Terms & Conditions
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Afrikap Platform, you agree to comply with and be bound by these Terms.
Table of Contents
2. Scope of Afrikap Services
3. Eligibility, Using the Afrikap Platform, Member Verification
4. Modification of these Terms
5. Account Registration
7. Service Fees
8. Terms specific for Hosts
9. Terms specific for Guests
10. Booking Modifications, Cancellations and Refunds, Resolution Centre
11. Ratings and Reviews
12. Damage to Accommodations, Disputes between Members
14. Prohibited Activities
15. Term and Termination, Suspension and other Measures
19. Dispute Resolution
20. Applicable Law and Jurisdiction
21. General Provisions
22. Data Collection
In these Terms the following words shall have the following definitions unless the context otherwise requires:
Accommodation : – A short-let houses or rooms in houses or parts of a house owned or occupied by a Host.
Afrikap Content : – any content that Afrikap itself makes available on or through the Afrikap Platform, including proprietary Afrikap content and any content licensed or authorised for use by or through Afrikap from a third party.
Booking Modifications : – any modifications to a booking that a Members make via the Afrikap Platform or direct communication with Afrikap customer service.
Damage Claim : – Damage to an Accommodation or any personal or other property at an Accommodation by a Guest.
Guest Fees : – Any fees charged by Afirkap from the Guests.
Host Fees : – Any fees charged by Afrikap from the Hosts.
to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or
Where a Member has breached these Terms, applicable laws, regulations, or third-party rights,
you have provided inaccurate, fraudulent, outdated or incomplete information during the Afrikap Account registration, Listing process or thereafter,
you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria,
you have repeatedly received poor Ratings or Reviews, or Afrikap otherwise becomes aware of or has received complaints about your performance or conduct,
you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or
Afrikap believes in good faith that such action is reasonably necessary to protect the personal safety or property of Afrikap , its Members, or third parties, or to prevent fraud or other illegal activity:
Listing(s): – An Accommodation together with their description, amenities and other appurtenances which are published by Hosts on the Afrikap Platform.
Listing Fee : – a price (including any Taxes if applicable, or charges such as cleaning fees) for a Listing.
Member Content : – Listing descriptions, ratings, reviews text, photos, audio, video, or other materials and information published by a Member.
NGN : – Nigerian Naira
Overstay : – Where a Guest remains in an Accommodation beyond the agreed checkout time without the Host’s consent.
Overstay Fees : – an additional nightly fee up to the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by a Host to make an Overstaying Guest leave.
Rating : – A 5-star based rating made by a Member for another Member.
Review : – A publicly available review left by a Member.
Security Deposit : – Means a fee which may be charged by a Hosts against damages to the Accommodation; to be paid upon confirmation of a booking and before the Guest arrives at the Accommodation.
Service Fees : – Both Host Fees and Guest Fees.
SNS Account : – third-party social networking services.
Taxes : – Any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes.
Tax Authority : – any appropriate and relevant governmental agency, department and/or authority requiring taxes from a Member where an Accommodation is located.
Third-Party Services : – third-party websites or resources.
Total Fees : – This including the Listing Fee, Guest Fee, Security Deposit (if applicable) any applicable Taxes and other applicable fees chargeable against a Guest.
Travel and checking In Issues : – means any one of the following:
(a) the Host of the Accommodation;
(i) cancels a booking shortly before the scheduled start of the booking, or
(ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to: the size of the Accommodation; whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking, special amenities or features represented in the Listing are not provided or do not function, or the physical location of the Accommodation (proximity).
(c) at the start of the Guest’s booking, the Accommodation:
(i) is not generally clean and sanitary (including unclean bedding and/or bathroom towels);
(ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in Afrikap’s judgment, or
(iii) has vermin or contains pets not disclosed in the Listing.
Scope of Afrikap Services
The Afrikap Platform is a digital accommodation booking service that enables registered users seeking temporary accommodation (“Guests”) and house owners (“Hosts”); who have short let houses or rooms in their houses (“Listings”) and other services to offer to publish Host Services on the Afrikap Platform . Hosts and Guests are collectively known as (“Members”).
As the provider of the Afrikap Platform, Afrikap does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other, Afrikap collects the total fees and disburse same across to the beneficiaries..
Afikap is not and does not become a party to such contractual relationship between Members. Afrikap a real estate broker or insurer. Afrikap is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms. Afrikap has no control over and does not guarantee: the existence, quality, safety, suitability, or legality of any Listings or Host Services, (the truth or accuracy of any Listing descriptions, ratings, reviews, or other Member Content or the performance or conduct of any Member or third party. Afrikap does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a routine identification process with Afrikap and nothing else.
Any such description is not an endorsement, certification or guarantee by Afrikap about any Member’s identity or background or whether the Member is trustworthy, safe or suitable. Guests must always exercise due diligence and care when deciding whether to use any Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. As a Host on Afrikap your relationship with us is limited to being an independent, third-party contractor, and not an employee, agent, joint-venture or partner of Afrikap for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Afrikap.
To promote the Afrikap Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Afrikap cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Afrikap Platform may contain links to Third-Party Services. Such Third-Party Services may be subject to different terms and conditions and privacy practices.
Afrikap is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Afrikap of such Third-Party Services.
Due to the nature of the Internet, Afrikap cannot guarantee the continuous and uninterrupted availability and accessibility of the Afrikap Platform. Afrikap may restrict the availability of the Afrikap Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Afrikap Platform. Afrikap may improve, enhance and modify the Afrikap Platform and introduce new Afrikap Services from time to time.
Eligibility, Using the Afrikap Platform, Member Verification:
In order to be a Member, you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. Minors may only participate in a Host Service if accompanied by an adult who is responsible for them.
You will comply with any applicable export control laws in your local jurisdiction.
Afrikap may make access to and use of the Afrikap Platform, or certain areas or features of the Afrikap Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to
(i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
(ii) screen Members against third party databases or other sources and request reports from service providers, and
(iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the Afrikap Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Afrikap Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Afrikap Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
Modification of these Terms
Africap reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Afrikap Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email.
If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Afrikap Platform will constitute acceptance of the revised Terms.
You can register an Afrikap Account using an email address and creating a password, or through certain social media accounts and Google accounts. You must provide accurate, current and complete information during the registration process and keep your Afrikap Account and public Afrikap Account profile page information up to date at all times.
You may not register more than one
(1) Afrikap Account unless Afrikap authorizes you to do so. You may not assign or otherwise transfer your Afrikap Account to another party. You are responsible for maintaining the confidentiality and security of your Afrikap Account credentials and may not disclose your credentials to any third party.
Afrikap may, at its sole discretion, enable Members to
(i) create, upload, post, send, receive and store Member Content; and
(ii) access and view both Member Content and Afrikap Content. Afrikap Content and Member Content are together called “Collective Content”.
The Afrikap Platform, and Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Federal Republic of Nigeria and other countries. You acknowledge and agree that the Afrikap Platform and Afrikap Content, including all associated intellectual property rights, are the exclusive property of Afrikap and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Afrikap Platform, Afrikap Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Afrikap used on or in connection with the Afrikap Platform and Afrikap Content are trademarks or registered trademarks of Afrikap in Nigeria. Trademarks, logos, copyrights, and any other proprietary designations of third parties used on or in connection with the Afrikap Platform, Afrikap Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Afrikap Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aura or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Afrikap grants you a limited, non-exclusive, sub licensable, revocable, non-transferable license to
(i) download and use the Application on your personal device(s); and
(ii) access and view any Collective Content made available on or through the Afrikap Platform and accessible to you, solely for your personal and non-commercial use.
You are solely responsible for all Member Content that you make available on or through the Afrikap Platform. Accordingly, you represent and warrant that:
(i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Afrikap Platform or you have all rights, licenses, consents and releases that are necessary to grant to Afrikap the rights in and to such Member Content, as contemplated under these Terms; and
(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Afrikap’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that:
(i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive;
(iii) promotes discrimination, bigotry, hatred, harassment or harm against any individual or group;
(iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
(v) promotes illegal or harmful activities or substances; or
(vi) violates these Terms or any other Afrikap policy. Afrikap may, without prior notice, remove or disable access to any Member Content that Afrikap finds to be in violation of applicable law or these Terms, or otherwise may be harmful or objectionable to Afrikap, its Members, third parties, or property.
Afrikap respects copyright law and expects its Members to do the same. If you believe that any content on the Afrikap Platform infringes copyrights you own, please notify us.
Afrikap may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Afrikap Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Afrikap reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Afrikap . The applicable Service Fees (including any applicable Taxes) are collected by Afrikap Payments. Africap Payments will deduct any Host Fees from the Listing Fee before remitting the pay out to the Host. Any Guest Fees are included in the Total Fees collected by Afrikap Payments. Except as otherwise provided on the Afrikap Platform, Service Fees are non-refundable.
Terms specific for Hosts
Terms applicable to all Listings When creating a Listing through the Afrikap Platform you must
(i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability),
(ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for any part of the Host Service) and
(iii) provide any other pertinent information requested by Afrikap. You are responsible for keeping your Listing information (including calendar availability) up to date at all times.
You are solely responsible for setting a Listing Fee. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than is stated in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Host Services. Afrikap reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
Afrikap recommends that Hosts obtain appropriate insurance for their Host Services.
As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
Listing Accommodations If you choose to require a Security Deposit for your Accommodation, you must specify this in your Listing, Hosts are not allowed to ask for a Security Deposit
(i) after a booking has been confirmed or
(ii) outside of the Afrikap Platform.
You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will
(i) not breach any agreements you have entered into with any third parties, such as homeowners association, or other agreements, and
(ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
Terms specific for Guests
Terms applicable to all bookings Subject to meeting any requirements (such as completing any verification processes) set by Afrikap and/or the Host, you can book a Listing available on the Afrikap Platform by following the respective booking process. Your Total Fees will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Afrikap Account.
Upon receipt of a booking confirmation from Afrikap, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Afrikap Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation.
If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Booking Accommodations
You understand that Accommodation Booking is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you Overstay, you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay Overstay Fees if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay.
Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorise Afrikap (via Afrikap Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
Booking Host Services
You should carefully review the description of any Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. The additional guests you are booking for must also be made aware of and agree to these Terms and any terms and conditions, rules and restrictions set by the Host.
At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Host Service.
Before and during a Host Service you must at all times adhere to the Hosts’ instructions.
You may not bring any additional individuals to a Host Service unless such an individual was added by you as an additional guest during the booking process on the Afrikap Platform.
Booking Modifications, Cancellations and Refunds
Hosts and Guests are responsible for any Booking Modifications, and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policies set by the Host and Afrikap, Payments will be refunded on the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Afrikap Payments.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking(Note : Terms and Conditions apply) . In some instances, Afrikap may allow the Guest to apply the refund to a new booking, in which case Afrikap Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Afrikap may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Afrikap may
(i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or
(ii) impose a penalty unless the Host has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behaviour.
If weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
In certain circumstances, Afrikap may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and pay-outs, where Afrikap believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Afrikap, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy in Clause 10.8, Afrikap may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books a Host Service suffers a Travel Issue as defined in the Guest Refund Policy, Afrikap may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
If a Guest or Afrikap cancels a confirmed booking, and the Guest receives a refund in accordance with the terms and condition or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, Afrikap Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future pay-outs due to the Host.
Guest Refund Policy: If you are a Guest and suffer a Travel Issue, you are covered by the limits of the terms and condition as follows:
Up to 24 hours after check-in. If you report a Travel Issue up to 24 hours after check-in, we agree, at our discretion, to either
(i) reimburse you the Total Fees, or
(ii) use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features and quality. Aura shall decide whether an issue reported by a Guest qualifies as a Travel Issue, whether to reimburse or rebook a Guest who suffers a Travel Issue, and whether an alternate Accommodation is comparable or better.
More than 24 hours after check-in. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either
(i) reimburse you up to the Total Fees depending on the nature of the Travel Issue suffered, or
(ii) use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality.
Afrikap’s decisions under this clause are final and binding on Guests and Hosts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
Ratings and Reviews
Within a certain timeframe after completing a booking, Guests and Hosts can leave a Review and Rating about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Afrikap . Ratings and Reviews are not verified by Afrikap for accuracy and may be incorrect or misleading.
Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Afrikap Platform together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
Damage to Accommodations, Disputes between Members
As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
Where a Host makes a Damage Claim against a Guest, it shall be settled in accordance with the Dispute Resolution Procedure under these Term.
As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any Taxes.
Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from pay-outs to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., tax identification number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from pay-outs to you, we reserve the right to withhold pay-outs up to the tax-relevant amount as required by law, until resolution. –
You understand that a Tax Authority may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, by whatever name such taxes are called (“Occupancy Taxes”).
In certain jurisdictions, Afrikap may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms (“Collection and Remittance”) if such jurisdiction asserts that Afrikap or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Afrikap (via Afrikap Payments) to collect Occupancy Taxes from Guests on the Host’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority.
The amount of Occupancy Taxes, if any, collected and remitted by Afrikap will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where Afrikap is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by Afrikap relating to their Accommodations in that jurisdiction.
Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Afrikap from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Afrikap reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Afrikap Platform. In connection with your use of the Afrikap Platform, you will not and will not assist or enable others to:
(i) would be in breach of these Terms;
(ii) accept all risks and responsibility for such payment, and
(iii) hold Afrikap harmless from any liability for such payment; discriminate against or harass anyone on the basis of race, national origin, religion, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour; use, display, mirror or frame the Afrikap Platform or Collective Content, or any individual element within the Afrikap Platform, Afrikap ‘s name, any Afrikap trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Afrikap Platform, without Afrikap ‘s express written consent; dilute, tarnish or otherwise harm the Afrikap brand in any way, including through unauthorised use of Collective Content, registering and/or using Afrikap or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Afrikap domains, trademarks, taglines, promotional campaigns or Collective Content; use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Afrikap Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Afrikap or any of Afrikap’s providers or any other third party to protect the Afrikap Platform; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Afrikap Platform; take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Afrikap Platform; export, re-export, import, or transfer the Application except as authorized by Nigeria law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Afrikap has no obligation to monitor the access to or use of the Afrikap Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to
(i) operate, secure and improve the Afrikap Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
(ii) ensure Members’ compliance with these Terms;
(iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
(iv) respond to Member Content that it determines is harmful or objectionable; or
(v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Afrikap in good faith, and to provide Afrikap with such information and take such actions as may be reasonably requested by Afrikap with respect to any investigation undertaken by Afrikap or a representative of Afrikap regarding the use or abuse of the Afrikap Platform.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who
(i) engages in offensive, violent or sexually inappropriate behaviour,
(ii) you suspect of stealing from you, or
(iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Afrikap by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Term and Termination, Suspension and other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Afrikap terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. Without limiting our rights specified below, Afrikap may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Afrikap may immediately, without notice, terminate this Agreement and/or stop providing access to the Afrikap Platform if
(i) you have materially breached your obligations under these Terms,
(ii) you have violated applicable laws, regulations or third party rights, or
(iii) Afrikap believes in good faith that such action is reasonably necessary to protect the personal safety or property of Afrikap , its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
In addition, Afrikap may take any of the following measures for a Just Cause:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content; cancel any pending or confirmed bookings; limit your access to or use of the Afrikap Platform; temporarily or permanently revoke any special status associated with your Afrikap Account; temporarily or in case of severe or repeated offenses permanently suspend your Afrikap Account and stop providing access to the Afrikap Platform.
If we take any of the measures described above
(i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and
(ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Afrikap and an opportunity to resolve the issue to Afrikap ‘s reasonable satisfaction.
When this Agreement has been terminated, you are not entitled to a restoration of your Afrikap Account or any of your Member Content. If your access to or use of the Afrikap Platform has been limited or your Afrikap Account has been suspended or this Agreement has been terminated by us, you may not register a new Afrikap Account or access and use the Afrikap Platform through an Afrikap Account of another Member.
If you choose to use the Afrikap Platform or Collective Content, you do so voluntarily and at your sole risk. The Afrikap Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Afrikap Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Afrikap relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Afrikap Platform and Collective Content, your publishing or booking of any Listing via the Afrikap Platform, your stay at any Accommodation, participation in any Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you.
Neither Afrikap nor any other party involved in creating, producing, or delivering the Afrikap Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with
(i) these Terms,
(ii) from the use of or inability to use the Afrikap Platform or Collective Content,
(iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Afrikap Platform, or
(iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Afrikap has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Afrikap’s aggregate liability arising out of or in connection with these Terms and your use of the Afrikap Platform including, but not limited to, from your publishing or booking of any Listings via the Afrikap Platform, or from the use of or inability to use the Afrikap Platform or Collective Content and in connection with any Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Afrikap Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Afrikap to you in the twelve (12) month period prior to the event giving rise to the liability, or NGN 35,000, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Afrikap and you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Afrikap ’s option), indemnify, and hold Afrikap and its affiliates and subsidiaries, including but not limited to, Afrikap Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
(i) your breach of these Terms,
(ii) your improper use of the Afrikap Platform or any Afrikap Services,
(iii) your interaction with any Member, stay at an Accommodation, participation in a Host Service, , including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use,
(iv) Afrikap ’s Collection and Remittance of Occupancy Taxes, or
(v) your breach of any laws, regulations or third party rights.
Overview of Dispute Resolution Process. Afrikap is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for Members:
(1) an informal negotiation directly with Afrikap ’s customer service team, and
(2) a binding arbitration administered by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, CAP A18, LFN 2004.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Afrikap each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Afrikap ’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a notice must be given to the other party and to Afrikap .
Agreement to Arbitrate. You and Afrikap mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Afrikap Platform, the Host Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Aura agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Afrikap each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
(i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
(ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any high court in Nigeria. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
No Class Actions or Representative Proceedings. You and Afrikap acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Afrikap both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions as contained in this clause 4 (“Modification of these Terms”), if Afrikap changes this Clause 19 (“Dispute Resolution”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Afrikap’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Afrikap (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Afrikap .
This Clause ( “Dispute and Resolution”) will survive any termination of these Terms and will continue to apply even if you stop using the Afrikap Platform or terminate your Afrikap Account.
Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict-of-law provisions and the courts of Nigeria shall have jurisdiction over disputes arising from these Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Afrikap and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Afrikap and you in relation to the access to and use of the Afrikap Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Afrikap’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Afrikap ‘s prior written consent. Afrikap may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Afrikap via email, Afrikap Platform notification, or messaging service (including SMS).
If you have any questions about these Terms, please contact us; xxxxxxxxxxxxxxx
By clicking on the I Agree toolbar, you hereby consent to the collection, processing, use and, where required, the transfer of your personal data to third parties (within or outside Nigeria) by Afrik Apartments ltd and Afrikap by Afrik Aparments Ltd for the purpose of application processing, sharing news and publications, events, surveys and any other data processing activities which may arise therefrom.
Table of Contents
4. Subject Access Request Response Procedure
5. Contacting Us
• Affiliated Third Parties includes companies with which we have common ownership or management or other contractual strategic support or partnership relationships with, our advisers, consultants, bankers, vendors or sub-contractors.
• Data is information, which is stored electronically, on a computer, or in certain paper-based filing systems.
• Data Controller is a person responsible for determining the manner in which Personal Data would be processed.
• NDPR means the Nigerian Data Protection Regulations
• NITDA means the National Information Technology Development Agency
• Personal Data is the information relating to an identified or identifiable natural person. These include a name, gender, a photo, an email address, bank details, medical information, computer internet protocol address and any other information specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Processing is any activity that involves use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organizing, amending, recording, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
• Sensitive Personal Data includes information about a person’s racial origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life.
We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:
• Identity Data includes first name, last name, username or similar identifier, title, date of birth and gender.
• Contact Data includes residential address, email address and telephone numbers.
• Human Resource Data includes information on your employment history, professional and educational information submitted upon applying for employment with us.
• Payment Data includes your payment information such as your card details (name on card, card number, billing address, expiration date, security code).
• Technical Data includes internet protocol (IP) address, domain name, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing communications from us and our Affiliated Third Parties and your communication preferences.
You provide this information through direct interaction when you visit our website, Aura Platform, sign up to our newsletters or publications, request marketing materials to be sent to you, create an account on our website, respond to surveys, complete our feedback or comment form, provide your business card to any of our staff, sign our visitor management form, complete other forms, apply for employment through our careers page, or contact us to request for any information or other correspondence by post, email, our website or otherwise.
As you interact with our website, we may collect technical data about your equipment, browsing actions and patterns. We collect this data by using cookies, and other similar technologies.
We do not intentionally collect any Sensitive Personal Data. We ask that you do not send to us nor disclose such Sensitive Personal Data save where required for a specific purpose.
Your Personal Data and how it is Used
We may collect, process and store your Personal Data to help us better connect with you. The following are the purposes for which we collect your Personal Data:
a. To monitor, review, evaluate and improve your experience when you visit our website
b. To analyse the traffic on our website, including determining the number of visitors to the website and analyse how they navigate the website.
c. To invite you to complete a survey or provide feedback to us on specific matters.
d. At any time, you request information from us via a form or other electronic transmission we may use your Personal Data to fulfil that request and keep a record of such request and how it was handled, for quality assurance and service improvement purposes.
e. To keep you updated on our activities, programmes and events where your explicit consent has been given.
f. To notify you of changes to our websites or relevant processes.
g. We may also use your information or allow Affiliated Third Parties such as our affiliate companies or partners use of this Personal Data, to offer you information about unrelated products or services you may be interested in. We or such Affiliated Third Parties can only communicate with you if you have expressly consented to such communication and data use.
h. We may share your personal data with Affiliated Third Parties such as service providers who we have engaged to assist with providing certain services on our behalf, for which they require your personal data.
i. Where we have any contracts with you which create a commitment, we may require contact or use of your information to perform the contract.
j. To process or manage your appointments with any of our staff.
k. To fulfil legal/ regulatory obligations or to report any criminal or unethical activity.
l. To store either on our central computer system or a third-party Computer’s central computer system for archiving and back up purposes.
Be aware that we do not reveal identifiable information about you to our advertisers, though we may at times share statistical visitor information with our advertisers.
Change of Purpose
We will only use your Personal Data for the aforementioned purposes, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Data for an unrelated purpose, we will notify you and request for your express consent.
Your Personal Data Rights
Data Protection Laws provides you with certain rights in relation to the information that we collect about you
We may collect, process and store your Personal Data to help us better connect with you. The following are the purposes for which we collect your Personal Data:
You can ask us or Affiliated Third Parties to stop sending you marketing messages at any time by logging onto the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you.
b. The right to request that we delete your Personal Data that is in our possession, subject however to retention required for legal purposes and the time required technically to delete such information.
c. The right to request for access to your Personal Data or object to us processing the same. Where personal data is held electronically in a structured form, such you have a right to receive that data in a common electronic format.
d.The right to update your Personal Data that is kept with us. You may do this at anytime your personal data changes and you wish to update us
e. The right to receive your Personal Data and have it transferred to another Data Controller, as applicable.
f. The right to lodge a complaint.
Persons who have access to your Personal Data
In addition to our staff who have a business need to know, the following trusted third parties may have access to your information:
a. Any customer relationship management tool we use to help manage our contact database and send out email communications to you.
c. Professional service providers such as IT service providers and website hosts.
We will transfer your Personal Data to only those Affiliated Third Parties who we are sure can offer the required level of protection to your privacy and information and who are also contractually obligated to us to do so. We do not and will not at any point in time sell your Personal Data. We require all Affiliated Third Parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our professional service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
Security & Confidentiality
Information submitted by you is stored on secure servers we have which are encrypted and access is restricted to only authorised persons in charge of maintaining the servers. We have put in place physical, electronic and procedural processes that safeguard and protect your information against unauthorised access, modification or erasure. However, we cannot guarantee 100% security as no security programme is completely fool proof. In the unlikely event that we experience any breach to your personal data, such breach shall be handled in accordance with our Personal Data Breach Management Procedures. All such breaches shall be notified to the NITDA within 72 hours of occurrence and where deemed necessary, based on the severity and potential risks, we shall notify you of such occurrence, steps taken and remedies employed to prevent a reoccurrence.
Our staff also have an obligation to maintain the confidentiality of any Personal Data held by us. As you know, transmission of data on the internet is never guaranteed regarding safety. It is impossible to completely guarantee your safety with electronic data and transmission. You are therefore at your own risk if you elect to transmit any data electronically.
Transfer of Personal Data outside Nigeria
The Personal Data we collect may be transferred to and processed in another country other than your country of residence for the purposes stated above. The data protection laws in those countries may be different from, and less stringent than the laws applicable in your country of residence.
By accepting this Policy or by providing your Personal Data to us, you expressly consent to such transfer and Processing. We will however take all reasonable steps to ensure that your data is treated securely and transfer of your Personal Data will only be done in accordance with the requirements of applicable laws and to parties who have put in place adequate controls to secure and protect your Personal Data.
Retention of Personal Data
We retain your Personal Data for no longer than reasonably necessary for the purposes set out in this Policy and in accordance with legal, regulatory, tax, accounting or reporting requirements.
We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Where your Personal Data is contained within a document, the retention period applicable to such type of document in our document retention policy shall apply.
Our advertisers and organisation may have the occasion to collect information in regard to your computer for our services. The information is gained in a statistical manner for our use or advertisers on our site.
Data gathered will not identify you personally. It is strictly aggregate statistical data about our visitors and how they used our resources on the site. No identifying Personal Data will be shared at any time via cookies.
Close to the above, data gathering can be about general online use through a cookie file. When used, cookies are automatically placed in your hard drive where information transferred to your computer can be found. These cookies are designed to help us correct and improve our site’s services for you.
You may elect to decline all cookies via your computer or set up alerts to prompt you when websites set or access cookies. Every computer has the ability to decline file downloads like cookies. Your browser has an option to enable the declining of cookies. If you do decline cookie downloads you may be limited to certain areas of our site, as there are parts of our site that require cookies.
Any of our advertisers may also have a use for cookies. We are not responsible, nor do we have control of the cookies downloaded from advertisements. They are downloaded only if you click on the advertisement.
Subject Access Request Response Procedure
Where you wish to exercise any of your data privacy rights you shall make a formal request by completing and submitting the Subject Access Request Form (SAR Form)
We shall contact you within 5 working days of the receipt of the SAR Form to confirm receipt of the subject access request and may request additional information to verify and confirm the identity of the individual making the request.
On receiving any request from you, we shall record the request and carry out verification of the identity of the individual making the request using the details provided in the SAR Form and a valid means of identification such as international passport, driver’s license, national identification card or any other acceptable means of identification.
Where the request is from a third party (such as relative or your representative), we will verify their authority to act for you and may contact you to confirm their identity and request your consent to disclose the information.
When your identity is verified, we shall coordinate the gathering of all information collected with respect to you in a concise, transparent, intelligible and easily accessible form, using clear and plain language with a view to responding to the specific request. The information may be provided in writing, or by other means, including, where appropriate, by electronic means or orally provided that your identity is proven by other means. We may also contact you to ask you for further information in relation to your request to speed up our response.
Where the information requested relates directly or indirectly to another person, we will seek the consent of that person before processing the request. However, where disclosure would adversely affect the rights and freedoms of others and we are unable to disclose the information, we will inform you promptly, with reasons for that decision.
Fees and Timeframe
We shall ensure that we provide the information required by you within a period of one month from the receipt of the request. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. However, where we are unable to act on your request, we shall inform you promptly at least within one month of receipt of the request of the reasons for not acting and give you the option of lodging a complaint with the NITDA, in line with the NDPR.
Where the request relates to any perceived violation of your rights, we shall take appropriate steps to remedy such violations, once confirmed. Remedies shall include but not be limited to the investigation and reporting to appropriate authorities, recovering the personal data, correcting it and/ or enhancing controls around it. You shall be appropriately informed of the remedies employed.
Any information provided to you by us shall be provided free of charge. However, where requests are manifestly unfounded or excessive in particular because of their repetitive or cumbersome nature, we may: charge a reasonable fee considering the administrative costs of providing the information or communication, taking the action required or making a decision to refuse to act on the request; or
write a letter to you stating refusal to act on the request and copying the National Information Technology Development Agency (NITDA).
Exceptions to Data Subjects Access Rights
To the extent permitted by applicable laws, we may refuse to act on your request, if at least one of the following applies:
in compliance with a legal obligation to which we are subject;
protecting your vital interests or of another natural person; and
for public interest or in exercise of official public mandate vested in us.
Contacting Us :
We welcome any queries, requests you may have regarding our Data Protection Privacy Policies, or our privacy practices. Please feel free to contact us +23409077778973 or by completing the Subject Access Request Form (SAR Form)