Terms of Service
Please read these Terms to learn more about your rights and
responsibilities and Our legal relationship with you as a person that
accesses or uses our Application and/or any Services (“you”, “User” or
“user”), provided that if you open an account on the Services on behalf of
an organization or other entity, then
(i) “You” includes you and that entity, and
(ii) You represent and warrant that you are an authorized representative
of the entity with the authority to bind the entity to these Terms, and
that you agree to these Terms on the entity’s behalf.
The following Book Me Innovations LLP. (this includes its affiliated
companies and subsidiaries, collectively, “Book Me” ,“our,” “we,” or “us”)
terms of service, the Service Providers Agreement and Refund Policy
(collectively, these “Terms”), govern your access to and use of any and all
the versions and subdomains of Book Me application and internet site
(collectively, the “Application”), as well as any and all content, functionality
and services offered on or through the Book Me application or otherwise
provided by Book Me (each a “Service” and collectively, the “Services”).
By accessing or using any of the Application or any Services, creating an
account on the Application (an “Account”) and checking the “I agree” (or
similar) box, you;
(1) Agree that you have read, understood, and agree to be bound by the
terms and conditions of these Terms, as updated by us from time to time,
all of which are incorporated by this reference into these Terms,
(2) Represent and warrant that the information you provide is accurate and
not misleading, and
(3) Agree that you have read and acknowledge the collection and use of
your information as set forth in our Privacy policy (the “Privacy Policy”),
whether or not you are a registered user of the Services.
If you do not want to agree to these Terms or the Privacy Policy, you must
not access or use the Application or any Services.
1. ELIGIBILITY
You may access or use the Application and the Services only if you can
form a binding contract with us, and only in compliance with these Terms
and all applicable local, state, provincial, national, and international laws,
rules and regulations. Any use or access to any of the Applications or the
Services by anyone under 18 years are strictly prohibited and in violation of
these Terms.
2. SERVICES PROVIDED
Our Application and Site offer various services, including connecting users
with service providers in industries such as hair salons, nail salons,
barbershops, pet services, event planning, and more. Users can browse and
book services directly through the platform.
3. SERVICES LICENSE
Subject to the terms and conditions of these Terms, you are hereby granted
a non-exclusive, limited, non-transferable, freely revocable right to use the
Application and the Services for your use only as permitted by the features
of the Application and the Services and by these Terms. Book Me reserves
all rights not expressly granted herein in the Application and the Services.
Book Me may revoke this right at any time for any reason or no reason.
You shall not access or use the Application or any Services other than as
expressly permitted by these Terms without our specific express written
consent.
4. YOUR ACCOUNT
Your account gives you access to the services and features of the
Application and Services that we may establish, maintain, and modify,
from time to time and in our sole discretion. We may maintain different
types of accounts for different types of Users, which may provide access to
additional or different Services or features of those Services. By connecting
to the Application with a third-party service, you give us permission to
access and use your information from that service as permitted by that
service, and to store your login credentials for that service. You are
responsible for tracking all activity on your own account, and you agree to
the following:
a. To store all passwords and usernames securely.
b. To notify us of any unauthorized use or security breach. We will not
be liable for any liability, damage, cost, loss or expense caused by or in
connection with any unauthorized use of your account.
c. To never share login details or account access with anyone, including
clients or team members, unless explicitly permitted by additional terms
applicable to your account type.
d. To accept responsibility for activity that occurs under your account(s).
e. To never transfer, rent, “sell,” or otherwise make your account
available to another person.
5. USER CONTENT.
a. Some areas of the Application allow Users to post content, such as
profile information, screenshots, comments, images, files, and other content
or information on the Application. Any such material a User submits,
posts, displays, or otherwise makes available on the Application is “User
Content”. User Content includes logos, trademarks and service marks,
trade names, and other information posted by users, which may be used by
us for marketing and promotional purposes pursuant to the User Content
license grant below. You agree to abide by all other applicable Terms, when
you post User Content and interact with other Users of the Application or
any Services. You are solely responsible for your interactions with other
Users. We reserve the right, but have no obligation, to monitor disputes
between you and other Users. We have no liability for your interactions
with other Users, or for any User’s action or inaction.
b. You are entirely responsible for the content of, and any harm resulting
from, your User Content. That is the case regardless of whether the User
Content in question constitutes text, graphics, sound, or other media
formats. By making User Content available through the Services, you
represent and warrant that:
i. the downloading, copying and use of the User Content will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third party;
ii. if your employer has rights to intellectual property you
create, you have either (i) received permission from your employer to post
or make available the User Content, including but not limited to any
software, or (ii) secured from your employer a waiver as to all rights in or
to the User Content;
iii. you have fully complied with any third-party licenses
relating to the User Content, and have done all things necessary to
successfully pass through to end users any required terms;
iv. the User Content does not contain or install any viruses or
other harmful or destructive content;
v. the User Content is not spam, is not machine- or randomlygenerated,
and does not contain unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine
rankings of third party sites, or to further unlawful acts (such as phishing)
or mislead recipients as to the source of the material (such as spoofing);
vi. the User Content is not obscene, libelous or defamatory,
hateful or racially or ethnically objectionable, and does not violate the
privacy or publicity rights of any third party; and
vii. you have, in the case of User Content that includes
computer code, accurately categorized and/or described the type, nature,
uses and effects of the materials, whether requested to do so by Book Me or
otherwise.
6. USER CONTENT LICENSE GRANT.
While you maintain all rights, including copyrights, that you own or
control in User Content, you hereby grant the following licenses to your
User Content:
a. To Book Me. By posting any User Content on the Services, you
expressly grant, and you represent and warrant that you have all rights
necessary to grant, to Book Me a royalty-free, sublicensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute,
syndicate, publicly perform, publicly display, and make derivative works
of all such User Content and your name, voice, and/or likeness as
contained in your User Content, in whole or in part, and in any form,
media or technology, whether now known or hereafter developed,
including for use in connection with the Services and Book Me’s business,
or for promoting and redistributing part or all of the Service (and
derivative works thereof) in any media formats and through any media
channels. Book Me may, but is not obliged, to cite you as the owner of such
User Content in our marketing or other communications.
b. To Other Users. You also hereby grant each User of the Service a nonexclusive
license to access your User Content through the Service, as
permitted through the functionality of the Services and under these Terms.
7. ADDITIONAL USER CONTENT PROHIBITIONS
You agree not to post User Content that:
a. is pornographic, fraudulent, immoral, infringing, illegal, harassing,
offensive, or defamatory material
b. may create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental illness to
you, to any other person;
c. may create a risk of any other loss or damage to any person or
property;
d. seeks to harm or exploit children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
e. may constitute or contribute to a crime or tort;
f. contains any information or content that we deem to be unlawful,
harmful, abusive, racially or ethnically offensive, defamatory, infringing,
invasive of personal privacy or publicity rights, harassing, humiliating to
other people (publicly or otherwise), libelous, threatening, profane, or
otherwise objectionable;
g. contains any information or content that is illegal (including, without
limitation, the disclosure of insider information under securities law or of
another party’s trade secrets);
h. contains any information or content that would violate the privacy or
publicity rights of any third party;
i. contains any information or content that you do not have a right to
make available under any law or under any contractual or fiduciary
relationship;
j. contains any information or content that you know is not correct and
current; or
k. promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual.
8. OUR PROPRIETARY RIGHTS
In these Terms, “Intellectual Property Rights” means all patent rights,
copyright rights, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret
rights and other intellectual property rights as may not exist or hereafter
come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, province,
territory or other jurisdiction. Except for your User Content, the Services
and all materials therein or transferred thereby, including, without
limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos, music,
and User Content belonging to Book Me, other Users, and other licensors to
Book Me (the “Book Me Content”). Except as expressly provided herein,
(i) As between you and Book Me, all Intellectual Property Rights related
to any and all Book Me Content are the exclusive property of Book
Me and its licensors (including that of other Users who post User
Content to the Services), and
(ii) Nothing in these Terms shall be deemed to create a license in or
under any such Intellectual Property Rights, and
(iii) You agree not to sell, license, rent, decompile, reverse engineer,
modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works
from any Book Me Content. Use of the Book Me Content for any
purpose not expressly permitted by these Terms is strictly
prohibited.
9. COPYRIGHT INFRINGEMENT.
We take claims of copyright infringement seriously. We will respond to
notices of alleged copyright infringement that comply with applicable law.
If you believe any materials accessible on or from the Application or any
Services infringe your copyright, you may request removal of those
materials (or access to them) from the Application or any Services by
submitting written notification to our copyright agent designated below.
The written notice must include substantially the following:
i. Your physical or electronic signature.
ii. Identification of the copyrighted work you believe to have been
infringed or, if the claim involves multiple works on the Services, a
representative list of such works.
iii. Identification of the material you believe to be infringing in a
sufficiently precise manner to allow us to locate that material.
iv. Adequate information by which we can contact you (including your
name, postal address, telephone number, and, if available, email
address).
v. A statement that you have a good faith belief that use of the
copyrighted material is not authorized by the copyright owner, its
agent, or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act
on behalf of the copyright owner.
Our designated copyright agent to receive the Written Notification is: ….
10. FEES AND PAYMENTS
Billing Policies
Certain aspects of the Services may be provided for a fee or other charge,
such as Paid Accounts. If you elect to use paid aspects of the Services, you
agree to the Pricing and Payment Terms.
Changes to Pricing of Pricing and Payment Terms
We have the right to modify any pricing, fees, and/or Pricing and
Payment Terms from time to time and at any time in our sole discretion, by
posting the revised Pricing and Payment Terms on the Application.
Payment Processing Fees
If you purchase any fee-based Service, including Paid Accounts, you agree
that our third-party payment gateways, such as Flutterwave and Paystack,
may store your credit or charge card or other payment information.
Refund Policy
You agree that all refunds are at the sole discretion of Book Me. You also
understand and agree that once a refund is requested, you are not
permitted to use or exploit the product files or content in question, and
immediately upon receipt of a refund, all licenses to such product files and
underlying content are revoked, and you are not authorized to use the
product in any form or for any purpose whatsoever.
Refunds are available for subscription payments within 7 days of the
transaction if no significant usage of the service has occurred.
Refunds for unsatisfactory services rendered by service providers are
subject to investigation and approval. Take note that Payments made for
promotional offers or discounts are non-refundable and approved refunds
will be issued back to the original payment method or as a credit on our
platform, depending on the situation and user preference.
To request a refund, contact our customer support team at
bookmebusinessservice@gmail.com within 7 days of the transaction and
provide your transaction details and the reason for the refund request.
Refund requests will be processed within 14 business days of approval.
Payment Information
All information that you provide in connection with a purchase or
transaction or other monetary transaction interaction with the Application
or any Services must be accurate, complete, and current. You agree to pay
all charges incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or transaction or
other monetary transaction interaction with the Application or any Services
at the prices in effect when such charges are incurred.
Taxes
You take full responsibility for all taxes and fees of any nature associated
with the Services, including any sales tax related to any purchase or sale of
services or goods under these Terms. When purchasing or selling services
or goods under these Terms, it is your responsibility to determine whether
or not sales taxes apply to a transaction and to collect, report and remit the
correct amounts to the appropriate authority
Subscriptions/Paid Accounts
a. Certain Application accounts, such as Book Me accounts, are
available only on a pre-paid subscription basis (collectively,
“Subscriptions” or “Paid Accounts). Pricing for Subscriptions will be
provided by Book Me through the Application at the time of purchase or
are set out in the Pricing and Payment Terms.
b. Unless otherwise set out at the time of purchase or on the Pricing and
Payment Terms or as agreed to by Book Me, fees for a Subscriptions will be
billed and are due and payable in advance for each subscription period
indicated in the description of the Paid Account (“Subscription Period”)
and are non-refundable. There will be no refunds for partial months of
service or for periods in which your Subscription remains open but you do
not use the Services associated with the Subscription.
c. Subject to your payment of applicable fees for a Subscription, we will
provide the Services to you for the Subscription Period that you have paid
for such Services. At the end of the Subscription Period, your Subscription
will automatically renew for an additional Subscription Period unless and
until it is expressly canceled by you as described in the “Termination”
section below.
d. You expressly agree that we are authorized to charge you (i) a fee for
any applicable Services for which you have subscribed, billed on a basis of
the Subscription Period, (ii) any other fees for the Services you may
purchase, (iii) any charges for use of the Services in excess of the usage or
other limits placed on your use of the Services (and you hereby consent to
such charges and agree we are not required to notify you of any such
charge in advance) and (iv) any applicable taxes in connection with your
use of the Services to the credit or charge card you provide and to
reimburse us for all collection costs and interest for any overdue amounts.
e. If the credit or charge card you provide expires and you do not
provide new credit or charge card information or cancel your Account, you
authorize us to continue billing you and you agree to remain responsible
for any uncollected fees.
f. Account Cancellation. You may cancel your Subscription account at
any time; however, should you cancel your Subscription account, you will
not be granted a refund upon cancellation. In the event that Book Me
suspends or terminates your Subscription account for any reason, you
understand and agree that you shall receive no refund of any license or
subscription fees for any portion of the Services, any content or data
associated with your Subscription account, or for anything else.
g. We may cancel any Subscription or Book Me account without prior
notice if we are unable to process payment through the provided method
of payment.
11. CONSENT AND COLLECTION AND USE OF DATA
a. Consents. We care about the privacy of our Users. You can also view
our Privacy Police. You understand that by using the Services you consent
to the collection, use and disclosure of your personal information as set
forth in our Privacy Policy, and to have your personal information
collected, used, transferred to and processed as described therein. You
acknowledge and agree that you are responsible for obtaining all necessary
consents, and for complying with all applicable laws (including privacy
and data protection laws, related to personal information provided to us in
connection with your use of the Service.
b. Third Party Services. Please be aware that (among other things) third
parties (such as social media platforms or other company websites that we
link to online or from our applications) are responsible for their own
privacy practices. Be sure to read the privacy policies, supplemental
notices, and settings of all websites or platforms that you visit so you can
understand their privacy practices and your options.
c. Sensitive Personal Information. You agree to only provide tax and
payment information in the specific areas of our Application provided to
collect that information. You agree not to provide any other Sensitive
Personal Information. You acknowledge that any data storage functionality
of the Services is not intended for the storage of medical information,
health insurance information, sensitive data about personal characteristics
or other personal data that may pose a risk of harm to the individual if
improperly disclosed (collectively, “Sensitive Personal Information”). You
agree to only upload or otherwise submit any Sensitive Personal
Information to us in connection with the Service if required for billing,
payment, or taxes. You agree that we have no responsibility or liability
with respect to any such Sensitive Personal Information that is processed,
transmitted, disclosed, or stored in connection with the Service.
d. Data Controller. The companies within Book Me each act as the data
controller for personal data processed in respect of their Services and
referred to as “our,” “we,” or “us” below. Such companies within Book Me
operate the Services, which include websites, software, mobile services,
and applications.
12. SECURITY
Book Me cares about the integrity and security of your personal
information. However, we cannot guarantee that unauthorized third
parties will never be able to defeat our security measures or use your
personal information for improper purposes. You acknowledge that you
provide your User Content and personal information and otherwise
interact with or through the Application or any Services at your own risk.
You are fully responsible for all interaction with or through the Application
or any Services that occurs in connection with your registration
information (including, without limitation, all Transactions). You agree to
immediately notify us of any unauthorized use of your registration
information or any other breach of security related to your account or the
Services, and to ensure that you “log off”/exit from your account with the
Services (if applicable) at the end of each session. Please see (“Your
Account”) for requirements on managing accounts. We are not liable for
any loss or damage arising from your failure to comply with any of the
foregoing obligations. If you sign into with or through the Application or
any Services using a third-party social networking platform account, be
sure to review the privacy and data usage policies of such platform to learn
more about its personal information practices and your options, as they
may differ from those governed by our Privacy Policy and these Terms.
13. STORAGE PRACTICES AND LIMITS
There is limited storage space for User Content on the Services. While we’ll
make efforts we believe are reasonable to safeguard and backup User
Content, and to make User Content available in case of loss or deletion, we
have no responsibility or liability for the deletion or failure to store or the
security of any User Content. We reserve the right to mark or treat as
“inactive” and archive accounts and/or User Content that are inactive for
an extended period of time, as determined by us in our sole discretion. We
reserve the right to change our practices and storage rules at any time in
our sole discretion with or without notice to you.
14. THIRD-PARTY LINKS AND CONTENT
The Services may contain third-party content (including User Content of
other Users) and links to third-party websites, advertisers, services, special
offers, or other events or activities that are not owned or controlled by
Book Me. Book Me does not endorse or assume any responsibility for any
such third-party sites, information, materials, products, content, or
services. If you access a third party website from the Services, you do so at
your own risk, and you understand that these Terms and the Privacy
Policy do not apply to your use of such sites. You expressly relieve Book
Me from any and all liability arising from your use of any third-party
website, service, or content.
Additionally, your dealings with or participation in promotions or
transactions of third parties (including other Users) found on the Services,
including, and any other terms (such as warranties) are solely between you
and such third parties. You agree that Book Me shall not be responsible for
any loss or damage of any sort relating to your dealings with such third
parties.
15. INDEMNITY
You agree, at your sole expense and to the fullest extent permitted by law,
to defend (at our request), indemnify and hold harmless Book Me and its
subsidiaries, agents, licensors, managers, and other affiliated companies,
and their employees, contractors, agents, officers and directors
(individually and collectively, “Our Parties”), from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to reasonable attorney’s fees) suffered or
incurred by any of Our Parties by reason of any claim, suit or proceeding
(“Claim”) arising out of or in connection with:
a. Your use of and access to the Application or any Services, including
any data or content transmitted or received by you.
b. Your violation of any term of these Terms, including your breach of
any of the representations and warranties provided therein.
c. Your violation of any third-party right, including without limitation
any right of privacy or Intellectual Property Rights.
d. Your violation of any applicable law, rule or regulation
e. Any claim or damages that arise as a result of any of your User
Content or provision or use of any Project Deliverable or any that is
submitted via your account.
f. Any other party’s access and use of the Services with your unique
username, password or other appropriate security code.
g. The infringement or violation of any third-party Intellectual Property
Right or other right of by you or a product or service that you sell, license,
purchase on, provide or receive through the Application or any Services or
receive as part of a Transaction or the use thereof.
h. Any dispute between or among any Users or third parties relating to
any Project, any services, deliverables or payment related thereto, job
board, employment offer or relationship or otherwise.
i. Any of Our Parties’ role, action, failure to act or delay in acting in
connection to any of the foregoing.
If we request that you defend a Claim, you will not agree to any settlement
without our prior written consent, and we will have the right to participate,
at our own expense, in the defense of any Claim with counsel of our own
choosing. “Policies” mean collectively the Pricing and Payment Terms, the
Privacy Policy and all other terms incorporated into these Terms by
reference.
16. MONITORING AND ENFORCEMENT; TERMINATION
Book Me reserves the right to monitor downloads and user activity to
ensure compliance with the terms of these Terms, which we may update
from time to time in our sole discretion. We further reserve the right to
monitor downloads and user activity for security of the Application or any
Services, fraud detection, and protection of our Users and to ensure
compliance with applicable laws. We may, without notice, change any of
the Application or any Services, stop providing the Application or any
Services or features of the Application or any Services, or create usage
limits for the Application or any Services. We may permanently or
temporarily terminate or suspend your access to the Application or any
Services without notice or liability for any reason, including if in our sole
determination you violate any provision of these Terms, or for no reason.
We may remove or refuse to post any User Content or other content or
communication for any reason or no reason in our sole discretion. We will
not be liable for any loss or corruption of User Content or other content or
communication you provide to the Application or any Services. Upon
termination for any reason or no reason, you continue to be bound by these
Terms.
17. UPDATES, MODIFICATIONS & AMENDMENTS
We may need to update, modify or amend our Terms of Use as our
technology evolves. We reserve the right to make changes to this Terms of
Use at any time by giving notice to users on this page.
We advise that you check this page often, referring to the date of the last
modification on the page If a user objects to any of the changes to the
Terms of Use, the User must cease using our Application and/or services
immediately.
18. DISCLAIMERS
WE TRY TO KEEP BOOK ME AVAILABLE AT ALL TIMES, BUG-FREE
AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.
OUR APPLICATION AND SERVICES ARE PROVIDED “AS IS”
WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY
WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR
STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, BOOK ME MAKES NO
WARRANTY THAT OUR APPLICATION AND SERVICES WILL MEET
YOUR REQUIREMENTS OR THAT OUR APPLICATION WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU THROUGH OUR APPLICATION OR FROM BOOK ME, ITS
PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR
ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES)
(COLLECTIVELY, “BOOK ME INNOVATIONS LLP PARTIES”) SHALL
CREATE ANY WARRANTY.
19. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OF THE BOOK ME PARTIES BE LIABLE FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES EXCEPT THE TOTAL CUMULATIVE
COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES
OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER
CAUSED OR ARISING FROM OR IN RELATION TO THE APPLICATION
OR ANY SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE
HUNDRED US DOLLARS (US$100 OR ITS EQUIVALENT) OR (B) ALL
AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR
USE OF THE SERVICES GIVING RISE TO THE CLAIM DURING THE
THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO
MATTER WHEN PAYMENTS WERE ACTUALLY MADE). THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION AND IS NOT INTENDED TO, NOR DOES IT, REQUIRE
THE RELINQUISHMENT OF ANY NON-WAIVABLE RIGHT
AFFORDED TO YOU BY LAW.
20. EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT
APPLY TO YOU. TO THE EXTENT THAT ANY BOOK ME PARTY MAY
NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED
WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION
OF SUCH WARRANTY AND THE EXTENT OF THE BOOK ME’S
PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER
SUCH APPLICABLE LAW.
21. LEGAL DISPUTES
We shall make an effort to settle all disputes amicably. Any dispute arising
out of this Terms of Use, which cannot be settled, by mutual
agreement/negotiation within 1 (one) month shall be referred to arbitration
by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and
governed by the Arbitration and Conciliation Act, Cap A10, Laws of the
Federal Republic of Nigeria. The arbitrator shall be appointed by both of us
(we and you), where both of us are unable to agree on the choice of an
arbitrator, the choice of arbitration shall be referred to the LMDC. The
findings of the arbitrator and subsequent award shall be binding on both of
us. Each of us shall bear our respective costs in connection with the
Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
22. APPLICABLE LAW
These Terms of Use shall be interpreted and governed by the laws
currently in force in the Federal Republic of Nigeria.
23. SEVERABILITY
If any portion of these Terms of Use is held by any court or tribunal to be
invalid or unenforceable, either in whole or in part, then that part shall be
severed from these Terms of Use and shall not affect the validity or
enforceability of any other part in this Terms of Use.