Terms & Conditions
INTRODUCTION
Please read these terms and conditions carefully before signing up to the E-ticketing Application.
Terms of Use
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user”) and Fane Warri-Itakpe Ticketing Solutions Limited, a company registered under the laws of Nigeria and having its registered address at 11 Tairu-Olugbani Street, Oregun, Lagos (“Fane”, “we,” “us” or “our”), concerning your access to and use of the E-ticketing Mobile Application as well as any other media form, media channel, or related, linked, or otherwise connected thereto (collectively, the “App”).E-ticketing applications and websites give assistance and acquaint customers with online bookings for transit.The use of this website by you does not create an employer/employee relationship, a joint venture shareholder agreement, a memorandum of understanding or a partnership agreement.
By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "your" will refer to that entity as well as yourself.1.3 We reserve the right to revise these Terms and Conditions at any time, and/or issue supplemental terms and conditions at its sole discretion, with or without notice, by posting an updated version to the App. These supplemental terms and conditions are incorporated by reference to these Terms and Conditions of use. You agree that it becomes an obligation that you visit this page periodically to review the most current Terms. By continuing to access or use the Services after updated terms have been posted, you agree to be bound by the updated Terms. Certain portions of the Services or Products may have additional terms and conditions and by continuous use of this App, you agree to be bound by such terms and conditions.
Definitions
“Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having sufficient controlling interest to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.
“Agreement” means this Terms and Conditions
“Actual Services” means the services to be provided by an online booking platform and controlled by FANE, upon the subscription to the App which includes: [An easy registration process,Live Train Routes,Multiple language options,Multiple User Booking,Next Day Booking,Nearest Train Stations,Online Payments,Reserved seating].
“App” means the online booking software application downloadable on android and IOS devices from google play store and the iTunes app store respectively, and any other software application made by NRC for use on a mobile device or tablet, developed by FANE.
“Content” means all the information provided in E-ticketing web Application or in the Mobile App, including all text, images, audio content, videos, designs, graphics, information, logos, downloadable content, software, and any other content contained therein and all patents, copyrights, trademarks, service marks, intellectual property and/or other.
“Force Majeure” means unusual and unforeseeable circumstances beyond your control, the consequences of which could not have been avoided even if all due care had been exercised. Circumstances that are within your control and are foreseeable include, but are not limited to, lateness to train station; a pre-existing medical condition of you or anyone travelling with you or a close family member or partner of which you were aware or should have been aware with the exercise of due diligence at the time of issue of your ticket; a pre-existing commitment relating to your employment or business or personal life of which you were aware, or should have been with the exercise of due diligence at the time of issue of your Ticket.
“User(s)” means the App users who have subscribed to the use of the App.
“E-ticketing App” means this [the online platform/solution] by which users are subject to these Terms and Conditions and are able to access services.
“Services” means the aggregate services available to users which includes easy registration process, Multiple language options, Multiple User Booking, Next Day Booking, Nearest Train Stations, Easy payment, Reserved seating.
“Special services” services which will be provided by a Third-Party Independent Contractor available to users on the App. The provision of Special Services shall attract an administrative fee, in addition to the cost of the Special Services provided by the Independent Contractor as stated in the definition section of this Agreement.
“Tariff” means the published fares, charges applicable.
“Territory” means Nigeria.
“Ticket” means either the paper document marked Passenger Ticket or Baggage ticket or an electronic ticket, which we or our authorized agent have issued to you.
“Third Party Independent Contractor” means any third-party technical enterprise on the list of service providers on the App, offering various services, and available to render Special Services to users who are not subject to the control and supervision of FANE and for whose acts and omissions, FANE is not contractually or legally responsible for.
“Validity Period” means the period for which your ticket is valid for use.
About NRC E-ticketing App
3.1 NRC E-ticketing App is an online booking platform which provides a simple and quick means to manage online or onsite ticketing and registration for Customers or other Users. Descriptions of other and more specific services can generally be found on the Site of Fane Warri-Itakpe Ticketing Solutions Limited.
Ticket
The ticket issued is not transferable as we will only provide services to the Passenger named on the Ticket, and you will be required to produce appropriate national identification such as your international passport, driver’s license, etc to confirm that you are the Passenger named on the Ticket.
4.1 In case of loss or mutilation of a Ticket (or part of it) by you, upon your request, we may at our sole discretion, and without liability replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for our services in question was duly issued and you agree to reimburse us for the costs and losses specified in clause 4.4 below. Tickets will only be replaced upon receipt of the fee for reimbursement.
a) We may charge a reasonable administrative fee for this service. We may also seek reimbursement from you for any costs or losses, up to the value of the original ticket, which is necessary and reasonably incurred by us or another third-party for misuse of the Ticket. However, we will not claim reimbursement from you for any such losses which result from our negligence
b) Where such evidence is not available or you do not sign such an agreement, we may require you to pay up to the full ticket price for a replacement Ticket.
c) Any reimbursement agreement signed will be for an amount up to the value of the original Ticket unless the replaced Ticket is subsequently used or cashed in by you, in which event your obligation to reimburse will also include our costs and expenses (including legal fees and expenses) of locating/notifying you and enforcing the agreement together with a reasonable administration fee in the same currency used to purchase the Ticket.
d) Except as otherwise provided on the Ticket, in these Terms and Conditions, or in any applicable Tariffs (which may limit the validity of a Ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for 24 hours from the date of issue; or subject to its first use occurring within 24hours from the date of issue.
Eligibility
5.1 By utilizing this App, you represent and warrant that (i) you are of legal age (18 years) to enter into a binding contract, (ii) every information provided by you is accurate.
Services
6.1 FANE offers an online booking platform which allows users to self-book and pay through our website and other channels.
6.2 By subscribing to this App, you will be entitled to the following Services:
6.2.1 “Actual Services” which includes and is limited to [Easy registration process, Reserved Seating, Easy Payment, Multiple Language Options, Train Routes, Multiple User Booking, Next day booking, Nearest Train Stations].
6.2.2 “Special services” services which will be provided by a Third-Party Independent Contractor available to users on the App. The provision of Special Services shall attract an administrative fee, in addition to the cost of the Special Services provided by the Independent Contractor as stated in the definition section of this Agreement.
6.3 You acknowledge and agree that the provision of the Services via the E-ticketing App in respect of Special Services creates a legal and direct business and a contractual relationship between users and the Independent Third-Party Service provider. FANE and its Affiliates in the Territory do not, and shall not be deemed to, direct or control the third-party service provider or its workmen/technicians generally or in their performance under this Agreement specifically, including in connection with the manner of the operation in respect of the Special Services. The acts or omissions of the third-party service providers or their workmen or agents. Whilst authorized to provide special services under this Agreement, Third Party Service Providers retain the sole right to determine when and for how long the Services will be concluded.
Disclaimer/Limitation of Liability/Indemnity
7.1 You agree that the E-ticketing App is provided on an as-is and as-available basis and that your use of the App and its Services will be at your sole risk. To the fullest extent permitted by law, FANE disclaims all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FANE makes no warranties or representations about the accuracy or completeness of the App’s content or the content of any websites linked to this App and we assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (6) 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 via the App. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and
a. will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
b. In no event will FANE its affiliates, directors, employees, or agents be liable to users or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages. By this present, Users agree that any statutory or common law rights which make any exceptions to any laws on limitation of liability or exclusion terms are excluded from and are inapplicable to this agreement.
c. You agree to defend, indemnify, and hold FANE harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Term and Termination
8.1 These Terms of Use shall remain in full force and effect while you use the App. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the App at any time, without warning, in our sole discretion.
8.2 You reserve the right to stop or discontinue using services of FANE at any time by signing out or ceasing to use the App. In such an event, you should note that there is no provision for refund of any fees made prior to such termination of services.
Governing Law & Dispute Resolution
9.1 These terms shall be interpreted and construed according to and governed exclusively by and construed in accordance with the laws of the Federal Republic of Nigeria.
9.2 Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the Lagos Court of Arbitration Mediation Rules (“LCA Mediation Rules”).
9.3 If such dispute has not been settled within sixty (60) days after a Request for Mediation has been submitted under the LCA Mediation Rules, such dispute shall be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Lagos Court of Arbitration Rules ("LCA Arbitration Rules"). The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the LCA Rules. The place of arbitration shall be Lagos, Nigeria. The language of the arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the LCA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings, and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
No Class Actions
10.1 Parties agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding
Intellectual Property Rights
11.1 Unless otherwise indicated, the App is our proprietary property and all source codes, databases, functionality, software, website designs, audio, video, text, photographs, graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by FANE or licensed to it, and are protected by copyright and trademark laws and various other intellectual property rights in Nigeria, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
11.2 Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content and the Marks
User Representations
12.1 By using the App, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete;(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;](3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) not a minor in the Territory; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; (8) your use of the App will not violate any applicable law or regulation and (9)Be willing to use this Website in accordance with this Agreement.
12.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
Restrictions
13.1 There are terms and conditions set apart for the purchase of products as well as online reservations as you are bound by terms and conditions of any and all suppliers.
13.2 In making any payments and abiding by the regulations and caveats in connection with the availability, use of products and fares, you are bound by the terms and conditions of usage. We bring to your notice that certain service providers offering certain services may require that you append to their liability waiver before requesting/subscribing/purchasing those services.
13.3 You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of our products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
User Registration
14.1 You may be required to register with us. 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.
Modification of Agreement
15.1 We reserve the right to modify and make changes to these terms at any time and your continued use of this application will signify your acceptance of any adjustment to these terms. If a revision is material, we shall provide notice in a reasonable time, prior to any new terms taking effect, by delivering the revisions to the email you have provided. You are therefore advised to read this Agreement on a regular basis.
Assignment
16.1 You shall not assign or transfer this Agreement, without our prior written consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no effect. We may assign or transfer this Agreement in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Indemnity
17.1 You hereby agree to defend, indemnify, and hold harmless FANE, its Affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, suits, proceedings actions, demands, liabilities, damages, losses or expenses, arising out of, resulting from or related to (i) your use of the Services or (ii) your breach of these Terms, including your representations and warranties herein.
Entire Agreement
18.1 This Agreement constitutes the entire and exclusive understanding and agreement between FANE and you regarding the utilization of this App.
18.2 This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between FANE and you regarding the Services and the Products.
18.3 If there are any questions regarding FANE or this Agreement please contact us at:
Name: Fane Warri-Itakpe Ticketing Solutions Limited,
Address: 11 Tairu-Olugbani Street, Oregun, Lagos.
Email: [email protected]
Reviews, Comments, Communications and Other Content
19.1 You may post reviews, comments and other content (“User Content”) to the App website, so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
19.2 Users shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other User Content. Material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct constituting a criminal offence, gives rise to civil liability or otherwise violates any law will not be posted on or transmitted via the Website.
Interruptions to Service
20.1 FANE endeavours to provide this service 24 hours a day, without interruption. However, instances may occur where it is necessary to update/maintain this service/data held in it.
