PARTNER NETWORK PROGRAMME

Welcome to OWAMBE.com’s website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference to these Terms and Conditions.

Which is an agreement between OWAMBE.com and End Users, Hotels, Venues, Meeting Rooms and Resorts. We are not responsible for any damage or harm resulting from your interactions with other Users.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from OWAMBE.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Vendor/Supplier against OWAMBE.com regarding the remittance of payments received from a User by OWAMBE on behalf of a Vendor/Supplier, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Bookings and Financial Terms:

Key definitions

“BOOKING Fees” means the amounts that are due and payable by a User in exchange for used Services. The Host alone, and not OWAMBE, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the OWAMBE platform, or (ii) Taxes that the Host determines that he or she has to collect. “USER Fees” means the fee that OWAMBE charges a User for the use of its online platform, which is calculated as a percentage of the applicable Service Fees. The USER Fees will be displayed to the USER when the USER is asked whether to send a booking request to a Host. “Vendor/Supplier Fees” means the fee that OWAMBE.com charges a Host OR Vendor/Supplier for the use of its online platform, which is calculated as a percentage of the applicable Service Fees. The Vendor/Supplier Fees will be displayed to the Host Vendor/Supplier when she/he is asked whether to confirm or reject a booking request from a prospective User. “Service Fees” means collectively the USER Fees and the Vendor/Supplier Fees. “Total Fees” means collectively the Services Fees and the USER Fees (plus any Taxes in respect of USER Fees, such as VAT in Nigeria or the country of the Vendor/Supplier as applicable from time to time).

Insurance Fee: The percentage designated by OWAMBE’S Insurance provider as due to the Vendor/Supplier for the usage of OWAMBE platform.

Bookings and Financial Terms for Vendor/Suppliers (How it works)

If you are a Vendor/Supplier and a booking is requested for your Services via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period; otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User’s Owambe Account profile page, (iii) the names of any Users of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the User on such SNS, and (iv) an indication that the name that the User provided to Owambe when the User became a User matches the name that the User provided to the SNSs to which the User has linked his or her Owambe Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Owambe for the requested booking will be refunded to the applicable User’s Bank account, Debit card or Credit card and any pre-authorization of such payment will be released. When you confirm a booking requested by a User, Owambe will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Owambe Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Vendor/Supplier confirms the booking request) and will initiate payment of the Services Fees (less Owambe’s Vendor/Supplier Fees and any Taxes in respect of the Vendor/Supplier Fees, such as VAT in Nigeria or the country of the Vendor/Supplier as applicable from time to time).

to the Vendor/Supplier within 24 hours of when the User arrives at the applicable Services (except to the extent that a refund is due to the User). The time it takes for the Vendor/Supplier to receive payouts may depend upon the method for receiving payouts chosen by the Vendor/Supplier. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Vendor/Supplier, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via Owambe Payments to Owambe (whether as a result of your bookings or actions as a User or otherwise), then Owambe Payments may (but is not obliged to) withhold the amount owing to Owambe from any payout amounts due to you as a Vendor/Supplier, and use the withheld amount to set off the amount owed by you to Owambe. If Owambe Payments does so, then your obligation to pay Owambe will be extinguished to the extent of the amount withheld by Owambe Payments, and Owambe will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.

Appointment of Owambe Payments as Limited Payment Collection Agent for Vendor/Supplier Each Vendor/Supplier hereby appoints Owambe Payments as the Vendor/Supplier’s limited payment collection agent solely for the purpose of accepting the Services Fees from Users.

Each Vendor/Supplier agrees that payment made by a User through Owambe Payments, shall be considered the same as a payment made directly to the Vendor/Supplier, and the Vendor/Supplier will make the Services available to the User in the agreed-upon manner as if the Vendor/Supplier has received the Services Fees. Each Vendor/Supplier agrees that Owambe may, in accordance with the cancellation policy selected by the Vendor/Supplier and reflected in the relevant Listing, (i) permit the User to cancel the booking and (ii) refund (via Owambe Payments) to the User that portion of the Services Fees specified in the applicable cancellation policy. Each Vendor/Supplier understands that as Owambe Payments accepts payments from Users as the Vendor/Supplier’s limited payment collection agent and that Owambe Payments’ obligation to pay the Vendor/Supplier is subject to and conditional upon successful receipt of the associated payments from Users. Owambe does not guarantee payments to Vendor/Supplier for amounts that have not been successfully received by Owambe Payments from Users. In accepting appointment as the limited authorized agent of the Vendor/Supplier, Owambe Payments assumes no liability for any acts or omissions of the Vendor/Supplier.

Please note that Owambe does not charge fees for the creation of Listings. However, you as a Vendor/Supplier acknowledge and agree that Owambe reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Owambe will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

Bookings and Financial Terms for Users (services)

The Vendor/Suppliers, not Owambe, are solely responsible for honoring any confirmed bookings and making available any Events and event vendors reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Vendor/Supplier for the booking of Services, you agree and understand that you will be required to enter into an agreement with the Vendor/Supplier and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Vendor/Supplier. You acknowledge and agree that you, and not Owambe, will be responsible for performing the obligations of any such agreements, that Owambe is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Owambe disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Owambe is not a party to the agreement between you and the Vendor/Supplier, Owambe Payments acts as the Vendor/Supplier’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Vendor/Supplier. Upon your payment of the Total Fees to Owambe Payments, your payment obligation to the Vendor/Supplier for the Services Fees is extinguished, and Owambe Payments is responsible for remitting the Services Fees (less the Vendor/Supplier Fees and any Taxes in respect of the Vendor/Supplier Fees, such as VAT in Nigeria or the country of the Vendor/Supplier as applicable from time to time) in the manner described in these Terms. In the event that Owambe Payments does not remit any such amounts as described in these Terms, such Vendor/Supplier will have recourse only against such Owambe entity.

The Total Fees payable will be displayed to a User before the User sends a booking request to a Vendor/Supplier. As noted above, the Vendor/Supplier is required to either confirm or reject the booking request within the Booking Request Period; otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Vendor/Supplier), any amounts collected by Owambe Payments will be refunded to such User, depending on the selections the User makes via the Site and Application, and any pre-authorization of such User’s payment method will be released, if applicable.

You as a User agree to pay Owambe for the Total Fees for any booking requested in connection with your Owambe Account if such requested bookings are confirmed by the applicable Vendor/Supplier. In order to establish a booking pending the applicable Vendor/Supplier’s confirmation of your requested booking, you understand and agree that Owambe Payments, on behalf of the Vendor/Supplier, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your payment method i.e. Direct debiting from Bank account, Debit card or Credit card for the Total Fees or (ii) charge your designated means of payment a nominal amount, not to exceed one dollar ($1)or its equivalent in the currency of the domiciliary country of the Vendor/Supplier to verify the User’s account. Once Owambe receives confirmation of your booking from the applicable Vendor/Supplier, Owambe Payments will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Owambe cannot control any fees that may be charged to a User by his or her bank related to Owambe’s collection of the Total Fees, and Owambe disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and payment method/mode information either to Owambe Payments or its third-party payment processor(s). You agree to pay Owambe for any confirmed bookings made in connection with your Owambe Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by direct debiting, debit card or credit card. You hereby authorize the collection of such amounts by charging the account provided as part of requesting the booking, either directly by Owambe Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Owambe Payments to charge you by direct debiting, debit card or credit card in the event of damage caused through Services as contemplated under “Damage to Events and event vendors” below and for Security Deposits, if applicable. If you are directed to Owambe Payments’ third-party payment processor(s), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once you confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits:

Vendor/Suppliers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Services. If a Security Deposit is included in a Listing for a confirmed booking of a Vendor/ Supplier’s services, Owambe Payments will, in its capacity as the payment collection agent of the Vendor/Supplier, use its commercially reasonable efforts to obtain a pre-authorization of the User’s by direct debiting, debit card or credit card in the amount the Vendor/Supplier determines for the Security Deposit within a reasonable time prior to the User’s consumption of the applicable Vendor/Supplier’s Services. Owambe will also use its commercially reasonable efforts to address Vendor/Suppliers’ requests and claims related to Security Deposits, but Owambe is not responsible for administering or accepting any claims by Vendor/Suppliers related to Security Deposits, and disclaims any and all liability in this regard.

Service Fees:

In consideration for the use of Owambe’s online marketplace and platform, Owambe charges the Service Fees. Where applicable, Taxes (such as VAT in Nigeria or the country of the Vendor/Supplier as applicable from time to time) may also be charged in respect of the Vendor/Supplier Fees and User Fees. Owambe Payments deducts the Vendor/Supplier Fees from the Services Fees before remitting the balance to the Vendor/Supplier as described in these Terms. User Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Owambe Payments to Vendor/Suppliers via check, direct deposit or other payment methods described on the Site or via the Application, in the Vendor/Supplier’s currency of choice, depending upon the selections the Vendor/Supplier makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.

Please note that Owambe Payments may impose or deduct foreign currency processing costs on or from any payments or payouts by Owambe in currencies other than Nigeria Naira. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at http://www.owambe.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

Cancellations and Refunds

If, as a User, you cancel your requested booking before the requested booking is confirmed by a Vendor/Supplier, Owambe Payments will cancel any pre-authorization to you by direct debiting, debit card or credit card and/or refund any nominal amounts charged to such account in connection with the requested booking within a commercially reasonable time. If, as a User, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Services, the cancellation policy of the Vendor/Supplier contained in the applicable Listing will apply to such cancellation. Our ability to refund the Services’ Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The User Fee is non-refundable regardless of the cancellation policy selected by the Vendor/Supplier.

If a Vendor/Supplier cancels a confirmed booking made via the Site, Services, and Application, (i) Owambe Payments will refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation and (ii) the User will receive an email or other communication from Owambe containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Vendor/Supplier associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay Owambe the Total Fees relating to the confirmed booking for the Services in the alternative Listing, in accordance with these Terms. If a Vendor/Supplier cancelled a confirmed booking and you, as a User, have not received an email or other communication from Owambe, please contact Owambe at http://www.owambe.com/help/contact_us.

If, as a Vendor/Supplier, you cancel a confirmed booking, Owambe may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Owambe may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Owambe’s Extenuating Circumstances policy at

http://www.owambe.com/help/policies/cancellations_and_refunds

Modification

Owambe.com reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice.

Usership Eligibility

Vendor/ Supplier of Owambe.com Website is available only to persons/Company who can form legally binding contracts under Nigerian governing laws. For the purpose of these terms of use, wherever the context so require ‘Vendor/ Supplier’ shall mean any natural or legal person who has agreed to become a member of the Website by singing up the separate Vendor/ Supplier agreement with Owambe.com.

THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE VENDORS/SUPPLIERS AND USERS CONNECTING AND BOOKING EVENTS AND HOTELS, RESORTS, MEETING ROOMS DIRECTLY WITH EACH OTHER. OWAMBE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENTS AND EVENT VENDORS. OWAMBE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EVENTS AND EVENT VENDORS.

Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.

ENDORSEMENTS

Properties (Hotels, Meeting Rooms, Event Venues and Resorts) are endorsed to the extent of the Verified Images and information supplied on the website. The Verified Images are intended only to indicate a photographic representation of the Vendor/Supplier at the time the photograph was taken.