Terms of service

Section 2

Description of our services

We provide a hub for you to access a wide range of entertainment, leisure, and relaxation services in Nigeria.

Section 3

Opening an account

To subscribe to any of our services, you will be required to open an Account with us. At the right top of our website, there is a function for signing in which will lead you to where you may create an Account with us. In creating an Account, you will input your username and a password that will be associated with your Account. Once you create an account and accept these Terms, you will be able to navigate our website and subscribe to any of our Services.

In opening an Account with us, you warrant that you are legally capable of subscribing to our Services and are not barred by any applicable law at the time of creating the account to subscribe to our services. You may not allow the use of your account by any third party or others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorized to represent you. You are fully responsible for the non-disclosure of your Login Credentials and the use of your Account. You may only create one (1) Account on our website. You warrant that you may not use the log-in details of another person without his/ her authority.

We reserve the right to refuse your use of any username or password that we consider obscene or outrageously offensive. In the same connection, we reserve the right to refuse your application to create an Account with us in our sole discretion.

You will be responsible for maintaining the confidentiality of your Account details. Chillsbay will not be liable for any loss that you incur as a result of someone else using your log-in details either with or without your knowledge. Consequently, you are responsible for maintaining and preserving the security, inviolability, and confidentiality of your Account Details.

Section 4

Verification of your identity; accurate information

You agree to provide true, accurate, current, and complete information to us, and represent and warrant that the name and address, and all other information you supply when opening an Account with us, and anytime thereafter, are true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to refuse or limit access to, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of our Services.

Section 5

Account number and password security

You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your Account. You agree to take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your account number and password to anyone, and accept full responsibility for all activities and transactions that occur under your Account, whether or not authorised by you. You also agree to (i) immediately notify us by email of any unauthorized use of your Account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Section 6

Our privacy policy

Chillbsay is committed to protecting your personal data and respecting your privacy. Chillsbay collects and further processes personal data pursuant to the Data Protection Act and relevant data protection regulations as are issued by the Nigerian Data Protection Commission (hereafter the “Commission”) on the protection of natural persons with regard to the processing of personal data by the Chillsbay.

By using our Services, you consent to the collection, use, disclosure, and transfer of your personal and non-personal information, along with other information, within Nigeria and/ or to other countries for storage, processing, and use by us, subject to the terms of our privacy policy, which can be updated from time to time, and accessed via the Privacy Policy link on our Website, and which you acknowledge you have read and agreed to.

By accepting these terms, you warrant that you have read and understood our Privacy Policy which is available on our website, as may be updated from time to time.

Section 7

Limitation of liability

Chillsbay disclaims and excludes itself from any liability for, arising from or in connection with, any loss or damage (including without limitation any direct, indirect, special, incidental, consequential or punitive damages) arising from any circumstance beyond Chillsbay’s reasonable control, including but not limited to:

• any force majeure events which include but not limited to any event (including Act of God), beyond the control and without the fault of Chillsbay which renders it impracticable and impossible from reasonable standards for Chillsbay to abide by these Terms and any other binding rules.
• any security breach or unauthorized use of your Account or unwanted programmes or material, malwares, trojans, worms, or viruses transmitted when using our Services.
• any inaccurate content, loss or unavailability of data or lack of access to, unavailability of or delay in the Services caused by a third party without the fault or negligence of Chillsbay.
• any action of third-party service providers on the website.

You agree to indemnify, defend, and hold harmless Chillsbay from any and all third-party claims, liability, damages and/ or costs (including, but not limited to, attorney fees) arising from your use of the Services, your violation of these Terms or the infringement or violation by you or any other user of your Account, of any intellectual property or other right of any person or entity.

Any limitation or exclusion of Chillsbay’s liability and any warranty or indemnification given by you in these Terms of Use also apply to each member of Chillsbay; their directors, officers, employees, agents, and partners in providing the Services.

Section 8

Intellectual property rights

All of the content on the Services, website, and the trademarks, service marks, and logos contained on the website, are owned by or licensed to us and are subject to copyright and other intellectual property rights under any laws in the Federal Republic of Nigeria and foreign laws and international conventions and other relevant soft laws/ codes. The Services and other information on the website are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Services and information on our website. If you download or print a copy of the information for your own personal use, you must retain all trademark, copyright, and other proprietary notices contained in and on the information.

Section 9

User misconduct

We reserve the right, but do not undertake the obligation to: (i) monitor or review the Services for violations of these Terms and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (iii) manage the website in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the website; (iv) screen our users, or attempt to verify the statements of our users and/ or (v) monitor disputes between you and other users or to terminate or block you and other users from violating these Terms.

Links to third-party websites and platforms (referred to as "Third Party Sites") may appear in our service, and you may be able to share information with Third Party Sites via links on our website; however, please note that we do not own or operate Third Party Sites, and we are unable to review all of the content—including products and services—that is made available on Third Party Sites. The fact that these links are present on our website does not signify, guarantee, or suggest that we approve of any content, ideas, products, or services found on Third Party Sites. Third-party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. These Terms do not apply to Third Party Sites. Before visiting a Third Party Site through links or other means provided on or through the Service, you should review the Third Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies, and practices of these Third Party Sites.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Service to any person for any reason or no reason at all, as permitted by applicable law, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms, or your breach of any terms between you and one of our subsidiaries or affiliates, or any applicable law or regulation. Without limiting the foregoing, we reserve the right to cancel any reservations made using the Service for fraud, dishonesty, violation of law, rules or regulations and/ or abuse of complimentary rooms or offers.

Section 10

Prohibited / unauthorized acts

You may not use our website for any purpose other than for that which it has been designed for and in line with these Terms. As a User, you agree not to:

• Retrieve data or other content from the website to create or compile a database or directory for some other use.
• Trick, defraud, or mislead us or other Users.
• Tarnish or Harm, in our opinion, Chillsbay and its services.
• Misuse the support services or submit false reports of misconduct.
• Attempt to impersonate another person or User.
• Harass, intimidate, or threaten any of our employees engaged in providing any aspect of the Services to you.
• Assign, transfer, or novate any right or obligation under these Terms to another person.
• Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications.
• Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, invade the privacy, or violate the personal or proprietary right, of any person or entity.
• Use the Service to promote any franchise, pyramid scheme, “club membership,” distributorship, sales representative agency arrangement, or other business opportunity that requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents.
• Circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict the use or copying of any information or enforce limitations on the use of the Service or the information on the website.
• Monitor, copy, scan, review, index, mirror, ping, or validate the Chillsbay websites without our prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).

Section 11

User feedback

By submitting any ideas, comments, suggestions, or other information to us through or in connection with the Service (collectively, “Feedback”), you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market and distribute the Feedback in connection with the Service, our business, or the promotion of the Service or our business, in any media formats and through any media channels now known or subsequently created without any compensation to you. None of the Feedback shall be subject to any obligation of confidentiality on Chillsbay’s part and Chillsbay shall not be liable for any use or disclosure of any Feedback. You also warrant that the holder of any rights, including moral rights in any Feedback, has completely and effectively waived all applicable rights and validly and irrevocably granted you the right to grant Chillsbay the rights described in this section.

Section 12

Assignment

We may assign any or all of our rights in relation to these Terms without notifying you and seeking and obtaining your approval.

Section 13

Disclaimer and warranties

The Services and the entirety of the content and information and materials provided therewith are provided on an “As Is,” “Where Is,” “As Available,” “With All Faults” basis, and Chillsbay hereby disclaims all express and implied warranties including, but not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose. To the maximum extent permitted by applicable law, Chillsbay expressly disclaims any and all warranties and representations that: (I) the Services will meet User's requirements; (Ii) access to the Services will be uninterrupted, timely, secure, or error-free; (Iii) any information obtained through or from the Services will be accurate or reliable; (Iv) the quality of any products, Services, information, or other material purchased or obtained by user through the Services will meet expectations; (v) any user-provided information will not be disclosed to third-parties; or (vi) any data or software errors will be corrected.

To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness, or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (c) any unauthorized access to or use of our secure servers and/ or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/ or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.

By using the Service, you agree to hold Chillsbay free from responsibility for any liability or damage that might arise out of your use of the Service. To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including lost profit damages arising from your use of the Service, any materials or any other content therein. Notwithstanding anything to the contrary contained in these Terms, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed Twenty Thousand Naira (NGN 20,000.00) only.

Section 14

Indemnity

You hereby agree, at your expense, to indemnify, defend, and hold harmless, Chillsbay, its officers, directors, investors, members, managers, partners, affiliates, employees, agents, service providers, and other contractors from and against any loss, cost, damages, liability and/ or expense, including reasonable attorney fees, arising out of or relating to third party claims, actions or allegations brought against Chillsbay arising out of your use of the Service. You will not be required to indemnify and hold Chillsbay harmless from and against any claims, liabilities, damages, losses, or expenses resulting from Chillsbay’s own negligent conduct.

Section 15

No agency / partnership

These terms do not create any agency and/ or partnership relationships between you and Chillsbay. Also, if any of our employees, officers, or servants, offers to carry out any service, activity, or obligation which is contrary to these Terms or to delete, alter, update, amend these Terms, s/he is not acting as Chillsbay’s agent. Consequently, if you deal with any of our employees in this regard, you do so at your own peril as Chillsbay will not be held liable for any loss/ liabilities/ damage arising or in connection with the arrangement between you and any of our employees. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

Section 16

Entire agreements

These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

Section 17

Severability

These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Section 18

Applicable laws

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The Parties shall strive reasonably to amicably settle all disputes arising out of or in connection with these Terms. Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to any competent court in Nigeria.