TERMS OF USE

The policy set forth below is provided in English only to avoid any misinterpretations caused by a language translation. If necessary, please seek the proper advice, or please do not use this site.

By using this website, mobile applications, or other services contained therein (‘Services’) you agree to comply with and be bound by the following terms and conditions (‘Terms of Use’). If you do not agree to and accept these Terms of Use, you should not use this website. All references within these Terms of Use to ‘we/us/our’ refer to Tomal Properties Limited.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING http://www.tomalproperties.com

 

USE OF THE SERVICES

As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services and to download and use our app on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client.

PROHIBITED USE

 BY USING THE SERVICES, YOU AGREE NOT TO:

• reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
• remove or modify any copyright or other intellectual property notices that appear in the Services;
• use the Services in any way that is unlawful, illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us or harms Tomal Properties Limited, its service providers, suppliers, affiliates, or any other user;
• use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, immoral or discriminatory activities or outcomes;
• post, display, communicate, or otherwise make accessible to any third party on or through the Services (including but not limited to an agent profile page) a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all), irrespective of whether such offer of compensation is connected to any specific property;
• distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
• impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretences;
• reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
• upload invalid data, viruses, worms, or other software agents to the Services;
• post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity to obtain information from the Services) on the Services;
• use any of the Tomal Properties Limited’s’ trademarks as part of your screen name or email address on the Services;
• access or use any of the Services to develop competitive products or services; or
• attempt to, or permit or encourage any third party to, do any of the above.

 

REGISTRATION AND SECURITY

You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our website may be used by anyone who visits without requiring registration, some of the Services require you to register in order to enable us to verify your identity.

DISCLAIMER

Tomal Properties Limited takes all reasonable care to ensure that the information contained on this website is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these terms and conditions) at any time. You must therefore check these terms and conditions for any such changes each time you visit this website.

We expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use.

 It is the responsibility of buyers to satisfy themselves as to the accuracy of any property descriptions and the responsibility of agents to ensure the accuracy of any descriptions provided.

Furthermore, neither Tomal Properties Limited nor any other contributor to this website make any representation or gives any warranty, condition, undertaking or term either expressed or implied as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error-free.

Nothing on this website or any of the Services are intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as accountants, surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

CONSENT TO COMMUNICATION

By using the Services, you consent to receiving certain electronic communication from us. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. You can manage your communication preferences or unsubscribe from communications at any time.

The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Tomal Properties Limited or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”).

When registering, you will be asked to create a password and will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorisation, please contact us immediately.

 

MATERIALS YOU PROVIDE

Certain portions of the Services may allow users to upload or otherwise provide photos, video, data, text, listings, and other content (“User Materials”). By submitting content on our website or otherwise providing content to us in connection with the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law.

We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services.

For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Tomal Properties Limited and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

 

COPYRIGHT AND TRADEMARKS

The Services are owned and operated by Tomal Properties Limited. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services that we provide are protected by intellectual property and other laws and are the property of Tomal Properties Limited’s Third-Party licensors.

Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:

• You acknowledge Tomal Properties Limited as the source of the material. You must include such acknowledgement and Tomal’s web address (http://www.tomalproperties.com) in the copy of the material, and
• You must inform the third party that all the Terms and Conditions set out herewith apply to him/her and that he/she is bound by them.

 

CHARGES AND PAYMENTS

You may be required to pay fees to access certain features of the Services. All fees are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you.

 

AVAILABILITY OF WEBSITE

We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault-free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our website or the Services, including your access to it.

 

THIRD PARTIES

Our website may contain links to third-party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

 

LIMITATION OF LIABILITY

In no event shall we nor any of our officers, shareholders, directors, employees, agents or suppliers be liable for any loss or direct, indirect, consequential, incidental, special or any other damages arising from your use of the Services. Should you not agree with any part of these Terms of Use or have any dispute or claim against us or our suppliers with respect to these Terms of Use or the Services, your sole and exclusive remedy will be to discontinue using the Services.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Tomal Properties Limited, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Tomal Properties Limited reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Tomal Properties Limited defence of that claim.

 

CHANGES TO TERMS OF USE

We reserve the right in our sole discretion to change these Terms of Use at any time without prior notice to you. Any changes will be posted on our website and become effective at the time of posting. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party should we exercise our right to modify, suspend or discontinue all or part of the Services.

 

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with Nigerian law and the parties agree that any disputes will be settled in Nigerian courts.

GENERAL

These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.

The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services.

Our failure to act with respect to a breach, or our choice to otherwise waive a breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Tomal Properties Limited with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Tomal Properties Limited with respect to the Services.