Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using this site, you (“User”) agree to comply with and be bound by these Terms.

These Terms set forth the legally binding agreement governing your access to and use of the Provider’s website, including any subdomains thereof, and any other websites through which the Provider makes its services available (collectively, "Site"), our software and applications, and API (collectively, "Application") and all associated services (collectively, "Porchplus Services"). The Site, Application and Porchplus Services together are hereinafter collectively referred to as the “Porchplus Platform”.

When these Terms mention “Provider”, “Porchplus” “we,” “us,” or “our,” it refers to the Provider or any of its affiliated companies you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment. These Terms also create a legal agreement (“Agreement”) between the Members and other third parties, including the Hosts and the Vendors. These Terms may change from time to time and apply to all Accommodation and services provided by Vendors. The Provider reserves the right to transfer the benefit of this Agreement and our obligations under it at any time, provided that notice of such transfer shall be given to you.

1. DEFINITION

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
Accommodation means the living space provided by the Host for Listing on the Porchplus platform.
Additional Charges means charges (by whatever name called) for gas, water, electricity, permits, licences, insurance, maintenance, estate dues, waste disposal and security services supplied to and/or used in the Accommodation for the duration of the Member’s stay in the Accommodation that are additional to the amenities to be provided by the Host covered by the Service Fee pursuant to the Subscription.
Arrival Date means the date on which the Member's stay at the Accommodation is due to commence, in accordance with the Subscription Details.
Booking Fee means the fixed fee, which shall be non-refundable, payable by the Member to the Provider for processing the Subscription made by the Member.
Business Day means any day on which banks are open for business in Lagos State, Nigeria excluding Saturdays, Sundays and public holidays in Lagos State.
Contributions are as defined in Paragraph 4B.
Fittings Framework means a web page or document created by the Hosts via the Porchplus Platform, identifying the available fixtures and fittings in the Accommodation, what modifications may be made and appliances can be brought.
Furnished Accommodations means a fully furnished apartment which may comprise of furniture, beddings, curtains, lamps, fittings, gas cooker, microwave oven, fridge/freezer, washing machine, gas cylinders and piping to the kitchen, air conditioners, smart LED television
Host means the legal owner of the Accommodation or one who has express and written authority to deal with the Accommodation who must be at least 18 years of age and able to enter into legally binding contracts in Nigeria or your country of residence.
Listing means the details of the Accommodation (as provided by the Host) that is available for rent on the Porchplus Platform.
Member means the person who makes a Subscription and/or on behalf of whom a Subscription was made, on the Porchplus Platform. Provider means Dargos Homes Investment Limited, or any of our affiliated companies, trading under the name and style of “Porchplus” or “Porchplus Africa”.
Rolling Living Subscription (RLS) means the monthly, quarterly, bi-annually, or yearly Subscription Payment payable by the Member for the occupation and use of the Accommodation, excluding any Service Fee payable, Booking Fee, Security Deposit and VAT. Security Deposit means the additional amount as set by the Host on the Platform, payable for the Accommodation by the Member to the Provider prior to the Arrival Date on a monthly, quarterly, biannual or annual subscription. The Security Deposit covers defaulting rental payment and damage to property and any other sums that may be due to the Provider, Vendor and/or the Host.
Service Fee means charges (by whatever name called) for gas, water, electricity, permits, licenses, insurance, maintenance, repairs, estate dues, waste disposal and security services supplied to and/or used in the Accommodation for the duration of the Members stay in the Accommodation. Site means the web application, mobile/smart devices applications and physical property. Porchplus Platform means the services operated by the Provider via the Site. Subscription means the reservation by the Member of the Accommodation and any other products and services detailed in the Subscription which is accepted by the Host. Subscription Details means the details of the Subscription including, the duration of the Members’ stay at the Accommodation and any other products and/or services to be included in the Subscription. Subscription Payment means the RLS.
Unfurnished Accommodations means apartments which are provided vacant, and which Members may bring in their own furniture and fittings subject to the Fittings Framework and these Terms. Users means visitors on the Site or users of the Porchplus Platform, including Members, Hosts and Vendors. Vendor means third parties other than Hosts who provide Vendor Services to Users. Vendor Services means any service provided by Vendors, including the provision of cleaning, financial services, maintenance, lending, laundry and/or food subscription services. References to writing shall include electronic notification via approved channels as provided by the Provider for Users on the Porchplus Platform.

2. MEMBERS TERMS

A. The Platform

Porchplus Platform is an online marketplace that allows Hosts to offer Accommodation and Vendors to offer Vendor Services to Members, and to communicate and transact directly with Members that are seeking to book such Accommodation or Vendor Services.
As the operator of the Porchplus Platform, unless clearly stated otherwise, the Provider does not own, sell or resells, any Listings, Accommodation or Vendor Services, nor is the Provider an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts and Vendors alone are responsible for their Listings and Vendor Services respectively.
When Members make a Subscription or pay for a Vendor Service, they are entering into a contract directly with each Host or Vendor. The Provider is not and does not become a party to, or another participant in any contractual relationship between Members and Hosts and/or Vendors, nor is the Provider a real estate broker or insurer. The Provider is not acting as an agent in any capacity for any user of the Porchplus Platform. You may be required to consent to additional terms as a requirement to accessing a Vendor Service.

B. Subscription

In order to confirm a Subscription, the Member shall be required to pay a Booking Fee to the Provider. In agreeing to make a Subscription, the Member further accepts to make Subscription Payments, the Service Fees, the Security Deposit and all other sums as specified in the Listing. There are four types of subscription payments: monthly, quarterly, biannually and yearly. Note that the Subscription Payment will differ for each form of Subscription.
Monthly Subscription: This requires a minimum Subscription of Thirty (30) days and shall automatically renew for a further thirty (30) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
Quarterly Subscription: This requires a minimum Subscription of Ninety (90) days and shall automatically renew for a further ninety (90) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
Biannually Subscription: This requires a minimum Subscription of One Hundred and Eighty (180) days and shall automatically renew for a further One Hundred and Eighty (180) days unless otherwise agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
Yearly Subscription: This requires a minimum Subscription of Three Hundred and Sixty-Five (365) days, automatically renewable for a further Three Hundred and Sixty-Five (365) days unless otherwise terminated as agreed in writing by the Parties or terminated by either Party in accordance with these Terms.
Subscription for For Unfurnished and Furnished Accommodations: The minimum Subscription for an Unfurnished Accomodation is a Quarterly Subscription, and the Member will be required provide a guarantor who will provide information as required by the Provider and will guarantee all sums owed by the Member to the Provider, the Host and/or Vendors, as well as other indemnities and guarantees as required by us. The Host may enter an Unfurnished Accommodation for the purpose of inspection if 72 hours’ notice has been given to the Provider, who will notify the Member.
For Furnished Accommodations, an inventory of the available items at the Accommodation will be taken and signed off between the Member and the Host. For Unfurnished Accommodations, Hosts will be required to provide a Fittings Framework.
Renewal of Subscription: Where the Member wants an additional term or seeks to renew their Subscription, they shall notify the Provider in writing, with not less than seven days’ notice for a monthly subscription; not less than one month for a quarterly subscription; not less than three months for a bi-annual subscription and not less than six months for a yearly subscription. The Provider retains the right to accept or reject the request for a renewal of the Subscription. Unless otherwise expressly agreed, where a Subscription renews automatically or a Member requests an additional term, as the case may be, the amount due shall be automatically charged on the Members card when due.
Where the Member wishes to subscribe for Accommodation otherwise than as already subscribed by them and/or on terms otherwise as provided herein, the Provider shall in their absolute discretion accept the Subscription on such other terms and conditions as they determine.
Having paid the Subscription Payments, in the amount and manner as provided in the Subscription Details by the Provider and pursuant to these Terms, and keeping the covenants herein contained, you may continue to enjoy the use of the Accommodation.

C. Security Deposit

The amount of the Security Deposit shall be set by the Host on the platform and provided that the Member gives the requisite notice, such amount is refundable, less deductions for default in making the Subscription Payment when due and repairs in respect of any damage to the Accommodation or the items set out in the inventory agreed with the Member to these Terms within thirty (30) business days. Where the Member fails to properly terminate their Subscription by giving at least fourteen (14) day's written notice, the Member's Security Deposit shall be forfeited. Non-payment of the Subscription Payments when due shall result in the depletion of a Member’s security deposit on a daily basis for a maximum of seven (7) days of the duration of the Member’s holdover. At any time when the Subscription falls due and remains unpaid, the Provider may, at its discretion, elect to deplete the security deposit as stated above before proceeding to cancel the Subscription and recover the Accommodation from the Member or immediately cancel and recover the Accommodation from the Member. Where the Provider cancels the Subscription, you shall have the option of either re-booking an Accommodation or re-activating your Subscription. Upon re-activation, the Member shall, in addition to any other fees and Additional Charges applicable, repay the Security Deposit in full.
Escrow Clause
70% of the security deposit shall be used for the purpose of default in making the Subscription Payment while the remaining 30% shall be used to repair or compensate for any damage to the Accommodation or if there are no damages, returned to the Member within the timeline stated above. The Host and Member hereby consent that the portion of the Security Deposit for damages shall be placed in an escrow account by the Provider’s appointed Escrow Agent and neither the Host nor the Member shall be entitled to any interest accrued from the escrow account. In the event that the Escrow Agent is uncertain as to its duties or rights in appointing an under the this Terms of Service, receives any instruction, demand or notice from the Host, Member or financial institution which, in the Escrow Agent’s opinion, is in conflict with any of the provisions of the Terms of Service, or any dispute arises with respect to the Terms of Service or the Escrowed Funds, the Escrow Agent may (i) consult with counsel of its choice and any actions taken or not taken based upon advice of counsel shall be deemed consented to by the Host and Member, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Host and Member, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with these Terms or a final, non-appealable judgement of a court of competent jurisdiction, (iii) discharge our duties under these Terms by depositing all funds by interpleader action with a court of competent jurisdiction.

D. Nature of Agreement: The parties do not intend to create and absolutely agree they are not creating a lease or any other interest in real property through Subscriptions or otherwise, and the parties only intend to create a licence as provided herein.

E. No Proprietary or Equitable Interest: The Provider retains overall control of the Accommodation and the Member has no proprietary or equitable interest of any kind in the Accommodation.

F. Guarantee and Endorsement: The Provider has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Contributions, or (iii) the performance or conduct of any Member, Host, Vendor or third party. The Provider does not endorse any Member, Host or Vendor. Any references to a Member, Host, or Vendor being "verified" (or similar language) only indicate that the relevant party has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by the Provider about any such party, including of the party's identity or background or whether the party is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation or use Vendor Services, or communicate and interact with other users of the Site, whether online or in person. Verified images are intended only to indicate a photographic representation of a Listing or Vendor Service at the time the photograph was taken, and are therefore not an endorsement by the Provider of any Host or Vendor.

G. Use Of Accommodation
Residential Purpose: The Accommodation shall be used for Residential Purposes only. The Member agrees to keep the Accommodation clean and sanitary and maintain its condition, except for reasonable wear and tear. Smoking:There shall be no smoking in the Accommodation and the Member shall ensure that they do not allow smoking in the Accommodation by their family or visitors. Pets/Animals:No pets to be kept inside the Accommodation unless specifically allowed by the Host. Occupation and Visitors: The maximum number of people in full time occupation of the Accommodation shall not exceed four (4) in a 4-bedroom apartment. The maximum number of people in a room in the Accommodation shall not exceed one (1) person. Members are allowed to receive visitors; however, no visitor shall be allowed to remain in the Accommodation for more than five (5) nights, without the prior written consent of the Provider or Host as the case may be. For the avoidance of doubt, a breach of this particular term shall entitle the Provider to terminate the Subscription in accordance with the provision of these Terms. No Nuisance:Members are required to conduct themselves in a reasonable and responsible manner in the Accommodation and must not act in any way which may disturb other residents. Failure to adhere to this requirement after notice to adhere has been given by the Provider on two occasions, may result in the Members being asked to leave the Accommodation in which event any Additional Charges which may have accrued during the stay of the Member in the Accommodation shall become immediately payable by the Member. The Member will not carry out any lewd or immoral acts in any public space surrounding the Accommodation. Additional Charges: The Member will pay all Additional Charges as and when they become due. Any Additional Charges not paid before the termination/expiration of the Subscription, shall be deducted from the Security Deposit. Any sum still due to be paid shall be payable on demand to the Provider and any excess amount from Security Deposit owed to the Member per the terms stated herein shall be paid to the Member within thirty (30) business days. Vacation of Accommodation: The Member will yield up the Accommodation, upon the termination/expiration or other determination of their Subscription or this Agreement, substantially in the same state and condition as at the beginning of the Subscription. Explosives: The Member will not store or allow being stored on the Accommodation any flammable substances and explosives except for liquefied petroleum gas for cooking purposes. Such gas must be stored in the designated place provided outside the kitchen and safely piped into the apartment. Gas cylinders must not be placed inside the kitchen of the apartment. Repairs and Damages:The Member will not affect structural repairs, permanent alteration, changes, addition and extension to the Accommodation without the prior written consent of the Provider or Host as the case may be. The Member will be liable for the Provider’s reasonable cost of repairing, cleaning or replacing any property of the Provider and/or the Hosts which is damaged, soiled or lost by a Member or their visitor. The Member will replace the fixtures, fittings, glass or articles or any part thereof as contained in inventory signed by the Member upon entry into the Accommodation, which may be destroyed or damaged and incapable of being restored to the condition it was in at the commencement of this Agreement, with articles of at least equal value or if the Provider or its authorised agents so require, pay the Provider or its agents the current value of any of the items. The Member will be responsible for any loss or damage caused in the Accommodation by the Member or visitor of the Member.

H. Failure to pay Subscription Payment
Failure of the Member to pay Subscription Payments shall entitle the Provider to reserve the right to withhold services or, for avoidance of doubt, revoke the Member’s access to the Accommodation while there are any outstanding fees, penalties and interest or if the Member is in breach of these terms and conditions.

3. HOST TERMS

A. Listing On The Platform
Hosts shall not list a single room or Accommodation more than once on the Platform. To help create comfortable, reliable stays for Members, we ask all Hosts to meet these basic requirements for each Listing:
Be responsive: Maintain a high response rate by replying to booking inquiries to their Listings on the Porchplus Platform within 24 hours. Provide Accurate Availability Dates: Once you indicate how long the Space available on the Listing, you will be bound by it. Accept Subscription: Make Members feel welcome by accepting Subscriptions whenever you’re available. Avoid cancellations: We take cancellations seriously and ask all Hosts to avoid cancelling on Members. The Provider reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. The results of a search list on the platform may vary in terms of placement and Listings based on a variety of factors, such as Member search parameters and preferences, price and calendar availability, number and quality of Images, Member service and cancellation history, reviews and ratings. When creating a Listing through the Porchplus Platform, the Host must:
Ensure identification of and full compliance with any law applicable to the Host with respect to the Accommodation before creating a Listing. Provide complete and accurate information about the Accommodation (such as description, location, and calendar availability). Properly and accurately fill in the Fittings Framework and Inventory. Disclose all security cameras and other recording devices in their Listings, and the Provider prohibits any security cameras and other recording devices that are in or that observe the interior of certain private spaces (such as bedrooms and bathrooms), regardless of whether they’ve been disclosed. Disclose the presence of animals in their house rules. A dangerous animal is one that’s capable of causing serious harm to humans or other animals present in the Listing. Both wild and domesticated species can be considered dangerous. Disclose any deficiencies (whether apparent or otherwise), restrictions (such as house rules which may include allowance of pets) and requirements that apply (such as any minimum age). Provide any other pertinent information requested by the Provider including clear pictures and videos of the Accommodation. Keep the Listing information (including calendar availability) up-to-date at all times. Where an Accommodation will not be available for any period, the Host shall be responsible for updating the Listing immediately. Ensure pictures or videos used in your Listings accurately reflect the quality and condition of the Accommodation provided by the Host.

B. Hosting
When you accept or have pre-approved a Subscription request by a Member, you are entering into a legally binding agreement with the Member. The Host hereby accepts that they will be required to refund any Subscription Payment made by the Member including processing fees to the Member in the event of a breach of these Terms and the terms of the Subscription. Host cancellation penalties may also apply. As part of the agreement between the Member and the Host, the Host warrants that it shall provide to the Member the following minimum amenities with every Accommodation which is to be covered by the Service Fee:
Minimum of 12 hours daily power supply
Cleaning once a week
Maintenance including repairs, plumbing work, electrical work
24/7 Security
Estate Dues
Gas refills
Waste disposal
LUC and other rates and charges imposed on the Accommodation
For Furnished Spaces, Host must provide the following as a minimum:
1. Living Room:
1.1 Essential Items - Sofa, T.V Stand, 1.5/2Hp Air Conditioner, Centre Table, Window Blinds
1.2 Optional Items - Dining Table and Chairs, Art pieces, T.V, Game Console
2. Master Bedroom & Ensuite Bathroom:
2.1 Essential Items - 6X6 Bed, Side Stools/Cabinet, 1.5/2Hp Air Conditioner, Bathroom, Wardrobes, Water Heater, Mattress , Pillow, Beddings
2.2 Optional Items - Mirror, Toilet Brush, Bathroom Mat, Shower Curtain, Towels
3. Bedroom with shared or adjoining bathroom
3.1 Essential Items - 6X4 Bed, Side Stools/Cabinet, 1Hp Air Conditioner, Bathroom Kits such as Mirror, Wardrobes, Water Heater, Mattress, Pillow, Beddings,
3.2 Optional Items - Mirror, Toilet Brush, Bathroom Mat, Shower Curtain, Towels
4. Kitchen
4.1 Essential Items - Fridge/Freezer, Microwave, Gas Cylinder, Kitchen Cabinets, Cooker/Oven,
4.2 Optional Items - Kettle, Pots and Pan, Cutlery, Plates and cups, Washing up liquid, Kitchen Towels, Knives and Spoons Chopping Board, Washing Machine
5. External
5.1 Essential Items - Diesel Generator (or solar plant), Water Tank, Pumping Machine with Float, Waste Disposal, Secured Access Insurance: Hosts shall obtain relevant and appropriate insurance for their Accommodation and shall review any respective insurance policy carefully, and in particular, the policy should be examined to understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Members while staying at the Accommodation.
Surveillance: THosts that have installed any type of security camera or other recording device in or around a Listing, even if they are not in working order or where working, not being monitored, must indicate its presence in their house rules. Hosts must disclose if an active recording is taking place. If a Host discloses the device after Subscription, the Provider will allow the Member to cancel the Booking and receive a refund at the expense of the Host. Host cancellation penalties may also apply. Any mechanism that can be used to capture or transmit audio, video, or still images is considered a surveillance device. This includes, but is not limited to, devices such as Wi-Fi cameras (for example, Nest Cam or Dropcam), nanny cameras, web cameras in computer monitors, baby monitors, mounted or installed surveillance systems, decibel and device monitors, and smartphones with video and/or audio recording capabilities. Host Warranty: Upon accepting a Subscription, the Host represents and warrants that any Listing posted on the Porchplus Platform and the Subscription of, or a Member's stay at, an Accommodation will not breach any agreements the Host has entered into with any third parties, and shall comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licences and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of the Member and any individuals the Member invites to the Accommodation. No Endorsement: The Provider does not endorse any Member, Host or Vendor. Any references to a Member, Host, or Vendor being "verified" (or similar language) only indicate that the relevant party has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by the Provider about any such party, including of the party's identity or background or whether the party is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to accept a Subscription from a Member, or communicate and interact with other users of the Site, whether online or in person. Relationship: If you choose to use the Porchplus Platform as a Host or Vendor, your relationship with the Provider is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of the Provider for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of the Provider. The Provider does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Accommodation or Vendor Services. You acknowledge and agree that you have complete discretion whether to list Accommodation, provide Vendor Services, or otherwise engage in other business or employment activities.

4. GENERAL TERMS

A. Using The Site
By using the Site, Users represent and warrant that:
all registration information they submit are and will be true, accurate, current, and complete; they will use the site solely for its intended purposes; they will only make payments via means accepted by the Provider; they will maintain the accuracy of such information and promptly update such registration information as necessary; they have the legal capacity and you agree to comply with these Terms and Conditions; they are not under the age of 18 they are not a minor in the jurisdiction in which they reside they will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; they will not use the Site for any illegal or unauthorized purpose; their use of the Site will not violate any applicable law or regulation. If Users provide any information that is untrue, inaccurate, not current, or incomplete, the Provider reserves the right to suspend or terminate the User’s account and refuse any and all current or future use of the Site (or any portion thereof). Prohibited Activities Users may not access or use the Site for any purpose other than that for which the Provider makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Users agree not to: systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. use a buying agent or purchasing agent to make purchases on the Site. use the Site to advertise or offer to sell goods and services. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein. engage in unauthorized framing of or linking to the Site. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. attempt to impersonate another user or person or use the username of another user. sell or otherwise transfer your profile. use any information obtained from the Site in order to harass, abuse, or harm another person. use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavour or commercial enterprise. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. delete the copyright or other proprietary rights notice from any content. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. use the Site in a manner inconsistent with any applicable laws or regulations.

B. User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions. your Contributions are not false, inaccurate, or misleading. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. your Contributions do not violate any applicable law, regulation, or rule. your Contributions do not violate the privacy or publicity rights of any third party. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. Contribution License By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

C. User Registration
Users on the Site will be required to make an account prior to Listing or making a Subscription on the Porchplus Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. The Provider reserves the right to conduct due diligence and KYC checks on any User who registers as a Host or Member on the Porchplus Platform, and by using the Porchplus Platform, and the User hereby consents to the Provider sharing non-public personal information for the KYC, identity and credit verification purposes. The Provider’s collection and use of personal information in connection with your access to and use of the Porchplus Platform is described in our Privacy Policy. To register on the Porchplus Platform, Users may be asked to provide: Personal information including full name, home address, and employment details Email address Bank Verification Number or other unique government identifier Confirmed phone number Work address and contact details of the employer/ partner Alternative contact details National identification Photo taken through a selfie Payment information The Member won’t see the entire Host’s information, they will only see below after successful payments have been made: Full name Contact number However, Hosts may be granted access to the available information of any Member who makes a Subscription to enable the Host to conduct their own due diligence checks prior to accepting the Subscription. By making a Subscription, the Member consents to the Provider sharing this information with the Host and consents to the Host conducting such due diligence checks.

D. Payment Terms
Monthly Payments Customer makes payment on the platform Payment is made through our payment gateway provider(s) Porchplus receives payment on the next working day: T+1 Payment is paid to Host: T+2 Next payment will be made 35 days later if Member renews Following that every 30 days Payments to Hosts by Porchplus can only be made on a working day Advance Payments When payments are made in advance, payment is paid into an escrow account until 24hrs before check in. At this point it is paid to the Host. Price Increase Where the Host wishes to increase the Subscription amount and the Accommodation is under a monthly or quarterly Subscription, they shall give the Provider at least 1 month prior notice of the increase in writing. Where the Accommodation is under a yearly Subscription, the Host shall give the Provider at least 6 months prior notice in writing. Failure to give the required notice shall inhibit the price increase.

E. Cancellation Policy
Member Cancellation Policy The Member is required to cancel the Subscription on their dashboard for the cancellation to be effective. Failure to cancel a Subscription within 48 hours after payment operates as a total waiver of the right to a full refund. Cancellation of a Subscription due to withdrawal of a Listing by the Host entitles the Member to a full refund of all sums paid by the Member at the Host’s expense and liability. There shall be no partial or full refund of the amount paid by the Member in any when the Subscription is active, which is 48 hours after the payment has been confirmed. If any sum owed under this Agreement is not paid or if a Member breaches any of the Terms stated herein, or where the Provider, in its sole discretion believes or has any reason to believe that the Member will be a menace, damage property, constitute a nuisance, act recklessly or in such a manner that is improper or considered unacceptable by the Provider (hereinafter referred to as "Breach of Terms"), the Provider may give the Member a notice of the Breach of Terms orally or in writing. Where the Member fails to cure same after two (2) business days from the date of delivery of the notice, the Provider shall deliver a five (5) day notice to terminate the Subscription and re-enter the Accommodation. You hereby expressly agree that it shall be lawful for the Provider at any time thereafter to re-enter the Accommodation or any part thereof without recourse to a court of law. Upon the Provider’s re-entry into the Accommodation, the Subscription will be forthwith terminated. In the case of Breach of Terms, the Provider has the right to shut down power, water and change the locks to the Accommodation. In cases where the Member is in a shared space, an email will be sent to co-Members in the Accommodation advising them of the breach and instructing them to deny access to the defaulting Member who is in breach. Host Cancellation Policy: NO HOST MAY CANCEL THEIR LISTING DURING THE AVAILABILITY PERIOD THEY HAVE PROVIDED ONCE THERE IS AN ACTIVE SUBSCRIPTION PLAN ACTIVE A Host who defaults by withdrawing a Listing commits a Breach of the Terms and amongst other remedies available to the Provider, may be suspended from the Porchplus platform (Host Cancellation Penalty). Where the Host has received the Subscription Payment and cancels the listing as stated above, the Host shall be liable to refund the Subscription Payment and an additional fee to the Provider within 24 hours.

F. Term And Termination
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

G. Assignment
The Terms, rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Provider without restriction. A Member shall not grant occupancy of a property subscribed for under the Porchplus platform to any person without the express consent of the Host and/or Provider as the case may be.

H. Liability
LIABILITY AS TO REPRESENTATIONS AND THE FITNESS FOR PURPOSE OF ACCOMMODATION SUBSCRIBED FOR ON THE PORCHPLUS PLATFORM BY A MEMBER SHALL BE BORNE BY THE HOST. NEITHER THE PROVIDER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, THE SERVICES OR THE PORCHPLUS PLATFORM SHALL 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 ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES OR THE PORCHPLUS PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER 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. THE PROVIDER ALSO EXCLUDES, BUT ONLY AS FAR AS LEGALLY POSSIBLE, ALL TERMS AND WARRANTIES OR PROMISES IMPLIED BY LAW OR STATUTES. THE PROVIDER DOES NOT WARRANT THAT YOUR USE OF THE SITE OR THE PORCHPLUS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; AND WE ARE NOT RESPONSIBLE FOR ANY DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET. YOU ALSO ACKNOWLEDGE THAT THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IN ANY RESPECTS, ALL USERS AGREE THAT THE MAXIMUM OF THE PROVIDER TO THEM HOWSOEVER ARISING WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE USER TO THE PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

I. Intellectual Property
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

J. Escrow Clause
70% of the security deposit shall be used for the purpose of default in making the Subscription Payment while the remaining 30% shall be used to repair or compensate for any damage to the Accommodation or if there are no damages, returned to the Member within the timeline stated above. The Host and Member hereby consent that the portion of the Security Deposit for damages shall be placed in an escrow account by the Provider’s appointed Escrow Agent and neither the Host nor the Member shall be entitled to any interest accrued from the escrow account. In the event that the Escrow Agent is uncertain as to its duties or rights in appointing an under the this Terms of Service, receives any instruction, demand or notice from the Host, Member or financial institution which, in the Escrow Agent’s opinion, is in conflict with any of the provisions of the Terms of Service, or any dispute arises with respect to the Terms of Service or the Escrowed Funds, the Escrow Agent may (i) consult with counsel of its choice and any actions taken or not taken based upon advice of counsel shall be deemed consented to by the Host and Member, or (ii) refrain from taking any action other than to retain the funds in escrow for delivery in accordance with the written agreement of the Host and Member, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with these Terms or a final, non-appealable judgement of a court of competent jurisdiction, (iii) discharge our duties under these Terms by depositing all funds by interpleader action with a court of competent jurisdiction.

K. Dispute Resolution
The Provider and any User (“Parties”) shall use their best efforts to settle amicably any dispute arising from or in connection with the Porchplus Platform this Agreement or the interpretation thereof. However, in the event of a dispute between the Parties or between Users in connection with or in relation to the Porchplus Platform, this Agreement or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (Notice of Dispute) to the other Party and the Parties shall enter into mutual discussions to resolve such dispute. If the dispute has not been settled pursuant to the provision above within ten (10) days from when the discussion was initiated, the dispute shall be referred to mediation in Lagos, Nigeria. If the dispute is still not resolved after fourteen (14) business days of it being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or arising out of or in connection with this Agreement.

L. Miscellaneous
Nature of the Agreement: NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO TRANSFER TITLE OR GRANT A TENANCY OR LEASE TO ANY PARTY. MEMBERS ARE GRANTED A LIMITED LICENCE TO OCCUPY THE ACCOMMODATION, SUBJECT TO THE TERMS. EACH USER SHOULD CONSULT THEIR LEGAL ADVISERS ON THE IMPLICATIONS OF THE LIMITED LICENCE GRANTED PURSUANT TO THESE TERMS. Entire Agreement: These Terms are the entire agreement between the Parties with respect to the Porchplus Platform, including use of the Accommodation, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the Parties with respect to the Services. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Waiver: The failure of the Provider to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean the waiver of the Provider’s compliance in the future. Force Majeure: THE PROVIDER SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, AN ACT OF GOD OR PUBLIC ENEMY, PANDEMIC, VIRAL OUTBREAK, GOVERNMENT-IMPOSED LOCKDOWNS, FIRE, EXPLOSION, EARTHQUAKE, PERILS OF THE SEA, FLOOD, STORM OR OTHER ADVERSE WEATHER CONDITIONS, WAR (DECLARED OR UNDECLARED), CIVIL WAR, REVOLUTION, CIVIL COMMOTION OR OTHER CIVIL STRIFE, RIOT, STRIKES, BLOCKADE, EMBARGO, SANCTIONS, EPIDEMICS, ACT OF ANY GOVERNMENT OR OTHER AUTHORITY, COMPLIANCE WITH GOVERNMENT ORDERS, DEMANDS OR REGULATIONS, OR ANY CIRCUMSTANCES OF LIKE OR DIFFERENT NATURE BEYOND THE REASONABLE CONTROL OF THE PROVIDER. Relationship of Parties: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect Notices: Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested at the Accommodation, or by e-mail. Notices by e-mail will be sent to you at the e-mail address that you have provided. Notices by e-mail shall be deemed to have been duly given the next business day after they are sent; whether or not receipt is electronically confirmed, or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected] .