Terms of Service/ User Agreement
Dated the 8
th
day of June 2024
Introduction
Welcome to the Havenmobile Spa website (the Site”). These terms &
conditions/user Agreement (“Terms and Conditions”) apply to the Site, and all of
its divisions, subsidiaries, and affiliate.
This website is owned and operated by Haven mobile logistics limited
RC:7397402
You are one party and the other party is. Haven mobile logistics limited or one of
its affiliates for the purposes of this Agreement/ (“Terms and Conditions”), you
and Havenmobile Spa will be jointly referred to as the “Parties” and respectively as
a Party”. The massage therapist shall be referred to as the first party” while the
client seeking the services of a message therapist shall be referred as the second
party”.
The Site reserves the right, to change, modify, add, or remove portions of the
Terms and Conditions of Use/ user agreement at any time. Changes will be
effective when posted on the Site with no other notice provided. Please check these
Terms and Conditions regularly for updates. Your continued use of the Site
following the posting of changes to these Terms and Conditions constitutes your
acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this
website as your use of the website indicates your agreement to be wholly bound by
its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and
Conditions or have any questions regarding the Terms and Conditions, you will not
hesitate to contact us for clarification. These Terms and Conditions fully govern
the use of this website. No extrinsic evidence, whether oral or written, will be
incorporated.
Terms and Conditions of Use of the Site
1. You confirm that you are at least 18 years of age or are accessing the Site
under the supervision of a parent or legal guardian.
2. All parties agree that this website may only be used in accordance with these
Terms and Conditions of Use. If you do not agree with the Terms and
Conditions of Use or do not wish to be bound by them, you agree to refrain
from using this website.
3. We grant you a non-transferable, revocable and non-exclusive license to use
this Site, in accordance with the Terms and Conditions of Use, for such
things as: Listing massage services on the site, gathering prior information
regarding booking of massage sessions and making payments. Commercial
use or use on behalf of any third party is prohibited, except as explicitly
permitted by us in advance.
4. These Terms and Conditions of Use specifically prohibit actions such as:
accessing our servers or internal computer systems, interfering in any way
with the functionality of this website, gathering or altering any underlying
software code, infringing any intellectual property rights. This list is non-
exhaustive and similar actions are also strictly prohibited.
5. Any breach of these Terms and Conditions of Use shall result in the
immediate revocation of the membership in this paragraph without prior
notice to you. Should we determine at our sole discretion that you are in
breach of any of these conditions, we reserve the right to deny you access to
this website and its contents and do so without prejudice to any available
remedies at law or otherwise.
6. Certain services and related features that may be made available on the Site
may require registration or subscription. Should you choose to register or
subscribe for any such services or related features; you agree to provide
accurate and current information about yourself, and to promptly update
such information if there are any changes.
7. In order to open an account, you will be asked to provide us with certain
information such as an account name and password. You are solely
responsible for maintaining the confidentiality of your account, password
and other account identifiers, for restricting access to your computer, and for
all activities that occur under your account or password. Please make sure
the information you provide to Havenmobile Spa upon registration and at all
other times is true, accurate, current, and complete to the best of your
knowledge..
8. The account owner is entirely responsible for all activities that occur under
such password or account. Furthermore, you must notify us of any
unauthorized use of your password or account. The Site shall not be
responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with, your
failure to comply with this section.
9. During the registration process you agree to receive promotional emails
from the Site. You can subsequently opt out of receiving such promotional
e-mails by clicking on the link at the bottom of any promotional email.
10. Anything that you submit to the Site and/or provide to us, including but not
limited to, questions, reviews, comments, and suggestions (collectively,
Submissions”) will become our sole and exclusive property and shall not be
returned to you.
11. In addition to the rights applicable to any Submission, when you post
comments or reviews to the Site, you also grant us the right to use the name
that you submit, in connection with such review, comment, or other content.
12. You shall not use a false e-mail address, phone number, pretend to be
someone other than you or otherwise mislead us or third parties as to the
origin of any Submissions. We may, but shall not be obligated to, remove or
edit any Submissions.
13. By booking a massage session or signing up, you agree to receive a) emails
associated with finalizing your booking, which may contain relevant offers
from third parties, and b) emails asking you to review Havenmobile Spa or
the massage therapist and your massage session and c) promotional emails,
SMS and push notifications from Havenmobile Spa. You may unsubscribe
from promotional emails via a link provided in each email. If you would like
us to remove your personal information from our database, unsubscribe from
emails and/or SMS, please email Customer Service.
14. The third party undertakes to pay 10% of the massage fee upon the
confirmation of the booking and the balance of 90% upon the arrival of the
massage therapist “2
nd
party” and before the session commence.
15. We accept credit cards, debit cards and/or such other payment methods we
may make available to you from time-to-time through our site, as forms of
payment. You are subject to all terms and conditions of the payment method
you choose. By confirming a booking through the Service, you authorize us,
or our designated payment processor, to charge the account you specify for
the purchase amount.
16. The 2
nd
party undertakes to be sole responsible for their safety while
attending to the 3
rd
party. And further undertakes to clock in upon arrival to
meet the 3
rd
party and before the commencement of the massage session and
to also clock out through the website upon the completion of the massage
session and on departure. Failure of the 2
nd
party to clock in before the
session and after the session will lead to blacklisting of the second party.
17. We shall not liable in whatever form from any activities involving the 2
nd
and 3
rd
party outside of the services expressly stated on the websites
18. You accept that the information contained in this website is provided as is,
where is, is intended for information purposes only and that it is subject to
change without notice. Although we take reasonable steps to ensure the
accuracy of information and we believe the information to be reliable when
posted, it should not be relied upon and it does not in any way constitute
either a representation or a warranty or a guarantee.
19. Massage services representations expressed on this Site are those of the
second party the massage therapist” and are not made by us. Listings or
opinions expressed on this Site are those of the individual posting such
content and may not reflect our opinions.
20. We make no representations as to the type of massage services listed by the
second party on our website, and we hereby disclaim all warranties, whether
express or implied, as to the fitness/ suitability of the massage type listed on
our website for any particular purpose.
21. We shall not be held responsible or made liable for any damages or injury
which may arise as a result of any error, omission, interruption, deletion,
delay in operation or transmission, computer virus, communication failure
and defect in the information, content, materials, software or other services
included on or otherwise made available through our Website. We
understand that certain state laws do not allow limitations on implied
warranties or limitation of certain damages, these disclaimers may therefore
not apply where these laws are applicable.
22. Havenmobile Spa takes no responsibility and assumes no liability for any
User Content or for any loss or damage resulting therefrom, nor is
Havenmobile Spa liable for any action of the second party massage
therapist” during the massage session, mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may
encounter when using the Services. Your use of the Services is at your own
risk. In addition, these rules do not create any private right of action on the
part of any third party or any reasonable expectation that the Services will
not contain any content that is prohibited by such rules.
23. Our aim is to ensure accessibility to the website at all times, however we
make no representation of that nature and reserves the right to terminate the
website at any time and without notice. You accept that service interruption
may occur in order to allow for website improvements, scheduled
maintenance or may also be due to outside factors beyond our control.
24. We may include links to third party websites at any time. However, the
existence of a link to another website should not be consider as an affiliation
or a partnership with a third party or viewed as an endorsement of a
particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at
his or her own risk. We accept no responsibility for any content, including,
but not limited to, information, products and services, available on third
party websites.
25. Creating a link to this website is strictly forbidden without our prior written
consent. Furthermore, we reserve the right to revoke our consent without
notice or justification.
26. Both parties agree that all intellectual property rights and database rights,
whether registered or unregistered, in the Site, information content on the
Site and all the website design, including, but not limited to, text, graphics,
software, photos, video, music, sound, and their selection and arrangement,
and all software compilations, underlying source code and software shall
remain at all times vested in us or our licensors. Use of such material will
only be permitted as expressly authorized by us or our licensors.
27. Any unauthorised use of the material and content of this website is strictly
prohibited and you agree not to, or facilitate any third party to, copy,
reproduce, transmit, publish, display, distribute, commercially exploit or
create derivative works of such material and content.
28. Any personal information collected in relation to the use of this website will
be held and used in accordant with our Privacy Policy, which is available on
our Site.
29. You agree to indemnify and hold us, our affiliates, officers, directors, agents
and/or employees, as the case may be, free from any claim or demand,
including reasonable legal fees, related to your breach of these Terms of Use
and User Agreement.
30. These Terms and Conditions of Use shall be interpreted and governed by the
laws in force in the Federal Republic of Nigeria. Subject to the Arbitration
section below, each party hereby agrees to submit to the jurisdiction of the
courts of Nigeria and to waive any objections based upon venue.
31. Any controversy, claim or dispute arising out of or relating to these Terms
and Conditions of Use will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator held in Nigeria in
English and governed by Nigeria law pursuant to the Arbitration and
Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as
amended, replaced or re-enacted from time to time.
32. The arbitrator shall be a person who is legally trained and who has
experience in the information technology field in Nigeria and is independent
of either party. Notwithstanding the foregoing, the Site reserves the right to
pursue the protection of intellectual property rights and confidential
information through injunctive or other equitable relief through the courts.
33. In addition to any other legal or equitable remedies, we may, without prior
notice to you, immediately terminate the Terms and Conditions of Use or
revoke any or all of your rights granted under the Terms and Conditions of
Use. Upon any termination of this Agreement, you shall immediately cease
all access to and use of the Site and we shall, in addition to any other legal or
equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of this Site in
whole or in part. Any termination of this agreement shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination.
34. You furthermore agree that the Site shall not be liable to you or to any other
person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules,
policies, guidelines, or practices of Haven mobile logistics limited in
operating the Site, your sole and exclusive remedy is to discontinue using
the Site.
35. We reserve the right to disable your user account at any time, including if
you have failed to comply with any of the provisions of these terms, or if
activities occur on your account which, in our sole discretion, would or
might cause damage to or impair the Services or infringe or violate any third
party rights, or violate any applicable laws or regulations
36. If any portion of these terms or conditions is held by any court or tribunal to
be invalid or unenforceable, either in whole or in part, then that part shall be
severed from these Terms and Conditions of Use and shall not affect the
validity or enforceability of any other section listed in this document.