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Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE RESOLUTION OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE LAWS. IN MANY CITIES, VENDORS/AGENTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING CUSTOMERS. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. VENDORS/AGENTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON OWAMBE. LAST UPDATED ON 25th Aug 2021.

1. Key Terms

OWAMBE provides an online deals and discount platform for booking hotels, apartments resorts, meeting rooms, event venues and restaurants. The platform connects property owners/vendors on <www.partner.owambe.com and users seeking to rent such hotels, resorts, meeting rooms and event venues (collectively, the "Services"), which Services are accessible through www.owambe.com and any other websites through which OWAMBE makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").

If you are using the Site, Application or Services, these Terms of Service are between you and ONE CLICK Ltd.

OWAMBE uses Interswitch Limited as its third party service provider for payment services. By buying or selling on www.owambe.com you agree to be bound by Interswitch Limited’s terms and conditions located on www.interswitchgroup.com and do consent and authorize Interswitch Limited to share any information and payments instructions you provide with third parties and to the extent required to complete your transactions, with any third party service provider(s). Please note Interswitch privacy policy may also be required to be included.

"Collective Content" means Member Content and OWAMBE Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Customer" means any member who buys or sells on the Owambe platform. It also includes any visitor who buys on the Owambe platform.

"Direct booking" means instant booking on the OWAMBE platform which gives you access to available hotels, resorts, apartments, meeting rooms, event venues and restaurants.

"Inventory" means detailed information about the property and the vendor.

"Listing" means hotels, resorts, apartments, meeting rooms, event venues and restaurants listed by a vendor/owner as available for booking via the Site, Application, and Services.

"Member" means a person who completes OWAMBE'S account registration process, including but not limited to vendor/owner and agrees to the terms and conditions stipulated below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits or includes, Member profile or promotional campaign to be made available through the Site, Application or Services.

"Owambe Content" means all Content that OWAMBE Ltd makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Partner" includes agents, event vendors, property owners, event promoters, E-consumer solve and insurer.

"Property" means hotels, resorts, apartments, meeting rooms, event venues and restaurants.

"Service" means a deal and discounts market place that combines social network with real time booking of hotels, meeting rooms, resorts, apartments and event venues.

"Tax or Taxes" mean any sales tax, value added tax (VAT), consumption tax, tourist or other visitor tax, Property or lodging taxes or other fees that the vendor/owner may be required by law to collect and remit to any government agencies whether local, state, federal or other withholding and personal or corporate income taxes.

"Vendor/owner" means a Member who creates a Listing via the Site, Application and Services.

"Visitor" means any person who intends to make use of the platform without completing OWAMBE’S account registration process.

2. Terms of Service

  1. By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered member for the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content, and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Owambe. Please also read carefully our Privacy Policy at www.owambe.com/terms/privacy_policy.
  2. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
  3. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
  4. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE DEAL AND DISCOUNT PLATFORM THROUGH WHICH OWAMBE MAY PROVIDE AVAILABLE LISTINGS, FOR PROPERTIES, WHILE CUSTOMERS MAY LEARN ABOUT AND BOOK PROPERTIES DIRECTLY WITH VENDOR/OWNER. YOU UNDERSTAND AND AGREE THAT OWAMBE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CUSTOMERS, NOR IS OWAMBE A REAL ESTATE BROKER, AGENT OR INSURER. OWAMBE HAS NO CONTROL OVER THE CONDUCT OF VENDOR/OWNER, CUSTOMER AND OTHER USERS OF THE SITE OR THE PROPERTY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  5. IF YOU CHOOSE TO CREATE A LISTING ON OWAMBE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OWAMBE IS LIMITED TO BEING A CUSTOMER AND AN INDEPENDENT THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT OR PARTNER OF OWAMBE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF OWAMBE. OWAMBE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF OWAMBE, INCLUDING BY INAPPROPRIATELY USING ANY OWAMBE INTELLECTUAL PROPERTY OR OWAMBE CONTENT.
  6. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE PARTNER GUARANTEE POLICY WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

3. Modification

  1. OWAMBE reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

4. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

We may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain background checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including information from OWAMBE's partners.

5. How the Site, Application and Services Work

  1. The Site, Application and Services can be used to facilitate the listing and booking of Properties. Such properties are included in Listings on the Site, Application and Services by vendors/owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a property or create a Listing, you must first register to create an OWAMBE Account (defined below).
  2. As stated above, OWAMBE makes available an online deal and discount platform with related technology for customers and vendors/owners to meet online and arrange for bookings of properties directly with each other. OWAMBE is not an owner or operator of properties, including, but not limited to, mean hotels, resorts, apartments, meeting rooms, event venues and restaurants, nor is it a provider of properties, including, but not limited to, means hotels, resorts, apartments, meeting rooms, event venues and restaurants and OWAMBE does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to; means hotels, resorts, apartments, meeting rooms, event venues and restaurants, unless explicitly specified otherwise on the OWAMBE platform. OWAMBE's responsibilities are limited to facilitating the availability of the Site, Application and Services.
  3. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE VENDORS/OWNERS AND CUSTOMERS CONNECTING AND BOOKING PROPERTIES DIRECTLY WITH EACH OTHER. OWAMBE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTY. OWAMBE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE CUSTOMER'S OWN RISK.

6. Account Registration

  1. In order to access certain features of the Site and Application and to book a Property or create a Listing, you must register to create an account ("OWAMBE Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
  2. You can also register to join by logging into your account with certain third-party social networking sites ("SNS") including, but not limited to, Facebook or Google plus; (Third-Party Account) or via our Site or Application described below. As part of the functionality of the Site, Application and Services, you may link your OWAMBE Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to OWAMBE through the Site, Services or Application; or (ii) allowing OWAMBE to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to OWAMBE and/or grant OWAMBE access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating OWAMBE to pay any fees or making OWAMBE subject to any usage limitations imposed by such third-party service providers. By granting OWAMBE access to any Third-Party Accounts, you understand that OWAMBE will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Accountso that it is available on and through the Site, Services and Application via your OWAMBE Account and OWAMBE Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your OWAMBE Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or OWAMBE's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Owambe Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. OWAMBE makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and OWAMBE is not responsible for any SNS Content.
  3. You are to create your OWAMBE Account and profile page for use on the Site or Application based upon the personal information you supply or your account may be created based on information we obtain via any SNS as described above. You may not have more than one (1) active OWAMBE Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OWAMBE reserves the right to suspend or terminate your OWAMBE Account and your access to the Site, Application and Services if you create more than one (1) OWAMBE Account or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
  4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OWAMBE Account, whether or not you have authorized such activities or actions. You will immediately notify OWAMBE of any unauthorized use of your OWAMBE Account.

7. Inventory Listings

  1. As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Property to be listed, including, but not limited to; the location, capacity, size, features, availability of the property, pricing, related rules and financial terms. In order to be featured in Listings via the Site, Application or Services, all Properties must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to customer preferences, reviews and/or ease of booking.
  2. Members will be able to book your property via the Site, Application and Services based upon the information provided in your Listing, your Customer requirements, and Customers' search parameters and preferences. You understand and agree that once a Customer requests a booking of your Property; you may not request the Customer to pay a higher price than in the booking request.
  3. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of or a Customer's stay at a Property in a Listing you post (i) will not breach any agreements you have entered into with any third parties, (ii) Complies with all applicable laws (such as town planning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Property included in a Listing you post (including having all required permits, licenses and registrations), and (b) do not conflict with the rights of third parties. Please note that OWAMBE assumes no responsibility for a vendor/owner's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. OWAMBE reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OWAMBE in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or OWAMBE's then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
  4. If you are a vendor/owner, you understand and agree that OWAMBE does not act as an insurer or as your contracting agent. If a customer requests a booking of your Property and uses your Property, any agreement you enter into with such customer is between you and the customer. OWAMBE is not a party to it.
  5. When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Property, such as requiring Members to have a profile picture or verified phone number, in order to book your Property. Any Member wishing to book Properties included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
  6. You acknowledge and agree that, as a vendor/owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individual who enters into and remains at or is otherwise present at the Property at your request or invitation.
  7. OWAMBE mandates that vendors/owners must obtain appropriate insurance policies for their Properties. Please review any insurance policy that you may have for your Property carefully, and ensure that you are familiar with and 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 Customers (and the individuals the Customer invites to the Property, if applicable) while at your Property.
  8. OWAMBE may offer vendor/owner the option of having photographers take photographs of their Properties. However, you choose to have a photographer do this, OWAMBE shall own all copyrights in photographs taken but these photographs will be made available to you for inclusion in your Listing with a watermark or tag bearing the words "OWAMBE.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a vendor/owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute OWAMBE Content, regardless of whether you include them in your Listing and you agree not to use them (except in your Listing) without prior authorization from OWAMBE. If your OWAMBE Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that OWAMBE retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

8. Mark of Approval or Member Rating (ORIGINALLY ‘NO ENDORSEMENT’)

  1. OWAMBE does not endorse any Member, Listing or Property. You understand that Verified Images are intended only to indicate a photographic representation of the Property at the time the photograph was taken. Verified Images are therefore not an endorsement by OWAMBE of any Member, Listing or Property.
  2. Members are required by these Terms to provide accurate information. Although OWAMBE may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government registration, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
  3. By registering for an OWAMBE Account, you agree that OWAMBE may - but is not obligated to - request a consumer report on you from a Consumer Protection Council [DIGBA CONFIRM THIS IS THE CORRECT BODY]. If we do request a consumer report, we'll request and use it in compliance with applicable law, including the Consumer Protection Council Act.
  4. Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has provided requested relevant information for registration or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Owambe about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a vendor/owner or to accept or pre-approve a booking request from a Customer, or to have any other interaction with any other Member. Except as provided in the Owambe Host Guarantee Terms and Conditions ("Owambe Host Guarantee"), which is an agreement between Owambe and Vendors/Agents, we are not responsible for any damage or harm resulting from your interactions with other Members.
  5. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Owambe with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Vendor/Owner against Owambe regarding the remittance of payments received from a Customer by Owambe on behalf of a Vendor/Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

9. Bookings and Financial Terms

    • A. Key definitions

    • "Property Fees" means the amount due and payable to the property owner.
    • "Transaction Fees" means the amount due and payable for goods and services on the Owambe platform.
    • "Payment Method" means a payment method that you have added to your Owambe Account, such as a credit card, debit card, bank deposits or over the counter payments.
    • B. Booking and Financial Terms for Partners

    • When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) a link to the Customer's Owambe Account profile page, (iii) if the Customer and Vendor/Owner have both connected their Owambe accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Customer has provided other information to Owambe, such as a verified email address, connection to SNSs. When you confirm a booking requested by a Customer, Owambe will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
    • Interswitch Group will collect the Transaction Fees from Customers at the time of the booking (except to the extent that a refund is due to the Customer) and as further described in the Payments Terms.
    • Each Vendor/Owner agrees that Owambe may, in accordance with the cancellation policy selected by the Vendor/Owner and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund (via bank transfer) to the Customer that portion of the Property Fees specified in the applicable cancellation policy.
    • C. Bookings and Financial Terms for Customers

    • The Vendor/Owners are solely responsible for honoring any confirmed bookings and making available any Property reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Vendor/Owner for the booking of a Property, you agree and understand that you will be required to enter into an agreement with the Vendor/Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Property imposed by the Vendor/Owner. You acknowledge and agree that you, will be responsible for performing the obligations of any such agreements, that Owambe is not a party to such agreements, and that, with the exception of Owambe Payments' obligations pursuant to the Payments Terms, Owambe (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
    • The Fees payable will be displayed to a Customer before the Customer sends a booking request to a Vendor/Owner. Upon receipt of your booking request, Interswitch Group charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested booking is cancelled (i.e. not confirmed by the applicable Hos), any amounts collected by Owambe Payments will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer's Payment Method will be released, if applicable.
    • Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.
    • D. General Booking and Financial Terms

    • Cancellations and Refunds
    • If, as a Customer, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Property, the cancellation policy of the Vendor/Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Customer Fee is non-refundable regardless of the cancellation policy selected by the Host. Owambe Payments will initiate any refunds due pursuant to the Payments Terms.
    • f a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Owambe Payments will refund the Total Fees for such booking to the applicable Customer pursuant to the Payments Terms and (ii) the Customer will receive an email or other communication from Owambe containing alternative Listings and other related information. If the Customer requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Customer's requested booking, then the Customer agrees to pay Owambe the Total Fees relating to the confirmed booking for the Property in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Customer, have not received an email or other communication from Owambe, please contact Owambe.
    • If, as a Host, you cancel a confirmed booking, you agree that Owambe may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
    • In certain circumstances, Owambe may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Owambe's Extenuating Circumstances policy or for any other reason. Owambe may also determine, in its sole discretion, to refund to the Customer part or all of the amounts charged to the Customer in accordance with the Customer Refund Policy. You agree that Owambe and the relevant Customer or Host will not have any liability for such cancellations or refunds.
    • Booking Modifications
    • You as a Customer or Host are responsible for any modifications to a booking that you direct Owambe Customer Service to make ("Booking Modifications"), and you agree to pay any Property Fees, Customer Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

10. User Conduct

  1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
    • violate any local, state or national law or regulation, or any order of a court
    • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
    • access or use our Site, Application, Services or the Owambe API to use, expose, or allow to be used or exposed, any Owambe Content: (i) that is not publicly displayed by Owambe in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Owambe Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Owambe's users or any other third party;
    • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Owambe endorsement, partnership or otherwise misleads others as to your affiliation with Owambe;
    • dilute, tarnish or otherwise harm the Owambe brand in any way, including through unauthorized use of Collective Content, registering and/or using Owambe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Owambe domains, trademarks, taglines, promotional campaigns or Collective Content
    • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • infringe the rights of Owambe or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
    • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
    • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owambe Customer or Vendor/Owner;
    • offer, as a Vendor/Owner, any Property that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Properties as a Vendor/Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
    • register for more than one Owambe Account or register for an Owambe Account on behalf of an individual other than yourself;
    • unless Owambe explicitly permits otherwise, request or book a stay at any Property if you will not actually be staying at the Property yourself;
    • contact another Member for any purpose other than asking a question related to a Booking, Property, Listing, or the Member's use of the Site, Application and Services;
    • recruit or otherwise solicit any Vendor/Owner or other Member to join third-party services or websites that are competitive to Owambe, without Owambe's prior written approval;
    • recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
    • use the Site, Application, Services or Collective Content to find a Vendor/Owner or Customer and then complete a booking of a Property independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Owambe's provision of the Services or for any other reasons;
    • as a Vendor/Owner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
    • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
    • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Owambe's name, any Owambe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Owambe's express written consent;
    • access, tamper with, or use non-public areas of the Site, Application or Services, Owambe's computer systems, or the technical delivery systems of Owambe's providers;
    • attempt to probe, scan, or test the vulnerability of any Owambe system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Owambe or any of Owambe's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
    • advocate, encourage, or assist any third party in doing any of the foregoing; or
    • accept or make a payment for Property Fees outside Interswitch Group platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Owambe harmless from any liability for such payment.
  2. Owambe has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Owambe may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Owambe Account, for a violation of this Section or these Terms.
  3. Owambe may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Owambe or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Owambe Partner Guarantee (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Owambe, its users, or members of the public. You acknowledge that Owambe has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Owambe reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Owambe, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Privacy

You agree that Owambe's Privacy Policy (as may be updated from time to time) governs Owambe's collection and use of your personal information.

Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Owambe and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Owambe used on or in connection with the Site, Application, Services, and Owambe Content are trademarks or registered trademarks of Owambe in Nigeria and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Owambe Content are used for identification purposes only and may be the property of their respective owners. As a Vendor/Owner, Customer, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Owambe's.

Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Owambe ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Application License

Subject to your compliance with these Terms, Owambe grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Owambe reserves all rights in the Application not expressly granted to you by these Terms.

Owambe Content and Member Content License

Subject to your compliance with these Terms and Owambe's Trademark & Branding Guidelines, Owambe grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Owambe Content solely for your personal and commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Owambe or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Owambe promotional campaigns, you hereby grant to Owambe; a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Owambe does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Owambe promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Owambe promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Owambe the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Owambe's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Owambe promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Owambe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Owambe of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the Owambe platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Owambe and you hereby irrevocably assign to Owambe and agree to irrevocably assign to Owambe all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Owambe's request and expense, you will execute documents and take such further acts as Owambe may reasonably request to assist Owambe to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

Owambe respects copyright law and expects its users to do the same. It is Owambe's policy to terminate in appropriate circumstances the Owambe Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Owambe's Copyright Policy for further information.

Term and Termination, Suspension and Other Measures

    • A. Term

    • This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Owambe terminate the Agreement as described below.
    • B. Termination for convenience

    • You may terminate this Agreement at any time via the "Delete Account" feature on the Site or by sending us an email. If you cancel your Owambe Account as a Host, any confirmed bookings will be automatically cancelled and your Customers will receive a refund. If you cancel your Owambe Account as a Customer, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, Owambe may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
    • C. Termination for breach, suspension and other measures

    • Owambe may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Owambe Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Owambe believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Owambe or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    • In addition Owambe may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Owambe Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Owambe Account, or temporarily or permanently suspend your Owambe Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Customers, or (ii) Owambe believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Owambe or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    • In case of non-material breaches and where appropriate, you will be given notice of any measure by Owambe and an opportunity to resolve the issue to Owambe's reasonable satisfaction.
    • D. Consequences

    • If we take any of the measures described above we may (i) communicate to your Customers or Hosts that a pending or confirmed booking has been cancelled, (ii) refund your Customers in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) you will not be entitled to any compensation for confirmed bookings that were cancelled.
    • If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Owambe Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Owambe Account has been suspended or this Agreement has been terminated by us, you may not register a new Owambe Account or attempt to access and use the Site, Application and Services through other Owambe Accounts.
    • E. Survival

    • If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Disclaimers

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OWAMBE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OWAMBE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PROPERTYS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OWAMBE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTYS, HOSTS, CUSTOMERS, YOUR ACCRUAL OF OWAMBE TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OWAMBE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR CUSTOMERS. YOU UNDERSTAND THAT OWAMBE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY PROPERTYS. OWAMBE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OWAMBE. OWAMBE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.

imitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY PROPERTYS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OWAMBE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OWAMBE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL 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 FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWAMBE 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.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE OWAMBE PARTNER GUARANTEE, IN NO EVENT WILL OWAMBE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY OWAMBE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR TEN THOUSAND NAIRA (N10,000), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OWAMBE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold Owambe and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Property, or (iii) creation of a Listing; (d) the use, condition or rental of a Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Property; and (e) your participation in the Referral Program or your accrual of any Owambe Travel Credits.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Nigerian Law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported. You also will not use the Site, Application and Services for any purpose prohibited by Nigerian law or any applicable International Laws, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

Accessing and Downloading the Application from iTunes

  1. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
    • You acknowledge and agree that (i) these Terms are concluded between you and Owambe only, and not Apple, and (ii) Owambe, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
    • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
    • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Owambe and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Owambe.
    • You and Owambe acknowledge that, as between Owambe and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • You and Owambe acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Owambe and Apple, Owambe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
    • You and Owambe acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
    • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
  2. Owambe has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Owambe may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Owambe Account, for a violation of this Section or these Terms.
  3. Owambe may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Owambe or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Owambe Partner Guarantee (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Owambe, its users, or members of the public. You acknowledge that Owambe has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Owambe reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Owambe, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Entire Agreement

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Owambe (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Notices

You may not assign or transfer these Terms, by operation of law or otherwise, without Owambe's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Owambe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the Lagos State and the Federal Republic of Nigeria, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a High Court located in Lagos State for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

If you reside in Nigeria, you and Owambe agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding confidential mediation provided on the E-consumersolve.com Platform, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Owambe are each waiving the right to participate as a plaintiff/claimant or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Owambe otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Mediation Process. A party who desires to initiate confidential mediation must provide adequate notice to the other party using the E-consumersolve.com platform. The mediator will be either a licensed and recognized mediator to practice law in the Lagos State and Nigeria and will be selected by the parties from the E-consumersolve.com's roster of Panel of Neutrals. If the parties are unable to agree upon an Neutral within seven (7) days of delivery of the Notice of Mediation, then E-consumersolve.com will appoint the mediator .

Mediation Location and Procedure. Unless you and Owambe otherwise agree, the dispute resolution process will be conducted in Nigeria. If your claim does not exceed N10, 000, then the mediation will be conducted solely on the basis of documents you and Owambe submit to the mediator, unless you request a hearing or the mediator determines that a hearing is necessary. Subject to the Agreement of the parties, the mediator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the mediation.

Mediator s Decision. The decision reached by the parties will be binding and final. include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Owambe will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any filing, administrative and mediation fees will be solely as determined by E-consumersolve.com. However, if your claim for damages does not exceed N75, 000, Owambe will pay all such fees unless the mediator finds that either the substance of your claim or the relief sought in your Notice of Mediation was frivolous or was brought for an improper purpose.

Changes. Notwithstanding the provisions of the "Modification" section above, if Owambe changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Owambe's email to you notifying you of such change. By rejecting any change, you are agreeing that you will resolve any Dispute between you and Owambe in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Owambe to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Owambe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a mediator, arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.