LagosLocation.com Hotel Affiliation Agreement
1. Introduction
The agreement ("Agreement") between you (hereinafter referred to as
“Partner ") and Spatial Technologies Ltd ("hereinafter referred to
as “STL") consists of hotel affiliation program (hereinafter
referred to as the “Program")
WHEREAS
a) STL had set up an online hotel search portal for greater Lagos.
The portal is accessible from its website www.lagoslocation.com
("hereinafter referred to as “LagosLocation.com")
b) LagosLocation.com brings several hotels in Lagos and their prices
into one single portal to give the general public the benefit of
price comparison. This offering ranges from budget to luxury five
star hotels with regular savings off the normal room rate for a
variety of independent and branded hotels in Lagos.
c) The partner is the owner of a Lagos based hotel or an agent of
the owner that is legally in position to enter into this agreement
in behalf of the hotel to join the program for the purpose of
marketing the hotel and its services on www.LagosLocation.com;
d) The partner is not expected to pay for listing its hotel,
products and services on LagosLocation.com.
e) STL charges a fixed sum to process each booking on
LagosLocation.com. This fixed sum is referred to in this agreement
as the “booking fee
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2. Affiliation conditions
In light of the commercial nature of this cooperation, STL reserves
the right to refuse, at its own discretion, any potential partner,
without having to provide any justification of any kind for such a
refusal. Every registered partner shall receive a username and
password required to gain access for posting new offerings or update
old offerings on LagosLocation.com.
It is the responsibility of the partner to keep the login details
safe and secure. STL reserves the right to withdraw the access to
LagosLocation.com given to the partner if STL is convinced that the
partner has violated the terms and conditions of this agreement.
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3. STL's obligations
a) All reservations of hotel rooms are carried out directly between
the users of LagosLocation.com and the partner. The partner shall
bear responsibility for the correct and proper fulfilment of such
reservations and all services appending thereto, since the partner
is deemed the owner of the clientele. It is therefore the
responsibility of the partner to confirm the hotel room booking and
notify the guest directly that the hotel room had been confirmed.
b) STL shall take full responsibility for the online room
reservation and processing phases made on LagosLocation.com and pass
on the reservation details to the partner after confirming the
receipt of the booking fee
c) Booking Fee: LagosLocation.com’s services are absolutely free to
the general public for use in searching for the ideal hotel room ,
however each guest using the services of LagosLocation.com to make a
room reservation is expected to pay a mandatory N500 (Five Hundred
Naira) into STL’s corporate bank account within 48hours of making
the reservation before such bookings are processed.
d) All hotel room bookings made on Lagoslocation.com by guests that
do not pay the mandatory booking fee within 48hours of booking the
room will automatically be deleted without being processed.
e) Hotel Room Booking: LagosLocation.com will forward to the partner
all relevant room bookings including guaranteed bookings after
confirming the receipt of the booking fee. Hotel room bookings shall
be transmitted to the partner by email using the email address
provided by the partner during the process of program registration.
f) Hotel Booking Cancellation: A room booking made by a guest on
LagosLocation.com could be cancelled by the guest provided:
I. The guest notifies LagosLocation.com through an email sent to
info@lagoslocation.com stating the reason(s) for the cancellation.
II. Cancellations made within the time limit (which must not be less
than 48 hours prior to date of arrival) will receive a FULL refund
of N500 (Five Hundred Naira) representing the total sum of the
booking fee.
III. Refund will be made generally within 48hours of receiving the
cancellation request.
IV. Refund will be by direct fund transfer to the guest’s bank
account using the bank details provided when the booking fee was
paid.
V. The guest is not entitled to a booking fee refund if the
cancellation was done outside the cancellation time limit or the
guest does not show up at the hotel.
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4. Partner's obligations
4-1 General obligations:
Throughout the duration of this partnership, the partner undertakes
to:
a) Provide the most updated information about its hotel, products,
services, and prices.
b) Make room available to guests who had used LagosLocation.com
online hotel room booking service to book rooms in the partner’s
hotel provided the guests are willing to pay for the cost of the
hotel room advertised on LagosLocation.com
c) Deduct the mandatory booking fee paid to STL by the guest from
the total hotel room price advertised on LagosLocation.com and
accept the balance from the guest at the point of checking into the
hotel.
Generally speaking, the partner guarantees that it shall not do, nor
shall it allow to be done, anything that may infringe in any way
upon any of the rights belonging to STL (including STL's
intellectual property rights), or those belonging to any third party
of any kind, irrespective of the legal system considered.
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5. Entry into effect
Participation of the partner in the STL hotel affiliation program
shall come into effect once the partner's application has been
accepted by STL, and the partner has received a confirmation email
that enables it to immediately register and post hotel offerings on
LagosLocation.com
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6. Content Disclaimer
The LagosLocation.com website has been compiled with great care.
However, the services contained therein are based on the accuracy of
information about the hotel listing provided by the partner and for
this the partner remains responsible for the accuracy of this
information. It is the responsibility of the partner to notify
LagosLocation.com of changes to its products, hotels, services and
prices. LagosLocation.com cannot therefore be held responsible for
errors or inaccuracies in the information supplied to potential
guests. LagosLocation.com in particular has no liability for any
loss, personal injury or death, however incurred by potential guest
using LagosLocation.com’s services to make any hotel booking based
on the information provided by the partner about its hotel
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7. Term - Termination
The partner's involvement in the program shall be non-exclusive and
shall be for an indefinite period starting from its date of entry
into effect as defined in Article 4 above. It is hereby stipulated
that each of the parties may terminate this agreement at any time,
with immediate effect, subject to such termination being made known
to the other party by electronic mail or registered letter with
request for acknowledgement of receipt.
STL may interrupt the contract immediately, subject to a simple
notice addressed to the partner, in the event that the partner does
not abide by one or more of the provisions of these specific terms
and conditions.
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8. Limitation of liability
STL does not guarantee that www.lagoslocation.com website will
function continuously or that it will be error-free. STL shall
accept no liability for the consequences of any interruptions or
errors in the operation of the site.
STL shall only be liable for direct losses resulting from
implementation of the STL hotels affiliation program.
In this situation, STL's liability may not exceed the booking fee
paid by a guest for using LagosLocation.com to book a room.
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9. Confidentiality
Throughout all the time that the partner participates in the
program, it shall have access to information which STL deems
confidential, in particular, all the information relating to the
hotel bookings and monitoring of the bookings generated (hereinafter
referred to as "Confidential Information"). The partner hereby
undertakes, throughout the duration of its involvement in the
program, and as soon as it gains access to the Confidential
Information, to:
maintain its confidentiality, take the same measures as those it
would take with respect to its own confidential information in order
to prevent publication thereof or disclosure thereof to third
parties, only divulge it to members of its staff who require this
information for implementation of the program, use it for STL
purposes only, return to STL and/or delete any media received from
STL and containing Confidential Information.
Any disclosure by the partner to any third party shall incur
liability and STL shall be entitled to terminate the partner's
involvement in the program immediately without notice or
compensation and without prejudice of all claims for damages made by
STL.
The present obligation shall expire one (1) year following expiry or
termination of the agreement between STL and the partner.
10. Disclaimer of Warranties
The partner accepts the services provided on LagosLocation.com “AS
IS,” with no express or implied warranties or conditions of any
kind, including without limitation, warranties of merchantability or
fitness for a particular purpose.
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11. Disputes - Applicable Law
This partnership is governed by Nigerian law
In the event of any dispute relating to the interpretation,
fulfilment, or breach of these general conditions of the program,
the parties undertake to seek to resolve the matter out of court.
Failing this, the dispute shall be brought before the courts of
Lagos.
If any provision of these Terms is found to be invalid by any court
having competent jurisdiction, the invalidity of that provision will
not affect the validity of the remaining provisions of these Terms,
which shall remain in full force and effect. Failure by either
LagosLocation.com or you to exercise any right or remedy under these
Terms does not constitute a waiver of that right or remedy.
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12. Miscellaneous provisions
a) STL may at any time and without notice interrupt, whether
temporarily or permanently, terminate the supply of its online
services and/or its affiliation program. STL shall not be bound to
pay any form of compensation to the partner in such an event.
b) The partner hereby acknowledges that it has read and understood
these specific terms and conditions and that it accepts all of the
terms and conditions contained therein. It is the partner's
independently held view that there is a benefit to be had in joining
this affiliation program, and the partner shall not invoke any
declaration, guarantee, or undertaking, other than those expressly
set forth in these specific terms and conditions.
c) Due to its policy of updating and improving the site, STL may
wish to change this Agreement (including those relating to
affiliation program). When terms are changed, LagosLocation.com will
notify the partner either by email or by indicating on the home page
of LagosLocation.com when they were last modified.
d) The Partner grants STL the right to use its hotel logo and
information on its websites and other websites, blogs, discussion
forum, and search engines for the purpose of online marketing of the
partner’s hotel, products, and services.
e) As a member of the program, the partner hereto may not assign its
rights or obligations in whole or in part hereunder to any third
party without the prior approval of STL
f) Nothing in this agreement shall constitute or be deemed to
constitute a partnership between STL and partners of the program and
no partner shall have any authority to bind STL in any way.
g) The Section headings contained in this Agreement are for
reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement
h) Any notice required or permitted hereunder shall be by electronic
mail or in writing which shall be given by registered, certified
mail, or courier express addressed to the addresses written below.
Such notice shall be deemed to be given upon the earlier of actual
receipt or three (3) working days after it has been sent, properly
addressed and with postage prepaid. Either party may change its
address for notice by means of notice to the other party given in
accordance with this Section.
Spatial Technologies Ltd (STL)
14 Raufu William Crescent
Masha, Surulere, Lagos
Email: info@lagoslocation.com
Phone: +234-1-8533497
I hereby declare that I have read and
understood the conditions of the LagosLocation.com Hotel Affiliation
Program, and that I accept that they form the legal framework for
our partnership with Spatial Technologies Ltd (the legal owner of
LagosLocation.com)
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