TERM AND CONDITIONS
INTRODUCTION
Cape TravApp Limited hereinafter referred to as “the Company” is a private limited liability company incorporated with the Corporate Affairs Commission under the laws of the Federal Republic of Nigeria to provide Travel and Tour Services, travel advisory, Tech services and other relevant sector specific services. Contained herein are the terms and conditions to guide and regulate the services provided by the company to its customers, the usage of this website by customers and visitors, the supply and usage of data and personal information of customers, intellectual rights, ways, and mechanism for settling grievances, amongst other things.
AGREEMENT TO TERMS
The following is a legally binding agreement between you and CapeTravApp (“CapeTravApp”, “the company”) regarding your access and use of the website www.CapeTravApp.com and any other related media forms, channels, mobile websites, or mobile applications (collectively known as the “Site”). By accessing the Site, you agree to be bound by all of these Terms of Use. If you disagree with any of these terms, you are prohibited from using the Site and must stop using it immediately.
Additional terms and conditions or documents posted on the Site will be incorporated into these Terms of Use. The Company has the right to modify or change these Terms of Use at any time and for any reason at our sole discretion. The Company will update the “Last updated” date of these Terms of Use to notify you of any changes made. It is your responsibility to periodically review these Terms of Use to stay updated. By continuing to use the Site after changes to the Terms of Use, you will be deemed to have accepted those changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in a jurisdiction where such distribution or use would be against the law or regulation. Those who access the Site from other locations are responsible for compliance with local laws.
The Site is intended for use by individuals who are at least 18 years old. If you are a minor in your jurisdiction, you must obtain permission and supervision from your parent or guardian to use the Site. Your parent or guardian must read and agree to these Terms of Use on your behalf.
SERVICES
The company is registered as a travel and tour company and licensed to provide visa application services, flight reservation services, hotel accommodation reservation services, organization of tour programs, among others as therein contained in its Memorandum and Article of Association.
PERSONAL DATA
To process application, the company collects and stores some personal data of the client. The company may collect the following information: name, phone number, email addresses, business name, office/workplace addresses, website address, fax number, business description, zip code, and all uploaded files and credentials and other information you would like to disclose relating to your business registration, passwords to access your account, reviews from users/customers and financial information. Registration of account/ business with the Company may be delayed as a result of the verification procedure by the company
INTELLECTUAL PROPERTY RIGHTS
Unless specifically stated otherwise, the Site and its content is exclusively owned by the company and includes all source code, databases, software, website designs, audio, video, text, photographs, and graphics found on the Site (collectively, known as “Content”), as well as the trademarks, service marks, and logos present on the Site (known as “Marks”), which are either owned or controlled by us or licensed to us, and are protected by various intellectual property laws including copyright and trademark laws in Nigeria.
The Content and Marks present on the Site are intended for your personal use and are provided “AS IS”. Unless explicitly allowed in these Terms of Use, no portion of the Site, Content or Marks may be copied, aggregated, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or exploited for any commercial purpose without our prior written permission.
If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print any part of the Content that you have legally gained access to for your personal, non-commercial use. We reserve all rights that have not been expressly granted to you in relation to the Site, Content, and Marks.
USER WARRANTEE
By using this site, a user hereby warrants as follows
- That all registration information you submit will be true, accurate, current, and complete;
- That you will maintain the accuracy of such information and promptly update such registration information as necessary;
- That you have the legal capacity and you agree to comply with these Terms of Use;
- That you are not under the age of 18;
- That you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
- That you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- That you will not use the Site for any illegal or unauthorized purpose; and
- That your use of the Site will not violate any applicable law or regulation.
The Company reserves the right to suspend or terminate your account and/or refuse any and all current or future use of the Site or any portion thereof If you provide any information that is untrue, inaccurate, not current, or incomplete.
USER REGISTRATION
To use the Site, you might need to create an account. It is your responsibility to keep your password secure and you will be held accountable for any actions taken using your account. We have the right to modify, recover, or change any username you create if we decide, at our sole discretion, that the name is unsuitable, indecent, or offensive.
SERVICES AND PAYMENT
The Company accepts the following forms of payment:
- PayStacks
- FlutterWave
- Mastercard
- Visa
By making purchases service through the Site, you are agreeing to provide accurate, current, and complete account and payment information. You must keep your payment and account details up to date, including your email address, payment method, and payment card expiration date, so that we can process your transactions and contact you if necessary. The company may add sales tax to the purchase price as required by the company, and we reserve the right to change prices at any time. Payments must be made in Nigerian Naira unless otherwise stated.
You are responsible for paying all charges at the current prices for your purchases. When you place an order, you authorize the company to charge your chosen payment method for the total amount due. We may correct pricing errors or mistakes, even after we have received payment.
The company reserves the right to reject any order placed on the Site. The company may also limit or cancel quantities purchased per person, per household, or per order, including orders placed under the same customer account or payment method, and/or orders that use the same billing or shipping address. We may also restrict orders that we determine, in our sole discretion, to have been placed by dealers, resellers, or distributors
RETURN/REFUNDS POLICY
The return/refund policy are herein contained on this site and we advise that you kindly read it.
PROHIBITED ACTIONS
Access and use of this site is restricted for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial activities except those that are specifically allowed or approved by the Company
- Do not extract data or content from the Site to create a collection, compilation, database, or directory without our written permission.
- Do not make unauthorized use of the Site, including collecting usernames and email addresses for unsolicited emails, creating fake user accounts, or using the Site under false pretenses.
- Do not use a buying agent or purchasing agent to make purchases on the Site.
- Do not engage in unauthorized framing or linking to the Site.
- Do not circumvent, disable, or interfere with any security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site.
- Do not trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Do not make improper use of our support services or submit false reports of abuse or misconduct.
- Do not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Do not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Do not attempt to impersonate another user or person or use the username of another user.
- Do not sell or transfer your profile.
- Do not use any information obtained from the Site to harass, abuse, or harm another person.
- Do not use the Site for any revenue-generating endeavor or commercial enterprise or to compete with us.
- Do not attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Do not attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
- Do not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Do not delete the copyright or other proprietary rights notice from any content.
- Do not copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Do not upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the Site’s operation or maintenance.
- Do not upload or transmit any material that acts as an information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices.
- Do not use any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or uses or launches any unauthorized script or other software.
- Do not disparage, tarnish, or harm us and/or the Site in our opinion.
- Do not use the Site in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
If you choose to access any of our services through a mobile application, we provide you with a limited right to install and use the mobile application on your wireless electronic devices that you own or control. This right is revocable, non-exclusive, non-transferable, and subject to the terms and conditions outlined in the mobile application license contained within these Terms of Use. To ensure compliance, please note that you may not:
(1) attempt to reverse engineer, decompile, disassemble, decrypt, or derive the source code of the application; (2) create any derivative works or modifications of the application; (3) violate any laws, rules, or regulations applicable to your use of the application; (4) remove or obscure any proprietary notice, including copyright or trademark notices, posted by us or our licensors; (5) use the application for any commercial purpose or revenue-generating endeavor not intended or designed by the application; (6) make the application available over a network or multiple devices or users at the same time; (7) use the application to create a competitive product, service, or software or a substitute for the application, directly or indirectly; (8) use the application to send unsolicited commercial emails or automated queries to any website; or (9) use any of our proprietary information, interfaces, or intellectual property in the design, development, manufacture, licensing, or distribution of any accessories, devices, or applications for use with the application
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access any services we are Offering
- The license granted to you for our mobile application is limited and non-transferable. You may use the application only on a device that runs on Apple iOS or Android operating systems and in accordance with the usage rules specified in the relevant App Distributor’s terms of service.
- We are responsible for providing any maintenance and support services for the mobile application as outlined in the terms and conditions of this mobile application license contained in these Terms of Use. You acknowledge that App Distributors have no obligation to provide maintenance and support services for the mobile application.
- If the mobile application fails to conform to any applicable warranty, you may notify the relevant App Distributor. The App Distributor may refund the purchase price, if any, according to its terms and policies. To the extent permitted by law, the App Distributor will have no further warranty obligation for the mobile application.
- SOCIAL MEDIA
The Site offers the option to link your account with Third-Party Accounts you have with other service providers. You can do this by either giving us your Third-Party Account login information or allowing us to access your Third-Party Account as allowed under the applicable terms and conditions. By linking your account with Third-Party Accounts, you represent and warrant that you are authorized to disclose your login information and grant us access to the Third-Party Account without violating any terms and conditions or imposing any fees or usage limitations on us. When you link your account with Third-Party Accounts, we may access, make available, and store any content that you have provided to and stored in your Third-Party Account.
We may also submit and receive additional information from your Third-Party Account. Depending on your privacy settings, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. If a Third-Party Account becomes unavailable, Social Network Content may no longer be available on the Site. You can disconnect the link between your account and your Third-Party Accounts at any time. Our access to your email address book and contacts list is solely for the purpose of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate this connection by contacting us or using your account settings. We do not review any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture associated with your account. Your relationship with the Third-Party Service Providers is governed solely by your agreements with them
CONTRIBUTION
By using the Site, you agree that any feedback, ideas, comments, suggestions, or other information you provide to us will become our sole property and non-confidential. We will own all exclusive rights, including intellectual property rights, and may use and share these Submissions for any lawful purpose, including commercial use, without any acknowledgement or compensation to you. You waive all moral rights to any Submissions, and you represent and warrant that the Submissions are either original or that you have the right to submit them.
You acknowledge that you have no recourse against us for any actual or alleged infringement or misappropriation of proprietary rights in your Submissions.
ADVERTISERS
On certain areas of the Site, such as sidebar or banner advertisements, we allow advertisers to display their ads and other information. As an advertiser, you are fully responsible for any ads you place on the Site, as well as any services or products sold through those ads. By placing ads on the Site, you warrant and represent that you have all necessary rights and authority, including intellectual property, publicity, and contractual rights, to do so. Our role is limited to providing the space for such ads, and we have no other connection or affiliation with advertisers.
SITE MANAGEMENT
We reserve the right to take appropriate legal action against any user who, in our sole discretion, violates the law or these Terms of Use. This may include reporting the user to law enforcement authorities. Additionally, we may, at our sole discretion and without limitation:
- Monitor site for compliance with the term of use
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
- Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, without notice or liability.
- Manage the Site in a manner that protects our rights and property and facilitates the proper functioning of the Site and the Marketplace Offerings.
TERM AND DURATION
These Terms of Use shall be inforce during your use of the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to the Site and the Marketplace Offerings, including blocking certain IP addresses, to anyone for any reason, including, without limitation, a breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation.
We may terminate your use or participation in the Site and the Marketplace Offerings, or delete your account and any content or information you posted, at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you may not create a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress, in addition to terminating or suspending your account.
AMENDMENT
We have the right to modify, delete, or alter any content on the Site at any time and for any reason at our discretion without notice. Nonetheless, we are not obligated to update any information on our Site. We also have the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Site or the Marketplace Offerings.
We cannot guarantee that the Site or the services herein will always be available. We may experience technical difficulties or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Site or our services at any time or for any reason without notice to you.
You agree that we are not responsible for any loss, damage, or inconvenience caused by your inability to access or use the Site or the services during any downtime or discontinuance of the Site or the services. These Terms of Use do not obligate us to maintain and support the Site or the Marketplace Offerings or to provide any corrections, updates, or releases in connection with them.
GOVERNING LAW
These Terms of Use and your use of the Site and our services are governed by and construed in accordance with the laws of the Republic of Nigeria
DISPUTE RESOLUTION
In the event of any dispute between the user of this site and our product and services, parties shall first explore an amicable settlement through negotiation. Where parties are unable to settle as above the dispute shall be referred to Arbitration. Any aggrieved party is entitled to issue a notice to commence Arbitration. The site of the arbitration shall be Abuja, Nigeria and the proceedings shall be held in English under the Arbitration and Conciliation Act, Cap A18 Lawsof the Federation of Nigeria, 2004
DISCLAIMER
The Site is provided on an “as is” and “as available” basis. Your use of the Site Services is at your own risk. We disclaim all warranties, whether express or implied, related to the Site and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any linked websites. We will not be liable for:
(1) any errors, mistakes, or inaccuracies of content and materials;
(2) personal injury or property damage resulting from your access to and use of the Site;
(3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein;
(4) any interruption or cessation of transmission to or from the Site;
(5) any bugs, viruses, Trojan horses, or other harmful code transmitted through the Site by any third party; or
(6) any errors or omissions in any content and materials or any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
We, as well as our directors, employees, or agents, shall not be held liable to you or any third party for any damages, whether direct, indirect, consequential, exemplary, incidental, special, or punitive, including but not limited to lost profits, lost revenue, loss of data, or any other damages resulting from your use of the Site, even if we were informed of the likelihood of such damages.
INDEMNIFICATION
You agree to protect, compensate, and hold us, our subsidiaries, affiliates, and all of our officers, agents, partners, and employees harmless from any losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, that any third party may make or bring, due to or resulting from:
(1) Your use of the Site;
(2) Your violation of these Terms of Use;
(3) Any breach of your promises and guarantees outlined in these Terms of Use;
(4) Your infringement of a third party’s rights, including intellectual property rights; or
(5) Any aggressive or harmful behavior towards any other user of the Site with whom you connected via the Site. However, we reserve the right, at your expense, to take over the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in defending such claims, at your expense. We will make reasonable efforts to inform you of any such claim, action, or proceeding that falls under this indemnification upon becoming aware of it
USER DATA
We will retain specific data that you send to the Site to ensure that the Site performs well, as well as data related to your use of the Site. While we perform regular backups of data, it is solely your responsibility to manage all data that you transmit or that pertains to any activity you engage in on the Site. You acknowledge and agree that we will not be liable to you for any loss or corruption of such data, and you waive any right to take legal action against us arising from any such loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit the Site, send us emails, or complete online forms, if you are engaging in electronic communications. By using the Site, you consent to receive electronic communications from us, and you agree that any agreements, notices, disclosures, or other communications we provide to you electronically, whether through email or on the Site, satisfy any legal requirement for written communication. YOU ALSO AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO RECEIVE NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE ELECTRONICALLY. By agreeing to this, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or that require payments or granting of credits by any means other than electronic means
SEVERIABILITY
If any provision or portion of this agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not render the entire agreement invalid or unenforceable, rather the entire agreement shall be treated as if it does not contain such invalid or uneforceable provision or portion
PPARTNERSHIP
Parties are independent and this term of use does not constitute a partnership between the company and the users of the site or our products and services
CONTACT US
For questions, complaints, observation, etc., regarding the Site or to receive further information regarding use of the Site and/or our product, please contact us at: info@capetravapp.com