of the Provider to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean the waiver of the Provider’s compliance in the future.
Unless otherwise expressly agreed, where a Subscription renews automatically or a Member requests an additional term, as the case may be, the amount due shall be automatically charged on the Members card when due.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR WEBSITE?
The website can be visited without revealing any personal information. When registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, or other details to help you with your experience.
Where required, this information may include your personal contact information and/or your company contact information and your bank details. Spleet will use this information to reply to your inquiries, to provide you with requested products and services, to set up your member's account, and to contact you regarding new products and services.
If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Spleet.
HOW DO WE USE THE INFORMATION WE COLLECT?
We may use the information we collect from you when you register as a member in the following ways to:
HOW DO WE PROTECT YOUR INFORMATION?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We implement a variety of security measures when a member registers to maintain the safety of your personal information. We also protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you put in.
We do not sell, trade, or otherwise transfer to outside parties your Personal Data unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights.
The collection and processing of your Personal Data shall be in accordance with the legitimate and lawful purpose consented to and shall only be stored for the period, which is reasonably required, provided also that your Personal Data shall be adequately secured against foreseeable hazards within our contemplation.
Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Spleet Account to a third-party application, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up to date.
Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Spleet Account).
Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between us and to comply with our legal obligations. You may also request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information: