Terms and conditions

INTRODUCTION 

Welcome to The Emorzip, your go-to online real estate classified marketplace. By accessing or using our services, applications, and tools (hereinafter referred to as the “Services”), you agree to comply with and be bound by these Terms of Use (“Terms”),in conjunction with our Privacy Policy and any supplementary policies or agreements herein incorporated by reference. Should any portion of these Terms be objectionable to you, abstain from accessing or utilizing our Services. 

Account

A ‘Unique Account’ created for you, which allows you access our service or parts of our service. 

Country 

Refers to Nigeria 

Obligation 

Duty, responsibility, or commitment that the user is required or expected to do while interacting with the website to comply with its rules and regulations.

Personal Data

Any information that relates to an identified or identifiable individual. 

Platform

The Emorzip, https://emorzip.com/ 

Service

Denotes the online platform, including but not limited to the website and all services provided therein.

Submitters

Individuals or entities who provide content, data, or information to the website.

User

An individual who interacts with the website and/or creates an account which allows for authentication, customization, and access to exclusive content or features. 

Utilize

Any user who makes use of or employs any feature of the website.

You 

The User 

We/Our

The Emorzip team, responsible for creating, managing, and maintaining the content, products, or services offered on the website.

 

USE OF SERVICES 

Eligibility Clause: By accessing or utilizing our Services, you affirm and guarantee that you are either at least 18 years old or are accessing the Services under the direct supervision and consent of a parent or legal guardian. Furthermore, you acknowledge and agree to abide by this age requirement and any additional eligibility criteria delineated by us. 

Account Registration: In order to access certain features of our Services, registration of an account may be required. You, as the account holder, bear sole responsibility for safeguarding the confidentiality of your

account information. Furthermore, you are accountable for all actions undertaken through your account, whether by yourself or by any party. 

User Conduct: By accessing and utilizing our Services, you hereby affirm your commitment to adhere to all applicable laws and regulations, as well as to the stipulations outlined in these Terms. Any and all activities deemed unlawful, including but not limited to the dissemination of illicit content, harassment of individuals or entities, unsolicited mass messaging, and any actions that impede the normal operation of the Services, are strictly prohibited. 

Intellectual Property Rights: The entirety of the content and features available on our Services, encompassing but not limited to text, graphics, logos, and software, are the sole and exclusive property of The Emorzip or its licensors. Through your utilization of our Services, you are hereby granted a restricted license, non-exclusive in nature, designated solely for personal and non-commercial purposes. Any other usage, including but not limited to reproduction, distribution, or modification, is expressly prohibited without prior written consent from The Emorzip or its authorized representatives. 

User Content: Users, herein referred to as “Submitters,” have the liberty to submit content, including but not limited to photographs, comments, and listings, hereinafter collectively referred to as “User Content.” While Submitters retain full rights and ownership of their respective User Content, by submitting said User Content on The Emorzip platform, Submitters hereby grant The Emorzip and its affiliates a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, distribute, publicly display, and create derivative works of the User Content in connection with the operation and promotion of The Emorzip platform and related marketing activities. This license encompasses but is not limited to the display of User Content across all The Emorzip services and in any promotional materials associated with The Emorzip. Submitters acknowledge and agree that this license does not alter or affect their ownership rights in their User Content, and they continue to retain full responsibility for the content they submit. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

The services (“Services”) provided by Emorzip (“Provider”) are offered on an “as is” basis without any warranties, whether express or implied. Provider disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

In no event shall Provider be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Services, whether based on contract, tort, strict liability, or any other legal theory, even if Provider has been advised of the possibility of such damages.

Provider does not warrant the accuracy, completeness, or usefulness of any information provided through the Services. Any reliance you place on such information is strictly at your own risk. Provider shall not be responsible or liable for any loss or damage incurred as a result of reliance on such information. 

These disclaimers and limitations of liability apply to the fullest extent permitted by law. If any provision of these disclaimers and limitations of liability is found to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect. 

By using the Services, you agree to these disclaimers and limitations of liability. If you do not agree with any part of these terms, you must not use the Services. 

NOTICE TO PURCHASERS: 

BE IT KNOWN THAT THE BURDEN OF VERIFICATION RESTS WITH THE PURCHASER. IT IS STRONGLY ADVISED THAT PRIOR TO ANY PAYMENT, THE PROPERTIES IN QUESTION BE THOROUGHLY INSPECTED. REQUEST THE SELLER TO FURNISH DOCUMENTATION ATTESTING TO THE COMPLIANCE OF SAID PROPERTIES WITH ALL PERTINENT LEGAL STIPULATIONS, REGULATIONS, STATUTES, GUIDELINES, AND INDUSTRY STANDARDS. 

BY ENGAGING IN ANY TRANSACTION, YOU HEREBY AFFIRM THAT YOU BEAR SOLE LIABILITY FOR YOUR OWN PERSONAL SAFETY. IT IS IMPERATIVE THAT MEETINGS WITH OTHER PARTIES BE CONDUCTED IN SECURE, PUBLIC LOCATIONS DURING DAYTIME HOURS. 

YOU ARE RESPONSIBLE FOR UNDERTAKING DUE DILIGENCE REGARDING ANY INDIVIDUAL OR ENTITY REQUESTING A TRANSACTION MEETING. THE ADMINISTRATOR DISCLAIMS ALL LIABILITY FOR USER INTERACTIONS WITH SUCH PARTIES. 

REGISTRATION OF ACCOUNTS: 

We hereby retain the prerogative to suspend or terminate your Account, or your access to the Service, at our discretion, and with or without prior notification to you, should you violate these Terms. Furthermore, you are obligated to promptly inform us of any unauthorized use or suspected unauthorized use of your Account, or any other security breach. It is understood that we shall not be held accountable for any loss or damage resulting from your failure to adhere to the above obligations. 

FEES 

The Platform is generally offered without charge; however, it may incorporate services subject to payment. For example, we may establish constraints on publishing listings within specific categories or present advertising opportunities for listings on the Platform.

  • Registration of more than one Account is prohibited, notwithstanding any utilization of payable services across multiple accounts. 
  • Details regarding the fees associated with payable services and the accepted methods of payment are disclosed within the Platform. 
  • We retain the right, singularly and at our discretion, to modify the fees and accepted payment methods periodically. 
  • Save where explicitly mandated by obligatory provisions of applicable law, fees are non-reimbursable given the inherent nature of online services. 
  • Your remittances for the services are guided by the Billing Policy. 

USER REPRESENTATION AND WARRANTIES 

By accessing and utilizing the Service, you, hereinafter referred to as the “User,” hereby represent and warrant as follows: 

  • Legal Capacity and Compliance: The User affirms possessing the legal capacity to enter into and abide by the Terms of Service governing the use of the platform. 
  • Authorized Representation: In the event of registration as a representative of a legal entity, the User asserts being duly authorized by said entity to enter into contractual agreements with the service provider and other users of the Platform. 
  • Age Requirement: The User declares being at least 18 years of age. 
  • Accuracy of Information: The User acknowledges the obligation to furnish accurate, truthful, and complete information within their Account profile and further agrees to promptly update said information to maintain its accuracy and completeness. 
  • Security Measures: The User undertakes to promptly modify their Account access credentials in the event of suspicion regarding unauthorized disclosure or potential utilization by third parties. Additionally, the User commits to promptly informing the Administrator of any unauthorized access to their Account. 
  • Identity and Location Accuracy: The User pledges not to provide false or misleading information concerning their identity or location within their Account profile. 
  • Compliance with Applicable Laws: The User agrees to utilize the Service strictly in accordance with all applicable laws, regulations, rules, and guidelines. 
  • Prohibited Activities: The User shall refrain from employing the Service for any unlawful or unauthorized purposes, including but not limited to posting listings pertaining to disputed properties or disseminating false, misleading, or deceptive statements. 
  • Interference Prohibition: The User shall not engage in activities aimed at interfering with the normal operation of the Platform, including the use of software or other means to disrupt its functionality. 
  • Respect for User Content: The User agrees not to copy, modify, or distribute any User Content without the explicit consent of the respective user.
  • Privacy Protection: The User shall not engage in the harvesting or collection of information about other users, including email addresses or phone numbers, without their express consent, thereby upholding the privacy rights of individuals. 
  • Malicious Software Prohibition: The User undertakes not to download, store, post, distribute, provide access to, or otherwise utilize worms, viruses, trojans, or any other form of malware through the Service. 
  • Ownership and Authorization: The User represents having legal ownership of items offered for sale within their announcements and further asserts possessing the requisite licenses or authorizations, as mandated by applicable law, to advertise, sell, and distribute the properties described therein. These representations and warranties shall remain in full force and effect for the duration of the User’s utilization of the Service. Violation of any provision herein may result in the suspension or termination of the User’s access to the Service, at the discretion of the service provider. 

INDEMNIFICATION AGREEMENT 

By accessing or using the Platform, you agree to indemnify and hold harmless the Administrator, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives (collectively referred to as “Indemnified Parties”), from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or in connection with: 

  • Your use of the Platform; 
  • Any content or materials you submit, post, transmit, or otherwise make available through the Platform (“User Content”); 
  • Your breach of any representation, warranty, covenant, or obligation set forth in these Terms of Service; 
  • Your violation of any applicable law, industry standard, regulation, guideline, or rule; 
  • Any transaction initiated by you through the Platform or any breach of the terms governing such transactions. 

The Administrator reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with the Administrator’s defence of such claims. 

LIMITATION OF LIABILITY 

This provision governs the liability of The Emorzip, including its affiliates, to you or any third party arising from these terms or your use of the service provided by The Emorzip, including but not limited to any third-party advertisements displayed through the Service. 

In no event shall we or our affiliates be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or your use of, or inability to use the Service, or third-party advertisements, even if we have been advised of the possibility of such damages.

Your access to and use of the Service, including third-party advertisements, are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom. 

Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of [Your Company Name] to you for any and all claims arising from the use of the Service, including the content of announcements, is limited to the lesser of the amounts you have paid, if any, to us during the six (6) month period before any cause of action arising or N6,000 ( Six Thousand Nigerian Naira). 

MODIFICATION OF TERMS 

The Emorzip hereby reserves the unequivocal right to amend, alter, or revise these Terms of Service at its sole discretion, without prior notice. Such modifications shall be effectively communicated through our website or any other medium deemed suitable by The Emorzip. Your continued utilization of our Services subsequent to the implementation of any such alterations shall unequivocally signify your unreserved acceptance of the amended Terms. 

JURISDICTION AND APPLICABLE LAW 

The terms and conditions herein shall be interpreted and enforced in accordance with the laws of the Republic of Nigeria, wherein Emorzip conducts its operations, irrespective of any conflict of law provisions. 

CONTACT INFORMATION FOR INQUIRIES ON TERMS OF USE: 

Should you have any inquiries or concerns regarding these Terms of Use, please direct them to the following email address: support@emorzip.com. We are committed to addressing any questions or concerns promptly and effectively.

26 June, 2024

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