Terms & Conditions

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Phunlife Technologies Ltd, located at Mini Akama Close, New GRA, Port Harcourt, Rivers 500102, Nigeria ("we", "us"), concerning your access to and use of the Phunplan platform and mobile application. The platform provides activity discovery, booking, and experience management services ("Services"). You agree that by accessing the App and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

Supplemental policies, including our Privacy Policy, Cancellation Policy, and any additional terms posted on the App from time to time, are expressly incorporated by reference into these Terms and Conditions.

We may make changes to these Terms and Conditions at any time. The updated version will be indicated by an updated "Last updated" date and will be effective as soon as it is accessible. Your continued use of the App following any update constitutes your acceptance of the revised Terms.

We may update or change the App and Services from time to time to reflect changes to our products, our users' needs, and/or our business priorities.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation.

The App is intended for users of all ages. We recommend that users under 13 obtain parental or guardian permission before using the Services.

Additional policies which also apply to your use of the App include:

• Our Privacy Policy — sets out the terms on which we process personal data we collect from you. By using the App, you consent to such processing and warrant that all data provided by you is accurate.
• Our Cancellation Policy — sets out the rules governing bookings, cancellations, and refunds for activities booked through Phunplan.
• If you make bookings or purchases through the App, the applicable payment and service terms will apply to your transaction, processed via Flutterwave.

You may not access or use the App for any purpose other than that for which we make the App and Services available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing.

As a user of this App, you agree not to:

• Systematically retrieve data or other content from the App to create a database or directory without our written permission.
• Make any unauthorised use of the App, including collecting user names or email addresses for the purpose of sending unsolicited communications.
• Use the App to advertise or offer to sell goods and services without our prior written approval.
• Circumvent, disable, or otherwise interfere with security-related features of the App.
• Engage in any automated use of the system, such as using scripts to send comments or messages.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the App.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
• Use the App in a manner inconsistent with any applicable laws or regulations.
• Impersonate another user or person, or use the username of another user.
• Post false, inaccurate, or misleading reviews of activities or service providers.

You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update it as necessary; (c) you will keep your password confidential and will be responsible for all use of your account; (d) you have the legal capacity to agree to and comply with these Terms and Conditions; and (e) you are not a minor in your jurisdiction of residence, or if a minor, you have received parental or guardian permission to use the App.

If you know or suspect that anyone other than you knows your login credentials, you must promptly notify us at support@phunplan.com.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We reserve the right to remove or change a username we determine to be inappropriate, offensive, or otherwise objectionable.

There may be opportunities for you to post content to the App or send feedback to us ("User Content"). You understand that your User Content may be viewed by other users, and that they may be able to see who has posted it.

By uploading or posting content to our App, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display, and distribute your User Content solely for the purposes of operating, improving, and promoting the Phunplan platform. We are not required to attribute your User Content to you.

In posting User Content — including activity reviews or communications with other users — you must comply with our Acceptable Use Policy as set out in Section 2.

You warrant that any User Content you provide complies with our Acceptable Use Policy. You will be liable to us and agree to indemnify us for any breach of that warranty, including any loss or damage we suffer as a result.

We reserve the right to remove any User Content at any time without notice if, in our opinion, such content does not comply with our Acceptable Use Policy or these Terms and Conditions.

We are not responsible for and accept no liability for any User Content, including content that contains incorrect, defamatory, or misleading information. We accept no obligation to screen, edit, or monitor User Content but reserve the right to do so at any time without notice.

If you wish to report User Content uploaded by other users, please contact us at support@phunplan.com or use the Report button available within the Phunplan app.

Unless otherwise indicated, the App and Services — including source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics ("Our Content") — are owned by or licensed to Phunlife Technologies Ltd and are protected by applicable copyright, trademark, and intellectual property laws.

Except as expressly provided in these Terms, no part of the App, Services, or Our Content may be copied, reproduced, republished, uploaded, publicly displayed, encoded, translated, distributed, sold, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the App, you are granted a limited, revocable, non-exclusive, non-transferable licence to access and use the App and Our Content solely for your personal, non-commercial use.

You shall not (a) attempt to gain unauthorised access to the App, its servers, or any connected networks; or (b) make any modifications, adaptations, or enhancements to the App or Our Content, including digital copies you may have downloaded, for any purpose.

We shall prepare the App and Our Content with reasonable skill and care, and use industry-standard security measures to protect the integrity of the platform.

Content on the App is provided for general information only. It is not intended to constitute professional advice of any kind. You should obtain appropriate specialist advice before acting on any information found on the App.

Although we make reasonable efforts to keep information on the App accurate and up to date, we make no representations, warranties, or guarantees — express or implied — that Our Content is accurate, complete, or current at all times.

The App may contain links to websites or applications operated by third parties. We do not have control over any such third-party websites or applications and are not responsible for their content, availability, or practices. The inclusion of any link does not imply endorsement by Phunplan.

We accept no responsibility for content or advertisements contained within the App or within third-party services accessible through it. If you choose to transact with any third party, you do so at your own risk and the third party is solely responsible for any goods or services provided.

We reserve the right at our sole discretion to: (1) monitor the App for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms; (3) refuse, restrict access to, or disable any of your contributions; (4) remove from the App any content that is excessive in size or burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and ensure the proper functioning of the platform and Services.

We do not guarantee that the App will be secure or entirely free from bugs or malware. You are responsible for keeping your device secure and updated when using the App.

We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services at any time without notice.

We cannot guarantee that the App and Services will be available at all times. We may experience hardware, software, or other issues that result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance.

There may be information on the App that contains typographical errors, inaccuracies, or omissions relating to activities, pricing, availability, or other details. We reserve the right to correct any such errors and update information at any time without prior notice.

The App and Services are provided on an "as-is" and "as-available" basis. Your use of the App and/or Services is at your sole risk. All warranties, terms, conditions, and undertakings — express or implied (including by statute, custom, or common law) — in connection with the App and Services are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the App's content and are not liable for any: (1) errors or omissions in content; (2) unauthorised access to or use of our servers and/or any personal or financial information stored thereon; (3) interruption or cessation of transmission to or from the App; or (4) bugs, viruses, or other harmful code transmitted through the App by any third party.

To the maximum extent permitted by applicable Nigerian law, Phunlife Technologies Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses resulting from: (a) your access to or use of, or inability to access or use, the App or Services; (b) any conduct or content of any third party on the App; or (c) any activity booked through the platform that does not meet your expectations, unless caused by our direct negligence or wilful misconduct.

Phunplan acts as a marketplace facilitating connections between users and independent activity providers. We are not responsible for the acts or omissions of third-party activity providers listed on the platform.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

These Terms and Conditions shall remain in full force and effect while you use the App or Services. You may terminate your account at any time by navigating to Profile → Delete Account within the Phunplan app, or by contacting us at support@phunplan.com.

Without limiting any other provision of these Terms, we reserve the right — at our sole discretion and without notice or liability — to deny access to the App and Services, including blocking certain IP addresses, to any person for any reason, including breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

If we terminate or suspend your account, 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. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

If you access the Services via the Phunplan mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless electronic devices owned or controlled by you, strictly in accordance with these Terms and Conditions.

The following terms apply when you use a mobile application obtained from the Apple App Store or Google Play (each an "App Distributor"):

• The licence granted to you is limited to a non-transferable licence to use the application on a device running Apple iOS or Android, in accordance with the applicable App Distributor's terms of service.
• We are responsible for providing maintenance and support services for the mobile application as specified in these Terms and Conditions. Each App Distributor has no obligation to furnish any maintenance or support services.
• In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the App Distributor. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation with respect to the mobile application.
• You represent and warrant that you are not located in a country subject to embargo, and are not listed on any government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the mobile application.
• You acknowledge that the App Distributors are third-party beneficiaries of these Terms and Conditions and have the right to enforce these Terms against you as such.

Using the App, sending us emails, and completing online forms or bookings constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing.

These Terms and Conditions, together with our Privacy Policy and Cancellation Policy, constitute the entire agreement and understanding between you and Phunlife Technologies Ltd with respect to your use of the App and Services.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time without restriction.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstance beyond our reasonable control, including but not limited to acts of God, telecommunication failures, or government actions.

If any provision or part of a provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and Phunlife Technologies Ltd as a result of these Terms and Conditions or your use of the App or Services.

Phunplan and Phunlife Technologies Ltd are trade names and marks of Phunlife Technologies Ltd. You are not permitted to use them without our express prior written approval.

These Terms and Conditions are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Rivers State, Nigeria.