Terms of Service
Welcome and thank you for your interest in Ourcaretaker and its Product, collectively, the “Ourcaretaker Ltd,” “us,” “our,” or “we” ). By clicking a registration or new account submission button, or by otherwise using our websites, networks, or other services provided by Ourcaretaker Ltd (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
1. Ourcaretaker Ltd’s Role. Ourcaretaker Ltd, and the Services, assist you in performing the various tasks such as rental service. However, unless explicitly specified by the terms of use for a particular Service, THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related advice of any kind. You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, Ourcaretaker Ltd may serve advertisements based on the information we collect through the Services.
2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the platform; and (c) your registration and your use of the platform complies with all applicable laws and regulations. To access some features on the website, you may be required to register for an account and agree to a Product’s Terms, to the extent applicable to. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.
3. Use of the Services; Restrictions.
A. Use of the Services. As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you are not allowed to use the Service. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites, act as a third-party or otherwise. The Services may include software for use in connection with the Services.
B. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal use to view, save, print, fax and/or e-mail such information.
4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
remove or modify any copyright or other intellectual property notices that appear in the Service;
use the Service in any way that is unlawful, or harms Ourcaretaker Ltd, its service providers, suppliers, affiliates, or any other user;
use the Service 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, tribal or discriminatory activities or outcomes;
distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Service, except as explicitly
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Service, except as explicitly permitted by us for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
post, reproduce, publicly display, or otherwise make accessible any content, which we, in our sole judgment and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages any individual or class of individuals;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
access or use any of the Service to develop competitive products or services; or
attempt to, or permit or encourage any third party to, do any of the above.
5. Fees.
A. Service Charge. As a tenant, you will be require to pay a certain percentage as service charge for the use of the service. This fees will be charged at the point of payment for an apartment or likewise. It will be charged in Nigerian Naira NGN. If you do not accept the charges, we may discontinue by not renting the apartment. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the Service. You authorize us to charge all fees as described in these Terms of Use for the Service you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Caution Fee/ Security fee. The Service will charge tenants caution fee/security fee as they make payment for the apartment. The caution fee is an amount payable as you rent an apartment or likewise to cover for damages that may be done to the property, this fee is refundable or non-refundable depending on the lease agreement. Ourcaretaker Ltd will ensure that the house is properly inspected at the point of exit to provide the tenant with the caution fee depending on the lease agreement.
6. Third Party/Linked Services/Sent information.
A. Generally. The Services include links to third-party products, services, and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under our control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. We do not endorse, and take no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that we may transfer the applicable User Information or other information to the applicable third-parties, which are not under our control. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
B. Certain Third-Party Services.
- Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
- Google Maps.Paystack. The Service allows you to use Paystack Payment gateway to make payments to us, and may include additional processing or application fees detailed when you choose to make payment through Paystack. Your use of Paystack is subject to the Paystack terms of service, available at https://paystack.com/terms
7. Intellectual Property. The Services are owned and operated by the Ourcaretaker Companies. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “Ourcaretaker Companies’ Materials”) that we provide are protected by intellectual property and other laws and are the property of the Ourcaretaker LTD or the Ourcaretaker Companies’ Third-Party licensors.
8. Feedback. If you choose to provide input and suggestions regarding the Service, including related to any of the Ourcaretaker Companies’ Materials (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
9. Deactivation/Deletion /Changes to Agreement. Except as stated in any Product’s Terms, you may deactivate your account at any time by selecting “deactivate account” in your account settings. You can delete your account and all your account data by submitting a request to “delete your data”. If you deactivate or delete your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from the Ourcaretaker Ltd to use the Service will terminate automatically. In addition, we may, in our sole discretion, deactivate, suspend, or terminate your access to your account and the Service at any time for any reason, with or without notice. We may alter, suspend, or discontinue the Service or any portion of the Service without notice. We will not be liable whatsoever for any change to the Service or any suspension or termination of your access to, or use of the Service. We reserve the right to change these Terms of Use at any time in its sole discretion on a going-forward basis, and we will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Service after any updates are effective will represent your agreement to the revised version of the Terms of Use and will constitute acceptance of, and agreement to, any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
10. Privacy Policy. Ourcaretaker LTD will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
11. Indemnification. You agree to indemnify, defend, and hold harmless the Ourcaretaker Ltd, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Ourcaretaker Ltd reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Ourcaretaker Ltd’ defense of that claim.
12. No Warranties. THE Ourcaretaker PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OURCARETAKER MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THE Ourcaretaker COMPANIES AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY Ourcaretaker’ ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND Ourcaretaker MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.