Terms of Use

1.About these Terms

These Terms of Use (“Terms”) are a legal agreement between you and Xofar (“Xofar”, “we”, “us” or “our”) operated by LedgeFi Technologies Limited, a company incorporated under the laws of the Federal Republic of Nigeria. They govern your use of the Xofar website, mobile applications, APIs and other services made available by Xofar (together, the “Platform”). The Platform enables users to search for, access, purchase, book and pay for travel and travel-related services made available by Xofar and/or third-party suppliers and partners, depending on the service. By using the Platform, you agree to be bound by these Terms and the other policies that apply to your use of the Platform.

2.Accepting these Terms

Xofar and TransferXO

Xofar is part of the TransferXO ecosystem. When you create an Xofar account, a corresponding TransferXO account is automatically created for you. Your use of Xofar may therefore also be subject to applicable TransferXO terms and policies relating to services provided through the TransferXO ecosystem.

Acceptance of these Terms

By creating an account, making a booking or otherwise using Xofar, you confirm that you have read, understood and accepted these Terms, together with any other policies or terms expressly incorporated into them. These may include our:

• Privacy Policy;
• Cookie Policy;
• Acceptable Use Policy; and
• Refund and Cancellation Policy, once applicable to the relevant service or transaction.

If you do not agree to these Terms, you must not use the Platform. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Platform and purchase or book services through Xofar. If you make a booking on behalf of another traveller, you confirm that:

• you have the authority to do so;
• the information you provide about that traveller is accurate;
• you have made the applicable terms and privacy information available to the traveller; and
• you accept responsibility for the booking and payment made on their behalf.

3.Your account

When creating and using an Xofar account, you must:

• provide accurate, complete and current information;
• keep your account information up to date;
• keep your login credentials confidential;
• notify us promptly at [email protected] if you suspect unauthorized access to your account;
• not create an account using another person’s identity;
• not create or operate multiple accounts for the purpose of abusing promotions, rewards or other Platform features; and
• not use your account for unlawful, fraudulent or abusive activities.

You must not share, sell, transfer or otherwise provide access to your Xofar account to another person without our permission. You are responsible for activity carried out through your account, except to the extent that the activity resulted from unauthorized access that was not caused by your failure to take reasonable steps to protect your account.

We may ask you to verify your identity before processing certain transactions, releasing a booking, processing a refund, restoring account access or providing particular services.

4.Our role: what Xofar does and does not do

Xofar operates and provides the technology platform through which users can search for, request, book and pay for travel-related services made available by third-party suppliers and partners. These suppliers and partners may include airlines, hotels, ground transport providers, car hire companies, tour operators, insurers, visa processing partners and their authorized distributors. Unless expressly stated otherwise for a particular service, Xofar acts as a facilitator or intermediary between you and the relevant supplier.

Depending on the service, Xofar may act as the service provider, facilitator, intermediary, reseller, agent or booking platform. Where a service is provided by a third-party supplier, that supplier may be responsible for delivering the underlying service, and its applicable terms and conditions may also apply.

What we are responsible for

• accurately transmitting your booking or service request to the relevant supplier, subject to the information you provide and the availability of the supplier’s systems;
• presenting applicable supplier prices and material terms and conditions made available to us at the point of booking;
• providing booking confirmations, tickets, vouchers or booking references where these are issued or made available by the relevant supplier;
• processing or facilitating payments through the payment arrangements made available on the Platform;
• providing reasonable customer support in relation to your use of the Platform; and
• where appropriate, assisting you in communicating with the relevant supplier regarding a booking or service issue.

What we are not responsible for

Except where we are legally responsible or have expressly assumed responsibility for a particular matter, Xofar is not responsible for:

• the underlying travel service or the acts or omissions of the relevant supplier, except to the extent Xofar has assumed responsibility for that service or is otherwise legally responsible;
• delays, cancellations, schedule changes, overbooking, downgrades, lost baggage or the quality, safety or performance of a third-party travel service;
• a supplier failing to provide a confirmed service, ceasing to trade, becoming insolvent or otherwise failing to honor its obligations;
• photographs, descriptions, star ratings, amenity information and reviews supplied by third parties, except where Xofar has independently created or materially altered the relevant information; or
• the decision of an airline, immigration authority, embassy, consulate or other governmental or regulatory authority to refuse boarding, entry, a visa or other travel authorization.

Nothing in this section excludes or limits any liability or obligation that Xofar cannot lawfully exclude or limit.

5.Searches, prices and fees

Prices displayed on the Platform are generally supplied by third-party suppliers or their authorized distributors and may change frequently. A price displayed in a search result is an indication of the price and availability at the time of the search. It does not constitute a binding offer and is not guaranteed until the applicable booking has been successfully confirmed.

Unless otherwise stated at the point of booking:

• where applicable, the total price displayed before payment will include the applicable fare or rate, taxes, supplier charges and any Xofar service fee included in the transaction;
• certain charges may be payable directly to the supplier, including baggage fees, seat selection charges, resort or tourism taxes, security deposits, fuel charges or insurance excesses for car hire;
• where information about additional charges is provided to us by a supplier, we will endeavor to display that information before you complete the booking;
• where payment is made in a currency different from the supplier's currency, the applicable conversion rate will be the rate displayed at checkout or otherwise communicated to you; and
• your bank, card issuer or payment provider may impose additional fees or charges that are outside Xofar’s control.

Any Xofar service fee applicable to your transaction will be disclosed before payment.

6.Making a booking

A booking generally follows these steps:

1. 1You select the travel service, provide the required traveller details and review the applicable supplier terms, fare rules or booking conditions.
2. 2You submit your booking and make payment, or authorize the applicable payment method, as required.
3. 3Xofar transmits the booking request to the relevant supplier or booking provider.
4. 4The supplier or booking provider processes the request and confirms whether the requested service is available.
5. 5Where the booking is successfully confirmed, Xofar provides you with the applicable confirmation, ticket, voucher or booking reference.

For certain services, including some flight bookings, payment or a booking request may create a reservation or booking record but may not constitute final ticket issuance. Where ticket issuance or another additional fulfillment step is required, the booking will be considered fully fulfilled only when the applicable ticket, voucher or other confirmation has been issued.

Occasionally, a supplier may be unable to confirm a booking after a payment has been made because availability or pricing changed before the booking could be completed. If this occurs, we will notify you and, where applicable, provide the options available under the supplier's terms. These may include an alternative booking or a refund.

Name accuracy

Traveller names and other identifying information must be entered accurately and, where applicable, must correspond with the traveller's passport or other valid travel document. Incorrect names or traveller details may result in additional charges, cancellation, inability to amend the booking or refusal of boarding. Xofar is not responsible for consequences arising from inaccurate or incomplete information supplied by you, except where the error was caused by Xofar.

7.Payment

We accept the payment methods displayed on the Platform at the time of booking. Payments may be processed through licensed or authorized payment service providers and other payment partners. You authorize Xofar and the applicable payment provider or service partner to process the payment method you provide for the relevant transaction.

Xofar may hold, delay, decline or cancel a transaction where reasonably necessary to:

• conduct fraud or security checks;
• comply with applicable sanctions, anti-money laundering or regulatory requirements;
• investigate suspicious activity;
• comply with a payment provider's requirements; or
• protect Xofar, its users, suppliers or payment partners from fraud or financial loss.

You must be the cardholder or have the cardholder's express permission to use the relevant payment method. If a payment is reversed, charged back, rejected or otherwise fails after a booking or ticket has been issued, Xofar may take reasonable steps to recover the outstanding amount and, where permitted, cancel or suspend the affected booking.

8.Your responsibilities before you travel

You are responsible for ensuring that you satisfy the requirements applicable to your journey. These include:

• having a valid passport or other required travel document;
• checking passport validity requirements for your destination and transit countries;
• obtaining the visas, permits or other travel authorizations required for your nationality and itinerary;
• checking applicable health, vaccination and entry requirements;
• complying with airline check-in requirements and recommended airport arrival times;
• obtaining appropriate travel insurance where you consider it necessary; and
• complying with the laws, regulations and customs of the countries you visit or transit through.

Travel requirements displayed on the Platform are provided for general information and may not always reflect the most recent requirements. You should verify applicable requirements with the relevant airline, embassy, consulate, immigration authority or other official authority. If you are refused travel or entry because you did not satisfy an applicable requirement, any refund or other remedy will depend on the applicable supplier terms, the terms of your booking and applicable law.

9.Changes, cancellations and refunds

Whether a booking can be changed, cancelled or refunded, and any charges that apply, will generally depend on the supplier's applicable fare rules, booking conditions and the terms disclosed to you before or at the time of booking.

Where a separate Xofar Refund and Cancellation Policy applies to a booking or transaction, that policy will govern the applicable refund and cancellation process. If there is any inconsistency between that policy and these Terms, the Refund and Cancellation Policy will apply to the extent of the inconsistency.

If a supplier changes or cancels your booking, Xofar will notify you when we receive the relevant information and, where applicable, communicate the options made available by the supplier.

Depending on the circumstances, these options may include:

• rebooking;
• a Xofar Travel Voucher;
• a credit to your TransferXO Wallet, where eligible;
• another remedy offered by the supplier; or
• another option required or permitted under applicable law.

Where applicable law provides you with rights in relation to a supplier, airline, travel agent, tour operator or other service provider, nothing in these Terms is intended to exclude or limit those rights.

10.Visa assistance

Where Xofar offers visa assistance, the service is administrative and/or advisory in nature.

Xofar does not make visa decisions and cannot guarantee that an application will be approved. Only the relevant embassy, consulate, immigration authority or other competent governmental authority can determine whether a visa or travel authorisation will be granted. Any Xofar visa assistance fee is a fee for the services provided by Xofar and does not constitute a payment for the granting of a visa.

Unless otherwise stated or required by applicable law, fees for work already performed may not be refundable solely because a visa application is refused. Government, embassy, biometric, courier and other third-party charges may be payable separately and may be non-refundable once paid.

You are responsible for ensuring that all documents and information you provide are accurate, complete and authentic. You must not provide false, altered, misleading or fraudulent documents or information. Where we reasonably suspect fraud, document falsification or unlawful conduct, we may refuse to provide the service, suspend or terminate your account and report the matter where required or permitted by law.

Processing times provided by Xofar or a third party are estimates only. You should not make non-refundable travel arrangements solely on the assumption that a visa application will be approved within a particular period.

11.Travel insurance

Where Xofar offers travel insurance, Xofar may act as an introducer or intermediary for a licensed insurer, broker or other authorized insurance provider, as applicable. The insurance contract is between you and the relevant insurer or insurance provider. Coverage, exclusions, excesses, limits and claims procedures are governed by the applicable insurance policy and related documents.

You should review the policy documents carefully before purchasing insurance. Claims must be made in accordance with the applicable policy and directed to the relevant insurer or claims administrator unless otherwise stated. Insurance services provided in Nigeria are subject to applicable Nigerian insurance laws and regulatory requirements.

12.Tour packages and multi-service bookings

Where you book a package or combination of travel services supplied or arranged by a third-party tour operator or other supplier, the relevant supplier or operator identified in your booking confirmation is responsible for providing the package in accordance with its applicable terms.

Itineraries or services may change because of weather, safety considerations, local restrictions, operational requirements, minimum group numbers or other circumstances. The applicable supplier or operator's terms will govern changes, cancellations and remedies relating to the package, subject to applicable law.

Where Xofar itself assumes responsibility for arranging or supplying a package, the terms applicable to that service will be disclosed to you before booking.

13.Business, agency and API users

If you use Xofar to make bookings on behalf of a business, organization or other person, or access Xofar inventory or services through an API, integration or partner tool, additional business, partner or API terms may apply. Where applicable, those additional terms will govern the relevant business relationship and will take priority over these Terms to the extent of any inconsistency relating specifically to the business, partner or API service. Booking on behalf of another person for commercial resale without the required authorization or partner arrangement is not permitted.

14.Promotions, vouchers and rewards

Promotional codes, vouchers and rewards are subject to the conditions communicated at the time they are issued. Unless otherwise stated:

• they are valid only for the specified period and qualifying products or services;
• they cannot be exchanged for cash;
• they cannot be combined with other promotions unless expressly permitted;
• any applicable restrictions or minimum requirements must be satisfied; and
• we may withdraw or modify a promotion, where reasonably necessary, subject to applicable law.

Where a discounted booking is later cancelled or refunded, the amount of any refund will be determined by the applicable booking and cancellation terms. We may cancel or reverse promotional benefits or rewards obtained through fraud, duplicate accounts, automated activity, manipulation or other abuse.

15.Reviews and content you post

If you submit a review, photograph, question or other content to Xofar, you retain ownership of that content. You grant Xofar a worldwide, royalty-free, non-exclusive licence to use, reproduce, display, publish, distribute and adapt that content in connection with operating, promoting and improving the Platform.

You confirm that:

• you own the content or have the necessary rights to submit it;
• the content is accurate to the best of your knowledge;
• the content does not infringe another person's rights;
• the content is not unlawful, fraudulent, abusive, defamatory or misleading; and
• you have not submitted the content in exchange for an undisclosed payment or benefit.

We may decline to publish or may remove content that we reasonably consider to be false, abusive, unlawful, misleading, inappropriate or unrelated to a genuine experience.

16.Acceptable use

You must use the Platform lawfully, responsibly and in accordance with these Terms. You must not use the Platform to:

• scrape, crawl, harvest or otherwise extract data from the Platform without our written permission;
• make automated, bulk, speculative, fraudulent or duplicate bookings or place unreasonable demands on our systems or suppliers;
• bypass rate limits, access controls, CAPTCHAs or other technical restrictions;
• attempt to gain unauthorized access to the Platform, another user’s account, booking or data;
• introduce malware, malicious code or other harmful material;
• interfere with the operation, security or availability of the Platform;
• impersonate Xofar, a supplier or another person;
• use another person’s payment method without authorization;
• use the Platform for fraud, money laundering, sanctions evasion or any other unlawful purpose; or
• otherwise misuse the Platform in a manner that may harm Xofar, our users, suppliers or partners.

A breach of this section may result in the suspension or closure of your account, cancellation of affected bookings, withdrawal of promotional benefits or other action permitted under these Terms or applicable law.

17.Intellectual property

The Xofar name and logo, the Platform, software, user interface, design, text, graphics, databases and other materials made available by or through Xofar are owned by Xofar or the applicable rights holder, or are used by Xofar under a licence or other lawful right of use. All such intellectual property is protected by applicable intellectual property laws.

Nothing in these Terms transfers or assigns to you any ownership or proprietary interest in Xofar's intellectual property or in any third-party intellectual property made available through the Platform. Subject to these Terms, you may use the Platform and its content only for lawful personal purposes or other authorized business purposes.

You must not, except where expressly permitted by applicable law or with our prior written permission:

• copy, reproduce, modify or create derivative works from the Platform or its content;
• distribute, publish, sell, licence, lease or commercially exploit the Platform or its content;
• reverse engineer, decompile or disassemble the Platform;
• remove or alter any copyright, trademark or other proprietary notices; or
• use Xofar’s intellectual property in a manner that suggests an unauthorised association, endorsement or partnership.

Supplier names, logos, trademarks and other intellectual property remain the property of their respective owners.

18.Limitation of liability

Our responsibility

We will provide the Xofar Platform and the services we directly provide with reasonable care and skill. Where Xofar is responsible for a failure in a service directly provided by us, we will take reasonable steps to correct the issue and, where appropriate, provide the remedy available under these Terms or applicable law.

Many of the travel services available through Xofar, including flights, accommodation, transfers, car hire, tours, travel insurance and visa assistance, are provided or fulfilled by independent third-party suppliers. Those suppliers are responsible for the services they provide, including their availability, quality, schedules, cancellations and fulfilment.

Third-party travel services

When you make a booking through Xofar, the relevant supplier’s terms and conditions may also apply to that booking. These terms may include conditions relating to fares, availability, cancellations, changes, refunds, baggage, check-in and travel documentation. Where an issue arises from a service provided directly by a third-party supplier, you may have rights or remedies against that supplier in addition to any rights you may have against Xofar.

Losses for which we are responsible

Subject to applicable law, Xofar will be responsible for direct losses that are reasonably foreseeable and directly caused by (a) our breach of these Terms, or (b) our failure to exercise reasonable care and skill in providing a service that is directly under our control. We will not be responsible for a loss to the extent that it was caused or contributed to by your own actions, omissions, inaccurate information, failure to comply with applicable requirements, or failure to take reasonable steps to minimise the loss.

Matters outside our reasonable control

We will not be responsible for any failure, delay, loss or disruption to the extent that it results from circumstances outside our reasonable control, including:

• acts or omissions of airlines, hotels, transport providers, tour operators, insurers, visa processing providers, payment providers or other independent suppliers;
• flight delays, cancellations, schedule changes, overbooking or other operational decisions made by airlines or other suppliers;
• strikes, industrial action, natural disasters, epidemics, pandemics, war, civil unrest, terrorism, governmental action, regulatory restrictions or changes in law;
• failures of telecommunications networks, internet services, payment systems, public infrastructure or other systems outside our reasonable control;
• information, instructions or documents supplied by you that are inaccurate, incomplete or misleading; or
• your failure to comply with applicable passport, visa, immigration, health, customs or other travel requirements.

Types of loss we do not cover

To the extent permitted by applicable law, Xofar will not be liable for indirect or consequential losses, or for losses such as loss of profit or revenue; loss of business or business opportunity; loss of anticipated savings; loss of goodwill or reputation; or loss that was not reasonably foreseeable at the time you entered into the relevant agreement with us. This does not limit any liability that cannot lawfully be excluded or limited under applicable Nigerian law.

Liability we cannot exclude

Nothing in these Terms excludes, restricts or limits any liability or right that cannot lawfully be excluded or limited under applicable Nigerian law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any mandatory rights and remedies available to consumers.

Your rights against suppliers

Nothing in these Terms prevents you from exercising any rights or remedies you may have directly against an airline, hotel, transport provider, insurer or other relevant supplier. Where a supplier is responsible for a particular service or decision, you may need to pursue the relevant remedy directly with that supplier, and Xofar will provide reasonable assistance where appropriate.

19.Your liability to us

You are responsible for losses, costs or claims reasonably incurred by Xofar to the extent directly caused by:

• your material breach of these Terms;
• fraud or deliberate misconduct by you;
• your unlawful use of the Platform;
• your provision of false or materially misleading information; or
• your unauthorised use of another person's payment method or account.

Nothing in this section requires you to compensate Xofar for losses caused by Xofar’s own negligence, fraud, wilful misconduct or breach of these Terms, to the extent prohibited by applicable law.

20.Suspension and closure of accounts

We may suspend or close an account, cancel a booking or refuse access to the Platform where we reasonably believe that:

• fraud or attempted fraud has occurred;
• there is a pattern of payment or chargeback abuse;
• these Terms or the Acceptable Use Policy have been breached;
• continued access would create a legal, regulatory, security or financial risk;
• we are required to do so by law or a competent authority; or
• the account presents a material risk to other users, suppliers, payment providers or Xofar.

Where legally permitted and reasonably practicable, we will notify you of the reason for the action and provide an opportunity to respond. You may close your account at any time through the available account settings or by contacting [email protected]. Closing your account does not automatically cancel existing bookings or terminate obligations that have already arisen.

21.Complaints and regulatory rights

If something goes wrong, please contact us first so that we have an opportunity to investigate and resolve the matter.

1. 1Email [email protected] with your booking reference and details of the issue. We aim to acknowledge complaints promptly and, where reasonably practicable, provide a substantive response within 15 working days.
2. 2If the matter cannot be resolved immediately, we will investigate and, where reasonably practicable, provide a substantive written response within 15 working days. This period may be extended where the complaint requires information or action from a supplier or other third party.
3. 3If you remain dissatisfied following our response, you may write to [email protected] for a final internal review by a senior manager.

Nothing in these Terms limits or excludes any rights, remedies or protections available to you under applicable Nigerian law. You may also make a complaint to any relevant regulatory or consumer protection authority where you are entitled to do so by law. Depending on the nature of your complaint, this may include the Federal Competition and Consumer Protection Commission (FCCPC), the Nigeria Civil Aviation Authority (NCAA), or the Nigeria Data Protection Commission (NDPC).

22.Changes to these Terms

We may update these Terms from time to time to reflect changes to our services, technology, business arrangements or applicable law. Where we make changes, we will publish the updated Terms on the Platform and update the effective date. Where a change is material, we will provide reasonable notice through the Platform, by email or through another appropriate communication method, where required by applicable law.

Unless otherwise required by law, changes to these Terms will apply from their stated effective date. The terms applicable to a particular booking or transaction will generally be those communicated to you at the time of that booking or transaction.

23.Governing law

These Terms and any dispute arising from or relating to them are governed by the laws of the Federal Republic of Nigeria. Subject to applicable law, the courts of Lagos State shall have jurisdiction over disputes arising from these Terms. If you are a consumer resident outside Nigeria, nothing in this section is intended to remove any protection or mandatory rights available to you under the laws of your country of residence where those rights cannot lawfully be excluded.

24.General

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in full force and effect. If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

We may transfer our rights and obligations under these Terms to another entity within our corporate group or to a successor in connection with a merger, restructuring, sale or transfer of the relevant business, subject to applicable law. You may not transfer your rights or obligations under these Terms without our prior written consent, unless applicable law permits otherwise.

Where different terms apply to a particular service or transaction, those terms will apply to that service or transaction to the extent of any inconsistency with these Terms. Mandatory applicable law will prevail over these Terms and any other applicable terms. We will send notices to the email address associated with your account where email notification is appropriate.

These Terms, together with any policies, service-specific terms and transaction-specific terms expressly incorporated into them, form the agreement between you and Xofar in relation to your use of the Platform and the applicable services. Notices to Xofar should be sent to [email protected] unless another contact is specified for the relevant matter.

25.Contact