1 Introduction
Welcome to www.investimo.biz, a platform owned by Investimo (U) Ltd. It’s a Website that connects clients/tenants and sellers/ agents/ service providers in the real estate sector. These general terms and conditions apply to all clients, tenants, sellers, agents and other service providers who wish to transact using this Website and shall govern your use of the same and related services. By accessing or using our website, you agree to be bound by these terms andconditions. If you do not agree to these terms and conditions, or any part of thesegeneral terms and conditions, DO NOT USE the Investimo Website and the socialmedia pages linked thereto.
2.Use of Website
You may use our website for lawful purposes only. You agree not to use our websitefor any illegal or unauthorized purpose. If you use our Website in the course of abusiness or other organizational project, then by so doing you: confirmthat you haveobtained the necessary authority and advice to agree to these general terms andconditions; bind both yourself and the person, company or other legal entitythat operates that business or organizational project, to these general terms and conditions; and agree that “you” in these general terms and conditions shall reference boththeindividual user and the relevant person, company or legal entity unless the context
requires otherwise.
3 User Accounts
To use certain features of our website, you may need to register for a user account. You agree to provide accurate and complete information when registering for a user account. You are solely responsible for maintaining the confidentiality of your user account and password, and for all activities that occur under your user account.
4 User Content
You may submit content to our website, including but not limited to property listings, comments, and reviews. You retain all ownership rights in your content, but bysubmitting content to our website (Apps and social media pages), you grant us a non- exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publiclyperform, and otherwise exploit in any manner such content in all formats anddistribution channels now known or hereafter devised (including in connection withthe website and our business and on third-party sites and services), without further
notice to or consent from you, and without the requirement of payment to you or anyother person or entity.
5 Prohibited Conduct
You agree not to: – Use our website in any way that violates any applicable federal, state, local, or
international law or regulation; – Use our website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, askingfor personally identifiable information, or otherwise; – Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our website, or which, as determined by us, may harm us or users of our website or expose them to liability; – Use our website in any way that could disable, overburden, damage, or impair thesite or interfere with any other party’s use of the website, including their abilitytoengage in real-time activities through the website; – Use any robot, spider, or other automatic device, process, or means to access our website for any purpose, including monitoring or copying any of the material onthe website;
6 Intellectual Property
Our website and its entire contents, features, and functionality (including but not
limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by the statutory and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows: – Your computer may temporarily store copies of such materials in RAM incidental toy our accessing and viewing those materials; – You may store files that are automatically cached by your Web browser for display enhancement purposes; – You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end-user license agreement for such applications.
7. Terms and conditions of sale
You acknowledge and agree that: the Website provides an online location for clients
to interact with sellers and/ or agents. A seller/ Agent/ service provider is a party to the transaction between us and the client; and a contract for the sale and purchase of a property or products will come into force between the client and Seller/ Service provider, and accordingly you commit to buying/ selling or renting/ letting the relevant property or products, upon the client’s expression of interest for
purchase/rent via the Website. Subject to these general terms and conditions, the company’s terms of business shall govern the contract for sale and purchase between the client and the seller/ service provider. Notwithstanding this, the following provisions will be incorporated in to the contract of sale and purchase between the client and the company: the price for a property/ product/ service will be as stated in the relevant listing; the price for the property/product/ service must include all taxes and comply with applicable laws in force from time to time; where applicable, delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the client if this is expressly and clearly stated in the listing; properties/ products/ services must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the respective listing and any other description of the properties/ products made available or supplied by our company to the client; and our company warrants that we have good title to, andwe are the sole legal and beneficial owner of, the products, and that the properties/
products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
8 Making Payments
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the Website.
8. 1 Returns and refunds
This shall only apply to tangible and mobile products (such as solar equipment)
offered on the Website. Returns of products by clients and acceptance of returned products by our companyshall be managed by us in accordance with the returns page on the Website, as maybeamended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory. Refunds in respect of returnedproducts shall be managed in accordance with the refunds page on the Website, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, inour
discretion:
(8.1.1) in respect of the product price;
(8.1.2) local and/or international shipping fees (as stated on the refunds page); and
(8.1.3) by way of store credits, wallet refunds, vouchers, mobile money transfer, banktransfers or such other method as we may determine from time to time. (8.1.4) Returned products shall be accepted and refunds issued by the seller.
(8.1.5) Changes to our returns page or refunds page shall be effective in respect of all
purchases made from the date of publication of the change on our website.
9. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. OUR WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND”AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANYPERSONASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATIONWITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUTLIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATEDWITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITSCONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGHTHEWEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OURSITEOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSESOROTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE ORANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEWILLOTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
10. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORSBE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITYTOUSE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENTONTHE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVEDAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAINAND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSSOFPROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OFUSE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSEDBYTORT(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions, are subject to sub section 1; and govern all liabilities arising under these general terms and conditions or relating to the subject
matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent
expressly provided otherwise in these general terms and conditions. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to the seller under the contract. Each separate transaction on the Website shall constitute a separate contract for the purpose of this section. Notwithstanding the above section, we will not be liable to you for any loss or damage of any nature, including in respect of:
(10.1) any losses occasioned by any interruption or dysfunction to the website;
(10.2) any losses arising out of any event or events beyond our reasonable control;
(10.3) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
(10.4) any loss or corruption of any data, database or software; or
(10.5) any special, indirect or consequential loss or damage. (10.6) You accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our
officers and employees).
(10.7) Our Website includes hyperlinks to other websites owned and operated by thirdparties; such hyperlinks are not recommendations. We have no control over thirdparty websites and their contents, and we accept no responsibility for themor for anyloss or damage that may arise from your use of them.
11. Indemnification
You hereby indemnify, defend, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees from and against any claims, and undertake to keep us indemnified, against: any and all losses, damages, costs, liabilities, judgements and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website or any breach by you of any provision of these general terms and conditions or the Investimo codes, policies or guidelines; and any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
12. Breaches of these general terms and conditions
If we permit the registration of an account on our Website it will remain open indefinitely, subject to these general terms and conditions. If you breach these general
terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Investimo codes, policies, properties or guidelines in any way we may:
(12.1) temporarily suspend your access to our Website;
(12.2) permanently prohibit you from accessing our Website;
(12.3) block computers using your IP address from accessing our Website;
(12.4) contact any or all of your internet service providers and request that they block your access to our Website;
(12.5) suspend or delete your account on our Website; and/or
(12.6) commence legal action against you, whether for breach of contract or otherwise. (12.7) Where we suspend, prohibit or block your access to our Website or a part of
our Website you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a different
account).
13. Entire agreement
These general terms and conditions and the Investimo codes, policies and guidelines
shall constitute the entire agreement between you and us in relation to your use of our
Website and shall supersede all previous agreements between you and us in relationtoyour use of our Website.
14. Hierarchy
Should these general terms and conditions, the client terms and conditions, andtheInvestimo codes, policies and guidelines be in conflict, these terms and conditions, theclient terms and conditions and the Investimo codes, policies and guidelines shall prevail in the order here stated.
15. Variation
We may revise these general terms and conditions, the client terms and conditions, and the Investimo codes, policies and guidelines from time to time without prior notice. The revised general terms and conditions shall apply fromthe date of publication on the Website.
16. Severability
If a provision of these general terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other provisions
will continue in effect. If any unlawful and/or unenforceable provision of thesegeneral terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue ineffect.
17. Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal withany of your rights and/or obligations under these general terms and conditions.
18. Third party rights
Contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these general terms and conditions is not subject
to the consent of any third party.
19. Law and jurisdiction
These general terms and conditions shall be governed by and construed in accordance with the laws of the territory (host country). Any disputes relating to these general
terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory. 20. Our company details
The Website is operated by our professional tech- team. You can contact us by using our Website contact form.