Terms of Use

AGENTS AND PROPERTY OWNER’S TERMS OF USE

By using this Platform and the services contained therein “our 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 Platform. All references within this terms of use “we”, “us”, “our” refer to ElpadProperties.

ElPadProperties

ElpadProperties is an online facility management platform of ELPAD Consult Limited, that finds and connects the client, to real estate deals all across the nation. Our services are provided for a fee to individual home sellers. When you submit a request to find a property to buy or lease or to list your property for sale or rent, an agent to help you buy or sell your home, our platform electronically matches your request with your preferred property choice.

OUR INTELLECTUAL PROPERTY RIGHTS

The content of the pages on this Platform are property of ElpadProperties. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:

Licence To Re-Copy For Limited Purposes:

  1. You acknowledge ElpadProperties as the source of the material. You must include such acknowledgement and ElpadProperties web address (ElpadProperties.com) in the copy of the material, and
  2. 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.

Disclaimer

ElpadProperties takes all reasonable care to ensure that the information contained on this Platform is accurate, however, we cannot guarantee its accuracy and we reserve the right to change the information on this Platform (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 Platform.

ElpadProperties makes no representations or warranties of any kind with respect to this Platform or the content contained on it, including any text, graphics, advertisements, links or other items. Furthermore, neither ElpadProperties nor any other contributor to this Platform 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 Platform shall be regarded or taken as financial advice.

Registration and Security

You must be over eighteen years of age to register on our Platform 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 Platform 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.

By registering with the service, you agree that we can send you emails about your account, other ELPAD Consult Ltd services and occasional third party offers. You can manage your communication preferences or unsubscribe from communications at any time.

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.

Membership

a) To access or use certain parts of the Platform, you must register as a member of the Platform.

b) When registering as a member of the Platform, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information.

c) You are permitted to create one profile for yourself. You must not create multiple membership profiles on the Platform.

d) All personal information you provide to us will be treated in accordance with our Privacy Policy.

Termination of Membership

ElpadProperties reserves the right to terminate any member whose activities contradicts the terms and conditions contain herein

Applicable law

The user confirms that the terms and conditions and use of this Platform shall be governed by the laws of the federation of Nigeria 2011 and that any and all disputes arising therefrom shall be subject to the exclusive jurisdiction of Nigerian courts.

Correspondence

We welcome your views about our Platform and our Terms of use. If you would like to contact us with any queries or comments please send an e-mail to info@elpadconsult.com.

Indemnity

The user acknowledges that you are solely responsible for the use to which you put this Platform and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this Platform hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this Platform.

Whilst we take every care to ensure that the standard of this Platform remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this Platform (or any particular part of it).

If any part of our terms and conditions is deemed to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

These terms and conditions and your use of this Platform are governed exclusively by Nigerian law. This does not affect your statutory rights as a consumer.

No Warranties

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR AGENTS AND REAL ESTATE PROFESSIONALS PROVIDE OUR PLATFORM AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ELPADPROPERTIES SERVICES IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR AGENTS, AND REAL ESTATE PROFESSIONALS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELPADPROPERTIES AND/OR ITS AGENTS AND REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ELPADPROPERTIES, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR OUR AGENTS AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS PLATFORM OR WITH ANY DELAY OR INABILITY TO USE THIS PLATFORM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS PLATFORM, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Responsibilities of Buyers/sellers/leases/leasors

In using our services as a property buyer and/or seller, you warrant and agree to:

– You promise that all information you provide will be accurate, current and truthful to the best of your knowledge including valid contact information.

– You are interested in Real Estate services such as buying and/or selling of property.

– You expressly consent to being contacted by us or by our real estate professionals via the contact information provided by you in order that we may provide the services set forth on our site, and you hereby consent to any such calls even if your phone number is on any Do Not Call list.

– You are of legal age and are otherwise capable of forming a legally binding contract.

– You consent to provide all required document(s) and details of your property when required for the purpose of execution of transaction.

– You acknowledge that ElpadProperties is not an agent of you, or any or real estate professional or agent whether listed on the platform or not.

– You acknowledge that posted users’ ratings and reviews might not reflect the actual quality of service that you may receive from participating real estate professionals of agents on our platform. ElpadProperties disclaims any liability arising from and the accuracy of any users’ ratings and reviews.

Additional Terms For our Participating Real Estate Agent Professionals

In using our services as registered real estate professionals with ElpadProperties, you warrant and agree to the following:

– You are a real estate salesperson or broker of legal age, and capable of forming a legally binding contract;

– Only experienced real estate professionals can be part of ELPAD CONSULT’S facility management platform (ElpadProperties). You must have three (3) or more years experience in your local market area to assist sellers and buyers.

– You have been duly authorized to deal with and list any property you upload on the platform by the legal property owner.

– All information you submit to ElpadProperties is true and complete and that you will maintain and promptly update your contact, authorization with regard to each property or other Information supplied to ElpadProperties or to Users;

– You consent to disclose all particulars of the listed property, e.g, address, name and particulars of the owner and all such particulars as may be from time to time required by our clients to our agents in writing.

– You have acknowledge that you have obtained your broker’ s or other permission to use ElpadProperties services, if you are required to work or be employed under a broker;

– You will not use the lead information and details obtained through ElpadProperties (the platform) to locate, identify or directly contact a property owner or client/buyer/leasee in any manner without first obtaining the consent of ELPAD CONSULT to do so.

– You have complied with all real estate laws in Nigeria and have adequate and appropriate insurance coverage;

– You will submit your International Passport/National ID Card/Drivers License, Bank Details/BVN and other required details to ElpadProperties.

– All information you submit to customers about the property are your responsibility and not ElpadProperties’ and so must be factual and without exaggerations;

– You will provide ElpadProperties with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents in Nigeria;

– Your products and services does not violate any applicable laws or regulations;

– Elpad Consult reserves the right to terminate the participation of any Real Estate agent on the platform for any reason at ELPAD CONSULT’S sole discretion and to delist any prior listed property without recourse to the listing agent;

– You agree to receive from ElpadProperties, a commission fee of 5% of the consideration for each property transaction.

– You recognize that fraudulent usage of any service provided by ElpadProperties real estate services may subject you to liability.

Are you a property owner or an agent?