Terms of Use
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you (User), of applications, websites, content, products, and services (the “Services”) offered on or through www._________ or the Company’s mobile application (the “Site”), made available by SOFTLET HOMES LIMITED and its subsidiaries collectively (“SOFTLET” “Company” or “We” or “Us”), and are hereby accepted as constituting a legally binding agreement by and between you and the Company.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and SOFTLET. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Company’s services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. You must register an account to access and use many features of the SOFTLET Site, and must keep your account information accurate.
SOFTLET may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.
Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Our collection and use of personal information in connection with the Services is as provided in SOFTLET’s Privacy Policy located at (insert website). SOFTLET may provide to a claims processor or an insurer any necessary information (including your contact information), if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.
We have our Customer Support team available 24/7, if you have any questions regarding the Site or Terms of Service, you can contact our team by submitting a request to (insert email or website).
2. THE SERVICES
SOFTLET offers a digital platform that enables users of SOFTLET’s mobile applications or websites to access lodging, homestays for vacation rentals and tourism activities (Services). SOFTLET allows users to publish, offer, search for, accept and book for the Services via its mobile applications or websites. Users who publish and offer Services are referred to as “HomeOwners” and each HomeOwner offers their services via a “Listing”). Users who search for, accept, book or use services are referred to as “Guests”.
Guests will create an account, select the preferable Service and make payments. SOFTLET reserves the right to hold unto payments until arrival of Guest at the Accommodation and confirmation of the features provided on the Listing. Upon confirmation, SOFTLET will remit such payments to the HomeOwner, after deducting its Service Charge.
YOU ACKNOWLEDGE THAT SOFTLET DOES NOT DOES NOT OWN, CONTROL, OFFER OR MANAGE ANY OF THE LISTINGS OR SERVICES PROVIDED BY THE HOMEOWNER. ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT
EMPLOYED BY SOFTLET OR ANY OF ITS AFFILIATES. SOFTLET IS NOT A PARTY TO THE CONTRACTS CONCLUDED DIRECTLY BETWEEN HOMEOWNERS AND GUESTS, NOR IS SOFTLET A REAL ESTATE BROKER OR INSURER. SOFTLET IS NOT ACTING AS AN AGENT IN ANY CAPACITY FOR ANY USER.
If you are a HomeOwner, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Services.
2.1. License.
Subject to your compliance with these Terms, SOFTLET grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by SOFTLET and SOFTLET’s licensors.
Only registered users may carry out transactions on the SOFTLET Site. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent obtained from SOFTLET.
You shall not enter into direct and/or indirect offers, negotiations with Home Owners on the Site to receive Services provided on the Site outside of the Site, except as provided within this Terms of Use.
Users shall not offer or accept payments using any method other than the medium provided by SOFTLET on the Site.
Users undertake to comply with SOFTLET’s Community Standards set out herein.
2.2. Provision of the Services.
You acknowledge that the Services available on the Site are provided by persons who are HomeOwners or have been verified to be in a position of authority to provide the Services of the actual HomeOwner (Apartment Managers or Certified Agents) and registered on the SOFTLET Site.
2.3. Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that SOFTLET does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SOFTLET does not endorse such third party services and content and in no event shall SOFTLET be responsible or liable for any products or services of such third party providers.
2.4 Booking.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like SOFTLET’s service fee, offline fees, taxes, and any other items listed during checkout. You are also agreeing that SOFTLET may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Services is formed directly between you and the HomeOwner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the HomeOwner. Be aware that some Home Owners work with partners or as part of a team to provide their Services.
2.4.1 Booking Modifications.
Guests and Home Owners are responsible for any booking modifications they agree to make via the SOFTLET Site (“Booking Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
2.5 Reservation of Accommodation.
When SOFTLET reserves an Accommodation for You, a limited license to enter, occupy, and use the Accommodation is granted. However, the HomeOwner retains the right to re-enter the Accommodation during your stay, to the extent that: (i) it is reasonably necessary, (ii) permitted by your contract with the HomeOwner, and (iii) consistent with applicable law. If you stay past checkout, the HomeOwner has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
2.6 Cancellations and Refunds
In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, you may be eligible for a partial or full refund depending on the circumstances. If the HomeOwner cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy.
3. FEES.
SOFTLET may charge fees (and applicable Taxes) to HomeOwners and Guests for use of the SOFTLET Site. SOFTLET shall charge a 7% Service Charge in addition to the fee for Accommodation. This service charge shall be non-refundable. After you have reserved your Accommodation, SOFTLET will facilitate the payment of the applicable Charges to the Third Party Provider upon reasonable confirmation that the Services
have been provided as Listed, as such Third Party Provider’s limited payment collection agent, after which SOFTLET will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. This is subject to the making of payments or subscription before such service is rendered or Products is obtained. Charges will be inclusive of applicable taxes where required by law.
SOFTLET reserves the right to change the service charge at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Clause 7.5.
Also, a HomeOwner may have a requirement for the payment of a Caution fee or Damage Deposit, this will be remitted to the HomeOwner in the case of verification of a damage. However, where no damage is reported, SOFTLET shall refund the fee to the Guest.
4. SOFTLET GENERAL USER RULES.
Note: You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone, or pretend to be someone
else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others in any way or in any form or on any grounds.
Do not scrape, hack, reverse engineer, compromise or impair the SOFTLET Site.
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the SOFTLET Site.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the SOFTLET Site or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the SOFTLET Site.
Do not take any action that could damage or adversely affect the performance or proper functioning of the SOFTLET Site.
Only use the SOFTLET Site as authorized by these Terms or another agreement with us.
You may only use another User’s personal information as necessary to facilitate a transaction using the SOFTLET Site as authorized by these Terms.
Do not use the SOFTLET Site, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the SOFTLET Site solely as necessary to enable your use of the SOFTLET Site as a Guest or Home Owner.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the SOFTLET Site to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by SOFTLET.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Services unless you are actually using the Services.
Do not use, copy, display, mirror or frame the SOFTLET Site, any Content, any
SOFTLET branding, or any page layout or design without our consent.
Honor your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
Do not use the name, logo, branding, or trademarks of SOFTLET or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with SOFTLET branding.
Do not offer Services that violate the laws or agreements that apply to you.
Do not offer or solicit prostitution or participate in or facilitate human
trafficking.
Users may be removed by SOFTLET from the Site for violations of these rules of Service and/or our Community Standards.
5. SPECIFIC TERMS FOR HOMEOWNERS 5.1 Providing the Services.
SOFTLET offers HomeOwners, a platform to provide accommodation offerings or other Services to Guests at their convenient price. This is done through creating a Listing and there is the autonomy to set the dynamics for availability, creating customized hosting experiences and rules for each Listing. The Listing will include but is not limited to information on the Accommodation, the amenities available and the cost per night. All Listings are verified by SOFTLET. HomeOwners are prohibited from double listing Accommodations. The ranking of Listings in search results on the
SOFTLET Site depends on a variety of factors, including but not limited to these parameters:
Guest search parameters (e.g. number of Guests, time and duration of the trip, price range); Listing characteristics (e.g. price, calendar availability, Reviews, type of Service, average Guest popularity); Guest booking experience (e.g. customer service and cancellation history of the Home Owner, ease of booking); Home Owner requirements (e.g. minimum or maximum nights, booking cut-off time), and Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).
Search results may appear differently on our mobile application than they appear on our website. SOFTLET may allow Home Owners to promote their Listings in search or elsewhere on the SOFTLET Site by paying an additional fee.
The HomeOwner creates a profile by filling out the Know Your Client (KYC) form and uploads a valid means of identification. All profiles shall have a Profile Strength and this is consequential to the activities of the User on the Site.
5.2 Transactions with Guests.
Upon accepting a booking request, or receiving a booking confirmation through the SOFTLET Site, you automatically enter into a contract directly with the Guest, and are responsible for delivering your Service under the terms and at the price specified in your Listing. SOFTLET also becomes entitled to its service fee (and the applicable taxes) and You agree to its deduction before payment is remitted to You. If any amount was outstanding, SOFTLET will deduct such amount from your payout unless We and You agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independent Contractors.
YOUR RELATIONSHIP WITH SOFTLET IS THAT OF AN INDEPENDENT CONTRACTOR OR ENTITY AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER, OR PARTNER OF SOFTLET. SOFTLET DOES NOT DIRECT OR CONTROL YOUR SERVICE AND YOU AGREE THAT YOU HAVE COMPLETE DISCRETION WHETHER AND WHEN TO PROVIDE SERVICES AND AT WHAT PRICE AND ON WHAT TERMS TO OFFER THEM.
This means that You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the SOFTLET Site. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the SOFTLET Site.
5.4 Managing Your Listing.
The SOFTLET Site is designed to make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Service, your price, other charges like cleaning fees, resort fees, security deposits, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. Do not offer more than one Listing per Accommodation, however, you may have multiple Listings for a single property if it has multiple Accommodations.
5.5 Legal Responsibilities.
You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Services this includes but not limited to leases or homeowner and condominium association rules, which restrict
or prohibit subletting, short-term rentals and/or longer-term stays. Also, some jurisdictions may require Home Owners to register, get a permit, or obtain a license before providing certain Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle); or require that you register Guests who stay at your Accommodation. Ensure to check your local rules to learn what rules apply to the Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply, you should always seek legal advice.
5.6 Hosting as a Team or Company.
If you work with a partner or host as part of a team, business, or company, the entity and each individual who participates in providing Services is responsible and liable as a Home Owner under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct SOFTLET to transfer a portion of your payout to a partner or other HomeOwners, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
5.7 Bearing of Risks.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the SOFTLET Site, offering Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the SOFTLET Site and any laws,
rules, regulations, or obligations that may be applicable to your Listings or Services and that you are not relying upon any statement of law made by SOFTLET.
6. SPECIFIC TERMS FOR GUESTS
Your Obligations.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
7. GENERAL TERMS
7.1 Reviews.
After each Service, Guests and Home Owners will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by SOFTLET for accuracy and may be incorrect or misleading.
7.2 Content.
Parts of the SOFTLET Site enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant SOFTLET a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information,
our Privacy Policy describes how we use that personal information. Where SOFTLET pays for the creation of Content or facilitates its creation, SOFTLET may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant SOFTLET the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that SOFTLET may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. SOFTLET does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.
7.3 Reporting Violations.
If you believe that a User, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting SOFTLET. In addition, if you believe that a User, Listing or Content has violated our Standards, you should report your concerns to SOFTLET. If you reported an issue to local authorities, SOFTLET may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
7.4 Copyright Notifications.
If you believe that Content on the SOFTLET Site infringes copyrights, please notify us in accordance with our Copyright Policy.
7.5 Termination, Suspension and other Measures. 7.5.1 Term.
The agreement between you and SOFTLET reflected by these Terms is effective when you access the SOFTLET Site (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
7.5.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account. SOFTLET may terminate this agreement and your account for any reason via email or using any other contact information you have provided for your account. SOFTLET may also terminate this agreement immediately and without notice and stop providing access to the SOFTLET Site if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect SOFTLET, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
We may also suspend your SOFTLET Account and your access to SOFTLET services and any funds, or terminate this Agreement, if;
You do not comply with any of the provisions of this Agreement;
We are required to do so by a Law;
We are directed by a Card Network or issuing financial institution; or A suspicious or fraudulent transaction occurs
7.5.3 User Violations.
If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) SOFTLET believes it is reasonably necessary to protect SOFTLET, its Users, or third parties; SOFTLET may, with or without prior notice:
suspend or limit your access to or use of the SOFTLET Site and/or your account; suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as SOFTLET determines in its sole discretion, you will be given notice of any intended measure by SOFTLET and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the HomeOwner will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
7.5.4 Legal Responsibility.
SOFTLET may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Clause 7.5.3.
7.5.6 Effect of Termination.
If you are a HomeOwner and terminate your SOFTLET account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the SOFTLET Site has been limited, or your SOFTLET account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the SOFTLET Site through an account of another User.
7.5.7 Survival.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including the whole of Clause 7.
7.6 Resolving Complaints and Damage Claims.
If a User provides evidence that another User damaged their real or personal property (“Damage Claim”), the complaining User can seek compensation through the Dispute Resolution Center. If the complaining User escalates a Damage Claim to SOFTLET, the other User will be given an opportunity to respond. If the responding User agrees to pay, or SOFTLET determines in its sole discretion that they are responsible for the Damage Claim, SOFTLET can collect any sums required to cover the Damage Claim from the responding User and/or against any security deposit. You agree that SOFTLET may seek to recover from you under any insurance policies you maintain and that SOFTLET may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information SOFTLET requests, execute documents, and take further reasonable action, in connection with Damage Claims, User complaints, claims under insurance policies, or other claims related to your provision or use of Services.
7.7 Non-Circumvention.
Users agree not to circumvent SOFTLET directly or indirectly, or through the use of third parties, in an effort to obtain or prevent SOFTLET from obtaining its Percentage commission fee or any other form of consideration or remuneration to which that party may be entitled while this Agreement is in force. The Users also undertake not to make use of any third party to circumvent this paragraph.
7.8 Confidentiality And Non-Disclosure.
HomeOwners agree to treat any information received from Guests as confidential.
Without derogating from the generality of the above, HomeOwners specifically agree that whatever information they receive from the Guest, which is not public domain shall (i) be maintained in strict confidence; (ii) not be disclosed to any third parties; (iii) not be used for any purpose except for delivering the ordered project; and (vi) not be copied or reproduced without the Guest’s permission.
Failure to abide by this Clause may attract a recall on the payment for the project.
Users who engage and communicate outside of the SOFTLET platform shall not be protected by this Confidentiality Clause.
7.9 Limitation of Liability.
IN NO EVENT WILL SOFTLET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF HOMEOWNER, SOFTLET AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF HOMEOWNER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS ON OUR LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT WE, OUR RELATED ENTITIES, OUR AFFILIATES OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
7.10 Indemnity.
You agree to defend, indemnify, and hold SOFTLET, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
7.11 Updates, Modifications & Amendments.
We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page. Amendments will be effective upon SOFTLET’s posting of such
updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
We advise that you check this page often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this Terms of Service, you must cease using our website and/or services immediately.
7.12 Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User being “verified” (or similar language) indicate only that the User or SOFTLET has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the SOFTLET Platform. SOFTLET may, temporarily and under consideration of the Users’ legitimate interests (e.g. by providing prior notice), restrict the availability of the SOFTLET Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the SOFTLET Platform.
7.13 Applicable Law.
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
7.14 Legal Disputes.
We shall make an effort to settle all disputes amicably. Any dispute arising out of this |
Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) |
month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door |
Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A18, |
Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of |
us (we and you), where both of us are unable to agree on the choice of an arbitrator,
the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator
and subsequent award shall be binding on both of us. Each of us shall bear our
respective costs in connection with the Arbitration. Venue for the arbitration shall be
Lagos, Nigeria. The language of the arbitration shall be English Language.
7.15 No Waiver.
SOFTLET’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
7.16 Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without SOFTLET’s prior written consent. SOFTLET may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Clause 7.5 remains unaffected.
7.17 Notice.
Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by SOFTLET via email, SOFTLET Platform notification, messaging service, or any other contact method we enable you to provide.
7.18 Force Majeure.
SOFTLET shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
7.19 Severability
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
7.20 Miscellaneous
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.