Terms & Conditions

TERMS AND CONDITIONS (“Terms”)

Please read these Terms and Conditions (“Terms and Conditions”) carefully before using https://www.holdingbrief.com (the “service”) operated by AirSave Enterprises (“website”, “we”, “our”, “company”, “the company” “the platform” or “us”)

Your access to and use of this service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the service.

Membership Agreement

This Membership Agreement (Agreement) describes the terms and conditions which you accept by using our website or our services.

In this Membership Agreement:

“Account” means the account associated with user email address or registered phone number on https://www.holdingbrief.com

“User” means a member – Lawyer or Non-Lawyer (otherwise referred to as a Client) that offers briefs or engages the services of a Lawyer (otherwise referred to as Vendor) on the website.

Depending on circumstances a user or member may sometimes operate as Client only or as a Vendor only or as both a client or a vendor (In the case of a Lawyer) under this agreement.

“Client” means a member – lawyer or Non-lawyer that posts a brief in form of a job offer, Brief or assignment on the platform for a vendor to accept and perform.

“Vendor” means a lawyer that accepts a client’s brief, job offer or assignment and performs the service offered by such clients on the website after agreeing with the client for a fee. Only a lawyer may serve as a vendor under this agreement.

“Brief” means any Job, Task, assignment or work offered by a Client  (lawyer or Non-lawyer) to a Vendor who accepts and performs same in accordance with the instructions or dictates of the client for a fee.

“Holdingbrief”, “website”, “Site”, “platform” “we”, “our”, “company”, “the company” or “us” means AirSave Enterprises or the website with the domain name https://www.holdingbrief.com

“Dispute Resolution” means the process for settlement of dispute between users or members by the company.

“Opening Dispute” means the process a client follows on the website to express or show dissatisfaction with the outcome of a job he assigned to a vendor.

“Verified Member” means a member or lawyer that has been satisfactorily investigated and found to be a bonafide lawyer licensed to practice in Nigeria under the know your customer (KYC) and identity verification policy.

“Inactive account” means a member account that has not been logged into for at least 6-months or any other period as may be determined by us from time to time.

“Intellectual Property Rights” means any intellectual property rights, existing anywhere in the world and the subject matter of such rights, including (i.) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any rights to have confidential information kept confidential; and (ii). Any application, software or proprietary right over such Application or software which may entitle one to apply such application or software for registration and any of the rights referred to in paragraph (i) above, whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Brief”, “Job” , “My job” , “Task” , “Assignment” or “assigned job “means a service or assignment which a user engages a vendor to render or perform for a fee.

“Invoice” means a summarized format of the job description, commission fees and applicable VAT that enures to us as the facilitator; which we send to the vendor after taking up or accepting any job, task or Assignment pitched to them by us. This appears as a message to them sent through email or whatsapp or both. The vendor is expected to effect payment by clicking on the payment link on the invoice which links to the insured payment gateway integrated on the website.

“Lawyer” “Member”, “User”, “Vendor”, “Client”, “You”, “His” or “Her” means an individual who visits or uses the website, including via the API.

“Introduction” or “Referral” means the algorithm used for preferential connection to link or match Clients to Paying members or vendors over and above ordinary vendors on the platform.

“Preference fees” means the amount paid to us per annum by the Paying member or Vendor for such “Introduction” or “Referral” services.

“Party”, “Parties”, “You” or “Your” means a person who visits or makes use of the website, including via the API.

“Membership agreement” means: (1) these Terms and Conditions, (2)the code of conduct as amended from time to time, (3) any other contractual provisions accepted by the parties (Client and vendor) that is uploaded through the website, to the extent not inconsistent with the Terms and Conditions and the code of conduct, (4) these terms, to the extent not inconsistent with the (5)privacy policy and (6) any other material incorporated by reference from time to time.

“Website” or “Site” means the website operated by AirSave Enterprises and available at: https://www.holdingbrief.com and any of its regional or other domains, sub domains or properties, and any related holdingbrief service, tool or application, specifically including mobile web, any iOS App and any other tool or application, Android App or API or other access mechanism.

“Paying members” means members who pay fees to enjoy some premium services provided on the website.

“Premium Services” means some distinct or specialized services provided on the website meant to offer paying members more opportunities that will guarantee them opportunities to earn additional income than non-paying members.

 

 

• Overview

By accessing the website, you also agree as follows:

1. That we may amend this membership agreement and any linked information from time to time by posting amended terms on the website, without notice to you.
2. That the website is an online platform where Clients and vendors buy and sell legal and ancillary services to each other.

• That any member or Lawyer operating from anywhere in the world may operate as a client on the platform; and that in the meantime, only a Lawyer qualified to practice in Nigeria may operate as a vendor and the services so rendered must be performed within Nigeria.

1. That clients and vendors must sign up for an account on the website using their emails or registered telephone numbers in order to buy or sell services.
2. That the website enables parties to work online, post jobs, find jobs and also offline, through a call-in phone service integrated on the website. For jobs posted on the site, lawyers who indicate interest apply for same through a dedicated whatsapp number belonging to us as facilitator, where details of the clients are provided to them after agreeing to pay commission for the job. For jobs listed offline through phone call-in,  such jobs are pitched individually on a case by case basis to selected lawyers (vendors) and those interested in taking up same are provided details of the clients after agreeing to pay facilitation fee or  commission for same. Once the clients’ details are provided, the vendor opens communication with the client and negotiate terms and service fees with client  without our input or participation.
3. It is understood that we are not a party to any contractual agreements between any Client and any vendor on the platform, but merely facilitate connections between the parties for a commission fee.

• That we may, from time to time, and without notice, review, change our commission fees or add to the website information, products, content or services described in it. However, we do not undertake to keep the website updated.
• That we are strictly not liable to you or anyone else for any error in the information or content on the website or if that information or content is not current.
• Consent

By using the website, you have given your consent to be bound by these terms and Conditions, the website policies and all linked information.

You have read and accept all the terms in, and linked to this membership agreement, the code of conduct, the AirSave Enterprises Privacy policy and all website policies. By accepting this membership agreement as you access our website, you agree that this membership agreement will apply whenever you use the website, or when you use the tools we make available to interact with the website. Some websites may have additional or other terms that we provide to you when you use those services.

• Eligibility

You are not eligible to use the website if:

• You are not able to form legally binding contracts;
• You are under the age of 18 (unless with the permission of your parent or guardian);
• You are suspended from using the website
• Do not hold a valid email address or registered phone number

All accounts are associated with individuals. Login details should not be shared with others. Individuals associated with defaulting accounts will be held responsible for all actions taken on the account.

Accounts may be created in a company name or business name. The member associated with such accounts acknowledge that this membership agreement is a contract with him or her (not the company or business name) and he or she remain solely responsible for all activity undertaken in respect of the account.

We may, at our absolute discretion, delete or refuse to register any person or entity as a member.

A member cannot transfer or assign any rights and or obligations under this agreement except permitted in writing by us.

• Using Holdingbrief.com

On holdingbrief.com, it is forbidden for you to do any of the following:

• Publish inappropriate posts or contents.
• Infringe any laws, third party rights or policies such as the Code of conduct.
• Maliciously open dispute or refuse, neglect, avoid or withhold approval for payment or to forestall payment for a job satisfactorily done and delivered.
• Abandon, fail and or refuse to perform or deliver a job you accepted to do within agreed time limits or otherwise.
• Refuse to respond to our inquiries aimed at resolving any issues that may arise.
• Circumvent or manipulate our fee structure or the billing process.
• Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information).
• Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the website).
• Transfer your holdingbrief account (including feedback) and username to another party without our written consent.
• Distribute or post spam, unsolicited or bulk electronic communications, advertisements, chain letters or pyramid schemes.
• Distribute viruses or any other technologies that may harm AirSave Enterprises, the website or the interests or property of holdingbrief.com users (including their intellectual property rights, privacy and publicity rights) or use of unlawful, threatening, abusive, defamatory, privacy invasive, vulgar, obscene, profane language or that which may harass or cause distress or inconvenience to, or incite hatred of or violence against any person.
• Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the website into any other website without our prior authorization in writing.
• Attempt to modify, translate, adapt, edit, decompile and disassemble or reverse-engineer any software programs used in connection with the website.
• Copy, modify or distribute rights or content from the website or holdingbrief’s copyrights and trademarks.
• Impersonate, harvest or otherwise collect information about members, including email addresses and or telephone numbers from the website.
• Use holdingbrief.com for money laundering or to facilitate money exchange activities, including but not limited to crypto currency, so long as use of same is not authorized by concerned authority.
• Refrain from or refuse to pay for services received by or due to a vendor you connected to or engaged on or through the website.
• Fees and Charges

Holdingbrief.com is free for sign up to all and for engagement of the services of lawyers (Vendors) by Clients. However, Vendors are liable to pay commission for briefs or jobs to us. Furthermore, Paying members may be charged some premium where such paying members or Vendors are subscribed to some form of paid or premium service on the platform which offers him or her some advantage.

MoneyBack Guarantee

Note that we have a Money Back or Refund Guarantee for service fees paid to erring or non performing Vendors or lawyers. The funds are refundable for non-performance or partially refundable for late performance or adjudged unsatisfactory performance of assigned jobs. However, the Money Back Guarantee is not absolute. A client must open a dispute on receipt of the delivery of his or her job from the vendor, where an assessment of the job will be conducted by us to ascertain the merits or otherwise in the client’s claim, after which a finding will be made, whose outcome will be binding on both the client and the vendor and if there is merit in the client’s claim he or she is refunded his or her funds within 24 hrs of the outcome of such assessment. There may be a little surcharge for carrying out the assessment depending on the complexity of the assessment, which may include our engaging an independent third party to make on the spot assessment or otherwise. On the other hand, we expect a refund of any fees we pay back to a dissatified Client from the affected defaulting lawyer or Vendor. We intervene in order to safeguard our reputation and the reputation of good lawyers out there from being brought into disrepute. It is to be noted that Non-compliant Vendors will be reported to relevant authorities to ensure compliance.

Premium Services

Members are charged fees for premium services offered on the site, available to paying members for such services, where such paying members enjoy some advantages or additional benefits or opportunities that guarantees them chances of converting more opportunities to earn additional income than non-paying members or if they subscribe to our safe keeping services.

AirSave Enterprises reserves the right to review fees and charges for its available services upwards or downwards depending on the circumstance and such changes become effective where notice for same is posted on the website.

Taxes

You are responsible for paying any service taxes, including value added taxes, for services provided.

Taxes are applied based on local rates and rules defined by a member’s country of residence/ registered country.

Note that fees and charges are governed by the membership terms and conditions and other related site policies. It applies to and binds all members and should be read by members in full.

• Payment Administrator

You acknowledge and agree that we may in our sole discretion, from time to time, appoint some body corporate, or any third party entity to act as our payment administrator, to accept or make payments (including merchant facilities) from or to you on our behalf. Such entity will have some rights, powers and privileges that we have under this membership agreement and will be entitled to exercise or enforce such rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any member for any loss, damage or liability resulting from the payment administrator’s negligence and/ or acts beyond the authority given by AirSave Enterprises.

• Content

When you give us content, you grant us a worldwide, irrevocable, royalty-free, perpetual, sublicense-able (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a platform for the online publication and distribution of member user content. We make no warranty that member user content is made available on the website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to a member user content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the website; and (3) any and all content submitted to the website is subject to our approval. We may reject, approve or modify a member’s user content at our sole discretion.

 

You represent and warrant that your content:

• Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret or other intellectual property right or proprietary right or right of publicity or privacy of any person;
• Will not violate any law or regulation
• Will not be defamatory or trade libelous;
• Will not be obscene or contain child or adult pornography;
• Will not contain the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons
• Will not contain material linked to terrorist activities.
• Will not include incomplete, false or inaccurate information about a member or any other individuals; and
• Will not contain any viruses, spam or malwares or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred out of Nigeria or country of abode. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the website and AirSave Enterprises services and may accordingly close your Account.

Information on the website may contain general information about legal and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We may provide unmonitored access to third party content or links to such third party content. We only act as a portal and have no liability based on or related to, third party content on the website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

We do not control the websites or platforms to which we link from. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the website. Use of third party content, links to third party content and/ or websites is at your risk.

In relation to deletion or hiding of any information or content, using the website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

• Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. on quality, communication etc.) together with any composite rating to us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a member. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the website from time to time without our prior written permission.

You must not do (or omit to do) anything to undermine the integrity of the AirSave Enterprises feedback system. We are entitled to suspend or terminate your account at any time (without notice to you) if we, at our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of legal and ancillary services business via the website. You may not use your member feedback or feedback comments in any real or virtual venue other than our website, operated by AirSave Enterprises or its related entities, without our written permission.

• Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the website. Any website address posted on the website, including in a listing bid, listing description, clarification board or message board, must relate to a service being performed on the website.

We may display advertisements on the website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of that advertisement or your subsequent dealings with any third parties on such. You further acknowledge and agree that content of the advertisements may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by AirSave Enterprises or third party rights holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisements.

• Communication with us and with other member users

Communication with other member users on the website must be conducted through the text, audio and or video or chat board functionality, along with message boards, uploads and downloads communication channels provided on the website.

AirSave Enterprises may use information such as your name, location, username and or your photo image on the website.

We may read all correspondence posted to the website and download or access, and test (where necessary), all uploaded files, programs and websites related to your use of the website in our party dispute resolution assessment, where a dispute is opened by a Customer or for the purpose of investigating fraud, regulatory compliance, risk management, brand marketing and other related purposes.

 

• Member Verification / Know Your Customer (KYC)

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address, registered phone number or financial details; or (3) verify your information against third party databases or through other sources.

You must also, on request, provide us copies of your identification documents (such as your passport or Driver’s license). We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide or ask for proof of payment of your Bar practicing fees for the current year as an additional identity verification step. We also reserve the right to request a video interview with you to validate your identity or any information like your background.

We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided matching your provided identity documents and account details.

If you are not verified you may not be able to receive your service fees or withdraw funds from your Holdingbrief account or wallet, and other restrictions may apply.

• Members /Member Services

Members are known as Clients or Vendors on the Holdingbrief platform. Clients are members that give out or award jobs or assignments while Vendors are members who take up and perform or execute the jobs or assignments for the Clients. Clients are persons from all sorts of backgrounds (Lawyers and Non-lawyers), while only a lawyer licensed to practice in Nigeria can act as a vendor on the Holdingbrief platform. A user can own an account and operate on Holdingbrief from any location in the world while a vendor can only effectively operate by offering services in Nigeria. A member can be a paying or a non-paying member on Holdingbrief.

Upon the Client awarding or posting a job and the vendor’s acceptance of same on or through the website, the Client and the vendor will be deemed to have entered into a service contract under which the Client agrees to engage the vendor, and the vendor agrees to perform the service and deliver result to the Client’s satisfaction.

 All payments to vendors are made directl`y by the Clients.We only pitch the jobs or tasks as they come in and facilitate the link between each client and vendor; while the parties agree terms among themselves:

• We match the Clients to the Vendors on a case by case basis manually or by the use of ai algorithms.
• When we pitch a job or task to a vendor and the vendor accepts such job or task, we provide him with the Client’s details and they agree to terms among themselves without our interference.
•  Thereafter, we send our invoice to the vendor for our commission fees.

If a Client does not approve of the vendor’s work, the parties may elect to resolve the issue under the Dispute resolution process. E.g., where, the Client is not satisfied by the vendor’s performance of the job or service, he or she may open a dispute, challenging the vendor, and a dispute resolution will be conducted by us, to ascertain the merit in the Client’s claim or otherwise.

As a Client you agree and consent to make timely payments to the vendor where same is due and undertake not overlook same or maliciously withhold same.

You agree and consent that If you open a dispute and we conduct an investigation and it turns out that your claims are baseless or unfounded you’ll be liable to compensate us some amount of money, including legal fees incurred in the process of obtaining the compensation from you if any.

As a vendor you undertake to work diligently and make job deliveries within set time limits of every service contract entered between you and a Client. If the brief or job involves litigation in court, you undertake to prosecute or defend same diligently from start to finish and not abandon same or relagate it to the background. You also agree to face sanctions, including among others, partial payment of your service fees for any breach of same.

Both the Client and the Vendor agree not to enter into any contractual agreement in conflict with this membership agreement.

Members are solely responsible for ensuring that they comply with each other’s obligations else they may be liable to that member. A member must be aware of and mindful of all laws (Domestic and International) relevant to him or her as a Client or a Vendor in his or her use of the website.

If a member breaches any obligations to you, you are responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing your rights under the membership contract.

Each member acknowledges and agrees that the relationship binding Clients and vendors is that of independent contractor. Nothing in this membership agreement creates a partnership, joint venture, agency or employment relationship between the website or AirSave Enterprises and any member.

• Exclusion Clauses

Each member acknowledges as follows:

• AirSave Enterprises or the website do not review, approve, recommend or verify any of the credentials, licenses or statements of capability of any member in relation to Briefs, jobs or assignments on the website.
• AirSave Enterprises provides through the website only pitching  and matching services. Members agree that neither AirSave Enterprises nor the website has any liability for any other aspect of service delivery or interaction between a Client and a vendor. Neither AirSave Enterprises nor the website is party to any service agreements or disputes that may arise between any Clients and Vendors, although we provide a connecting platform and a dispute resolution mechanism to assist the parties in resolving disputes. Once again we have no responsibility for enforcing member rights under the membership contract.
• From time to time features such as maps to display member location may be included in our quest of providing excellent membership user experience. Every user seeking services for jobs or assignments should provide the location where such job is to be performed. You expressly agree that we bear no liability for displaying job location information or not.
• AirSave Enterprises may collect through the website location related data from you via technologies including but not limited to GPS, IP address location, Wi-Fi and by other methods. This data may be shared in the context of providing excellent member user experience for members. You consent to this collection and sharing as part of this agreement.
• Upon completion or performance and delivery of a Brief/ job or assignment, a vendor must contact and inform his or her client, as soon as is practicable and within agreed time limits.
• Failure to complete the service or assignment on time and within agreed limits will constitute a breach of the service agreement..

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and know your customer policy, as outlined in the section on “Identity / Know Your Customer” sections of this agreement.

• Right to Refuse Service

We may close, stop, limit or withdraw you access to your Account without a recourse to you if;

• You breached or acted in breach of this membership agreement;
• You infringed on legal or intellectual property rights, which resulted in actual or potential claims of such rights;
• You engaged or are engaging in fraudulent or illegal activities;
• You failed or do not respond to our account verification requests;
• You do not complete account verification for 1 month from date of request;
• You refuse to respond to our inquiries aimed at resolving any issues that may arise between you and other members or with us;
• You are under any sanctions regime which would otherwise preclude us from conducting business with you.
• To manage or mitigate any risks of loss to us, some other member or any third party;
• For other unforeseen reasons.

If we close or stop your account due to your breach of this membership agreement, you agree and consent to be liable to pay us damages or reimburse us for all loses and costs which may include damages for employee time and reasonable expenses, any fines otherwise imposed on us by payment processors or other third parties that we may incur due to your breach and legal fees related to investigating such breach or our defense in court or arbitration.

You expressly agree and consent that in the event that we close your account, you will have no claim whatsoever against us in respect of any such suspension or termination of your account.

 

 

• Disputes Resolution

You acknowledge and agree that in the event a dispute is opened against you in relation to any Job or Assignment, that you will cooperate in an attempt to resolve any differences that you may have in relation to such Job or Assignment as the case may be.

If you however continue to have any difficulties or problems while trying to resolve the dispute we encourage you to contact us at holdingbrief@gmail.com or airsaveltd@gmail.com and we shall immediately intervene.

You agree that AirSave Enterprises will have the powers to make a determination for all such disputes which will be binding on the parties.

You agree that AirSave Enterprises shall have the right to request the vendor and the Client to provide documentation in support of their claims or position in relation to the dispute.

You accept that AirSave Enterprises not being a judicial body or Alternative Dispute Resolution institution will only make determination as any reasonable person on the street would and therefore agree to indemnify and hold AirSave Enterprises harmless against any loss or damages or liability you may suffer as a result of such decisions based on documents, materials or information presented to it which are subsequently found to be false or misleading.

• Dispute with us

If a dispute arises between you and AirSave Enterprises, our target will be to address your concerns with expediency, and if we’re unable to quickly do so to your satisfaction, we strongly advise that you first contact us directly to seek a resolution through holdingbrief@gmail.com

If we’re not able to arrive at an amicable resolution there, the next option is to go to ALternative Dispute Resolution (ADR) and unless otherwise agreed, the arbitration shall be conducted in accordance with the arbitration and concilliation Act, Chapter A18 laws of the Federation of Nigeria 2004 or any statutory re-enactment thereof in force. The seat of the arbitration shall be in Abuja, Nigeria. The arbitrator shall be appointed by mutual agreement of the parties, failing which a sole arbitrator shall be appointed by the Chairman, Chartered institute of Arbitrators UK (Nigeria Branch) upon the application of either party, and where such fails, the dispute shall be resolved by order of Court.

All claims you bring against AirSave Enterprises must be resolved in accordance with the terms of this Membership agreement. All claims filed or brought that are contrary to the terms of this Membership agreement shall be considered improperly filed and incompetent.

Should you file a claim so incompetent, AirSave Enterprises may recover its legal fees and costs, provided that AirSave Enterprises has notified you in writing of such improperly filed and incompetent claims and you failed to withdraw or amend such claims.

• No Waiver

Note that AirSave Enterprises’ failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

• Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claims or demand, including of legal fees and costs by any third party due to or arising out of your breach of this Agreement or your infringement of any laws or the rights of a third party in the course of your use of the website.

• Access and Interference

You agree that you will not use any robot, spider, scraper or other similar automated means to access the website by any means, including for the avoidance of doubt access to our application programming interface (API) for any purpose without our written permission.

You agree not to take any action imposing an unreasonable or disproportionately large load on our database and or infrastructure.

You must not interfere with, damage, manipulate, disrupt, disable, modify, overburden or impair any device, software system or network connected to or used in relation to the website or your account, or assist any other person to do any of these acts, or take any action that imposes or that may impose, in our discretion, an unreasonable or disproportionately large load on our database and or infrastructure.

You must not copy, reproduce, modify, clone or create derivative works from, distribute or publicly display the website or any content (except for your information) from the website, without the prior written permission of AirSave Enterprises and the appropriate third party providing that content, as may be applicable.

You must not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.

You must not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.

You must not attack or spread any viruses, spam or malwares or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

• Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the website or your account, and do everything possible to mitigate the unauthorized access or security breach (Including preserving evidence and notifying us or the appropriate authorities).

Your membership account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account.

• No warranty as to Members’ Identity

We cannot and do not confirm every user’s identity on the site. We may provide information about a user, such as geographical location, third party background check, or verification of identity or credentials done for KYC purposes. However, such information is based solely on data that a user submits and we provide such information solely for the convenience of users and the provision of such information is not an introduction, endorsement or recommendation by us.

• No warranty as to content

The website is dynamic and time-sensitive. As such, information on a website may change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading, mislabeled or deceptively labeled accidentally by us or accidentally or purposely by a third party.

The website and all the content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either expressly or implied. Without limiting the foregoing, we make no representation or warranty about;

1,         any contents on the website;

2. The accuracy, reliability, availability, veracity or timeliness of the website;
3. Whether the website will be up-to-date, uninterrupted, secure, error-free or non-           misleading;
4. Whether defects in the website will be corrected;
5. Whether the website or any data, content or material thereof will be backed-up or whether business continuity arrangements are in place in respect of the website;
6. Whether any third party agreements or guarantees of business gains by you are made;
7. The website is error or malicious code free, secure and confidential or performing at any particular standard or having any particular functions.

To any extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

• Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. Any indirect, special, incidental or consequential damages that may be incurred by you;
2. Any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staffs have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Membership agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities, where and to the extent that such applicable law prohibits such exclusion or limitation where applicable.

To the extent that we are able to limit the remedies available under this membership agreement, we expressly limit our ability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the websites’ service again or the payment of the cost of having the websites’ service supplied again.

• Closing your account

You may close your account at any time provided;

1. You do not have any outstanding listings on the website;
2. You have resolved all outstanding disputes;
3. You do not owe any outstanding fees or amounts owing to the account.

We may however retain some of your personal information to satisfy regulatory requirements and our own external obligations to the authorities too. Closing your account does not necessarily delete or remove all of the information we hold.

• Abusing your rights on the website

We reserve to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our services and or a user’s account, suspend or ban access to our website, remove any content, and take any and all technical or legal steps to ban any users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

1. Use of the website to perpetuate illegitimate or non bonafide purposes.
2. Creating potential legal liabilities or problems with others.
3. Infringing the intellectual property rights of third parties.
4. Acting inconsistently with the letter or spirit of this terms and conditions.
5. Abuse of any staff members including inappropriate or unreasonable communication.
6. Abuse or poor performance repeatedly.
7. Attempt to use the website for any objectionable purpose.
8. Attacking or attempting to attack the website with viruses, spam or other malware.

• Survival, severability and Release

These are the substantive terms and conditions between you and the company AirSave Enterprises. The provisions of the terms and agreement are severable. If any part of this document is found to be unenforceable, that part will be removed to the extent of its unenforceability and the remainder part of the document will remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this document. We may assign any of our rights and obligations under this document from time to time. 

If there is a dispute between participants on this site, or between a user and any third party, you agree that the company is under no obligation to be involved. In the event that you have a dispute with one or more users, you release the company, its officers, employees, agents, successors and assigns from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

This membership agreement contains the entire understanding between you and AirSave Enterprises and the terms thereof survive the termination of this agreement.

• Assignment

This Membership agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this membership agreement.

• Privacy

We use your information as described in the Privacy Policy. If you object to your information being transferred or used in this way then you must not use our website. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this website. This may include on invoices and for processing payments to you.

• Feedback

If you have any questions about this membership agreement and the terms and conditions outlined or if you wish to report any breaches of same or simply want to say Hi, we’re AirSave Enterprises of plot 58 Sharada Small Scale Industrial Layout, Kano, Nigeria 700234. For feedback Contact us at holdingbrief@gmail.com or airsaveltd@gmail.com

☑️ By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.