1.0aGeneral Introduction
Carefully read and agree to the terms and conditions guiding Elastretch Services and the usage of its website before submitting your application. The terms “WE” and “PROMOTERS” mean all individuals and companies whose coalition gave birth to Elastretch business initiative while “YOU” represent either an Elastretch Client, someone representing a client or all other users and visitors of the Elastretch website. The terms wherever used cover those offline and online subscribers of Elastretch products and services. By submitting your subscription/application form, Elastretch assumes that you have read, understood and accepted every part of this document. Kindly note that this document may be reviewed periodically by Elastretch without recourse to anyone. The responsibility of knowing and keeping up–to date with evolving terms and conditions rests solely on each individual user/member. The user hereby agrees to be guided by the terms and conditions herein and when modified.
1.0bRightsandObligations
Services provided by Elastretch are strictly based on the terms and conditions set forth in this agreement and other such agreements set forth elsewhere to which the client is privy. It is therefore taken for granted and on the assumption of the condition that the reader understands, accepts and voluntarily undertakes to conform to its prescriptions. By using any aspect of Elastretch services, you hereby (1a.) agree that you are legally bound by the terms of this agreement, and (b) signify and permit that: (i) you are of legal age to enter into a binding agreement; and (ii) if you are a company, governmental organization or other legal entity, that you have the right, power and authority to enter into this agreement and to represent your organization on all matters relating to her transactions with Elastretch. (iii) based on the foregoing declarations, you so elect to transact with Elastretch bearing in mind that your transactions are legally binding and the regulations and agreement herein set forth apply to you.
1.0cSecurity
Whereas Elastretch has installed in this website and to all its applications, formidable securities, you accept that should any loss occur in the course of your using this website by way of data disappearance, information leakage, malware bugs, or other losses occasioned by an act of God or such other factors which may not have been envisaged herein or captured in words, that your use of this website and all its applications is at your own discretion, in exercise of your freewill and in accordance to the laws and regulations guiding the use of all service–providing websites. Accordingly, it is the sole responsibility of users to safeguard their Unique Membership Identification Number (UMIN) and password as well as any code or subscription details used herein. Elastretch cannot guarantee your protection against unauthorized persons gaining access to your information, and you recognize that the information provided here in this website is so done at your own risk, except as otherwise provided by applicable laws.
1.0dDisclaimersonProducts&Services
In as much as Elastretch Services advertises and promotes only regulated, standardized products and services, Elastretch absolves itself of all kinds of responsibilities and liabilities arising from low quality products and services purchased through its portal at third party locations even where such purchases arose on account of Elastretch adverts and promotions. Every product and service retailed to its valued customers are presumed of the best standard and quality to the best knowledge of Elastretch promoters. Elastretch do not warrant that the quality of products, services, information, or other materials purchased or obtained through its platform would meet your expectations, or that corrections to any errors in the services can be enforced by her. Elastretch cannot guarantee that your computer monitor’s display of colours would be accurate enough as to reveal exact colours of online products sought for, hence cannot accept responsibility of products ordered online which upon arrival are found to vary in colour or spec. Elastretch owes no obligations of quality for products or services offered through third party vendors. Description of products or product pricing are subject to change at any time without notice. Elastretch and its promoters and partners reserve the right to discontinue display or sales of any product at any time. Offers for products or services made by us on this site or through other media are void if any prevailing laws of the land had prohibited the sale of such, even if such prohibitions may/may not have been known by us. It is at Elastretch’s sole discretion to set transactional limits. Elastretch reserves the right to refuse any order placed through its websites as long as payments have not been made, and where payments are made, to ensure refund of such payment within a reasonable time. Thus, Elastretch reserves the right to restrict instructions for products and services placed through her online or offline platforms. Such restrictions may include orders placed by or under the same customer’s account, credit card, or orders even when the same billing and shipping address are used. In the event that Elastretch make a change to or cancel an order, Elastretch might attempt to notify you by contacting the e-mail, billing address or phone number(s) provided at the time the order was made. Elastretch reserves the right to limit or prohibit orders that, by her sole judgment, appear not to be proper either by procedure or intent, and such as may appear injurious to your health and or in contravention of any laws. All of the foregoing applies even to the extent of services advertised by us herein or at any of our other channels which in our best judgment is good and available but is discovered non–existent after you have made commitments or payment.
1.0ePayments
Elastretch payment channels are such as are done on its website and to its designated bank account(s). Elastretch uses only the one bank account as published in its verified official channels and has not authorized anyone – staff or agent to receive payments on its behalf. Should the need arise for third parties to collect monies on our behalf, we must communicate you directly from the Head Office with clear instructions on how to disburse such payments. It must be noted that non receipted payments are likely to be fraud and must be reported immediately to Elastretch Customer Service for resolution. Transactions to the contrary are at payer’s risk and attracts no liabilities on Elastretch its associates.
2.0What is the subject of this document?
2.0a The subject of this document is the contractual terms and conditions for skilled visa travel package and other travel services provided by our platform for Project ECOCARe Afrika (PEA) or other similar services, to its clients. For the purpose of this contract and any other like it, Elastrecth Consult, PEA organizers or any of our partners, consortiums and representatives are represented by such phrases as “WE”, “Us” “Organizaers”, “Consortium”, “Our”, Etc; and this document is interchangeably referred to as T&Cs.
2.0b As earlier mentioned, these General Terms and Conditions form an integral part of the job package contract and other services and together these documents form the legal framework to enable us provide you with the best professional and unique services.
2.0c Unless stated otherwise in this document, the rights and obligations laid down in these General Terms and Conditions shall be binding on both the organizers of PEA and the client.
3.0From when is the contract binding on me?
3.0a The contract is binding on both parties from the moment it is entered into till it runs out its lifespan as would be stipulated herein.
3.0b The contract is entered into the moment, the client fills out an application form and transmits same by submitting on our website, electronically through e-mail, by submitting hard copy to any of PEA coordinating offices or by any other means or channel which may be prescribed by the organizer.
3.0c The contract is binding from the moment this T&Cs is accepted and certain measure of consideration is undertaken by the client either by payment or through some other tangible commitment and such acceptance and commitment is acknowledged by us.
3.0d Until the offer is accepted, we reserve the right to withdraw our offer. We would only withdraw our offer if it is not possible for us to implement the offer to its full extent for reasons of events which may occur subsequent to sending you our offer, and which we are unable to influence.
4.0What constitutes a valid offer?
4.0a A valid offer is that which is formally made by us in writing, stating different packages and the conditions precedent to accepting the offer. Online marketing promotions – print, video, etc are mere advertisement bluffs which does not constitute a valid offer. This proviso notwithstanding, in your exercise of discretion, you must clearly understand that the fees paid for artisans is totally non–refundable after screening and trade training has been completed in Nigeria and certificate issued. At that stage, only the best qualified would be sponsored abroad for employment under the conditions spelt out in the contract.
5.0What are the payment terms?
5.0a The total price for the package is contained in the package description page. This may change at any time without recourse to a client.
5.0bThe method of payment for a package is laid down in the package description page as well.
5.0c Every application is considered valid only when the corresponding Counterpart Commitment Deposit for the chosen package is received in full.
5.0d If the price, or part of it, is not duly paid and paid on time, we have the right to withdraw from the contract and also to demand from you the payment of a termination fee, which is stated in the package description page.
5.0e All payment must be made ONLY through the channel provided by the organizer. We are not responsible for any sums paid to a third party especially one whom we have not accredited and announced on our website.
6.0What are my obligations prior to departure and during the course of the package?
6.0a In order that we are able to secure the implementation of your applied package, we shall require necessary co-operations from you. This co-operation involves the following obligations in particular:
6.0b You should provide true and full details of your particulars and other
documents needed for package tour implementation and consummation.
6.0c You should submit documents to us to enable us apply in your behalf.
6.0d Making proper use of our advisory is mandatory in order to achieve maximum success.
6.0e You should meet vaccination and other medical obligations required by your chosen country
6.0f It is your duty to ensure that you bring COMPLETE documents to the airport for departures.
7.0During the period of your stay or when you make use of our travel services, you are required to observe the following:
7.0a Observe the laws valid in the destination or transit country, including all carrier
and accommodation provider regulations
7.0b Observe the instructions of the tour guide or other persons determined by us virtual or in-person, and conform to the determined program for which you have secured the travel approval
7.0c Act so as not to cause damage to the property of third parties, vandalize or cause losses to us or our representatives
7.0e Make necessary and legitimate steps to staying safe at all times
7.0f Duly and on time make any claims against us or any supplier in accordance
with these General Terms and Conditions.
7.0g Bear full responsibility of your safety, obeisance to authorities, obedience to all applicable laws either in your home country or in foreign countries to which you go.
8.0Can changes occur in the package tour or travel service?
8.0a Unfortunately, we cannot rule out the fact that after the contract is concluded, circumstances may occur which may result in a change in the terms of the package tour or provision or travel services. If such circumstances occur, we will inform you immediately and as the circumstances permit.
8.0b If, however, such circumstances should result in a fundamental change to the core elements of the package, or if we should be unable to meet your special requirements which we have accepted, we would offer to make a change to the contract package with you. In this case, you have the right within a deadline of five (5) days to decide whether to agree to the change in contract or to withdraw from the contract.
8.0c If we do not receive your withdrawal from the contract within this deadline, this means that you agree to the proposed changes and we shall be obliged to commence making alternate plans to which you shall be responsible.
8.0d If you withdraw from the contract for the above detailed reasons, or if the package is cancelled for a reason other than a breach of your obligations, we shall offer you an alternative package which will correspond to the maximum possible extent to that which was originally arranged.
8.0e If this alternative package tour is acceptable although it is of a higher price than the original package tour, we would not charge you for the difference in price.
8.0f If this alternative package is of a lower price than the original package, we would refund the difference in price to you. This applies only to refundable payments.
8.0g If you are not interested in taking advantage of the alternative package, we would refund the sum you have paid for the original package tour to you, less whatever processing fee that might have been spent.
8.0h If in the course of are unable to provide certain services which you have paid for, or if the package/program has to be changed or its terms amended, we shall take all possible measures to ensure your package tour is as little affected by this change as possible. We will do our utmost to ensure a program and services replacement of same or near quality is given except where you are in breach of any part of this agreement.
9.0Misrepresentations and False Information
9.0a Any false information whatsoever, howsoever given and to whatever degree shall invalidate all and every part of our obligations to you without any liabilities on our part. This is so because any falsehood presented to us is transmitted to our partners and same can invalidate our credentials with them and destroy our business relationship, thereby causing untold hardship and loss to us. We therefore have zero tolerance for falsehood and treat such as a strict vitiating element which goes to the foundation of our undertaking with you; capable therefore of bringing us back to the place before which we entered into the agreement, hence invalidating all our undertakings to and with you, totally relieving us of all obligations and leaving no liability of any kind on us. Misrepresenting information and all forms falsehood is therefore an automatic disqualification to the client and it cancels this agreement without further warning and leaves
10.0a After concluding the package and contract, you have the right to withdraw from the contract at any time if the need arises. This withdrawal is effective from the moment we receive your notice of withdrawal. If, however, your withdrawal is for a reason other than an unavoidable and extraordinary circumstance, you will be obliged to pay all costs actually incurred for your package unless if we were earlier notified that you may at some point pull out should certain specified state of affairs occur.
10.0b You are also required to pay the above detailed termination fee if we withdraw from the contract because you have not observed or are not observing your obligations except where and unless otherwise stated at the beginning of the contract.
10.0c If you do not arrive for the package or you fail to make use of the services, we provide for reasons whatever reason, not minding provisions of 10.0a&b respectively; on accounts that you discover in time, when we have not incurred any costs in your behalf, that you lack requisite qualification to proceed with the package, you would not be liable to pay any outstanding fees and no damages or surcharge fee would be charged you.
11.0a Although our objective is to satisfy your needs and expectations to the maximum possible extent, however, there may arise certain unfortunate events where your assured package may not be fully executed. In such a situation, and subject to all sections and parts of this documents and all other such terms and conditions guiding our contract with you, you may write us without delay stating the discovered shortcoming in our promised service and request for a refund, supplying your bank details. The refund shall be processed and effected within a reasonable time.
11.0b We shall only be accountable for such services as are within our direct control and to which we have 100% control over. Where a third-party service provider and another partner is involved, the refund shall be subject to their own policies and according to the terms and conditions guiding our operations and partnerships with them.
11.0c In order to resolve your complaint and eliminate claimed shortcomings as soon as possible, we require necessary co-operation from you. In this regard, we will need relevant information on the shortcoming you have ascertained, documents or other evidence proving the claimed shortcoming including providing access to areas and also make a specific claim.
11.0d If conditions for grounds of justification (force majeure) or circumstances which are on your side occur which result in you not partaking in the services ordered and paid for by you and secured by us, then you are not entitled to any refund of the sum you have paid, nor to a discount from the price, we may however, depending on the merit of your claim, help in making your burdens lighter in any way possible and as it may convenient for us.
12.0a You may so do if no specific process and undertaking had commenced on your behalf before the time the time of your interest to make such a transfer. Our policy allows you to transfer your package to a third person if that third person meets the conditions for inclusion in the package. Any change in customer is effective if you inform us on time in writing and at the same time provide us with the third person’s agreement that he or she consents to the concluded contract and that he or she meets the conditions for inclusion in the package agreed with you. This transfer is subject to consideration and approval by us and we reserve the right to refuse doing without any explanations. In case of changes made this way, we are entitled to require the payment of actual costs related to the transfer of your package to a third party who was not anticipated a beneficiary at the initial stage.
13.0Force Majeure
13.0a Neither you nor us shall be liable for delays in processing or other non–performance caused by such events as pandemics, wares, fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, virus or malware attack, other forms of natural disasters, or any act of God over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
14.0Dispute Resolution
14.0a It is our primary objective and intention that you should be fully satisfied with our services and that the package have arranged is a safely consummated by you. To this end, we shall endeavor to resolve any disputes by agreement with you. If it proves impossible to reach an agreement, any dispute unresolved within 50 days, may be referred to an arbitration body sitting in Lagos or Abuja for a decision. We pledge to abide by the final decision of such an arbitration body. You agree that there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between you and us. Arbitration proceedings must be initiated within one year after the disagreement or dispute arises, any time exceeding this period shall not be regarded valid. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect. The arbitration panel shall not exceed three men on each side, making a total six and the one petitioning for arbitration shall bear the costs thereto.
15.0Termination
15.0a Obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes, subject of course to all section of this document. Terms of Service are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these terms we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
16.0ContactInformation
16.0a Questions relating to any part of this document can be sent to us via our official contact email address or physical business address.