The Website, App and its content is owned and operated by Ruptub Solutions Private Limited ("Fnakon", "us" or "we"), a company incorporated under the provisions of the Companies Act, 2013 having its registered office at Km 16 Air port road rukpokwu , port Harcourt, river state, nigeria.
PRIVACY AND OTHER POLICIES
- Fnakon and/or the Stay Partners may prescribe certain entry/stay conditions and policies to the users in connection with their stay at the Accommodations.
LICENSE TO ACCESS
- you will not copy, distribute, or make derivative works of the Website and/or App in any medium without prior written consent of Fnakon and/or its affiliates, as may be applicable;
- you will not alter or modify any part of the Website and/or App other than as may be reasonably necessary to use the Website and/or App for its intended purposes; and
- The Website and/or App or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without the prior written consent of Fnakon and/or its affiliates, as may be applicable.
- You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fnakon and its affiliates without their prior written consent. You will not use any meta tags or any other "hidden text" utilizing Fnakon's or its affiliates' names or trademarks without the prior written consent of Fnakon and/or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by Fnakon and/or its affiliates, as may be applicable.
- You will not delete or modify any content of the Website and/or App, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- The Website and/or the App allows the users to browse through Accommodations offered by various Stay Partners at the specified prices at various locations across Nigeria and make bookings/reservation for the Accommodations required by the users.
- The Website and/or App are platforms that you may utilise to interact with the Stay Partners for your transactions and service need. We are not and cannot be a party to or control in any manner any transaction between you and the Stay Partners.
- You acknowledge that Fnakon will not be liable for any lack or deficiency in service attributable to the Stay Partners at the Accommodations booked by you. You further acknowledge that the Stay Partner is an entity completely separate from Fnakon and Fnakon does not work as an agent or representative of the Stay Partner. You also acknowledge that by making a reservation/booking at any of the accommodations listed, you are entering into a commercial or contractual agreement as agreed to between the Stay Partner and you.
- We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Accommodations offered for rent on the Website and/or App. We accept no liability for any errors or omissions, whether on behalf of ourselves, Stay Partners or third parties. We are not responsible for any non-performance or breach of any contract entered into between you and the Stay Partners. We cannot and do not guarantee that you and/or the Stay Partners will perform any transaction concluded on the Website and/or App. We shall not and are not required to mediate or resolve any dispute or disagreement between you and the Stay Partners.
- By using the Website /App, you hereby acknowledge and agree that Fnakon is not to be characterized as an owner, operator, lessee or a contractor of the hotel or property offering the Accommodations and that Fnakon has no control over the conduct or behavior of the Stay Partner or the quality, fitness or the suitability of the services provided by the Stay Partner. By using the Website and/or App, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of the Stay Partners or other third parties will be limited to a claim against the particular Stay Partner or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
CRITERIA TO USE THE WEBSITE/APP
- Use of the Website and/or App is available only to individuals who are at least 18 (Eighteen) years old and can form legally binding contracts under applicable law in Nigeria. In case of a non-natural person, you represent that you are a company/partnership/other entity validly incorporated and registered under the applicable laws. You represent, acknowledge and agree that you are at least 18 (Eighteen) years of age, and that:
- all registration information that you submit is truthful and accurate;
- you will maintain the accuracy of such information; and
- your use of the Website, App or any services offered through the Website and/or App do not violate any applicable law or regulation in Nigeria. Your Account may be terminated without warning if we, at our discretion, believe that you are under the age of 18 (Eighteen) or that you are not complying with any applicable laws, rules or regulations in Nigeria.
ACCOUNT AND REGISTRATION
- Fnakon offers services to you through their Website/App once you have registered with Fnakon by providing Fnakon with the requisite information such as an email address and password (collectively, the "Account Information"). The Website/App also facilitates booking for users (the "Guest") who do not intend on registering with Fnakon. The Guest can select any Accommodation of their choice and proceed to book the same by providing information such as their Name, address, phone number and email address. (collectively the "Guest Information"). You acknowledge that you are solely responsible for maintaining the confidentiality of the Account Information or the Guest Information that you have provided to Fnakon. You agree to immediately notify Fnakon of any unauthorized use of your account by a third party and you acknowledge that Fnakon will not be liable for any direct or indirect damage caused to you as a result of such unauthorized use of Account Information or Guest Information by a third party. We reserve the right to suspend or terminate your Account and your access to the Website and/or App if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
- When you use the Website/App, you agree that you are involved in the transmission of sensitive and personal information including but not limited to Account Information and Guest Information (collectively "SPI") which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. You consent to receiving communications from Fnakon or the Stay Partner on a periodic basis vide these SPI transmitted by you to Fnakon. Fnakon agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in consonance with the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, you acknowledge that Fnakon will not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.
- Without prejudice to the foregoing, you agree that Fnakon shall not be held liable or responsible for 'phishing attacks' on you. You agree that you shall not use/access this Website/ App from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you access the Website/ App. It is the user's responsibility to set his browser to alert him to accept or to reject cookies.
- You agree and acknowledge that you will have to make a payment for the services availed by way of your use of the Website/App to book/reserve a specific Accommodation vide the payment option provided by Fnakon on the Website/App. You hereby agree and understand that you will have to pay the room price as mentioned on the Website/App for the concerned Accommodation via the payment mode provided on the Website/App pursuant to which your requested reservation will be confirmed.
- We offer multiple payment options to you on the Website and/or App:
- Where payment is made by you through the Website and/or App and collected by Fnakon on behalf of the Stay Partners, you can make online payments using either your credit card, debit card, net banking, digital wallets or other payment options as made available by Fnakon from time to time;
- Where payment is made by you directly to the Stay Partners directly, you can complete the booking/reservation on the Website/App and then make payments to the Stay Partner by cash, card or other modes, as per the terms and conditions of the Stay Partners.
- Fnakon employs third party payment gateways and/or electronic wallets to receive payments from you. Fnakon is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Fnakon takes utmost care to enable a smooth functioning of third party gateways and/or electronic wallets to process payments, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault at the end of these payment gateways and/or electronic wallets.
- The user authorizes Fnakon to process any and all transactions initiated through the use of any of your SPI, digital certificate, passwords and/or pass phrases. You agree and acknowledge that the transactions may call for and require additional verification of or information from you which may also fall within the ambit of SPI and you undertake to provide complete, correct and proper information. You shall be solely responsible for maintaining the confidentiality of the SPI, digital certificate, passwords and pass phrases assigned to you. You must immediately notify Fnakon of any unauthorized use of your SPI, digital certificate, and passwords or pass phrases. You shall be responsible for any unauthorized activities, charges and/or liabilities made on or through your SPI, digital certificate, passwords or pass phrase. In no event shall Fnakon be liable to the user for the unauthorized use or misuse of your SPI, digital certificate, passwords or pass phrase or security authentication option.
- In a credit or debit card transaction, you must use your own credit or debit card towards which you have a full right and authority to validly use such Credit or Debit Card for making a payment to Fnakon. Fnakon shall not be liable for any credit or debit card fraud. The liability of using a card fraudulently will be on the user and the onus to 'prove otherwise' shall also be exclusively on the user.
- "Promo Code" is a code, consisting of letters or numbers or both that you can enter into a promotional box on the Website and/or App checkout page to obtain a discount on your booking/reservation, such as a percentage off the order or other discount.
- We/Stay Partner have the right to refuse the usage of any Promo Code at any point of time. Promo Codes which have expired cannot be used on the Website and/or App. We/Stay Partner can at any time ask you for the proof of having received the Promo Code. Promo Codes can be used only on specific bookings/reservations as deemed fit by us/Stay Partner.
- Promo Codes, at our/Stay Partners' discretion, are applicable on certain Accommodations, on specific bookings/reservations, or on specific dates and occasions. Unless otherwise specified, Promo Codes cannot be clubbed with any other special offer running on the Website and/or App.
- For a payment received after the expiry of the Promo Code the discount will not be applicable on such booking/reservation.
REPRESENTATIONS AND WARRANTIES:
By using the Website or the App, you represent and warrant that:
- You are 18 years of age or older and that your use of the Website/App and / or Services shall not violate any applicable law or regulation.
- All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
- Your use of this Website/App shall be subjected to the following restrictions:
- you may not modify any content of the Website or App, including but not limited to, any public display, description, performance, sale, rental and pricing of the Services;
- you may not decompile, reverse engineer, or disassemble the content; or
- you may not remove any copyright, trademark registration, or other proprietary notices from the Website or the App. You further agree not to access or use this Website or App in any manner that may be harmful to the operation of this Website or App or its content.
- You will not:
- advertise or sell the Services (whether or not for profit), for commercial purposes of any kind; or
- use the Website or App and / or Services in any way that is unlawful, or harms Fnakon or any other person or entity, as determined by Fnakon at its sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website/ App and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website/App and / or Services.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming,""spamming,""flooding,""trolling," and "phishing" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Website or App and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- All information, content and material contained in the Website or App and / or Services are Fnakon's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to Fnakon. No information, content or material from the Website or the App and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Fnakon's express written permission.
- You expressly understand and agree: (i) that Fnakon does not warrant that the functions contained in content, information and materials on the Website/App, including, without limitation any third party sites or services linked to the Website/App will be uninterrupted, timely or error-free; (ii) that the defects will be rectified; (iii) that the Website/App or the servers that make such content, information and materials available are free of viruses or other harmful components; (iv) that the quality of the Website/App and service would meet your expectations; or (v) Any material downloaded or otherwise obtained through the Website/App are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
DISCLAIMER OF WARRANTY
Fnakon PROVIDES ACCESS TO THE WEBSITE/APP ON AN "AS IS" BASIS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. THE USER ACKNOWLEDGES THAT Fnakon HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF THE WEBSITE OR THE APP WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY.
Fnakon shall have no liability to the user for any interruption or delay, to access the Website/App irrespective of the cause.
LIMITATION OF LIABILITY
- In no event, shall Fnakon, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the App or the content, materials and functions related thereto, the Services, user's provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Stay Partners to users contacted or managed through the Website or App;
- any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website;
- any unauthorized access to or alteration of your transmissions of SPI; or
- any other matter relating to the Website/App or the Service.
- All information, content and material contained in the Website, the App and / or Services including but not limited to trademarks, copyrights, patents and designs and all other forms of proprietary and non-proprietary information provided by you or Fnakon in facilitating the services is the sole intellectual property of Fnakon. All trademarks, services marks, trade names, and trade dress are proprietary to Fnakon. No information, content or material from the Website/App and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Fnakon's express written permission.
- You also provide a royalty-free, perpetual, irrevocable, nonexclusive right and license for Fnakon to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by you to Fnakon by way of this Website/App.
GOVERNING LAW AND DISPUTE RESOLUTION
THIRD PARTY LINKS
The Website or the App may contain links belonging to third parties and the user acknowledges that Fnakon does not endorse any of these third party links or the services or goods provided by way of these links. Fnakon will not be liable for the nature of the content provided on any of these third party links or the privacy practices followed by these third parties. Fnakon does not provide any warranty with regard to the materials posted on such third party websites or the services offered by them and disclaims all responsibility for the quality of the services offered by any of these linked sited. You acknowledge that it is upon your own risk that you view the contents of any linked site listed in the Website or the App.
THIRD PARTY CONTROL
The flow of data over the internet depends in large part on the performance of connections and services provided by third parties. Failure of such third parties to perform their services correctly can disrupt internet sessions, thereby interrupting the Services. Fnakon cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events.
If you believe that your rights have been violated by any Services or have any other grievance due to use of the Website and/or App, the name and contact details of the Grievance Officer to redress the same is provided below: