This Terms & Conditions, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which All1Zed Real Estate offers you access to and use of our Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Terms & Conditions. You agree to comply with all of the terms of this Terms & Conditions when accessing or using our Services.
The entity you are contracting with is: Pride Electronics Technology Ltd ., Plot 9 & 10, Office 3, Lusaka Hotel Building, Lusaka, Zambia. In this Terms & Conditions, the entity is individually referred to as “All1Zed Real Estate,” “we,” or “us.”
Please be advised that this Terms & Conditions contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration. (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- About All1Zed Real Estate
All1Zed Real Estate is a marketplace that allows users to lease, sell and buy real estate property in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. All1Zed Real Estate is not a traditional auctioneer.
While we may provide pricing, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
- Using All1Zed Real Estate
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an All1Zed Real Estate policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- fail to transfer property sold by you, unless you have a valid reason as set out in an All1Zed Real Estate policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any property or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your All1Zed Real Estate account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm All1Zed Real Estate or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of All1Zed Real Estate;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any All1Zed Real Estate application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to All1Zed Real Estate. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to All1Zed Real Estate or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any All1Zed Real Estate application or any information or software associated with such application, except with the prior express permission of All1Zed Real Estate;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Sellers or leasers must meet All1Zed Real Estate’s minimum standards. Failure to meet these standards may result in All1Zed Real Estate charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing All1Zed Real Estate and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
- Policy Enforcement
When a buyer/tenant or seller/leaser issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers/tenants and leasers/sellers.
- Fees and Refund Policy
A. The Bronze account is at Kwacha Two Hundred (K200.00) for Six (06) property uploads per month.
B. The Gold account is at Kwacha Four Hundred (K400.00) for Thirty (30) property uploads per month.
C. The Platinum account is at Kwacha Seven Hundred (K700.00) for unlimited property upload per month.
All payments on the all1zed Business Real Estates are non-refundable.
- Listing Conditions
When listing an item, you agree to comply with All1Zed Real Estate’s Listing policies.
- You are responsible for the accuracy and content of the listing and item offered
- Content that violates any of All1Zed Real Estate’s policies may be modified, obfuscated or deleted at All1Zed Real Estate’s discretion
- We may revise product data associated with listings to supplement, remove, or correct information
- We strive to create a marketplace where buyers or tenants find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, All1Zed Real Estate policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings.
- Purchase Conditions
When buying an item, you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full item listing before commitment to buy
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted.
- We do not transfer legal ownership of items from the seller to the buyer
- Authorization to Contact You; Recording Calls; Analyzing Message Content
9. Privacy of Others; Marketing
If All1Zed Real Estate provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
10. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, format, or other guidance provided by All1Zed Real Estate;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any All1Zed Real Estate Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing All1Zed Real Estate Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms & Conditions or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms & Conditions, your improper use of All1Zed Real Estate’s Services or your breach of any law or the rights of a third party.
13. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ALL1ZED REAL ESTATE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and All1Zed Real Estate agree that any claim or dispute at law or equity that has arisen, or may arise, between you and All1Zed Real Estate (including any claim or dispute between you and a third-party agent of All1Zed Real Estate) that relates in any way to or arises out of this or previous versions of this Terms & Conditions, your use of or access to the Services, the actions of All1Zed Real Estate or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by Zambian law, without regard to principles of conflict of laws, will govern this Terms & Conditions and any claim or dispute that has arisen or may arise between you and All1Zed Real Estate, except as otherwise stated in this Terms & Conditions.
B. Agreement to Arbitrate
You and All1Zed Real Estate each agree that any and all disputes or claims that have arisen, or may arise, between you and All1Zed Real Estate (including any disputes or claims between you and a third-party agent of All1Zed Real Estate) that relate in any way to or arise out of this or previous versions of the Terms & Conditions, your use of or access to the Services, the actions of All1Zed Real Estate or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Zambian arbitration Act 2000 governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND ALL1ZED REAL ESTATE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ALL1ZED REAL ESTATE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and All1Zed Real Estate’s right to appeal the court’s decision. All other claims will be arbitrated.
- Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms & Conditions as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
Except as otherwise provided in this Terms & Conditions, if any provision of this Terms & Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Terms & Conditions.
We may amend this Terms & Conditions at any time by posting the amended terms on www.Realestaste.all1zed.com. Our right to amend the Terms & Conditions includes the right to modify, add to, or remove terms in the Terms & Conditions. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the All1Zed Real Estate Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Terms & Conditions through an electronic click-through. This Terms & Conditions may not otherwise be amended except through mutual agreement by you and an All1Zed Real Estate representative who intends to amend this Terms & Conditions and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the All1Zed Real Estate Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms & Conditions. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms & Conditions.
The Terms & Conditions and all terms and polices posted through our Services set forth the entire understanding and agreement between you and All1Zed Real Estate, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Terms & Conditions: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.