Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies, and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.
Please note Section 22 of these Payments Terms contains an arbitration clause and class action waiver that applies to all PropertyListHub Members. Where your country of residence is Nigeria, this provision applies to all disputes with PropertyListHub Nigeria Limited. It affects how payment related disputes with PropertyListHub Nigeria Limited are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Please note that PropertyListHub is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: June 18, 2020
These Payments Terms constitute a legally binding agreement (“Agreement”) between you and PropertyListHub Nigeria Limited (as defined below) governing the Payment Services (defined below) conducted through or in connection with the PropertyListHub Booking Platform.
When these Payments Terms mention “PropertyListHub,” “we,” “us,” or “our,” it refers to PropertyListHub Nigeria Limited.
The PropertyListHub Terms of Service (“PropertyListHub Terms”) separately govern your use of the PropertyListHub Booking Platform. All capitalized terms have the meaning set forth in the PropertyListHub Terms unless otherwise defined in these Payments Terms.
1. Scope and Use of the Payment Services
PropertyListHub provides payments services to Members, including payment collection services, payments, and payouts, in connection with and through the PropertyListHub Booking Platform (“Payment Services”).
PropertyListHub may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of payment services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. PropertyListHub Nigeria Limited may improve, enhance, and modify its payment services and introduce new payment services from time to time. PropertyListHub Payments will provide notice to Members of any changes to the Payment Services unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. PropertyListHub is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by PropertyListHub Payments of such Third-Party Services.
You may not use the Payment Services except as authorized by Nigerian law. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a Nigerian Government embargo, or that has been designated by the Nigerian Government as a “terrorist supporting” country; and (ii) you are not listed on any Nigerian Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Key Definitions
Payout” means a payment initiated by PropertyListHub to a Member for services (such as Listing Fees) performed in connection with the PropertyListHub Booking Platform.
“Payment Method” means a financial instrument that you have added to your PropertyListHub Account, such as a credit card, debit card, or a Flutterwave account.
“Payout Method” means a financial instrument that you have added to your PropertyListHub Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
3. Modification of these Payments Terms
PropertyListHub reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the PropertyListHub Booking Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4. Eligibility, Member Verification
4.1 You must be at least 18 years old and able to enter legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.
4.2 PropertyListHub may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize PropertyListHub to screen you against third party databases or other sources and request reports from service providers. We also have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. PropertyListHub reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Account Registration
5.1 In order to use the Payment Services, you must have a PropertyListHub Account in good standing. If you or PropertyListHub closes your PropertyListHub Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your PropertyListHub Account in accordance with the PropertyListHub Terms. You acknowledge and agree that anyone you authorize to use your PropertyListHub Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6. Payment Methods and Payout Methods
When you add a Payment Method or Payout Method to your PropertyListHub Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to PropertyListHub or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is always your obligation to keep your Payment Method and Payout Method up to date. The information required for Payout Methods will depend on the Payout Method and may include:
- Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a Flutterwave payment account.
When you add or use a new Payment Method, PropertyListHub may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your PropertyListHub Account so it can be used for a future transaction.
Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and PropertyListHub is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
You authorize PropertyListHub to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your PropertyListHub Account.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. PropertyListHub is not responsible for any loss suffered by you because of incorrect Payment Method or Payout Method information provided by you.
7. Financial Terms for Hosts
PropertyListHub will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and PropertyListHub.
7.2.1 In order to receive a Payout you must have a valid and approved Payout Method linked to your PropertyListHub Account. PropertyListHub will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours of the Guest’s scheduled check-in time (or 24 hours of 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences and Events, 24 hours of the start of the Experience or Event; and (iii) for all other Host Services, at the time specified via the PropertyListHub Booking Platform. In certain instances, PropertyListHub may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.
7.2.2 The time it takes to receive Payouts once released by PropertyListHub may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. PropertyListHub Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.
7.2.4 In the event of a Guest’s cancellation of a confirmed booking, PropertyListHub will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.5 PropertyListHub Payments will remit your Payouts in Nigerian Naira via the PropertyListHub Booking Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the PropertyListHub Terms.
7.2.6 For compliance or operational reasons, PropertyListHub may limit the value of each individual Payout. If you are due an amount above that limit, PropertyListHub Payments may initiate a series of Payouts (potentially over multiple days) to provide your full payout amount.
8. Financial Terms for Guests
You authorize PropertyListHub to charge your Payment Method the Total Fees for any booking requested in connection with your PropertyListHub Account. PropertyListHub will collect the Total Fees in the manner agreed between you and PropertyListHub via the PropertyListHub Booking Platform. PropertyListHub will generally collect the Total Fees after the Host accepts your booking request. Any additional fees for using offered payment options will be displayed via the PropertyListHub Booking Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment options available on the Booking Platform. Additional terms and conditions may apply for the use of an alternative payment option. If PropertyListHub is unable to collect the Total Fees as scheduled, PropertyListHub will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.
When you request to book a Listing, PropertyListHub may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by PropertyListHub will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
You authorize PropertyListHub to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your PropertyListHub Account. You hereby authorize PropertyListHub to collect any amounts due, by charging the Payment Method provided at checkout, either directly by PropertyListHub or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the PropertyListHub Booking Platform (such as gift cards).
9. Appointment of PropertyListHub as Limited Payment Collection Agent
PropertyListHub shall be collecting payment for services provided via the PropertyListHub Booking Platform (such as Host Services or certain transactions facilitated through the Resolution Center) solely for the limited purpose of accepting funds from Members purchasing its services (“Purchasing Members”).
Each Providing Member agrees that payment made by a Purchasing Member through PropertyListHub, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that PropertyListHub may refund the Purchasing Member in accordance with the PropertyListHub Terms. Each Providing Member understands that PropertyListHub’s obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. PropertyListHub guarantees payments to Providing Members only for such amounts that have been successfully received by PropertyListHub from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, PropertyListHub assumes no liability for any acts or omissions of the Providing Member.
Each Purchasing Member acknowledges and agrees that, PropertyListHub is a party to the agreement between you and the Providing Member, PropertyListHub acting as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to PropertyListHub, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and PropertyListHub is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute PropertyListHub’s agreement with the Purchasing Member. If PropertyListHub does not remit any such amounts, the Providing Member will have recourse only against PropertyListHub and not the Purchasing Member directly.
10. General Financial Terms
PropertyListHub may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the PropertyListHub Booking Platform.
You authorize PropertyListHub to collect from you amounts due pursuant to these Payment Terms or the PropertyListHub Terms. Specifically, you authorize PropertyListHub to collect from you:
- Any amount due to PropertyListHub (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or user of the PropertyListHub Booking Platform), including reimbursement for costs prepaid by PropertyListHub on your behalf, by charging any Payment Method on file in your PropertyListHub Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by PropertyListHub will set-off the amount owed by you to PropertyListHub and extinguish your obligation to PropertyListHub.
- Any amount due to a Providing Member from a Purchasing Member which PropertyListHub collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
- Taxes, where applicable and as set out in the PropertyListHub Terms.
- Any amount you pay with your PropertyListHub Account. PropertyListHub may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your PropertyListHub Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
- Overstay Fees payable under the PropertyListHub Terms. In addition, PropertyListHub may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your PropertyListHub Account (unless you have previously removed the authorization to charge such Payment Method(s)).
- Any Service Fees or cancellation fees imposed pursuant to the PropertyListHub terms (e.g., if, as a Host, you cancel a confirmed booking). PropertyListHub will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees improperly paid to you as a Host. If, as a Host, your Guest cancels a confirmed booking or PropertyListHub decides that it is necessary to cancel a confirmed booking, and PropertyListHub issues a refund to the Guest in accordance with the PropertyListHub Terms, Guest Refund Policy, Cancellation Policy, or other applicable policy, you agree that in the event you have already been paid, PropertyListHub will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the PropertyListHub Terms. If PropertyListHub is unable to collect from your Payment Method used to make the booking, you agree that PropertyListHub may charge any other Payment Method on file in your PropertyListHub Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). PropertyListHub also reserves the right to otherwise collect payment from you and pursue any remedies available to PropertyListHub in this regard in situations in which you are responsible for a Damage Claim pursuant to the PropertyListHub Terms, including, but not limited to, in relation to any payment requests made by Hosts under the PropertyListHub Host Guarantee.
- Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your PropertyListHub Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by PropertyListHub will set-off the amount owed by you to PropertyListHub and extinguish your obligation to PropertyListHub.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
10.3.1 Any refunds or credits due to a Member pursuant to the PropertyListHub Terms, Cancellation Policy, Guest Refund Policy, and any other applicable policy will be initiated and remitted by PropertyListHub in accordance with these Payments Terms.
10.3.2 PropertyListHub will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.
10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), PropertyListHub may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the PropertyListHub Booking Platform if applicable to a booking.
10.4.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes PropertyListHub to collect the Total Fees, and the Host agrees that PropertyListHub will initiate Payouts, in the increments and at the frequency agreed to and identified via the PropertyListHub Booking Platform.
10.4.3 Guests may stop payment of a Recurring Payment by notifying PropertyListHub orally or in writing at least three (3) business days before the scheduled date of the payment. PropertyListHub may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, PropertyListHub is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact PropertyListHub.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) vide the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by PropertyListHub or a third party such as your financial institution.
10.6.1 If PropertyListHub is unable to collect any amounts you owe under these Payments Terms, PropertyListHub Payments may engage in collection efforts to recover such amounts from you.
10.6.2 PropertyListHub will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after PropertyListHub first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.
10.6.3 PropertyListHub will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after PropertyListHub first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.
10.6.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to PropertyListHub by you. Such communication may be made by PropertyListHub, PropertyListHub, or by anyone on their behalf, including but not limited to a third-party collection agent.
11. Security Deposits
11.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) PropertyListHub determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the PropertyListHub, you authorize PropertyListHub to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, PropertyListHub may charge the Payment Method used to make the booking for the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that PropertyListHub may charge any other Payment Method on file (and not otherwise unauthorized) in your PropertyListHub Account at the time of the Damage Claim.
11.2 PropertyListHub also reserves the right to otherwise collect payment from you and pursue any remedies available to PropertyListHub in situations in which you are responsible for a Damage Claim pursuant to the PropertyListHub Terms, including, but not limited to, in relation to any payment requests made by Hosts under the PropertyListHub Host Policy.
12. Abandoned Property
If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
13. Prohibited Activities
You are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not, and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the PropertyListHub Terms, Polices, or Standards.
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms.
- register or use any Payment Method or Payout Method with your PropertyListHub Account that is not yours or you do not have authorization to use.
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PropertyListHub or any of PropertyListHub providers or any other third party to protect the Payment Services
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14. Intellectual Property Ownership, Rights Notices
The Payment Services are protected by copyright, trademark, and other laws of Nigeria. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of PropertyListHub and its licensors, where it is applicable. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying PropertyListHub. All trademarks, service marks, logos, trade names, and any other proprietary designations of PropertyListHub used on or in connection with PropertyListHub are trademarks or registered trademarks of PropertyListHub in Nigeria. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with PropertyListHub are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit PropertyListHub, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PropertyListHub, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the payment systems (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the PropertyListHub Booking Platform, or pursuant to Section 28 (“Contacting PropertyListHub”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If you choose to use the PropertyListHub payment portal i.e. Flutterwave or any other applicable payment service, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the payment portal services are provided “as is”, without warranty of any kind, either express or implied.
Notwithstanding PropertyListHub as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the PropertyListHub Booking Platform, PropertyListHub explicitly disclaims all liability for any act or omission of any Member or other third party. PropertyListHub does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
Except as provided in Section 17.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the PropertyListHub payment portal remains with you. If you permit or authorize another person to use your PropertyListHub Account in any way, you are responsible for the actions taken by that person. Neither PropertyListHub nor any other party involved in creating, producing, or delivering the payment services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the payment portal, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the payment portal, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not PropertyListHub has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the PropertyListHub Host Policy, in no event will PropertyListHub’s aggregate liability arising out of or in connection with these Payments Terms and your use of the payment portal including, but not limited to, from your use of or inability to use the payment portal, exceed the amounts you have paid or owe for bookings via the PropertyListHub Booking Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by PropertyListHub Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or Forty Thousand Naira (NGN40,000), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between PropertyListHub Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect PropertyListHub Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
PropertyListHub is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. PropertyListHub is also liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of PropertyListHub in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of PropertyListHub is excluded to the maximum extent allowed by applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at PropertyListHub’s option), indemnify, and hold PropertyListHub and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) PropertyListHub’s Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
19. Termination, Suspension, and other Measures
This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 19.
You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the PropertyListHub Terms. Terminating this Agreement will also serve as notice to cancel your PropertyListHub Account pursuant to the PropertyListHub Terms. If you cancel your PropertyListHub Account as a Host, PropertyListHub will provide a full refund to any Guests with confirmed booking(s). If you cancel your PropertyListHub Account as a Guest, PropertyListHub will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
Without limiting our rights specified below, PropertyListHub may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
PropertyListHub may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) PropertyListHub believes in good faith that such action is reasonably necessary to protect other Members, PropertyListHub, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, PropertyListHub may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the PropertyListHub Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) PropertyListHub believes in good faith that such action is reasonably necessary to protect the personal safety or property of PropertyListHub, its Members, or third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where appropriate, you will be given notice of any measure by PropertyListHub and an opportunity to resolve the issue to PropertyListHub’s reasonable satisfaction.
If PropertyListHub takes any of the measures described in this Section you may appeal such a decision by contacting us vide email.
If you are a Host and we take any of the measures described in this Section, we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
If your access to or use of the payment portal or services has been limited or this Agreement has been terminated by us, you may not register a new PropertyListHub Account or attempt to access and use the payment portal or services through other an PropertyListHub Account of another Member.
Sections 10 and 15 to 25 of these Payments Terms shall survive any termination or expiration of this Agreement.
20. Applicable Law and Jurisdiction
20.1 If you are contracting with PropertyListHub, these Payments Terms will be interpreted in accordance with the laws of Nigeria. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in this Agreement must be brought in state or federal court in Lagos, Nigeria unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Lagos, Nigeria.
21. Dispute Resolution and Arbitration Agreement
- 21.2 Overview of Dispute Resolution Process.
- 21.3 Pre-Arbitration Dispute Resolution and Notification.
- 21.4 Agreement to Arbitrate.
- 21.5 Exceptions to Arbitration Agreement.
- 21.6 Arbitration Rules and Governing Law.
- 21.7 Modification to LCA Rules - Arbitration Hearing/Location.
- 21.8 Modification of AAA Rules - Attorney’s Fees and Costs.
- 21.9 Arbitrator’s Decision.
- 21.10 Jury Trial Waiver.
- 21.11 No Class Actions or Representative Proceedings.
- 21.12 Severability.
- 21.13 Changes.
- 21.14 Survival.
This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with PropertyListHub Nigeria; or (ii) bring any claim against PropertyListHub (to the extent not in conflict with Section 20).
PropertyListHub is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 21.1 applies: (1) an informal negotiation directly with PropertyListHub’s customer service team, and (2) a binding arbitration administered by the Lagos Court of Arbitration (“LCA”).
Prior to initiating an arbitration, you and PropertyListHub each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact PropertyListHub’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. To initiate arbitration, a claim must be filed with the LCA and the written Demand for Arbitration provided to the other party, as specified in the LCA Rules.
You and PropertyListHub mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the payment portal (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and PropertyListHub agree that the arbitrator will decide that issue.
You and PropertyListHub each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
This Arbitration Agreement evidences a transaction in interstate commerce and thus the Arbitration and Conciliation Act of 1988 which governs the interpretation and enforcement of this provision in Nigeria. The arbitration will be administered by LCA in accordance with the Arbitration rules determined to be applicable by the LCA (the “LCA Rules “).
In order to make the arbitration most convenient to you, PropertyListHub agrees that any required arbitration hearing may be conducted in Lagos vide; (d) via phone or video conference; or any (e) for any claim or counterclaim not below under =N=2,500,000 by solely the submission of documents to the arbitrator.
You and PropertyListHub Payments agree that PropertyListHub Payments will be responsible for payment of the balance of any initial filing fee under the LCA Rules in excess of =N=100,000 for claims of =N=2,000,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the LCA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, PropertyListHub agrees it will not seek, and hereby waives all rights it may have under applicable law or the LCA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
You and PropertyListHub acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
You and PropertyListHub acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and PropertyListHub both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 21.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 18.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and PropertyListHub agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Except as provided in Section 21.11, if any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if PropertyListHub Payments changes this Section 21 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PropertyListHub’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PropertyListHub in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
Except as provided in Section 22.12 and subject to Section 20.8, this Section 22 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your PropertyListHub Account.
23. Additional Clauses for Users that are Businesses.
The following paragraphs also apply if you are using the PropertyListHub as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the payment portal service on your behalf.
You and your Representative individually affirm that you are authorized to provide the information described in section 6 above and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.
If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with PropertyListHub for Work, as permitted by your account, you authorize PropertyListHub to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
For any Payout Method linked to your PropertyListHub Account, you authorize PropertyListHub to store the Payout Method, remit payments using the Payout Method for bookings associated with your PropertyListHub Account and take any other action as permitted in the Payment Terms in respect of the Payout Method.
If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standards (PCIDSS) with regards to the use, access, and storage of such credit card information as well as the Nigerian Data Protection Regulations as provided under the Nigerian Information Technology Development Agency (NITDA) respectively.
These Payments Terms are available at PropertyListHub Nigeria Limited, which will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.