Terms of use
Definitions
As used herein, the following terms shall have the following meanings:
- Application: means the Company’s website and mobile application to which this Terms of Use refers.
- Company: means GETCRIBHQ Nigeria Limited (Company Incorporated under the Companies and Allied Matters Act).
- Commission: means the fees charged by the Company for the provision of services as an agent of the House Owners, which is payable by the user upon lease or rent of a property listed on the Application, which is a percentage of the rent cost as provided in the Application.
- House Owners/Landlords: means anyone, including but not limited to persons who own Properties and persons acting on the authority of people who own Properties who wish to lease or rent such Properties to members of the public using the Application as a medium for listing these Properties or houses.
- Properties: means any Property or house listed on the Application including any picture or information of that property or house.
- Services: means listing Properties within the Federal Republic of Nigeria, acting as an agent of House Owners of such listed Properties, any payment made in such regard, and all other activities carried out through the Application.
- Terms of Use: means the terms and conditions as provided herein.
- Users: means anyone using the Application to view, rent or take a lease of a listed property.
Interpretation
- All references within these Terms and Conditions to “we/us/our” refer to the Company.
- All references within these Terms and Conditions to “you/your” refer to Users.
Agreement
GETCRIB Company Limited holds that by accessing the Application’s content and Services, you agree to comply with and be bound by this Terms of Use. If you do not accept all of the Terms of Use, do not use the Application.
These Terms of Use constitute a legal contract between you and the Company. By accessing or using any part of the Application, you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use.
Company Terms and Conditions
As a user, you hereby undertake and agree not to:
- Use our Services in any manner that is illegal, immoral or harmful to us.
- Use the Services other than for your personal use for the purpose of leasing or renting Properties.
- Attempt to copy our data or reverse engineer our processes without our consent.
- Use our Services in breach of any policy or other notice on our Application and undertake not to conduct yourself in an offensive or abusive manner while using our Application or the Services.
- Publish any material that may encourage a breach of any relevant laws or regulations.
- Use any image or pictures on the Application in a manner that infringes any patent, copyright, trademark, trade secret, or other proprietary right of the House Owners or any party or violates the privacy or publicity rights of such House Owners or any party.
- Interfere with any other user's enjoyment of the Application or Services.
- Distribute, disclose, copy, reproduce, make available, upload, post, communicate to the public by telecommunication, display, publish, transmit, assign, sub-license, transfer, provide access to, sell, directly or indirectly, any portion of the Properties listed by any means (including without limitation the Internet, any bulletin board system, electronic network, listing service, or any other data sharing arrangement) to anyone, or modify, adapt or create derivative works of such Properties.
- Store, copy or export any portion of the Properties into any database or other software program.
- Link to or frame any portion of the Properties.
Registration and Security
GETCRIB only allows Users who are over eighteen (18) years of age to register on our Application. You are responsible for providing true, accurate, current, and complete registration details. It is your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our Application 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 and book you for house inspection.
By registering with the service, you agree that we can send you emails about your account and products promoted by the Application and occasional third-party offers.
When registering, you may be asked to create a password. You are responsible for maintaining the confidentiality of your password and restricting access to your computer, and you are accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorization, please contact us immediately at 07037318089.
Advertising Property on Application
Properties placed on our Application contain adequate details and the state of such property as provided by the House owners within the specified area in Nigeria. We reserve the right to either split adverts/listings of a property to reflect the number of units available, retain it as a single property for adverts/listings, or disable such adverts/listings when the property is no longer available.
Commission and Payments
- You are responsible for the timely payment, using the currency and payment method indicated, of the Commission payable for use of the Services provided by the Application. If applicable, you give the Company express authorization to place a preauthorization to hold the Commission and debit it directly from your electronic payment provider as a one-time payment to satisfy the Commission at the time due.
- The Company reserves the right to change the nature and amount of Commission charged for access to the Services, payment frequency, and acceptable methods of payment at any time, provided Company will provide timely notice of any such changes.
- The fees paid for services are non-refundable, regardless of whether the contract between the User and the House owner is subsequently terminated.
- The Company may send invoices and receipts for the Commission paid by email or any other means as may be prescribed upon payment. In all cases, the Commission payable under these Terms of Use shall be paid in full without any right of set-off or deduction. The Commission does not include value-added tax or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services.
- The Company shall not be bound to use any third-party payment vendor or accept credit card payments, and any fees by such vendors or costs incurred from such credit card payments may be added to the Commission payable hereunder. At the Company’s option, you shall pay any such taxes or additional fees directly or pay them to the Company immediately upon invoicing by the Company.
- You must notify the Company about any billing problems or discrepancies within 3 days after the charges first appear on the account statement; if it is not brought to the Company’s attention within such period, you agree to waive the right to dispute such problems or discrepancies.
- It is your responsibility to keep current your contact and billing information (including phone number, email address, credit card numbers, etc.).
- All payment for the rent or lease of the Properties forms a contract between the House Owner and User and not with the Company.
- We act as collecting Agents for all payments due to the Landlord and House Owners for all Properties listed on our Application.
Our Responsibilities
The Company is not a real estate property manager or developer. We provide a service whereby House owners may market and list Properties for rent or lease. Users may view Properties and details of such Properties together with other content hosted and developed by us on our Application. Details on the Properties are hosted by us in good faith, but the information is produced directly by the House Owners. However, you are responsible for making your own enquiries, and our staff will provide you with as much information with accuracy or completeness on each Property as provided by the House Owners.
Availability of Application
We strive to ensure that our Application and the Services are available to you at all times but cannot guarantee that either the Application or the Services will operate continuously, without interruptions or be fault-free. On occasion, necessary maintenance or upgrade work requires us to make the Application 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 Application or the Services, including your access to it.
Third Parties
Our Application may contain links to third-party products, Services and/or Applications that are not affiliated with us. We have no control over the products, Services or Applications of these third parties, and we do not guarantee or take responsibility for them. Our Application 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 Application should not be taken as an endorsement by us of any kind. Furthermore, our Application 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.
Disclaimer
The Services are provided on an 'as is' and 'as available' basis, and we make no representations or warranties of any kind, either express or implied. You expressly agree that your use of our Application and the Services is at your sole risk. 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 of any Property listed on the Application. We accept no responsibility and make no guarantee that the Properties will be free from faults, errors and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Properties and any information provided on the Application.
None of the Services provided by the Company are intended to be a substitute for independent professional advice. We shall not be liable for any losses suffered as a result of relying on any information provided by our Application.
Property descriptions and other information provided on our Application are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of Users to satisfy themselves as to the accuracy of any property descriptions.
No Warranties
By viewing, using or accessing the Application and its Services, including by using any tool, form or agreement provided on the site, or by subsequently contracting with a House Owner to lease or rent any Property listed on the Application, you:
- Acknowledge that the Company is not a party to the transaction contemplated by such form, agreement or contract.
- Agree that these Terms of Use, including the warranty disclaimers, limitations of liability and indemnification set forth in these Terms of Use, apply to such tools, forms, agreements and contracts you use.
- Acknowledge that Company parties make no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same, you confirm that you have made your independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon Company or Company parties. Further, you acknowledge and agree that Company parties make no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures, including without limitation what law may govern any such electronic signatures, and you confirm that you have made your independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
- Any documents, pictures, or other information available through the service are for informational purposes only. They may not represent the condition of a property or the presence or condition of any items on the property at any given time, including, without limitation, at the time of listing or any transaction. You are encouraged to conduct your due diligence and investigate all matters relating to any Properties. You should seek independent advice, including legal advice, to perform your due diligence and use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
Copyright
All pictures and Photographs of Properties posted on the Application are provided by the House Owners. The Company has no copyright over such photographs and pictures, and we do not claim ownership over any of the pictures and photographs displayed on the Application.
Limitation of Liability
In no event shall we nor any of our officers, shareholders, directors, employees, agents or staff 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 staff with respect to these Terms of Use or the Services, your sole and exclusive remedy will be to discontinue using the Application.
Indemnity
You agree to indemnify, defend, and hold us and our affiliated companies, shareholders, officers, directors, employees, agents, or staff harmless from any and all claims or demands made by any third party due to or arising out of your use of the Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any other person or entity.
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 Application and become effective at the time of posting. Your continued use of the Application and our 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. Should any provision of these Terms of Use be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms of Use shall remain in full force and effect.
General
The headings in these Terms of Use are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to you and, upon such assignment, will be relieved of any further obligation under these Terms of Use. You may not assign, transfer or sublicense your rights, if any, under these Terms of Use. Our delay or failure to exercise or enforce any right or provision of these Terms of Use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede any and all prior agreements and understandings.
If you have any questions or comments about our Terms of Use, please contact us at 07037318089.