Terms and Conditions | eelspace.com


Terms and Conditions

  1. Contractual Relationship :
    These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in Africa of applications, websites, content, products, and services (the “Services”) made available by EELSPACE a private limited liability company established in the Nigeria, having its office at 33 Ikpa Road, Uyo, Akwa Ibom State.

    Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Eelspace. 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. Eelspace 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.

    Eelspace may amend the Terms related to the Services from time to time. Amendments will be effective upon Eelpace’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.

    Our collection and use of personal information in connection with the Services is as provided in Eelspace’s Privacy Policy located at eelspace.com/privacy. Eelspace may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and eelstation Provider (including an eelspace station worker) and such information or data is necessary to resolve the complaint, dispute or conflict.

  2. The Services:
    The Services constitute a technology platform that enables users of eelspace’s website to arrange and schedule with only EELSPACE TECHNOLOGIES even after a relationship might have been created with the facilitators at potential eelspace stations. YOU ACKNOWLEDGE THAT EELSPACE DOES NOT PERMIT ILLEGAL TRANSACTIONS BETWEEN EELSPACE USERS (user 1) AND DESIGNATED EELSPACE STATIONS (user 2).
    • License:
      Subject to your compliance with these Terms, eelspace grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable 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, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by eelspace and eelspace’s licensors.
    • Restrictions:
      You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by eelspace; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or that of the hosts{user 2) or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
    • Provision of the Services :
      Third Party Services and Content.
      You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Eelspace does not endorse such third party services and content and in no event shall eelspace be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
    • Ownership :
      The Services and all rights therein are and shall remain Eelspace’s property or the property of Eelspace’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Eelspace’s company names, logos, product and service names, trademarks or services marks or those of Eelspace’s licensors.
  3. Your Use of the Services:
    User Accounts.
    In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 14 years of age to obtain an Account. Account registration requires you to submit to Eelspace certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Eelspace’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Eelspace in writing, you may only possess one Account.
    • User Requirements and Conduct:
      The Service is not available for use by persons under the age of 14. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no use of high energy sapping equipments). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
    • Text Messaging:
      By creating an Account, you agree that the Services may send you e-mails as part of the normal business operation of your use of the Services.
    • User Provided Content:
      Eelspace may, in Eelspace’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Eelspace through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Eelspace, you grant Eelspace a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Eelspace’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that:
      (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Eelspacethe license to the User Content as set forth above; and
      (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Eelspace’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Eelspace in its sole discretion, whether or not such material may be protected by law. Eelspace may, but shall not be obligated to, review, monitor, or remove User Content, at Eelspace’s sole discretion and at any time and for any reason, without notice to you.
    • Network Access and Devices.
      You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Eelspace does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  4. Payment :
    You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Eelspace will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Eelspace. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Eelspace will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
    All Charges are due immediately and payment will be facilitated by Eelspace using the preferred payment method designated in your Account, after which Eelspace will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Eelspace may, as the Third PartyProvider’s limited payment collection agent, use a secondary payment method in your Account, if available.
    As between you and Eelspace, Eelspace reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Eelspace’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Eelspace will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
    Eelspace may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. You shall be responsible for the cost of repair for damage to your facility, and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
  5. Disclaimers; Limitation of Liability; Indemnity:
    DISCLAIMER.
    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EELSPACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EELSPACE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EELSPACE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
    • LIMITATION OF LIABILITY:
      EELSPACE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EELSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EELSPACE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
      (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
      (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EELSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EELSPACE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EELSPACE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL EELSPACE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN THOUSAND NAIRA (N10, 000).
      EELSPACE’S SERVICES MAY BE USED BY YOU TO BOOK FOR A WORKSPACE OR LIVING SPACE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EELSPACE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO WORKSPACE AND LIVING SPACE BOOKING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
      THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
    • Indemnity:
      You agree to indemnify and hold Eelspace and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
      (i) your use of the Services or services or goods obtained through your use of the Services;
      (ii) your breach or violation of any of these Terms;
      (iii) Eelspace’s use of your User Content; or
      (iv) your violation of the rights of any third party, including Third Party Providers.
  6. Lost Property:
    You understand and agree that it is your responsibility to ensure that you carry your property from the business environment of a Third Party Provider when leaving. Should you leave your property in the business environment of a Third Party Provider, the Third PartyProvider may hand over your property to you, Eelspace or to the Eelspace local service entity.
    Whilst you may expect Third Party Providers to hand over your property to you, the offices of Eelspace or the Eelspace local service entity, Eelspace or the Eelspace local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Eelspace or the Eelspace local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
  7. Governing Law; Arbitration:
    Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Nigeria, excluding its rules on conflicts of laws.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Eelspace’s designated agent. Please visit Eelspace’s web page at Eelspace.com/aboutus for the designated address and additional information.
Notice.
Eelspace may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
General.
You may not assign or transfer these Terms in whole or in part without Eelspace’s prior written approval. You give your approval to Eelspace for it to assign or transfer these Terms in whole or in part, including to:
(i) a subsidiary or affiliate;
(ii) an acquirer of Eelspace’s equity, business or assets; or
(iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Eelspace or any Third Party Provider as a result of the contract between you and Eelspace or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal,invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”