TERMS & CONDITIONS
Important legal information and everything else you need to know about using this website.
Terms and Conditions
The terms, conditions and notices set forth herein (hereinafter the “Terms”) are between you and Transcorp Hotels Plc (hereinafter “Transcorp Hotels”). These Terms set forth the scope of your permissible use of the “Solution” and “Application” (defined below).
The Solution is an application for mobile devices and computers that provides you convenient access to Hotels’ information, amenities and e-concierge services. To make these Terms easier to read, the Solution and all services provided via the Solution are hereinafter collectively referred to as the “Application”.
Please read these Terms carefully, since they establish a binding agreement between you and the Transcorp Hotels regarding your use of the Application and all aspects thereof. Your use of the Application is conditioned on your acceptance without modification of these Terms. Your acceptance includes the Application as currently downloaded and all modifications, upgrades, and new versions that can be accessed without acquiring a replacement Application. By clicking “I Agree” below, you acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to the Terms, do not use the Application.
There is no fee for use of the Application, but you may incur fees for Internet access and roaming charges and for any goods or services purchased using the Application. You are financially responsible for all fees incurred for Internet access and roaming and for goods or services purchased using the Application by you and others accessing the Application from your Account.
HOW THE APPLICATION FOR HOTEL SERVICES WORKS
The Application provides information about Transcorp Hotels Plc including photos, videos, descriptions, maps, and directions. With an Account with Transcorp Hotels Plc (as defined below) the Application may also be used to make reservations for rooms, dining, spa and certain other activities at Transcorp Hotels, to check-in, check-out, view your folio and create and modify your profile including billing account information with Transcorp Hotels Plc, you may be able to make requests for products and services from the Hotel during your stay
WHO CAN USE THE APPLICATION?
You may use the Application only if you are 18 years or older and capable of forming a binding contract with Transcorp Hotels and are not barred from using the Application under applicable law. By downloading and using the Application, you warrant that you are at least 18 years of age and possess the legal authority to enter into these Terms and to use the Application in accordance with these Terms. You agree to abide by the Terms herein, and as applicable, any third party terms, including in connection with any and all purchases you make of goods or services (including but not limited to reservations for hotel services) or other transactions you enter with the Application, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding rates, services, products or amenities.
The Application enables you to enter into agreements and make transactions electronically. You acknowledge that your electronic submissions through the Application constitute your agreement and intent to be bound by such terms, including cancellation and refund policies, and to pay for any related transactions.
CANCELLATION POLICY FOR TRANSACTIONS
All standard cancellation policies for rooms and amenities offered by a Hotel apply to any reservations, orders or purchases of goods or services from such Hotel made with the Application. By reserving, ordering or otherwise purchasing goods or services with the Application from Transcorp Hotel, you agree to be bound by all of the Hotel’s standard cancellation policies and by any other policies that may apply. Failure to provide timely cancellation notice for goods or services ordered or reserved from Hotel may result in a cancellation penalty charged to your room or credit card, at the sole discretion of the Hotel. Any cancellation on guaranteed booking received after 4.00pm on the date of arrival will attract 50% charge and 100% will be chargeable on cancellation after 6.00pm on the date of arrival.
You may have an existing account or establish an account to transact Transcorp Hotels Plc (“Account”). If you have an Account, do not reveal your Account information (including password) to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, whether or not you know about them, and you agree to notify Transcorp Hotels Plc immediately of any security breach of your Account. Transcorp Hotels will not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate, complete and up-to-date information when you establish an Account, and to revise your Account registration data, as needed, to keep it accurate, complete and up-to-date. Transcorp Hotels Plc may store and use the Account registration data you provide for use in maintaining and billing fees to your Account. Transcorp Hotels, in their sole discretion, may suspend or terminate your Account.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Application.
CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
Transcorp Hotels and its licensors exclusively own all right, title and interest in and to the Application and Content, including all associated intellectual property rights. You acknowledge that the Application and Content are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria.
RIGHTS IN CONTENT GRANTED BY PROVIDERS
Subject to your compliance with these Terms, Transcorp Hotels grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely for your personal and non-commercial purposes in connection with your permitted use of the Application and consistent with these Terms.
LICENSE TO THE APPLICATION
Subject to your compliance with these Terms, Transcorp Hotels grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Application on an unlimited number of mobile devices or computers that you own or control. Please note that the marketplace or store from which you receive the Application may have its own restrictions regarding the number of copies you may install. The Application is for your personal, noncommercial use. Transcorp Hotels reserve all rights in and to the Application not expressly granted to you under these Terms.
If you accessed or downloaded the Application from the Apple Store, then you agree to use the Application only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Store”), then you acknowledge and agree that:
• These Terms are concluded between you and the providers, and not with App Store, and that, as between the Providers and the App Store, Providers, are solely responsible for the Application.
• App Store has no obligation to furnish any maintenance and support services with respect to the Application.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify App Store and App Store will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, App Store will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an Application to conform to any warranty will be the sole responsibility of the Providers.
• App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, the Providers 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.
• App Store and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the Application.
GENERAL PROHIBITIONS AND ENFORCEMENT RIGHTS
In connection with your use of the Application or Content or exercise of any rights under these Terms, and except as provided herein or as otherwise agreed to in writing by the Providers, you agree not to do any of the following:
• Post, upload, publish, submit, or transmit any Content;
• Infringe , misappropriate or violate a third party’s patent, copyright, trademark, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• Use the Providers’ patents, copyrights, trademarks, service marks, logos, trade secrets, moral rights or other intellectual property or proprietary information (hereinafter “Providers’ IP”), including but not limited to in or as part of meta tags or other hidden text or metadata;
• Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or Content;
• Infringe, violate or otherwise interfere with or challenge Providers’ rights in the Application, Content or Providers’ IP;
• Engage in or encourage any conduct that (i) violates, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, create derivate works from, transfer, lease, lend, rent or sell the Application, any information, software or hardware obtained through use of the Application;
• Display, mirror or frame the Application or any individual element within the Application, including but not limited to the layout and design of any page or form contained on the Application;
• Make the functionality of the Application available to multiple users through any means;
• Decipher, decompile, disassemble or reverse engineer any of the software used in connection with the Application or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Application;
• Access, tamper with, or use non-public areas of the Application, any computer systems, or technical delivery systems related to the Solution. ;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Providers or any of the Providers’ providers or any other third party (including another user) to protect the Application or Content;
• Attempt to access or search the Application or Content or download Content from the Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Providers or other generally available third-party web browsers;
• Use the Application or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party;
• Use the Application or Content to send altered, deceptive or false source-identifying information;
• Collect or store any personally identifiable information from the Application from other users of the Application without their express permission;
• Access, tamper with, or use non-public areas of Providers’ computer systems, or the technical delivery systems of the Providers’ providers;
• Attempt to probe, scan or test the vulnerability of any Providers’ system or network or breach any security or authentication measures;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation¸ including any U.S. or foreign export laws or regulations, including by exporting or re-exporting or using for any purpose the Application or any technical data related thereto directly or indirectly in violation of or in a manner otherwise prohibited by such laws and regulations; or
• Encourage or enable any other individual to do any of the foregoing.
Although the Providers are not obligated to monitor access to or use of the Application or Content or to review or edit any Content, the Providers have the right to do so for the purpose of operating the Application, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. The Providers reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if Providers, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. The Providers have the right to investigate violations of these Terms or conduct that affects the Application. Providers may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Transcorp Hotels reserve the right to modify, suspend, or discontinue the Application (or any part or content thereof) or your right to use the Application or Content at any time, with or without notice to you, and the Providers will not be liable to you or to any third party should Providers exercise such rights.
As noted above, Transcorp Hotels may, in its sole discretion, cancel your Account at any time. You may cancel your Account at any time by sending an email to <firstname.lastname@example.org>.
You will indemnify and hold harmless Transcorp Hotels and their officers, managers, directors, employees, licensees, contractors, affiliates, and agents (collectively the “Provider Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Application or Content or your Account information or (ii) your violation of these Terms.
DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WITHOUT LIMITING THE FOREGOING, TRANSCORP HOTELS MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE APPLICATION, THE CONTENT. IN ADDITION, THE PROVIDER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, AND QUIET ENJOYMENT.
EXCEPT AS SET OUT BELOW WITH RESPECT TO TRANSCORP HOTELS, TRANSCORP HOTELS DISCLAIM ANY AND ALL LIABILITIES RELATING TO THE PRODUCTS AND SERVICES YOU MAY VIEW OR PURCHASE FROM THE APPLICATION. SHOULD YOU HAVE ANY ISSUES WITH THE PRODUCTS OR SERVICES PROVIIDED OR VIEWED VIA SECTION, YOU AGREE THAT YOUR ONLY RECOURSE IS WITH THE MERCHANT WHO PROVIDED THE PRODUCT OR SERVICES, AND NOT TRANSCORP HOTELS. NOTWITHSTANDING THE FOREGOING, THIS DISCLAIMER DOES NOT APPLY TO TRANSCORP HOTELS
TRANSCORP HOTELS DOES NOT REPRESENT OR WARRANT THAT USE OF THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVER THAT MAKES THE APPLICATION AVAILABLE IS OR WILL REMAIN FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. TRANSCORP HOTELS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APPLICATION IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TRANSCORP HOTELS DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION OR CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TRANSCORP HOTELS SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
LIMITATION OF LIABILITY AND WAIVER
UNDER NO CIRCUMSTANCES WILL TRANSCORP HOTELS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APPLICATION; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE THE APPLICATION OR CONTENT (D) THE PERFORMANCE OF THE APPLICATION (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PROVIDER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APPLICATION, CONTENT; (F) ANY ERRORS OR OMISSIONS IN THE APPLICATION’S (G) YOUR ACCOUNT INFORMATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF TRANSCORP HOTELS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APPLICATION). IN NO EVENT WILL TRANSCORP HOTELS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TRANSCORP HOTELS LIABILITY OR RESPONSIBILITY FOR PRODUCTS AND SERVICES PROVIDED BY THE HOTELS IS LIMITED TO DAMAGES ARISING FROM THEIR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR REMEDY IS LIMITED TO REPLACEMENT OF SUCH PRODUCTS OR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRANSCORP HOTELS AND YOU.
THIRD-PARTY SITES AND MATERIALS
The Application contains links to web sites and resources operated by parties other than the Providers which may provide goods and/or services. Such links are provided for your convenience only. The Providers do not control such web sites and resources and are not responsible for their content or accuracy and the Providers make no warranties regarding and will not have any liability or responsibility for any third-party websites, for links displayed on such websites or for any third parties’ materials, products, or services which are purchased by you. The inclusion in the Application of links to such web sites does not imply any endorsement or accuracy of the material on such web sites or any association with their operators. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. Should you have any issues with the products or services provided by third parties, you agree that your only recourse is with the merchant who provided such products or services and not with the Providers.
CHANGES TO THESE TERMS
Transcorp Hotels may, in its sole discretion, change and modify from time to time the terms of these Terms or the Application, services, materials, programs, policies or other information described herein. If Transcorp Hotels does so, Transcorp Hotels will let you know either by posting the modified Terms on any app store or through other communications. It’s important that you review the Terms whenever Transcorp Hotels modify them because if you continue to use the Application after Transcorp Hotels have posted modified Terms on <any application store>, you are indicating to Transcorp Hotels that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Application after such modifications have been made.
DISPUTE RESOLUTION AND GOVERNING LAW
Any disputes, claims or proceedings arising out of or in any way relating to the materials or the Site shall be governed by the laws of the Federal Republic of Nigeria. The Nigerian Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the materials or the Site. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Transcorp Hotels Plc may at any time and without liability modify, suspend or discontinue the Site or any materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. These Terms and Conditions constitute the entire agreement between you and Transcorp Hotels Plc with respect to the use of the Site
You may not assign or transfer these Terms, by operation of law or otherwise, without Transcorp Hotels written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Transcorp Hotels may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Transcorp Hotels under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
If you have any questions about these Terms or the Application, please contact Providers at email@example.com
1 Aguiyi Ironsi Street,