GENERAL TERMS OF USE OF ESTATE BOOKS REAL ESTATE MANAGEMENT APPLICATION
Estate Book Real Estate Management Application Limited (“Estate Books” “Company” “We” “Us”) operates a platform which includes a mobile and desktop application and a website (“Application” “Website” “Platform” “Online Service”) for the purpose of property management, listings, community management and property rentals relationship management service to our users (You, Your, User, Subscriber).
This Terms of Use (“Terms”), shall govern your access to and use of this Application(“App” “Platform”), including all pages, images, illustrations, designs, photographs, video clips, text, icons, designs written information, and other materials that appear on this app. Please read these Terms carefully. By accessing the app and/or using the online services, you agree to be bound by the following Terms. If you do not accept any of these Terms, you must immediately discontinue your access to this app and/or use of the online services.
By using our app and/or online services, you accept these Terms in full.
LICENSE TO USE THE APPLICATION
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We grant you a non-assignable, non-exclusive and revocable license to use this platform. This license grant includes all updates, upgrades, new versions and replacement made to the platform. All right, title and interest in and to this platform are and will remain the exclusive property of the Company. Failure to comply with the terms results in your liability for any resulting damage suffered by you and/or other affected parties.
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Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary, and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.
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We may, from time to time, with/without giving reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the App and/or online services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the App and/or online services.
SERVICES & USAGE
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Estate Books is not a real estate agency. We provide a platform for property owners to list, publish and manage properties and visitors, and tenants and/or other users to search for and lease or purchase property. The Application also provides a subscription-based visitor/staff registry service.
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Users will be required to submit verifiable and recent means of identification and other required documentation. Refusal or failure to provide the same would bar usage of the Application.
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Users on the App may fall into either or more of the following categories and shall have obligations specific to each category as well as the general obligations as set forth in this Terms.
- Property Owner - Users in this category may list properties duly and certifiably owned and engage the services of legal professionals.
- Tenants - Users in this category may search for property using available filters, rent, lease or purchase properties.
- Community Managers - Users in this category may use invoicing and payment features to track and manage community engagement.
- Legal Practitioners - Users in this category may create and share real estate document archives.
USER WARRANTIES
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You warrant that:
- You shall comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of this app and/or online services, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the App.
- You are of legal age and capacity to enter into contracts and agreements of the nature typical to transactions carried out on this Application, under applicable law.
- If the app and/or online service is used in the course of business or on behalf of an organization, the necessary authority was obtained to agree to these terms with us and agree that you, your company, your business or employer are bound by the terms.
- The information you provided during registration of your account is true and accurate and will be updated in a timely fashion if a change occurs.
- The application will not be used by you for any illegal, indecent, harmful or unauthorized purpose.
- You have legal title and authority to post listings and transact on the platform.
- You will not alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from this app.
- You will conduct all required due diligence before proceeding to make payments for a transaction.
- By completing this transaction, you warrant that you have taken all precautionary measures including but not limited to ensuring that:
- The property exists as listed
- The property is available for rental as listed
- The published owner is the right owner/authorized person to grant the rental
- The property description is accurate.
FEES AND BILLING
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User signup on the Application shall be at no cost.
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Property owners may list and publish properties on the Platform at no cost, however, the use of the Boost Listing service which promotes listings above free offers to reach more prospective clients shall be at a fee determined by the Application.
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Platform fees may be charged on certain services, the details of which include:
- Property owners will be required to pay legal fees and platform fees, as applicable, for access to and usage of a Legal Practitioner's archived documents such as Quit Notices and/or similar documents, and for the engagement of Legal Practitioners when requested.
- Tenants shall be responsible for the payment of legal and platform commission fees associated with the preparation of Rental Agreements as well as for access to Legal Practitioner document archives and services on the Application. The fees shall be payable prior to accessing the Rental Agreement and other archived documents.
- Community Managers will be required to pay In-App determined fees for usage of the payments collection portal for community management service as well as for access to Legal Practitioners' document archive on the Application.
- In-App subscription fees apply across all user categories for usage of the staff/visitor registry services.
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Legal Practitioners may create document archives and publish them at no cost. These archives may be subsequently accessed by other Users at a cost determined by the archive owner and stated on the Application.
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All users in the Legal Practitioner category, however, agree that every 3rd (third) paid archive access and document usage shall be payable to the Application as platform fees to support maintenance and usage of the Application. Failure/refusal to agree to this term shall deem the User ineligible to access the App.
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For the avoidance of doubt, all Legal fees payable for the services of a Legal Practitioner or access to his/her document archive are payable to the relevant Legal Practitioner via the Application payment portal, except every 3rd (Third) payment for archive access, which the Legal Practitioner agrees shall be paid as a platform fee.
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We reserve the right to change the fees and accepted payment method, without reason, from time to time.
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The fees and payments made are non-refundable, except expressly stated otherwise.
PRIVACY POLICY
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We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users use the Application, register on the Application, and in connection with other activities, services, features, or resources we make available on our Application. Users may be asked for, as appropriate, their names, physical address, phone number, email address. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain App related activities.
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We will never share your information with any third parties and adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our App.
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We will not sell, trade, or rent your personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
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You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you where you agree. Your agreement shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Nigeria or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
DISCLAIMER NOTICE
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The application provides a platform for property owners to publish properties and manage tenancy relationships. The application is in no way affiliated with the property owners and/or users beyond the provision of the application platform to use. The property descriptions and information stated on the application are for informational and marketing use only.
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The company cannot guarantee the existence, accuracy, quality, or trustworthiness of the information published on the platform and consequently disclaims any warranties whether implied or express, guarantee and/or liabilities arising thereof.
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Nothing in this application shall constitute professional advice, and users are strongly encouraged to conduct due diligence as in conventional property transactions, including but not limited to physical search and documentary verification, to ensure compliance with legal requirements. The company disclaims any responsibility for a user's safety during the due diligence conduct.
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For the avoidance of doubt, your use of this app and/or online services is at your own risk, and you alone will be responsible for any damage that results in loss of data or damage to your computer system. No advice or information, whether oral or written, obtained by you from this app or our contents will create any warranty or condition not expressly stated.
LIMITATION OF LIABILITY
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You agree that the company or any of its employees, directors, officers, agents, suppliers, or third-party service providers will in no way be liable to you or any other person for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages or any damages whatsoever including but not limited to damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption, or any other intangible losses (whether the company has been advised of the possibility of such damages or not) arising out of your use of this application or its contents.
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Furthermore, we emphasize that users should conduct proper due diligence including but not limited to all property displayed on the application and all estate agents or property owners.
INTELLECTUAL PROPERTY
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Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this App (including, but not limited to, all design, text, sound recordings, images, or links) are the property of the Company.
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All trademarks, service marks, and logos used on the App are the property of the Company. No license or right is granted, and your access to the App and/or use of the online services should not be construed as granting any license or right to use any trademarks, service marks, or logos appearing on the App without the prior written consent of the Company.
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We reserve the right to enforce Intellectual Property in the App and/or online services to the fullest extent of the law.
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While all information, text, pictures provided by you on the Application remain your intellectual property, by using the App, you grant the Company the non-exclusive right to copy, adapt, and publish the information for marketing, advertising, and similar purposes.
APPLICATION SECURITY
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Users of our App are strictly prohibited from violating or trying to violate the security features of this App, such as by accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access.
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Users are also prohibited from attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures unless expressly authorized by us in writing.
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Attempting to interfere with service to any user, host, or network, such as by submitting a virus to this App, overloading, "flooding," "spamming," "mail bombing," or "crashing," is strictly prohibited.
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Sending unsolicited email, including promotions and/or advertising of products or services, is prohibited.
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We will investigate occurrences that may involve such violations and will report any users or organizations involved in such violations to law enforcement authorities.
INDEMNITY
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By using the App, you agree to indemnify and hold the Company harmless against all damages, losses, liabilities, expenses, and costs (including legal costs) suffered or incurred by the Company and/or a third party in connection with or arising from your access of the App and/or use of the online services and any breach by you of any provision of these Terms.
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You will indemnify and hold the Company harmless from and against any claim, suit, or proceedings brought against the Company arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the App and online services.
HYPERLINKS
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For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such hyperlinks are not within the control of the Company and do not constitute verification or endorsement of such websites or content. You agree that your access to or use of such linked websites or content is entirely at your own risk and subject to the terms of access and/or use contained therein. The Company will not be liable for any damages suffered by you or any third party from your accessing any such hyperlinks.
GENERAL
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No Waiver: Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
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Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms.
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Third Party Rights: A person or entity who is not a party to these Terms shall have no right to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.
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Termination: In our sole and absolute discretion, we may, with immediate effect upon giving you notice, terminate your use of the App and/or online services. We may bar access to the App and/or online services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to our App and/or online services.
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Breach of Terms: Without prejudice to the Company's other rights under these Terms, if you breach these Terms in any way, the Company may take such action as it deems appropriate to deal with the breach, including suspending your access to the App, prohibiting you from accessing the App or Online service, blocking computers using your IP address from accessing the App or Online Service, contacting your internet service provider to request that they block your access to the App, and/or bringing court proceedings against you.
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Assignment: We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any means, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
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Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the contents of the App or online service if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond our reasonable control.
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Binding & Conclusive: You acknowledge and agree that any records (including records of any telephone conversations or email, relating to our service, if any) maintained by us or our service providers relating to or in connection with the App and online service shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and or data transmitted between us and you. You hereby agree that all records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
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Revision: The terms may be revised from time to time without notice to you. You are advised to check the Terms periodically to understand the terms as they may apply to you.
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Dispute Resolution: If you have any concern or dispute about the App and/or online service, you agree to first contact the Company to try to resolve the dispute amicably.
GOVERNING LAW
The App is controlled and operated in the Federal Republic of Nigeria ("Nigeria"). The use of the App and/or online services and these Terms shall be governed by and construed in accordance with the laws of Nigeria, and you hereby submit to the exclusive jurisdiction of the national and state courts.
ISSUES/CONCERNS
If you have any issues or concerns with these Terms of Use, please contact us at xxx.
