TERMS AND CONDITIONS
FOR USE OF THE SENCILLO PROPERTIES.
1. INTRODUCTION
1.1. These Terms and Conditions (“Terms” or “Agreement”) govern your access to and use of the properties operated by Sencillo Limited, including Sencillo Residences (private serviced apartments located within shared residential buildings in Eko Atlantic) and Sencillo Beach House (a standalone resort-style property in Ilashe), jointly referred to as the Sencillo Properties. This Agreement is a legally binding agreement between Sencillo Limited (the “Sencillo”, “we”, “us” or “our”) and you or the entity you represent (“you”, “your” or “Guest”). These Terms apply to your booking access and use of either property, including all related facilities and services. These Terms shall take effect and become binding upon your express booking with us and your payment/acceptance to use the Services provided by Sencillo Limited.
1.2. These Terms and Conditions must be read in conjunction with any other agreements between you and Sencillo including but not limited to our privacy policy, acceptable use policy and any other terms relating to the use of our Website or Services.
1.3. Your booking and/or payment for the use of our Services shall be deemed as confirmation that you have read and accepted to be bound by these Terms. If you do not agree with any provisions contained herein, please do not access or use our Website and/or our Services.
1.4. We do not provide any of the Services to persons under the age of 18 (eighteen) years, therefore, you represent and warrant that you have the right, authority, and capacity to be bound by these Terms. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You may not access or use the Website and/or the Services if you are under 18 (eighteen) years old. By using the Services, you warrant that you are 18 (eighteen) years of age and above, and of full legal capacity.
1.5. These Terms herein stated shall not be construed to be complete or exhaustive and Sencillo Limited reserves the right to update, modify or amend them from time to time, subject to notice to Guests in line with our Terms and Conditions.
2. OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We understand the importance of privacy in handling the information you share with us, thus, your submission of personal information is governed by our Privacy Policy which describes our procedures on the collection, use, safeguarding and disclosure of your information when you use our Services and/or our Website. Our Privacy Policy may be viewed at https://www.sencillo.com/privacy-policy/ SENCILLO LIMITED reserves the right to modify its Privacy Policy and these Terms from time to time provided that such modifications shall be communicated to Guests in line with our Terms and Conditions
3. DEFINITIONS
Under this Agreement:
3.1. “Applicable Laws” means any statute, law, regulation, ordinances, rules, judgment, notification, rule of common law, order, decree, byelaw, government approval, directive, guideline, requirement or other governmental instruction or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter.
3.2. “Caution Fees” shall be a refundable deposit to be paid by Guest(s) prior to check-in and held by Sencillo Limited to cover any damages, loss, or breach of obligations under these Terms.
3.3. “Guest(s)” means the person or company who is named on the Booking Form; has paid the full booking fees and whose reservation has been formally accepted and confirmed by Sencillo Limited, in accordance with these Terms.
3.4. “Hirer” means the person or company who is named on the Booking Form; has paid the full booking fees and whose reservation has been formally accepted and confirmed by Sencillo Limited , in accordance with these Terms.
3.5. “Intellectual Property” means all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, rights of publicity, and goodwill belonging to Sencillo Limited.
3.6. “Services” means the services described in Clause 6 below.
3.7. “Website” means the Sencillo Limited website accessible at www.sencillo.com
4. GENERAL TERMS OF USE
4.1. While using Sencillo Properties and/or our Website, you shall:
i. Use it in a manner permissible by Applicable laws.
ii. Not violate any laws, regulations, third party rights and our policies.
iii. Not copy or modify our intellectual properties.
iv. Not use our Services if you are not up to the age of 18 (eighteen) years. Guests under the age of 18 must be accompanied (at all times) by an adult over the age of 18 (eighteen) years. Sencillo Limited reserves the right to check identification to verify the age requirement.
Not engage in any activity that may disrupt, damage, impair or interfere with the proper functioning of Sencillo Limited facilities, Website or Services.
5. BOOKINGS AND RESERVATIONS
Guests are required to make an advanced booking, walk-in guests are not allowed at our Residences as well as at our Beach House. Guests are also obliged to pay the full amount to confirm their reservation with Sencillo Limited. A reservation shall be deemed valid and binding upon issuance of a written or electronic booking confirmation by Sencillo Limited. All reservations shall not be confirmed until full payment has been received and acknowledged by Sencillo Limited.
5.1. Any attempt to alter, resell, or transfer a reservation without prior written consent of Sencillo Limited shall render the booking null and void.
5.2. Guests are responsible for ensuring that all information provided during booking are accurate. Sencillo Limited shall not be liable for errors, omissions, or false information supplied by Guests.
6. SERVICES
6.1. Sencillo Limited shall, at its sole discretion, provide the following services to Guests during their stay at either Sencillo Residences or Sencillo Beach House, subject to availability, building regulations, weather conditions, and operational constraints.
6.2. Sencillo Residences
6.2.1. Guests staying at Sencillo Residences shall be entitled to the following services:
a. Access to and use of the private serviced apartment, including bedrooms, kitchen, bathrooms, and living area, for accommodation and personal use.
b. Complimentary in-unit Wi-Fi.
c. Access to shared building amenities, including the swimming pool, gym, children’s play area, and meeting room, subject to the rules, availability, and approval of the building’s management or facility administrators.
d. These shared amenities are operated and maintained by the building’s management and are not owned or controlled by Sencillo Limited. Accordingly, access is not guaranteed and may be subject to third-party restrictions or temporary closure.
e. Sencillo Limited reserves the right to restrict or withdraw access to any of the above services at any time for maintenance, safety, regulatory compliance, or other operational reasons without liability to the Guest.
6.2. Sencillo Beach House
Guests staying at the Beach House shall be entitled to the following services:
a. Exclusive access to the standalone beachfront property, including bedrooms, bathrooms, living areas, outdoor lounge spaces, and designated beachfront areas for personal use.
6.3. Complimentary use of a 15-seater boat for transportation to and from the Beach House, subject to availability, weather conditions, and operational constraints.
a. Usage Terms: The boat service is strictly for transporting registered guests. Recreational use or third-party transport is prohibited unless expressly approved in writing by Sencillo Limited.
b. Guest Responsibilities: Guests must arrive at the designated jetty on time and follow all safety instructions provided by the boat crew. Children under 18 must be accompanied by an adult. Guests are responsible for their personal belongings during transit.
c. Liability: While Sencillo will take reasonable safety precautions, the boat service is used at the Guest’s own risk. Sencillo shall not be liable for any injury, loss, or damage sustained during transit, except where caused by gross negligence or willful misconduct.
d. Cancellation or Suspension: Sencillo reserves the right to cancel or suspend the boat service at any time due to weather, safety, or operational reasons without liability. Alternative transport arrangements may be suggested but are not guaranteed.
e. Use of outdoor amenities including shaded lounge areas, barbecue facilities, and designated fire pits, subject to safety guidelines and management instructions.
f. Daily housekeeping services.
g. On-site security personnel to ensure safety and enforce compliance with house rules.
h. Power supply with backup generator, subject to external conditions.
i. Guest support via a designated contact person for check-in, check-out, and operational concerns.
7. RENTAL CONDITIONS
BEACH HOUSE
7.2. Availability and Booking
a. The Beach House is available for rental all year round. Daily hire charges apply and are communicated upon request. We reserve the right to refuse any booking without providing a reason.
7.3. Check-In and Check-Out
a. Day Bookings: Check-in is from 11:00 AM and check-out is strictly by 6:00 PM.
b. Overnight Bookings: Check-in is from 11:00 AM and check-out is strictly by 9:00 AM the following day.
7.4. Due to cleaning and housekeeping schedules, these times are fixed and non-negotiable. Guests must be fully packed and vacated by the indicated closing time.
7.5. Booking Changes
a. While rare, Sencillo Beach House reserves the right to make changes to your booking. These are expected to be minor and will be communicated as early as possible.
7.6. Acceptance of Terms
a. Payment of fees for the use of the Beach House constitutes acceptance of these Terms and Conditions, as well as the Beach House’s rules and regulations. These terms are binding on the Hirer and all users, including guests, vendors, and invitees.
7.7. Conduct and Compliance
Guests are expected to review and comply with all rules and regulations applicable to the Beach House. Management, through its security personnel, reserves the right to revoke admission to any group found in violation of these rules.
RESIDENCES
7.8. Unless expressly specified differently, Guests are required to check-in by 2pm and check-out by 12 noon. Early arrivals before 2pm are advised to arrange for early check-in, in advance. Late check-out after 12pm may be allowed by Sencillo Residences upon request and subject to space availability. Late check-out may however incur an additional cost.
7.9. Failure to vacate the apartment by the agreed check-out time without prior approval shall attract a penalty equal to one (1) night’s stay, in addition to other damages incurred
8. OCCUPANCY
8.1. Each property under Sencillo Limited has a set maximum occupancy to ensure comfort, safety, and compliance with operational standards. Guests are required to adhere strictly to the occupancy limits.
8.2. Sencillo Residences
a. Overnight stays are permitted only for registered guests listed on the booking.
b. While guests may host visitors during the day, overnight occupancy is limited to the number of persons specified in the booking confirmation.
c. Management reserves the right to deny entry to unregistered guests and may evict or terminate the stay of any Guest found in breach of this policy without refund.
d. Failure to vacate the apartment by the agreed check-out time without prior approval shall attract a penalty equal to one (1) night’s stay, in addition to any other damages incurred.
e. Guests are expected to treat the apartment and shared amenities with care. Any damage caused will be charged to the Guest and deducted from the Caution Fee, with any excess payable within seven (7) days of notification.
8.3. Sencillo Beach House
a. The use of the Beach House is exclusive to the Hirer and their guests/invitees during the booked period.
b. The total number of guests and vendors must not exceed the number stated on the invoice at any given time.
c. Vendors may be advised to leave the premises after setup to ensure compliance with occupancy limits.
d. Sencillo provides on-site security personnel to monitor and enforce these limits.
e. No firearms are permitted within the Beach House. Police personnel, if present, must remain at the designated sit-out location at the lagoon entrance.
f. Guests must be mindful of the size of the Beach House and its outdoor decking space when planning events, to ensure comfort and consideration for neighboring properties.
g. Professional photo or video shoots are prohibited without prior written authorization from Sencillo Limited. Personal phone and video cameras are permitted.
h. The use or possession of illicit or narcotic drugs on the premises is strictly prohibited.
i. Guests must vacate the Beach House promptly at the end of their booking period to allow for cleaning and preparation for the next guest.
j. Maintenance concierge teams are available during the booking period to support operational needs. However, they are not to be engaged for errands or food preparation.
k. Guests are expected to treat the Beach House with care. Any damage to the property will be borne by the Guest and may result in forfeiture of the Caution Fee and additional charges.
l. Please be informed that strippers are NOT allowed on the property and in case of a breach of this rule, a surcharge of N200,000 will be imposed on the hirer. We ask that you keep off any nudity or indecent exposure off social media.
9. DAMAGE TO SENCILLO LIMITED’S PROPERTY
Sencillo Limited reserves the right to charge Guests the cost of rectifying damage or soiling, caused by any accidental, deliberate, negligent, or reckless act(s) of the Guest to Sencillo Limited’s property or structure. This shall be in addition to the Caution Fees which shall be applied towards rectifying the damage. If the cost of repair or replacement exceeds the Caution Fees, the Guest shall be liable to pay the balance within 7 (seven) days of being notified by Sencillo Limited. Failure to pay shall entitle Sencillo Limited to recover the sum as a debt and/or pursue legal remedies.
10. GUEST CONDUCT AND SAFETY
10.1. The person making the booking or executing the required documentation shall be responsible for the property (Residences or Beach House) and must ensure that all guests, visitors, vendors, and invitees comply with the rules, regulations, and guidelines issued by Sencillo Limited and, where applicable, the building management.
10.2. Bookings at Sencillo Properties are non-transferable except at the sole discretion of Sencillo Limited. Sencillo reserves the right to access the property at any reasonable time, with or without workmen, for maintenance, inspection, or replenishment, even in the absence of the Guest or Hirer.
10.3. Where any terms and conditions are breached (e.g. causing a disturbance, exceeding occupancy limits, damage to property), Sencillo reserves the right to revoke access without refund. Further bookings may be refused, and relevant third parties (e.g. building management or neighboring operators) may be notified.
10.4. Guests may tag Sencillo on social media posts related to their stay. However, caution must be exercised to avoid any content that misrepresents the brand, causes reputational harm, or results in unhealthy publicity. Indecent exposure or misrepresentation of the Sencillo brand is strictly prohibited.
10.5. Sencillo Residences
a. Children under 18 must be supervised at all times.
b. Guests must comply with all safety instructions issued by building security or Sencillo personnel.
c. Shared amenities (e.g., pool, gym, play area) must be used respectfully and in accordance with posted rules.
d. No food or glassware is permitted in or around the pool area.
e. Swimwear is required; footwear is not permitted in the pool.
f. Running on wet surfaces is prohibited to prevent accidents.
g. Guests must treat the apartment and shared amenities with care. Any damage will be charged to the Guest and deducted from the Caution Fee, with any excess payable within seven (7) days of notification.
10.6. Sencillo Beach House
a. Guests are responsible for their own safety and that of their invitees. The concierge is not a lifeguard.
b. Special care must be taken when hosting disabled persons or young children.
c. No food is allowed in the pool or hot tub; beverages must be in plastic cups only.
d. Glassware is strictly prohibited in pool and hot tub areas.
e. The hot tub accommodates a maximum of 8 persons at a time.
f. Appropriate swimwear is required; footwear is not permitted in the pool or hot tub.
g. Dress code is beach chic; sexual nudity is strictly prohibited.
h. Guests must avoid standing on natural grass and use paving stones to access areas.
i. Water must not be allowed to drip onto interior surfaces, especially in lobbies and hallways, to prevent slippery conditions.
11. REFUNDS
All payments and booking fees made for the Services at Sencillo Residences and Sencillo Beach House are strictly non-refundable. However, management may, at its sole discretion, offer a one-time rebooking or credit option to guests who notify of cancellation at least 7 days before their scheduled check-in date. Any credit granted must be used within 6 months from the original booking date and will be subject to availability and applicable terms at the time of rebooking.
Caution Fees are refundable if Sencillo Limited establishes that no damage has been done to Sencillo Properties after check-out of a Guest.
11.1. Refunds of Caution Fees shall be processed within 14 (fourteen) working days after check-out, subject to inspection.
11.2. All refunds shall be made via the same payment method originally used, unless otherwise agreed in writing.
12. PHOTOGRAPHS AND VIDEOGRAPHY
Guests may take personal photographs or videos during their stay at Sencillo Residences or Sencillo Beach House for private use only. However, any commercial use including but not limited to influencer content, brand promotion, endorsements, music videos, films, advertising campaigns, or public publishing on monetized platforms is strictly prohibited without prior written approval from Sencillo Limited.
Unauthorized commercial filming, photography, or content creation may result in immediate eviction, forfeiture of booking fees, and/or legal action.
To request approval for a shoot, guests must contact management at least 72 hours prior to check-in. Approval may be subject to additional fees, written agreements, and property-specific terms and conditions.
13. OBLIGATIONS AND RIGHTS OF GUESTS
13.1. Guests shall maintain orderly and respectable conduct throughout the duration of their stay at Sencillo Properties.
13.2. Guests shall be solely responsible and will ensure that persons under the age of 18 (eighteen) years are supervised at all times.
Sencillo reserves the right to enforce this policy strictly in the interest of guest comfort, safety, and property preservation. Smoking of any kind including cigarettes, cigars, vaping devices, shisha, or other tobacco/non-tobacco products is strictly prohibited at SENCILLO RESIDENCES, both indoors and outdoors. This includes within private apartments, balconies, shared amenities, and all communal areas.
At SENCILLO BEACH HOUSE, smoking is not permitted indoors or in enclosed spaces such as bedrooms, bathrooms, the lounge, or kitchen. However, designated outdoor areas, such as the fireplace, may be used for smoking of cigarrette or shisha consumption, provided it is done responsibly. Guests must dispose of cigarette butts properly and avoid littering the beach, garden, or poolside areas.
Any guest found violating this policy may forfeit their Caution Fee, face eviction, or incur additional penalties, at Sencillo Limited’s discretion. Sencillo reserves the right to enforce this policy strictly in the interest of guest comfort, safety, and property preservation.
13.3. All forms of weapons and substances deemed illegal by the laws of Nigeria are not permitted on Sencillo Properties premises.
13.4. Guests shall comply with all house rules, instructions and safety guidelines issued by Sencillo Properties management from time to time.
14. OBLIGATIONS OF SENCILLO LIMITED
SENCILLO LIMITED shall:
14.1. provide the Services to the Guest/Hirer in accordance with these Terms.
14.2. not permit the entry of any unaccompanied person under the age of 18 (eighteen) years into the Resort.
14.3. conduct itself in a professional manner in the course of its obligations towards the Guest/Hirer.
14.4. not divulge or disclose to any person or persons whomsoever, any secret entrusted to it or coming to its knowledge in the course of performing the Services, except as required by law or regulation.
14.5. perform its obligations under this Agreement with the highest standards of professional and ethical competence.
14.6. Notwithstanding the foregoing, Sencillo Limited does not warrant uninterrupted availability of Services and shall not be liable for temporary suspensions due to maintenance, safety, or operational reasons.
15. GENERAL SECURITY OF GUESTS
15.1. The safety and security of our guests are of utmost importance to us. However, Guests are advised to take precaution and adhere to safety guidelines during their stay.
15.2. Sencillo Properties reserves the right to inspect guests’ belongings and refuse entry to individuals deemed to pose a threat to the safety or well-being of others.
15.3. Guests consent to reasonable security checks on entry, including baggage screening and identity verification.
16. FIRE SAFETY POLICY
The building where Sencillo Residences operates is equipped with standard fire safety systems, and evacuation procedures, as managed by the building’s facility team. Guests are expected to comply with all posted safety notices, emergency exit signage, and any instructions from building security or SENCILLO PROPERTIES personnel in the event of a fire or emergency. Tampering with fire safety equipment is strictly prohibited and shall attract a fine, immediate eviction, and/or legal action.
At the Sencillo Beach House, open fires are permitted only in designated areas such as the outdoor fireplace and must be supervised at all times.
17. CCTV
CCTV systems operate in the communal areas of Sencillo Residences. Video surveillance is carried out for the Guests’ and staff’s personal security and to ensure a high standard of service. By entering the premises, guests consent to such surveillance. CCTV footage may be retained and disclosed in compliance with Applicable Laws.
Please Note: There is no CCTV surveillance on the Sencillo Beach House Premises.
18. LOST AND FOUND
Sencillo Limited expects Guests to do a thorough check of their rooms and communal areas before leaving any of Sencillo Properties to ensure no items/personal possessions have been left. Sencillo Limited will make efforts via email to contact a Guest if it becomes aware of any item that has been left behind, within 24 hours. It shall be the responsibility of the Guest to retrieve any lost item(s) from the specific Sencillo Property. If any item remains at Sencillo Properties for more than 20 (twenty) calendar days since the date of departure of the Guest and no attempts have been made to retrieve the item, Sencillo Limited will donate or destroy the item. Sencillo Limited shall not be liable for theft, loss, or damage to any personal belongings left on the premises.
19. PROHIBITED ITEMS
The following items are not permitted on Sencillo Properties premises:
i. Animals of any kind, are not allowed at any of the properties. We have resident peacocks at the Beach House. Unfortunately, no other animals are permitted on the premises.
ii. Flammable, explosive, or otherwise hazardous materials.
iii. Objects emitting a foul odor.
iv. Firearms and/or other weapons.
v. Drones and similar devices.
vi. Materials related to and/or used in gambling, prostitution, smuggling, or other illicit acts.
vii. Illegal drugs or other articles, the possession of which is prohibited by the laws of Nigeria.
Sencillo Limited reserves the right to refuse entry to any Guest found to be in possession of prohibited items. Guests shall be solely liable and responsible for all financial or otherwise, and damage that may be caused by such items. Guests found with prohibited items shall forfeit their booking without refund and may be reported to the appropriate law enforcement authorities.
20. INAPPROPRIATE BEHAVIOUR
If a Guest’s/Hirer’s actions, whether directed towards our staff or otherwise, are deemed inappropriate by Sencillo Limited, or if any inappropriate behavior is reported, Sencillo Properties reserves the right, following a thorough investigation of the allegations, to take appropriate action against the Guest. Such action may include, but is not limited to, requesting the Guest to leave the premises without a refund for any Services unrendered. Inappropriate behaviour includes but is not limited to: verbal abuse, harassment, violence, intoxication, discriminatory conduct, or willful damage to property.
21. TERMINATION
21.1. Sencillo Limited reserves the right to terminate the Services being provided to any Guest immediately for breach of these Terms, misconduct, or safety concerns, or for any reason upon providing written notice to the Guest.
21.2. This Agreement will take effect at the time you pay the booking fees for access to the Services, or you click “I AGREE” button on the Website, whichever is earlier. If, in our sole discretion, you fail or we suspect that you have failed to comply with any provision of these Terms, we may terminate or suspend your access to the Website and/or the Services at any time with notice to you.
21.3. You further agree that we shall not be liable to you or any third party for the consequences of such termination or suspension.
21.4. Your rights under these Terms will terminate if you fail to comply with the provisions contained herein. Termination shall be effective immediately upon notice to you.
21.5. These terms as it relates to: (Liability) (Content Ownership and Terms), (Indemnity), (Disclaimer of Warranties and General Release), (Governing Law, and Dispute Resolution), (Changes to These Terms) (Copyright Infringement) shall survive any termination of this Agreement.
22. COPYRIGHT INFRINGEMENT
All rights reserved. No part of our Website may be copied, reproduced, ripped, recorded, re-engineered, decompiled, disassembled, modified reproduced, distributed, or transmitted in any form or by any means either electronic or mechanical methods, without the prior written permission of Sencillo Limited..
23. CONTENT OWNERSHIP AND TERMS
23.1. The trademarks, service marks, logos, and product names displayed on or in connection with our Website and Services are the trademarks and service marks of Sencillo Limited..
23.2. Sencillo Limited owns and retains, solely and exclusively, all rights, title, and interest in and to our Website, the look and feel, design and organization of our Website, all our content, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
23.3. Neither these Terms nor your use of our Website grants you any license or permission under any copyright, trademark, or other intellectual property of Sencillo Limited or any third party, whether by implication or otherwise. These Terms do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
23.4. We reserve all rights not expressly granted to you in these Terms. Nothing in these Terms shall be deemed to constitute the grant of any license or other right to our Intellectual Property rights except as expressly set forth herein.
24. INDEMNITY
24.1. You shall indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
24.2. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.
25. NOTICES
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to Sencillo Limited during booking. Notice shall be deemed given twenty-four (24) hours after an email is sent.
26. OTHER WEBSITES AND SERVICES
26.1. Your use of our Website and Services is subject to these Terms and any applicable terms that we may post or notify you about.
26.2. We may update our Website without notice, at any time at our sole discretion, and these Terms will apply to any updated versions. We however encourage you to check our Website from time to time to ensure you are fully abreast of changes, updates on any of the services we provide.
26.3. Our Website may include links and features that enable you to access other websites or services, and other websites or services may include links to our Website. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
26.4. You are solely responsible for, and assume risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
26.5. YOU ACKNOWLEDGE AND AGREE THAT THE SENCILLO LIMITED AND ITS PARTIES ARE NOT RESPONSIBLE AND WILL NOT BE LIABLE FOR: (I) THE ACCURACY OR AVAILABILITY OF ANY SUCH WEBSITES OR SERVICES; OR (II) ANY INFORMATION, MATERIALS, GOODS OR SERVICES ON OR AVAILABLE FROM ANY SUCH WEBSITES OR SERVICES.
26.6. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ANY TERMS OF USE AND/OR PRIVACY POLICIES OF ANY OTHER WEBSITES OR SERVICES TO WHICH WE MAY LINK, AND WE ASSUME NO LIABILITY FOR THE INFORMATION CONTAINED THEREIN.
27. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
27.1. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
27.2. You hereby agree to the use of electronic signatures and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.
27.3. You hereby waive any rights or requirements under any Applicable Laws which require a wet ink signature or delivery or retention of non-electronic records, or to payments by any means other than electronic means.
28. FORCE MAJEURE
28.1. Sencillo Limited shall not be liable for any failure to perform any of its obligations under these Terms if the performance is prevented, hindered or delayed by a Force Majeure Event.
28.2. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Sencillo Limited, including, without limitation, sabotage, fire, flood, explosion, power surges or failures, acts of God including floods and other natural disasters, extreme weather conditions, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, total nationwide power outage, unauthorized access to computer data and storage devise, computer crashes or breach of security and encryption, acts of terrorism, labour disputes, failures in communication networks, legal constrains, pandemics, epidemics, or other events beyond the reasonable control of Sencillo Limited
28.3. In the event of a Force Majeure Event, Sencillo Limited shall inform the Guest by electronic mail, or any other faster means of communication within 48 (forty-eight) hours of the occurrence of the Force Majeure Event. If Force Majeure Event exceeds 2 (two) months, Sencillo Limited and the Guest shall enter discussions and consult together to find a mutually acceptable solution.
29. LIABILITY
29.1. You are fully responsible and liable for use of the Website and the Services.
29.2. Under no circumstances shall Sencillo Limited be liable to you or any third party for any indirect, incidental, exemplary, punitive, special or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with these Terms, our Website, Services, the use or inability to use our services, any conduct, performance or non-performance (whether online or offline) or any other user or other third party.
29.3. Sencillo Limited does not guarantee continuous or secure access to our Website. We will use reasonable efforts to always make the Website available BUT we do not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to access the Website, or any other communication system failure which may result in the Website being unavailable.
29.4. Sencillo Limited is not responsible for any support or maintenance regarding the Website and may at its own discretion update, modify, or adapt the Website and its functionalities from time to time to enhance the user experience. This may result in any downtime for which Sencillo Limited is not responsible.
29.5. To the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website or Services.
29.6. Sencillo Limited shall not be liable for any injury, death, or property damage arising from the use of the Sencillo Properties, except where such liability cannot be excluded under applicable law. Users assume all risks associated with the use of the Sencillo Properties and agree to indemnify Sencillo Limited against any related claims
29.7. Nothing in these Terms shall exclude or limit Sencillo Limited’s liability when it cannot be excluded or limited under Applicable Laws, such as in the case of intent or gross fault by Sencillo Limited. If Sencillo Limited (nevertheless) is liable towards a Guest, this will be limited to ten percent (10%) of the payments made to Sencillo Limited by the Guest for the Service(s) in which the liability causing event took place.
29.8. The exclusions and limitations of liability provided herein, shall apply to all claims, whether based on warranty, contract, status, tort (including negligence), strict liability, or any other legal claim, whether or not any of Sencillo Limited parties have been advised or should have known of the possibility of such damage or loss, and even if a remedy set forth in these Terms is found to have failed of its essential purpose.
29.9. Sencillo Limited will not assume responsibility for any products or services offered or provided by external service providers unaffiliated with Sencillo Limited. Sencillo Limited cannot be held liable for any accidents or exceptional incidents related to the Services.
30. DISCLAIMER OF WARRANTIES AND GENERAL RELEASE
30.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR PRODUCTS, OFFERINGS AND SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH THE SENCILLO PROPERTIES AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE SENCILLO LIMITED PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. SENCILLO LIMITED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR WEBSITE IN ANYWAY WILL GIVE RISE TO ANY SPECIFIC RESULTS.
30.2. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED FROM SENCILLO LIMITED OR THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY BY US NOT EXPRESSLY STATED IN THESE TERMS OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND US.
30.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE SENCILLO LIMITED PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY DISPUTES BETWEEN YOU AND OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR WEBSITE, (II) ANY CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY THIRD PARTY IN ANY WAY CONNECTED WITH OUR WEBSITE, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR WEBSITE.
30.4. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF ENTERING INTO THIS RELEASE.
31. CHANGES TO OUR WEBSITE
31.1. Our Website is updated frequently, we therefore encourage you to check our Website from time to time to ensure you are fully abreast of any changes. Updates on any of the Services we provide, their form and functionality may change without notice.
31.2. We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Website, including any loss of business or the ability to use any product or service.
32. GOVERNING LAW AND DISPUTE RESOLUTION
32.1. The governing law shall be the law of the Federal Republic of Nigeria.
32.2. Where any dispute, controversy or claim arises from the use of Services, the parties to such dispute shall use their best efforts to amicably settle the dispute, controversy, or claim.
32.3. Any dispute which cannot be mutually resolved by the Parties within 21 (Twenty-One) days shall be referred to a court of competent jurisdiction in Nigeria for final resolution.
33. CHANGES TO THESE TERMS
33.1. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.
33.2. Except as stated elsewhere, all amended terms shall automatically be effective on the date they are posted.
33.3. By continuing to use our Website and/or the Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
33.4. You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Website, and you agree to review these Terms regularly and inform yourself of all applicable changes.
33.5. Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
33.6. We shall not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product or service.
34. MISCELLANEOUS
34.1. This Agreement, our data privacy policy and other applicable agreements with us and any other terms and conditions incorporated into these Terms by reference, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
34.2. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.
34.3. No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by a Sencillo Limited representative who is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.
34.4. There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.
34.5. You and Sencillo Limited are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Website.
34.6. Nothing in these Terms shall prevent us from complying with any Applicable Law or regulation.