Terms of Service

Welcome to the Gupa website or mobile properties, including related applications (collectively, this “Website”). This Website is provided solely to assist customers in gathering travel information, posting opinions of travel related issues, engaging in interactive travel forums, and searching for and booking travel reservations, and for no other purposes. The terms “we”, “us”, “our” and “Gupa” refer to Guests and Passengers Network Limited], a Nigerian company and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below [collectively, the “Agreement”]. By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

As a condition of your use of this Website, you warrant that:

• All information supplied by you on this Website is true, accurate, current and complete
• If you have a Gupa account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and
• You are 13 years of age or older in order to register for an account and contribute to our Website. Gupa does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

The content and information on this Website [including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material], as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

• Use this Website or its contents for any commercial purpose
• Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
• Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
• Deep-link to any portion of this Website for any purpose without our express written permission; or
• “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Gupa in connection with the Website or the services.

We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions [collectively, “Submissions”], you grant Gupa and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

• Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose
• Use the name that you submit in connection with such Submission. You acknowledge that Gupa may choose to provide attribution of your comments or reviews at our discretion. You further grant Gupa the right to pursue at law any person or entity that violates your or Gupa’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website [“Interactive Areas”]. If Gupa provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

• Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law enforce in Nigeria.
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Gupa;
• Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files;
• Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
• Content or links to content that, in the sole judgment of Gupa,
  (a) violates the previous subsections herein,
  (b) is objectionable,
  (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or
  (d) which may expose Gupa or its affiliates or its users to any harm or liability of any type.

Gupa takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Gupa liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Gupa is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Gupa has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Gupa reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that

• You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
• You have no objection to the publication, use, modification, deletion and exploitation of the Content by Gupa or its licensees, successors and assigns;
• You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and
• You forever release Gupa, and its licensees, successors and assigns, from any claims that you could otherwise assert against Gupa by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

Please read this section carefully. This section limits gupa’s liability to you for issues that may arise in connection with your use of this website. If you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this website.

The information, software, products, and services published on this website may include inaccuracies or errors. Gupa and its corporate affiliates do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the hotel, vacation rental properties, air, cruise, car and any other travel products displayed on this website (including, without limitation, photographs, list of hotel or vacation rental property amenities, general product descriptions, reviews and ratings, etc.). In addition, gupa expressly reserves the right to correct any errors on our website & application made which are incorrect.

Guests and passengers network limited (gupa) makes no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by gupa. All such information, software, products, and services are provided “as is” without warranty of any kind. Gupa disclaim all warranties and conditions that this website, its servers or any email sent from gupa, are free of viruses or other harmful components. Gupa hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

The third-party suppliers providing hotel or vacation rental property information, travel or other services on this website are independent suppliers and not agents or employees of the gupa (guests & passengers network limited). Gupa is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

In no event shall gupa (guests & passengers network limited) (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this website & application; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website & application) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if gupa has been advised of the possibility of such damages.

You agree to defend and indemnify Gupa and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this Agreement or the documents referenced herein;
• Your violation of any law or the rights of a third party; or
• Your use of this Website.

This Website & App may contain hyperlinks to websites operated by parties other than Gupa. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website and/or App or other websites) is free of such items as viruses, worms, Trojan Horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Gupa to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

Unless otherwise specified, the materials on the website and/or app are presented solely to provide information regarding and to promote Gupa’s services, websites, partners and other products available in Nigeria and other International territories. Gupa websites are controlled and operated by Gupa from its offices in the The Federal Capital Territory – Abuja, Nigeria. Gupa makes no representation that materials on the Gupa website & app are appropriate or available for use outside of the Nigeria. Those who choose to access the Gupa website & app from outside of Nigeria do so on their own initiative and are responsible for compliance with local laws.

Any software that is made available to download from the Gupa website & app (“Software”) is the copyrighted work of Gupa, or Gupa affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website and the Gupa Application, is owned by Gupa and/or its affiliates, and is protected by copyright laws and relevant Nigerian laws. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

All contents of this Website are: ©2016 Guests & Passengers Network Limited. All rights reserved. Gupa is not responsible for content on websites operated by parties other than Gupa. Gupa, the logo, the ratings bubbles and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks Guests & Passengers Network Limited and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gupa or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gupa and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gupa. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gupa.

This Website & Application is operated by a Nigerian entity and the laws of the Federal Republic of Nigeria govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in The Federal Capital Territory, Nigeria and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against Guests & Passengers Network Limited arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the Federal Capital Territory-Abuja-Nigeria. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Gupa (Guests & Passengers Network Limited) and/or affiliates as a result of this Agreement or use of this Website and/or Application.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website and/or App within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Gupa with respect to this Website and/or App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Gupa with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website and/or App are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.