I. IT IS IMPORTANT TO READ THIS CAREFULLY AS THIS CONSTITUTES A BINDING AGREEMENT BETWEEN THE HOTEL AND THE WEBSITE USER.
This Agreement governs your use of this Internet site located at https://1stfortyhotel.com (collectively, the “Site”) and is by and between First Forty Hotel, (otherwise called “we”, “us”, or “our”) and you, on behalf of yourself and the buyer, member or supplier for which you have registered (“you”). By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes.
This site can only be used by person who can enter in binding contracts in law. This includes but is not limited to Minors. If you do not qualify, you may not use the Site. By using this site, you warrant that you are eighteen (18) years of age or older and with full capacity to conduct financial transactions on this Site.
You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent our hotel policies, terms or conditions.
You understand that we will not collude with you on any fraudulent transaction and will report all seemingly fraudulent transactions to the appropriate authorities.
You are advised to contact the Hotel directly for large group reservations.
III. RESTRICTIONS ON USE OF INTELLECTUAL PROPERTY
All materials contained in the Site are the copyrighted property of First Forty Hotel or its subsidiaries or affiliated companies and/or third party 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, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent.
We welcome your comments regarding the Site and the products and services offered in connection therewith. Kindly note that you may NOT submit proposals using our Contact Form on the site. Unfortunately, such will be disregarded and we will not be held liable to information contained therein. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind.
V. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third party sites to the Site.
We make no representations concerning the content of sites listed in any of the Site’s directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to 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 any kind either express, implied or statutory.
We do not make any representations, warranties or endorsements regarding the accuracy, reliability, usefulness or completeness of the services, content or materials in the site or any site linked to it. To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility or arising from course of dealing 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 such services, content and materials available are free of viruses or other harmful components or are accurate or complete.
We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, functions or products available through the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the 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 the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online 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 program malfunctions, 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 any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or 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 reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of First Forty Hotel which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or 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 Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between 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 the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users that is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers’ return policy.
CYBER-CRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015 NOTICE
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web site linked to the site. We will cooperate with law enforcement officials in any investigation regarding cyber-crime (and any other crime) by providing all necessary information regarding a user within the ambits of the law.
NIGERIAN TOURISM DEVELOPMENT CORPORATION NOTICE
We will volunteer information requested by the Nigerian Tourism Development Corporation Inspectors within the ambits of the law.
ECONOMIC AND FINANCIAL CRIMES COMMISSION/NIGERIAN POLICE FORCE NOTICE
Hoteliers are required to furnish information on request from the above named law enforcement. This information will range from basic guest details to any other information deemed necessary by the organisation.
The Hotel will cooperate with Law enforcement in all regards without jeopardizing the safety of its guests to the best of its ability. Should anything go wrong however, the hotel will not bear any responsibility while keeping to its legal obligations.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our hotels and each of our and their owners, partners, subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and employees (collectively, the “Indemnified Parties”) harmless from and against any 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 damage to any property or otherwise (“Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of First Forty Hotel or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual 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 the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject 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 that result from the use of, or the inability to use, the site or the services or functions 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 materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the site or the contents thereof. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the site. if you 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 use of the site and terminate this agreement in accordance with the terms hereof.
By utilizing the site, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, 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 or misuse of information, materials, services or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict or refuse access to the site and its services, content, materials and functions to anybody. We further reserve the right to seek any form of relief, including without limitation attorneys’ fees, related to fraudulent or illegal activity connected with the use of the site.
The products and/or services described in and available through the Site are limited to Nigeria only.
XII. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) 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 is intended or created by this Agreement.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, we reserve the right to retain your information as submitted on the site.
XV. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the Federation of Nigeria.
XVI. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Evidence Act.