STANDARD TERMS AND CONDITIONS FOR CLIENTS AND USERS
INTRODUCTION
Shelter Professionals Ltd (“ShelterPro”) hosts a website under the domain name www.shelterprofessionals.com (“the Website”) for the online, rent renewals, marketing of property, listings for sale or for rent, property management, maintenance and construction and the advertising of service providers in the real estate sector.
These Website Standard Terms and Conditions (STC’s) written on this webpage shall manage your use of the website. By using this Website, you agree to accept all terms and conditions.
APPLICATION TO CLIENTS
These STC’s are applicable together with the signed agreement (“the Contract”) concluded between ShelterPro (“the Company”) and each client who advertises on the Website (“Client”).
If there is any discrepancy or conflict between these STC’s and the Contract, the provisions of the Contract will apply.
APPLICATION TO USERS
By logging in, registering on, accessing or using the Website, all persons making use of the Website (“Users”) agree to be bound by these STC’s, except those provisions which, explicitly or implicitly, only apply to Clients.
SHELTERPRO‘S GENERAL OBLIGATIONS AND WARRANTIES
ShelterPro shall provide the following services to the Clients and Users:
Support service for Clients, from Monday to Saturday, 08:00am to 6:00pm.
ShelterPro makes no warranties of any kind regarding the standard of the content on the Website and, in particular, ShelterPro does not warrant that:
the Website is error-free;
the Website will be accessible and operative on a 24 hour-per-day, 7 day-per-week basis; and
that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.USE OF THE
WEBSITE
ShelterPro uses “cookies” on the Website to enable it to personalize each User’s visits to the Website, simplify the signing-in procedure, keep track of your preferences and to track the usage of the Website. Cookies are small pieces of information that are stored in the hard drive of the User’s computer by the browser. The browser will have the option to prevent websites using cookies, but this may reduce the functionality of the Website.
No-one may link any page on the Website without ShelterPro’s prior written consent. The Website may contain links to other third-party websites over which ShelterPro has no control. ShelterPro does not recommend any products or services advertised on those websites and the Client/User uses them at their own risk.
RESTRICTIONS
Clients and Users are specifically restricted from all of the following:
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website;
Using the Website to engage in any advertising or marketing, or any illegal activity.
PRIVACY POLICY AND PERSONAL INFO
Each User and Client agrees that, by using the Website, they provide ShelterPro with certain personal information, including, without limitation, their name, company details, property searches, addresses, contact numbers, email address, advertisements, sales statistics, location information, valuations, prices and rentals (“Personal Info”).
ShelterPro collects Personal Info to compile the Website, provide services to the Users and Clients and related purposes. It is mandatory for the Client to provide some Personal Info in order to access the Website, as indicated on the Website.
By using the Website, each User and Client explicitly consents to ShelterPro disclosing Personal Info in the following circumstances:
for communication purposes from time to time, provided that the Client may request to be removed from a communication system;
de-identified or aggregated Personal Info may be used for statistical and data analysis purposes;
to improve the Website, to improve and develop new products, features and services;
in the ordinary course of its business and for promotions and marketing;
for use by its business partners for commercial or marketing purposes; (Kindly refer to the last sentence under “Distribution of Information” in Privacy Policy)
To any party if it believes that it is required by law or by a court to do so or if ShelterPro believes that this is necessary to prevent or lessen any unlawful or harmful actions.
In terms of the Protection of Personal Information , a person about which Personal Info is collected has the right:
of access to and the right to rectify the Personal Info collected;
to object to the processing of Personal Info;
to lodge a complaint to the Information Regulator whose details may be obtained from ShelterPro.
CONFIDENTIALITY
Each ShelterPro Client or User undertakes to:
keep confidential all information, whether written or oral, concerning the business and affairs of the company and of each other whether obtained from that party or any third party (“the Information”);
not disclose the Information to any person other than its employees, agents and/or consultants involved in the implementation of this agreement, without that party’s prior written consent;
use the Information solely in connection with the implementation of this agreement and not for its own benefit or that of any third party; and Keep confidential the terms and conditions of this agreement.
The provisions of this clause do not apply to any Information which is:
independently developed by the recipient;
publicly available without breach of this agreement; or
Released for disclosure by the disclosing party with its written consent.
INTELLECTUAL PROPERTY INDEMNITIES
All the content on the Website, including any and all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name “ShelterPro” and the associated logo (which are both registered trademarks), the Website source code, copyrights and any modifications and/or upgrades thereto, are for the exclusive use of Shelter Professionals Ltd and may not be reproduced or used otherwise without the express consent of Shelter Professionals Ltd.The Clients/Users must not reverse-engineer or attempt to copy the codes of this Website in any way. The Client may not use any automatic device or manual process to monitor or copy any part of the Website.Clients are granted limited license only for purposes of viewing the material contained on this Website.
PHOTO AND VIDEO CONTENT
To the extent that ShelterPro produces or procures any videos, virtual tours or photographic content, including High Definition videos and High Dynamic Range photography, (collectively “Visual Content”) ShelterPro will at all times own all the copyright and other intellectual property in the Visual Content;ShelterPro licenses the Client to link or use the Visual Content on its own estate agency website and its own social media platforms, provided that the specific media platform has been approved in writing by ShelterPro in its Acceptable Usage Policy or elsewhere and has not been expressly prohibited by ShelterPro in any document or notification;
the Client may not digitally link, nor permit or direct the placement of, the Visual Content on any other website or digital marketing platform whatsoever, except as set out above.
VARIATION OF TERMS
Shelter Professionals Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
SUB-CONTRACTING
ShelterPro may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client. The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without ShelterPro’s prior written consent
DISPUTE RESOLUTION:
Any dispute arising between the Parties in connection with the terms and conditions of the Website will, in the first instance, be referred for resolution to ShelterPro’s Managing Director or any staff assigned by the managing director who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. In the event that the Managing Director or any staff assigned by the managing director is unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause. Any dispute referred to arbitration in terms of this clause shall be held in accordance with the Lagos State Multi-Door Court House Alternative Dispute Resolution Mechanism for final settlement.
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the internal laws of the Republic of Nigeria without giving effect to any choice or conflict of law provision or rule.
MAIN TERMS AND CONDITIONS:
These terms and conditions form part of the main terms and conditions of ShelterPro. In the event of an inconsistency between these terms and conditions and the main group terms and conditions, the main ShelterPro terms and conditions shall prevail.
Upon acceptance and signature of these terms and conditions, users and Clients agree and they have revised and had the necessary sight and understanding of the main terms and conditions of ShelterPro as contained on the ShelterPro website.
Clients further agree that in addition to being bound by these terms and conditions, they are bound by the main terms and conditions of ShelterPro