INTRODUCTION
This agreement contains the complete terms and conditions that apply to you in registering, booking, listing apartments and all other activities you will make on our website. By registering or transacting on ApartmentGalleria.com, you agree to be bound by its terms of use and shall comply thereof. This agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
USE OF THE SITE & PROHIBITIONS
You are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools or other than for its intended purpose-an apartment reservation website; (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users personal information; (d) manoeuvring the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system; (h) posting of items that are illegal in nature, pornographic, sexually explicit, libelous or violent; (i) violate any intellectual property rights.
For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the sign-up process. You must agree to provide accurate, complete and truthful ApartmentGalleria.com website content. You must grant ApartmentGalleria.com a non-exclusive, royalty-free, worldwide license to any content uploaded to a ApartmentGalleria.com site that is covered by intellectual property rights, like photos and videos. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. You must agree that ApartmentGalleria.com has the right to immediately and without consent shut down an ApartmentGalleria.com account that has been inactive for 3 months, breaches these terms, in this instance, ApartmentGalleria.com is not obliged or liable to save any of the clients information or registry data. Users acknowledge that the fees and charges for ticket sales or donation contributions may vary from time to time without prior notice. ApartmentGalleria.com will update the relevant pages on the website, prior to applying any new fees or charges. Clients agree to be liable for and pay all applicable fees and charges. Fees will be deducted by ApartmentGalleria.com from the clients ApartmentGalleria.com contributions when the client successfully withdraws funds from their account.
PAYMENTS AND PROCESSES OF INVOICES
ApartmentGalleria.com has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by ApartmentGalleria.com prior to the latter’s acceptance of a booking. Unless credit term has been agreed upon, payment for the items shall be made by credit card, PayPal, gift cards, bank credit or transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. A booking may be invoiced separately. ApartmentGalleria.com has all the discretion to cancel or deny bookings. ApartmentGalleria.com is not responsible for pricing, typographical, or other errors in any offer by ApartmentGalleria.com and reserves the right to cancel any bookings arising from such errors. Invoices must be paid within the stated time. For all but consumer purchases, ApartmentGalleria.com reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
REFUND POLICY
We do not have to provide a refund if guests changed their mind about a particular reservation, so please choose carefully. In an event of cancellation or dissatisfaction about a booking within 24 hours of check-in, after due investigation and mediation, the sole remedy is to be offered an alternative apartment and be asked to pay more or refund difference depending on the value of the alternative apartment and subject to availability. We do not offer refunds, but unused payment can be kept in a wallet and reused for future bookings. After 24 hours of check-in, the hosts reserve the right to issue a refund or not at their own discretion.
BOOKING TERMS
Bookings reserved on this site are made pursuant to a host-guest contract. ApartmentGalleria.com assumes an agency role in transactions on this website solely to receive payment from a guest and remit to the host as agreed on commission basis and shall not be liable for any loss in the course of the transaction. All reservations on this site are only confirmed when payment has been made and the host has approved the booking request. Confirmed booking on this site is only a pass issued by the host to the guest to stay at the host’s apartment for the reserved period of time only under the host’s terms. Hosts are responsible for ensuring that the apartments booked by guests are available for the dates booking is confirmed for, meet the description as listed on ApartmentGalleria.com and must ensure local safety standards and cleanliness are met, basic amenities are provided as well as availability of staffs to address guests requests. By booking a listing on ApartmentGalleria.com, guests agrees and understand that you will be entering into a rental agreement with the host and accept any terms, conditions, rules and restrictions associated with such apartment as stated by the host or property management. If there is a complaint from either party, notice must be given to ApartmentGalleria.com within 24 hours of check-in. In an event of cancellation by the host or guest, both parties agree not to hold Apartment Galleria liable and Apartment Galleria shall mediate at our own discretion considering all the facts made available by the parties and circumstances behind the cancellation.
LISTING PRICING & DESCRIPTIONS
By listing on ApartmentGalleria.com, hosts agree to pay ApartmentGalleria.com 10% commission on all bookings reserved on this portal or under this brand, and will be deducted before remittance 24 hours after guest check-in. The list price displayed for apartments on our website represents the full retail price listed on the apartment itself, suggested by the host or service provider, or estimated in accordance with standard industry practice; or the estimated rent value for a comparably featured listing offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain apartments that are offered as package, the list price may represent “discounted” prices, which mean the aggregate of the hosts estimated or suggested rent for each of the listings/services included in the set. In cases of price errors on our website in which the listing’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before reservation or cancel your reservation and notify you of such cancellation.
We do not warrant that listing descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If an apartment offered on our website is not as described, your sole remedy is to be offered an alternative apartment and be asked to pay more or refund difference depending on the value of the alternative apartment and subject to availability. We do not offer refunds, but unused payment can be kept in a wallet and reused for future bookings. Apartment Galleria assumes no responsibility for a host’s compliance with local laws, tax laws, neighborhood policy, tenancy rules and regulations.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISITING AND BOOKING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. We reserve the right to delete, cancel, suspend users account or listing at our discretion with or without prior notice at any time and without liability to us.
ACKNOWLEDGEMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the intellectual property rights, on and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, recompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or item through use of or access to the program or proprietary information related thereto.
FRAUD
Fraudulent activities are highly monitored on our site and if fraud is detected ApartmentGalleria.com shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
INDEMNIFICATION AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages.
We make no express or implied warranties or representations with respect to the program or any apartments booked and offered on our website (including, without limitation, warranties of fitness, specifications, descriptions, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, items, apartment listings and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk. By using the site, the hosts and guests agree to release, indemnify, and hold Apartment Galleria, its subsidiaries, employees, agents, directors, caretakers, on-site staffs and other officers harmless and from against any damages, claims, losses, liabilities, and fees without limitation arising as a result of transactions carried out on this website or emanating from Apartment Galleria. All apartments listed and reserved on this website are at the users own risk and Apartment Galleria shall not be responsible for any liability whatsoever. At this juncture, guests are advised to do their due diligence and inspect apartments before making payment for a reservation as such payment are non-refundable and hosts are advised to ensure availability of their apartments and do due diligence before approving booking requests.
DAMAGES The guest shall be responsible for any damage to the property of the host and shall report such timely in good faith. Hosts reserves the right to collect damage deposit at their own discretion and the guest agrees to abide by the hosts’ policy. By using this site, users agree to indemnify Apartment Galleria from any damages whatsoever.
CONFIDENTIALITY
You agree not to disclose information you obtain from us and or from our clients, hosts, guests, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a program is proprietary information of ApartmentGalleria.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of the ApartmentGalleria.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This agreement shall be governed by and construed in accordance with the substantive laws of Nigeria, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Nigeria, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to us. However, we may assign this agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.