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Terms and conditions

Terms and conditions are important to us, so we use captions like this to summarize our terms and conditions and highlight the most relevant and important points. Please read our full Terms and Conditions as they apply to you.

Introduction

Please read these terms and conditions carefully before using www.zwandako.com and all related applications and services.

Zwandako is owned and operated by Zwandako SARL, registration number: CD/KNG/RCCM/22-B-01732

Our physical address is: Immeuble ITC, 3, Avenue Bas-Congo, Croissement Lokole Gare Centrale , Kinshasa – Gombe (ref.: Soficom)

Definitions

All persons and/or entities who access the Website are referred to herein as “you or “User”.

We refer to www.zwandako.com as the “Website” Here Present

General

< p>As a user of the website, you agree to be bound by these terms and conditions. We reserve the right to revise these terms and conditions at any time by updating this page. You are responsible for periodically reviewing the terms and conditions of this page.

Terms of Use

  1. Users are prohibited from transmitting, disseminate, store or destroy data on the site:
  • En violation of any applicable law or regulation;
  • In any way that infringes the copyright, trademark, trade secret, or other intellectual property rights of any third party, or violates the rights of privacy, publicity, or other life privacy of that third party;
  • In anything defamatory, obscene, threatening, abusive or hateful.
  1. Use of this website is prohibited in the following manner :
  • Monitoring or copying any part of the Website using a robot, spider or other automatic device;
  • Interfere or attempt to interfere with the proper working of the Website with any device, software, routine or the like.
  • Impose an unreasonable or disproportionately large load on the site’s infrastructure;
  • Copy, reproduce, alter, modify, create derivative works of, or publicly display the content of the website without the written permission of Zwandako;
  • Do or attempt to reverse engineer, disassemble impersonate or otherwise attempt to discover any source code associated with the Website or any tools therein, except to the extent that such action is expressly permitted by applicable law notwithstanding this restriction; and
  • Access any part of the Website to which access is not authorized.

Copyright and Intellectual Property Rights< /strong>

  1. This website is owned or licensed to the owner of all content, trademarks and data on the site, including, but not limited to software, databases, text, graphics, icons, hyperlinks, private information and designs.
  2. This website does not grant users any rights, including without limitation any copies, trademarks, patents or intellectual property rights in/or its content.

Privacy Policy and cookie policy

For more information, please see our Privacy Policy and our Cookie Policy

Security

  1. Users are prohibited from violating or attempt to breach the security of the Website, including but not limited to:
  • Accessing data not intended for those users or logging in to a server or account that is not authorized for such users;
  • Testing or probing an information system or network for vulnerability, or breaching security or authentication measures without permission;
  • Interfere with the service of any user, host or network, including, but not limited to, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
  • Unsolicited email marketing, including promoting products or services;
  • Edit TCP/IP packets in email or newsgroup postings;
  • Remove or revise any material posted by any other person or entity;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activities conducted on this site.
  1. Zwandako reserves the right to Investigate events that may involve violations of system or network security, and cooperate with law enforcement authorities in prosecuting users who commit such violations.

Disclaimer

  1. Real estate listings, news, reviews, and other content on the Website are independently published by third parties, and the website is not involved in the buying, selling or developing property process and should not be considered an agent, buyer and /or a developer with respect to the use of the website.
  2. Neither Zwandako nor any of its employees shall be responsible for any agreement or decision made as a result of the posting of real estate listings, property information, personal property listings, use of financial calculators and/or their contents, or any other information. obtained through the Website.
  3. While Zwandako takes reasonable steps to ensure the integrity of the Website and its Content, no warranty, express or implied, is given that the Website will function without error or that any files, downloads or applications available through the Website are free of viruses, Trojan horses, bombs, time locks or any other harmful data, code or mechanism that may corrupt or affect your system.< /li>
  4. In no event shall Zwandako and/or any third party contributors of material to the Website be liable for any costs, expenses, losses and damages of any kind (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way related to your use of the Website, your inability to use the Website and/or the operational failure of the Website, and that such costs, expenses, losses and damages whether or not based on a c contravention, tort, strict liability or otherwise.
  5. To the extent that the Website contains links to other websites, you acknowledge and agree that Zwandako has no control over such websites and that Zwandako shall therefore not be liable in any way for the content of such linked websites, nor for any costs, expenses, losses or damages of any kind arising from your access to and/or use of such website.

Severability

  1. These terms and conditions constitute the entire agreement between Zwandako and you . Any failure by Zwandako to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  2. In the event that any term or condition does not is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the other terms and conditions. The remaining terms and conditions shall not be affected by any such unenforceability or invalidity and shall remain binding and applicable.

Applicable Law

This Site Web is controlled and operated in the Democratic Republic of the Congo, and therefore Congolese law and jurisdiction govern the use or inability to use this website, or any other matter related to this website.

Disputes

All disputes under this Agreement or relating to the use or inability to use this Website shall be settled by arbitration conducted in French according to the rules of Congolese jurisdiction. This arbitration will take place in Kinshasa, and the losing party will pay all costs incurred by the prevailing party in attending and preparing for this arbitration.

Zwandako Email Disclaimer< /strong>

  1. This message and any attachments to it accompanies may contain confidential information protected by copyright. If you are not the intended recipient(s) of this message or responsible for delivering the message to the recipient(s), do not copy or deliver this message or any attachments to any other person, including the intended recipient. Please destroy this message and notify Zwandako if so.
  2. All comments and statements contained in this post should be considered opinions only and not as statements of fact. Zwandako will not accept liability for any loss suffered as a result of the use of this message unless the message indicates that the information is subject to an express warranty and has been authenticated by a digital signature capable of verifying the integrity message.
  3. An email is deemed to have been sent as soon as it appears in our service provider’s mail server logs and is deemed to have been received once we send an acknowledgment of receipt or confirm receipt by email.
  4. Zwandako takes all you take reasonable steps to ensure that this electronic message is free from destructive code (such as viruses), but cannot guarantee that the message is free from destructive code and therefore cannot be held liable for any loss or damage due to destructive code. Please let us know as soon as possible if you become aware of any destructive code originating from this email.
  5. Zwandako may monitor email for the purpose of ensuring the quality of communications as well as for the purpose of investigating or detecting unauthorized use of the messaging. Please do not communicate through this electronic mail system if you do not wish your communications to be subject to such review.

Property Listing Service

  1. If you use Zwandako’s Property Listing Service (Listing Service), in addition to the terms and conditions above, the following terms and conditions apply.
  2. In the following, “material” includes any text, photograph, floor plan or other material prepared and submitted by a third party service provider on your behalf .
  3. Zwandako is not, and does not claim to be:
  • A real estate agent generally, or a “real estate agent” as defined and contemplated in Congolese law, as amended, or any successor legislation, in particular; or else
  • A solicitor, conveyancing agent, financial or tax adviser, mortgage bond originator or appraiser.
  1. Zwandako has no authority as agent or otherwise to negotiate or enter into any agreement on your behalf and no such authority should be inferred. You are responsible for all obligations and consequences arising from your negotiation or entering into any agreement under the use of the referral service. You are strongly advised to inform yourself fully of any party with whom you intend to negotiate or contract, and to obtain the advice of a qualified professional before entering into any contract.
  2. You use the Submission Service at your own risk.
  3. When using the Submission Service, you may not submit material that:
  • Is illegal;
  • harmful to minors;
  • Is fraudulent, false, or misleading;
  • infringes intellectual property, personal, privacy or other rights of a third party; or else
  • Is defamatory or obscene.
  1. You are solely responsible for all material you submit and any consequences that may result from your submission. Zwandako has the right (but not the obligation), in its sole discretion and without notice, to refuse or remove any material that Zwandako, in its sole discretion, deems to violate these terms and conditions.
  2. You must submit all Materials in the format and details determined by Zwandako from time to time.
  3. Zwandako has the right (but not the obligation), without notice:
  • Monitor and moderate all material submitted to the Registration Service; and
  • Deny or restrict the use of the SEO Service by any user, temporarily or permanently.
  1. Zwandako:
  • is not responsible for the accuracy of any material submitted; and
  • Does not endorse any Submitted Material or Product Listed, and no such endorsement shall be inferred or claimed by you.
    < li>You grant Zwandako a perpetual, royalty-free, transferable right to publish all material that you submit.
  1. You must comply with all applicable Congolese laws,
  2. If you instruct Zwandako to contract with a third party to prepare and submit the material on your behalf, Zwandako shall not be liable to you for damages or costs resulting from any act or omission on the part of the third party, including (without limitation) any material defect, or damage or loss suffered at your premises when the third party renders the service; and you indemnify Zwandako accordingly.
  3. You agree to pay all fees and other amounts charged by Zwandako for use of the Referral Service from time to time. If you fail to pay the Fees when due, Zwandako may (without prejudice to any other rights it may have), without notice, temporarily or permanently suspend your use of the Referral Service. Fees are non-refundable.
  4. OTP Service. Zwandako includes in the Listing Service a service (OTP Service) which allows you to obtain (i) a blank offer to purchase (OTP) to fill out, and (ii) the free services of an attorney (OTP Attorney) for you help fill the PTO. If you use the OTP Service, in addition to and without limiting the above terms and conditions, the following terms and conditions apply:
  • As stated above, Zwandako is not a lawyer, transfer agent or real estate agent, and does not purport to be one.
  • Zwandako is unable to provide, does not provide and does not purport to provide of legal services.
  • Zwandako does not endorse the attorney.
  • Under no circumstances shall Zwandako be liable for costs, expenses, losses and damages of any kind (whether whether direct, indirect, punitive, incidental, special or consequential).

Assisted rental service

  1. If you use Zwandako’s Property Assisted Rental Service (Rental Service), then in addition to the terms and conditions above, the following terms and conditions apply.
  2. In this that follows, “material” includes any text, photograph, floor plan or other material prepared and submitted by a third party service provider on your behalf.
  3. Zwandako is not, and does not claim to be:
  • an estate agent generally, or “estate agent” as defined and contemplated in the Estate Agents Act, as amended, or any successor legislation, in particular; or else
  • A lawyer, transfer agent or financial or tax adviser.
  1. Zwandako has no power as as agent or otherwise to negotiate or enter into an agreement on your behalf, and no such authority shall be inferred. You are responsible for all obligations and consequences arising from your negotiation or entering into any agreement under the use of the Rental Service. You are strongly advised to inform yourself fully of any party with whom you intend to negotiate or contract, and to obtain the advice of a qualified professional before entering into any contract.
  2. You use the Rental Service at your own risk.
  3. When using the Rental Service, you may not submit material that:
  • Is illegal;
  • harmful to minors;
  • Is fraudulent, false, or misleading;
  • infringes intellectual property, personal privacy, or to other rights of a third party; or else
  • Is defamatory or obscene.
  1. You are solely responsible for all material you submit and any consequences that may result from your submission. Zwandako has the right (but not the obligation), in its sole discretion and without notice, to refuse or remove any material that Zwandako, in its sole discretion, deems to violate these terms and conditions.
  2. You must submit all Materials in the format and details determined by Zwandako from time to time.
  3. Zwandako has the right (but not the obligation), without notice:
  • Monitor and moderate all material submitted to the Rental Service; and
  • Deny or restrict the use of the Rental Service by any user, temporarily or permanently.
  1. Zwandako:< /li>
  • is not responsible the accuracy of any material submitted; and
  • Does not endorse any Submitted Materials or Products listed, and no such endorsement shall be inferred or claimed by you.
    < li>You grant Zwandako a perpetual, royalty-free, transferable right to publish all material you submit.
  1. You must comply with all applicable laws (without limitation).

    2. < li>If you instruct Zwandako to contract with a third party to prepare and submit material on your behalf, Zwandako shall not be liable to you for any damages or costs resulting from any acts or omissions of the third party, including ( without limitation) any defect in material, or damage or loss suffered at your premises when the third party renders the service; and you indemnify Zwandako accordingly.

  2. Zwandako has no authority as agent or otherwise to negotiate or enter into any agreement on your behalf, and no such authority should be inferred. You are responsible for all obligations and consequences arising from your negotiation or entering into any agreement under the use of the Rental Service. You are strongly advised to inform yourself fully of any party with whom you intend to negotiate or contract, and to obtain the advice of a qualified professional before entering into any contract.
  3. If you are a prospective renter using the Rental Service, in addition to and without limitation to the terms and conditions above, the following terms and conditions apply:
  • In the As part of the rental service, Zwandako arranges viewings of your property by interested tenants. However, Zwandako does not take care of the viewing itself, for which you will be solely responsible. For greater certainty, the provisions of clause 51 below apply to any viewing.
  • As long as your property is listed on the rental service portal, you give Zwandako an irrevocable mandate to publish your advertisement on the portal.
  • You must comply with Zwandako’s procedures and guidelines for the publication of advertisements.
  • The advertisement will only be placed after full payment of the fees.
  • Zwandako makes no warranties or representations with respect to any Interested Renter, including (without limitation) the accuracy of information provided by Renter or the creditworthiness of Renter.
  1. If you are an interested renter using the rental service, in addition to and without limiting the above terms and conditions, the following terms and conditions apply :
  • Each time you submit material, you agree that Zwandako is entitled, at t at any time and from time to time, to (i) perform a full risk assessment on you, including a credit check with a credit bureau and any other source, and (ii) provide the credit bureau and any other source any information about you that you have provided.
  • You agree, upon request, to provide Zwandako with any additional information we may need to perform the risk assessment, including ( without limitation) proof of address and bank statements.
  • When visiting a property, you agree to scrupulously respect the instructions of the owner.
  • Zwandako makes no warranties or representations with respect to the property listed, including any warranties or representations that the property is free from defects or fit for purpose.
  1. Lease agreement service. Zwandako includes in the Rental Service a service (Lease Service) which allows you to obtain a blank rental contract (Lease) to be completed. If you use the Rental Service, in addition to and without limitation to the terms and conditions above, the following terms and conditions apply:
  • As set out above, Zwandako is not, and does not purport to be, an attorney, transfer agent, or real estate agent.
  • Zwandako is unable, does not provide, and does not purport to provide any legal services.
  • The Lease is provided to you for informational purposes only.
  • If you decide to use the Lease, Zwandako makes no warranties or representations regarding the Lease, including any warranties or representations that the Lease is error-free or fit for its intended purpose.
  1. Under no circumstances shall Zwandako be liable for any costs, expenses, losses and damages of any kind (direct, indirect, punitive, incidental, special or consequential) arising out of or in any way related to your use of the rental o u of the lease. Service, whether as owner or tenant, and whether or not such costs, expenses, losses and damages are based on contract, tort, strict liability or otherwise. You indemnify Zwandako accordingly.

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