When used in these Terms, the capitalised terms listed below shall have the following meanings:
|Administrator||means any owner, property managers or agents of properties listed on the Platform.|
|User||means any visitors, users and or person who has access to or uses the Platform.|
1. User Account
a. Registration Criteria
By using the Platform, you represent that:
i. Any and all information You submit/share on the Platform are and shall at all material times remain true and accurate;
ii. You reside in the Federal Republic of Nigeria;
iii. You are of a legal age being not less than 18 years at the material time and capable of entering into a binding contract or you are a company duly incorporated under Nigerian Law;
iv. You are the owner of listed properties or legally authorised to manage such properties on behalf of the owner
v. You intend for these Terms to serve as a binding agreement between You and the Company.
d. Account Security
You understand that You are solely responsible at all material times for keeping the username and password for Your account safe and not share such login information with any third party. You agree that DigitHomes will have no liability to you for any harm or loss suffered as a result of a breach or compromise of your user account. You agree to notify us immediately by sending an email to firstname.lastname@example.org.
e. Account Deactivation
DigitHomes may at its sole discretion terminate or limit Your use of the Platform for violation of any of the Terms or for any act or omission, which in DigitHomes’ sole opinion adversely impacts the Platform or DigitHomes’ interests.
2. DigitHomes Services
By using the Platform, you understand that DigitHomes is simply a proptech marketplace connecting Users with Administrators for the purpose of leasing or renting real property and providing value-added functionalities such as vacancy marketing, rental applications, platform advertisement, tenant screening, and payment processing. The Platform may be used by tenants or prospective tenants to, apply for a property and make payments to Administrators, enable Administrators market properties, receive applications, screen applicants and receive payments. We are not a landlord or property manager. Users should consult legal counsel before entering into any contracts facilitated by this Platform.
Although DigitHomes may facilitate transactions between tenants and Administrators and others, we are not a party to any transactions, contracts, or agreements entered into between an Administrator and a User or between any user and any third party, even if the transaction is facilitated by the Platform.
Whilst majority of the services on Our Platform are free to use, DigitHomes may offer some of its features and services for a fee. Where a fee is required for your access to our paid service offerings, You will not be allowed to access any such service without first agreeing to charges associated with such content or services. Unless otherwise stated, all fees are quoted in Nigerian Naira.
We are not a party to payment transactions between parties (i.e. between tenants and landlords), we never take custody of money transferred between users, and we are not responsible for what recipients do with payments made through the Platform. However, we charge Administrators a platform fee for payment received via our platform.
When you make a payment, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you proceed to enter into an agreement with an Administrator, you agree to pay the corresponding fees within thirty (30) days of notification from us. DigitHomes and the Administrator reserve the right to pursue required legal action to recover any fees owed by you as a result of your access to the Platform.
All amounts payable by You under these Terms are exclusive of taxes. Thus, You are responsible for all taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts paid by you for any services.
DigitHomes cares about the security of Users. While We work to protect the security of your account and related information, the Company cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify Us immediately of any compromise or unauthorized use of your account by sending an email to email@example.com
5. Prohibited Use of Platform
You undertake that Your use or access of the Platform shall be done lawfully and shall not be for an illegal purpose or in any manner/purpose that contravenes these Terms. You agree not to:
a. Use the Platform and Services for any other individual apart from yourself.
b. Post, send, use, store, transmit or deliver on or through the Platform:
i. any content which may constitute, cause or encourage a criminal action or violate any applicable law;
ii. any content/advertisement that infringes a third party right including the privacy rights of others;
iii. messages or information under a false name;
iv. unsolicited e-mail and advertisement or promotion of goods and services; v. malicious software or code;
vi. messages or information that is intrusive, abusive, obscene, unlawful, libellous, defamatory, fraudulent, threatening or hateful, harassing, vulgar, or potentially harmful.
c. Use the Platform 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, racist or discriminatory activities or outcomes;
d. Contravene/violate any applicable law concerning your use of the Platform and your relationship with other users
e. To impersonate or attempt to impersonate any person (including, without limitation, by using e-mail addresses or names associated with such person).
You agree that if you use the Platform in the ways aforementioned, We reserve the right to terminate your access to the Platform or Services, deactivate your Administrator account and refuse any future request from you to use the Platform.
6. Intellectual Property
DigitHomes exclusively owns all proprietary rights/licenses to the Platform including all worldwide intellectual property rights in the Platform, trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, adapt, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or any content appearing in the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary right notices incorporated in the Platform. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Platform or any third party. Unauthorised use shall constitute an infringement of DigitHomes’ intellectual property rights which shall be prosecuted.
You may not, or attempt to;
a. decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform;
b. circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any content;
c. introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
d. use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; or
e. harvest, collect or mine information about other users on the Platform.
7. Third Party Content and Links
Through our Platform, you will have the ability to advertise some goods or services or access advertisements or content provided by other users, and/or other third parties and links to websites and services maintained by third parties (collectively “Third-Party Content”). We do not review or edit Third-Party Content for legal issues and we are not in a position to determine the legality or accuracy of such content. You hereby agree that We are not responsible or liable for any disputes, claims, losses, injuries, or damage of any kind related to your access, use, or inability to access or use such third-party content. We also do not provide a guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein.
In your use of our platform, You may also find links to other websites or applications that We do not control. We are not responsible for the content or any other aspect of these third-party sites, including their collection, processing or use of personal information. You are advised to interact with these websites with caution and you agree that DigitHomes is not liable for any harm suffered by you as a result of your accessing these third-party sites
Additionally, We are not responsible for any payments processed or submitted through third-party sites, or for the privacy policies of such sites. You exclude the Company from all responsibility or liability for the content available. The presence of such links or content on Our Platform is not an endorsement of any products or services offered by third parties. We urge our users to exercise caution in using third-party sites.
8. Limitation of Liability
You agree that You are solely and fully liable and responsible for all activities performed using your account. We will hold you accountable and liable for any damage or loss incurred due to the use of your account by any person, whether authorised by you or not. You agree to indemnify and hold DigitHomes harmless for any such damage or loss. The Platform and Services are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from DigitHomes.
You agree to indemnify, defend, and hold harmless DigitHomes and its respective employees, directors, officers, subcontractors, service providers, vendors and agents of each against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from:
a. breach of these Terms by You;
b. any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform, including any transactions that You conduct or attempt;
c. your violation of any law or regulation;
d. your infringement of any right of any third party;and
e. any other matters for which You are responsible hereunder or under law. You agree that your use of the Platform, including, without limitation, provision of services in connection with the Platform, shall be in compliance with all Applicable Laws, regulations and guidelines and shall not be intended to damage, disable, overload, or impair the Platform or the servers on which it is hosted.
DigitHomes enables handymen provide professional services and/or merchandise, but does not provide such professional services or merchandise itself or act in any way as a retailer or manufacturer, or as a cleaning, handyman, or another related service provider, and except as expressly set forth herein disclaims any responsibility or liability for any professional services and/or merchandise provided to You, including, but not limited to, a warranty or condition of good and workmanlike services, warranty of fitness for a particular purpose or compliance with any law, regulation, or code. DigitHomes is not affiliated with, endorsed or sponsored by any third party merchandise provider or retailer.
You understand and agree that the Platform is merely a marketplace connecting parties and the services provided by us are not intened to provide you with any financial, real estate, or related advice of any kind.
DigitHomes will use all commercially reasonable measures to assist users in avoiding potentially fraudulent or other illegal activity, including using third-party identity verification services to help ensure the identity of users before allowing use of the Platform (such as requesting credit reports or using the electronic payments service). However, we cannot and do not guarantee the effectiveness of these measures or the accuracy of the identity of any user, even if we have indicated that such user’s identity has been verified. You agree that you assume the risk of transacting business with any other user or third-party through the Website and understand that an indication that a user’s identity has been verified means only that the user has provided sufficient information to satisfy the identity verification process of our third party identity verification vendors and that it is not a guaranty of the identity of such person.
Although We will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, We do not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times any eventual defects will be corrected. In no event will we our affiliates, directors, officers, subcontractors, agents and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Platform, any interruption in the availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilisation in any manner whatsoever of the Platform or the data collected through the Platform, even if one or more of them has been advised of the possibility of such damages or loss.
DIGITHOMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIGITHOMES DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING;
i. THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM; OR
ii. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; OR
iii. THE PLATFORM BEING ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR
iv. THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM OR CONTENT OFFERINGS. DIGITHOMES MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE PLATFORM.
DIGITHOMES FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO THE USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK. DIGITHOMES DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION PROVIDED THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DIGITHOMES CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE.
10. Governing Law and Dispute Resolution
These Terms and your use of the Platforms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria applicable to agreements made and to be entirely performed within Nigeria, without regard to conflict of law principles.
You agree that in the event of any dispute relating to these Terms, recourse shall be had to arbitration which shall be conducted in accordance with the Nigeria Arbitration and Conciliation Act 1988 or any subsequent amendment thereto. The arbitration award shall be binding on the parties
Notwithstanding the preceding, We retain the right to apply to any court of competent jurisdiction for provisional or ancillary reliefs, including preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this Terms.
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between You and DigitHomes pertaining to the subject matter hereof. Without prior notice, we may assign our rights and obligations hereunder to any third party. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the preceding shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If We are required to provide notice to You hereunder, We may provide such notice to the email account that you provided to Us.
12. Updates and Amendments
You agree that We may revise the Terms at any time without notice. However, all updates to the Terms will be posted on this page on the Platform. Any revisions or updates bind you. You should periodically visit this page to review the current terms that apply to your use of our Platforms. Any use of any of our or Services by You after the publication of changes to the Terms shall constitute your acceptance of the Terms as modified. In its sole discretion and at any time, DigitHomes may discontinue providing the Services or any part thereof without notice.
13. Inquiries and Feedback
We are always willing to respond to your feedback, inquiries and complaints and improve your user Services. By submitting any feedback, inquires or complaints, You grant Us the right to use the Feedback without any restriction or any compensation to You.
We are committed to improving your user experience on our Services. Please send your complaints and queries firstname.lastname@example.org