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Terms and Conditions

Last Updated 8th September 2023.

Introduction

Hi there! Welcome to our Company’s official website (hereinafter referred to as “the Platform” or “Website”), which you can access via your computer or portable hand-held device. BRIGOW PROP-TECH LIMITED (Also referred to as “Brigow”, “Company” or addressed as “our” or “we”) is a duly incorporated Company in Nigeria, with its registered address at No. 3 Frank Kokori Street, Abraham Adesanya Estate, Ajah, Lagos.


Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using this site, you (“the User”) agree to comply with and be bound by these Terms. These Terms set forth the legally binding agreement governing your access to and use of the Platform.


Our Terms are subject to alterations and modifications at every given period. The revised Terms of use shall be available and accessible on this Website.


Endeavour to regularly check our site to ensure that you are up to date with all necessary modifications and are apprised of new developments to the Terms (if any). You shall be deemed to have consented to any modifications to the Terms after due notification is given on our website’s home page, and you proceed to use and enjoy our services and all contents on our Website.

Definition

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:


Accommodation means the living space provided by the Host for Listing on the Platform.

Agreement means the mutual assent between Parties to enforce a promise or commitment which they have jointly consented to. Parties here include Brigow and the Host, and/or Brigow and the Guest, or an agreement involving the three (3) parties respectively.

An Agreement also encompasses the point at which a Host or Guest ticks the “I agree box”, thereby consenting to the Terms set out herein.

Listing means the publication of details of the Accommodation (as provided by the Host) that is available for Reservation on the Platform.

Member means a person who has created an account on the Platform as a Guest or Host.

Parties means Brigow, a Guest and a Host jointly.

Payment means the performance of an obligation to pay the fees and charges stipulated herein.

Primary Service means any of our services, but does not include the sale and long term lease of an Accommodation.

Services means any form of service provided by Us or the Host

Service Fee means the amount of money charged for rendering all the Services to be provided by Brigow to the Host or Guest via this website.

Shortlet means any furnished apartment on Brigow’s website offered for rent/lease for a short period of time.

Space means an apartment offered for rent for living and dwelling purposes to an individual or family, together with all privileges, services, furnishing, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.

Surveillance means any mechanism that can be used to capture or transmit audio, video, or still images.

User means visitors who are yet to register on the Platform, including Members, Hosts and third parties.

You” and “Your” means you as the user of our website.

Guests

1. The Platform

This Platform offers an avenue for Users to view, publish, offer, search for, and book Services. Members who publish and offer accommodation Services are “Hosts” and Members who search for, book, or use the Services on the Platform are “Guests.”. Hosts using this Platform get to advertise their apartments for Shortlets, leases or even outright sale, while for the Guests, Brigow offers the Accommodation listed by the Host in the same vein.  

Users must register an account to access and use the features offered by this Platform, and must keep their account information accurate. Brigow does not own, control, offer or manage any Listings. When Guests book Accommodation on the Platform, they are entering into a contract directly with the Host. Unless clearly stated otherwise, We are not a party to the contracts entered into directly between Hosts and Guests, nor are we a real estate broker, travel agency, or insurer. Brigow does not act as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”).

2. Searching and Booking on Brigow.

When you book an apartment via our Website, you automatically agree to pay all charges for your booking including the Reservation fee, Brigow’s Service Fee, all applicable taxes and all other items identified during checkout which collectively culminate to the “Total Price” for the booking. Upon receipt of your booking confirmation, a contract (a ‘Reservation’) is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with all the terms of the Reservation, including without limitation, the Cancellation and Refund Policy and any other rules, standards, policies, or requirements identified on the Website or during your checkout as it applies to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a reservation.

3. Accommodation Reservation

An Accommodation Reservation is a limited license to enter, occupy, and use the apartment for the specified period of time as contained in the booking. The Host retains the right to re-enter the Accommodation during your stay, to the extent that is reasonably necessary, permitted by your contract with the Host, and consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties.

4. Cancellation & Refund Policy

We believe that this cancellation policy strikes a balance between offering guests the flexibility they need and ensuring that property owners can manage their bookings effectively. Please review this policy carefully before making a booking, and feel free to reach out to our support team if you have any questions or concerns. Your comfort and satisfaction are important to us, and we”re here to assist you throughout your journey with Brigow.

  • Free Cancellation Period:

Guests can enjoy free cancellation until 14 days before the scheduled check-in date.

For bookings made within 14 days of the check-in date, guests have a 48-hour window after booking to cancel for free.

After this period, guests can still cancel their bookings before the check-in date and receive a partial refund of the nightly rate, excluding the service fee.

  • Cancellation Within 7 Days of Booking Start Date:

If a guest decides to cancel their booking within 7 days of the booking start date, the first night”s stay will be forfeited, along with the Brigow service fee.

However, for any remaining nights in the room, guests will be eligible for a partial refund if they choose to cancel after checking in.

  • Special Circumstances:

We understand that unforeseen circumstances can arise. In special situations, guests may be eligible for a refund or an alternative apartment offered by Brigow. These cases will be assessed individually, and our team will work closely with guests to find the best possible solution. Check the special circumstances page to see if you are eligible

5. Eligibility for Full Refunds

Accommodations not accessible

In the event, a host cancels the booking within 24 hours of check-in, changes the reservation details without the consent of the guest or brigow, or fails to provide the keys or access code for check-in within an ample amount of time.

Issues related to the health and safety of guests

A homeowner/manager hasn’t cleaned the accommodation or disclosed the presence of pets or animals, or the accommodation contains health or safety hazards.

  • Guests need to notify Brigow within 24 hours if they experience any of these issues. The final decision regarding the guest’s refund or accommodation will be made by Brigow.
  • In addition to photos, videos, and other documentation, guests will be required to provide proof of their claim. The applicants must also show that they made attempts to contact brigow or the home owner and resolve the matter with the home owner. Following that, Brigow will investigate the claim and contact the guest with a resolution befitting the situation. We will assess the available evidence and decide how much would be remitted back to the guest excluding service charges.

6. Repair and Damages

Guests shall not effect structural repairs, permanent alteration, changes, addition and extension to the Accommodation without the prior written consent of Brigow or Host as the case may be. The Guest will be liable for the reasonable cost of repairing, cleaning or replacing any property of the Hosts which is damaged, soiled or lost by a Guest. The Guest shall be liable to replace the fixtures, fittings, glass or articles or any part thereof as contained in inventory signed by the Guest upon entry into the Accommodation, which may be destroyed or damaged and incapable of being restored to the condition it was in at the commencement of the Reservation, with articles of at least equal value or where required, pay an amount equivalent to the current market value of any of the items.

7. Failure to make Required Payments

Failure of a Member to make the required Payments shall entitle us to withhold services or, for avoidance of doubt, grants us the right to revoke a Guest’s access to the Accommodation or a Members access to the Platform while there are any outstanding fees, penalties and interest or if the Member is in breach of these terms and conditions.

Hosts

1. Hosting

When you accept or have approved a Reservation request by a Guest, you are entering into a legally binding agreement with the Guest. The Host hereby accepts that they will be required to refund any Payment made by the in the event of a breach of these Terms and the terms of the Agreement. Host cancellation penalties may also apply.

As part of the agreement between the Guest and the Host, the Host warrants that it shall provide to the Guest the booked apartment with all the amenities as outlined on the description page during the said booking.

2. Listing on the Platform

Hosts shall not list an Accommodation more than once on the Platform. To help create comfortable, reliable stays for Guests, we ask all Hosts to meet these basic requirements for each Listing:

  • Be responsive: Maintain a high response rate by replying to booking inquiries to their Listings on the Platform within 24 hours.
  • Provide Accurate Availability Dates: Once you indicate the availability of a Space on the Listing, you will be bound by it.
  • Avoid cancellations: We take cancellations seriously and ask all Hosts to avoid cancelling on Guests.

Brigow reserves the right to require that Listings have a minimum number of images and videos of a certain format, size and resolution. When creating a Listing through the Platform, the Host must:

  • Ensure identification of and full compliance with any law applicable to the Host with respect to the Accommodation before creating a Listing.
  • Provide complete and accurate information about the Accommodation (such as description, location, and calendar availability).
  • Properly and accurately fill in the fittings and framework inventory where provided.
  • Disclose all security cameras, Surveillance and other recording devices in their Listings. Brigow prohibits any security cameras and other recording devices that are in or that observe the interior of certain private spaces (such as bedrooms and bathrooms), regardless of whether they’ve been disclosed.
  • Disclose the presence of animals in their apartments. A dangerous animal is one that’s capable of causing serious harm to humans or other animals present in the Listing. Both wild and domesticated species can be considered dangerous.
  • Keep the Listing information (including calendar availability) up-to-date at all times. Where an Accommodation will not be available for any period, the Host shall be responsible for updating the Listing immediately and ensure that such information is communicated at least 48 hours before the reservation date.
  • Ensure pictures or videos used in your Listings accurately reflect the quality and condition of the Accommodation provided by the Host.

3. Refund Policy

Refunds and Cancellation Guidelines

  • Refunds can only be made before the booking date.
  • The maximum refundable amount is the amount settled to the home owner. Every commission by Brigow is non-refundable.
  • While offering help with rebooking, we have the option to cover or assist with the expense of alternative lodgings, but we are not obligated to do so. Additionally, we may propose to guests the alternative of utilizing the value of a canceled booking towards new accommodations instead of receiving a cash refund.
  • In the event that your guest cancels their reservation, whether prior to or during their stay, they will be refunded in accordance with Brigow’s cancellation policy. If a refund is due, the amount will be subtracted from your payout. To view your updated payout amount, please navigate to the ‘Bookings’ section and click on ‘Paid’.
  • If your guest cancels you would be notified immediately, Brigow will unblock the reservation dates, Brigow will coordinate payouts and refunds
  • If a Host cancels a reservation prior to check-in, their guest will automatically receive a full refund. If a Host cancels 30 days or less prior to check-in, and the guest contacts us, we will also assist the guest with finding comparable or better accommodations.
  • Please notify us of any issues with the booked apartment during your stay immediately becoming aware of them. If we determine that such an issue has negatively affected the guest’s stay, we will consider offering a full or partial refund according to Brigow’s cancellation policy, and potentially aid the guest in securing alternative accommodations, depending on the situation. The amount refunded will vary based on factors such as the severity of the issue, its impact on the guest, the duration of the stay that was affected, and whether or not the guest chooses to vacate the premises.
  • If a guest wishes to receive rebooking assistance or a refund, they must file a claim by contacting us. Claims must be submitted within 48 hours of discovering a Check-In Issue and must be substantiated by pertinent evidence, such as photographs or confirmation of the issue from the Host. We will assess the available evidence to determine if a Check-In Issue has indeed taken place.
  • Any fraudulent activity detected during the refund process will result in cancellation of the refund request and may lead to legal action.
  • Should a Homeowner/manager cancel a guest’s stay, the Host will have to forfeit their payout entirely to the guest. Whenever possible, we will endeavor to verify a guest’s complaint with their Host. Hosts are also welcome to challenge a Check-In Issue by contacting us directly.
  • If you’re eligible for a refund, you’ll get it automatically within 5 days. Maybe even sooner. We’ll send your refund as soon as you cancel to the payment method you used when you booked the reservation, but your bank or credit card issuer may take longer to get it to you. It all depends on how you paid.

The refund policy for our guests can also be found on this page.

4. Insurance

Hosts shall obtain relevant and appropriate insurance for their Accommodation and shall renew any respective insurance policy carefully.

5. Host Warranty

Upon accepting a Reservation, the Host represents and warrants that any Listing posted on the Platform and the Reservation by a Guest will not breach any agreements the Host has entered into with any third parties, and shall comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licences and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of the Guest and any individuals the Guest invites to the Accommodation.

6. Taxes

Host Taxes: As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable Value Added Tax (VAT) or other taxes.

Collection and Remittance by Brigow: In certain circumstances where Brigow facilitates the collection and/or remittance of taxes on behalf of Hosts, you instruct and authorize Brigow to collect such taxes on your behalf, and/or to remit such taxes to the relevant tax authority. Any taxes that are collected and/or remitted by Brigow shall be identified to Members on their transaction records, as applicable. However, this does not in any way impose any liability on Brigow to collect and remit any such taxes on behalf of Members

General

1. User Registration/Members Account

You must register an account to access and use many features of Brigow’s website. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years and above. You represent and warrant that you are not a person or entity barred from using the Website under the laws of Nigeria, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Brigow if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers.

Users on the Site will be required to make an account prior to Listing or making a Reservation on the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Brigow reserves the right to conduct due diligence and KYC (Know Your Customer) checks on any User who registers on the Platform, by using the Platform the User hereby consents to us sharing non-public personal information for the KYC, identity and credit verification purposes. Brigow’s collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy.

To register on the Platform, Users may be asked to provide:

  • Personal information including full name, home address, and employment details
  • Email address
  • Bank Account Details
  • Bank Verification Number or other unique government identifier
  • Confirmed phone number
  • Work address and contact details of the employer/ partner
  • Alternative contact details
  • National identification
  • Photo taken through a selfie
  • Payment information

A Guest may not see the entire Host’s information, they will only see below after successful payments have been made:

  • Full name
  • Contact Number

However, Hosts may be granted access to the available information of any Guest who makes a reservation to enable the Host to conduct their own due diligence checks prior to accepting the reservation. By booking a reservation, the Guest consents to us sharing this information with the Host and consents to the Host conducting such due diligence checks.

2. Dispute Resolution

Brigow and any of its Members shall use their best efforts to settle amicably any dispute arising from or in connection with the Platform or this Terms. However, in the event of a dispute between the Parties or between Members in connection with or in relation to the Platform, this Agreement or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (Notice of Dispute) to the other Party and the Parties shall enter into mutual discussions to resolve such dispute.

If the dispute has not been settled pursuant to the provision above within ten (10) days from when the discussion was initiated, the dispute shall be referred to mediation in Lagos, Nigeria. If the dispute is still not resolved after fourteen (14) business days of it being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or arising out of or in connection with this Agreement.

3. Force Majeure

Brigow shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, an act of God or public enemy, pandemic, viral outbreak, government-imposed lockdowns, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war (declared or undeclared), revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the provider.

4. Waiver

The failure of the Brigow to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms in the future.

5. Relationship of Parties

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

6. Indemnification

The Members by this Terms hereby agree to indemnify and exempt Brigow from all liabilities that may arise in respect of any injury, death, sickness or ill-health caused to or suffered by the customer and its personnel as a result of their habitation in the apartment within the specified period in the contract.

7. Fees

Brigow shall charge fees and applicable taxes from Hosts and Guests for the right to use its Platform. Except as otherwise provided on the Website, Service Fees are non-refundable and Brigow reserves the right to change the amount paid as Service Fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. In the event that a Guest disagrees with a fee change, such Guest may terminate this agreement at any time.

8. Termination, Suspension and other Measures

The agreement between you and Brigow reflected by these Terms comes into effect when you access Brigow’s website and create an account, and shall remain in effect until either you or we terminate the agreement in accordance with these Terms.

You may terminate this agreement at any time by sending us an email or by deleting your account. Brigow may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Brigow may also terminate this agreement immediately and without notice and shall cease to provide you as a Guest or Host access to the website if you breach these Terms, violate applicable laws, or we reasonably believe that termination is necessary to protect Brigow, its Members, or third parties. If your account remains inactive for more than one (1) year, We may terminate your account without prior notice.

In the event of negligible contraventions as Brigow determines in its sole discretion, you shall be given notice of any intended measure by Brigow and an opportunity to resolve the issue. Please note that Brigow deserves the right to take any action which it deems reasonably necessary to comply with applicable laws, order of Court, or directions of any other administrative agency, law enforcement or governmental body.

If you are a Host and terminate your Brigow’s account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s Cancellation Policy with the Host.

9. Brigow’s Website/Platform Rules

As a Host or Guest, you shall be expected to comply with the rules outlined below and must not induce others to break or circumvent these rules. A Host or Guest shall:

  • Not lie or impersonate another or declare a false identity.
  • Be polite and respectful when communicating or interacting with others.
  • Shun all forms of discrimination or harassment based on gender, age, sex, ethnicity or religion.
  • Not aid or encourage the hacking of Brigow’s Platform
  • Not access or collect by automated means or otherwise data or any other information gotten from the Website
  • Not take any action that can damage or adversely affect the performance or proper functioning of the website.
  • Only use the Website as authorized by these Terms or any other agreement between Brigow and such Guest or Host.
  • Not store or allow being stored on the Accommodation any flammable substances and explosives except for liquefied petroleum gas for cooking purposes. Such gas must be stored in the designated place provided outside the kitchen and safely piped into the apartment. Gas cylinders must not be placed inside the kitchen of the apartment.
  • Not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application or service before, during or after a Reservation, unless authorized by Brigow.
  • Not engage in any practices that are intended to manipulate Brigow’s search algorithm.
  • Not book Host Services unless you sincerely intend to use the Host’s Services.
  • Not use, copy, or display the Website or Contents, or any page layout or design without our consent.
  • Not use the name, logo, branding, or trademarks of Brigow without permission.
  • Not book a Reservation for the purpose of facilitating prostitution or participation human trafficking.
  • Not book a Reservation for the purpose of committing an offence under the laws of the Federal Republic of Nigeria.

10. Anti-Money Laundering Policy

We hereby declare that Brigow is not in any way engaged in money laundering and hereby shuns all forms of money laundering activities and shall not permit the use of its website for the propagation of money laundering activities.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and shall remain enforceable.

12. Entire Agreement

These Terms are the entire agreement between the Parties with respect to the Platform, including use of the Accommodation, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Parties with respect to the Services.

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