Terms & Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

These Terms of Use ("Terms") represent an agreement between you and Kyrious  Real Estate Cooperative Multipurpose Society Limited ("Kyrious") and contain the terms and conditions governing your use of and access to our website at https://kyrious.eximiarealty.com/ and all affiliated websites owned and operated by us (collectively, the "Website") and our products, services, and applications (together with the Website, the "Services").

By using or continuing to use this website you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out of your accessing, browsing and/or using of this website, whether contained on this website or in a separate Terms with the Society.

 DEFINITION OF TERMS 
A. “Website” means the KYRIOUS website.

  1. “platform” means the KYRIOUS E-business platform
  2. “Society” means KYRIOUS: A Real Estate Cooperative Multipurpose Society that provides its members with secured access to interest driven real estate investment opportunities.
  3. “Members” means Individual(s) or Corporate Entities who are duly registered under this website and have subscribed and invested into the shares of the Society.
  4. “Bye-laws” means the registered bye-laws made by the society in exercise of any power conferred by this law and it includes a registered amendment of the bye-laws.
  5. “Agent(s)” means Individual(s) or Corporate Entity(ies) who act as Marketing/Sales Agents on behalf of the society in the advertisement and marketing of her products/services. This definition covers members who wish to act as Agents on behalf of the Society

REGISTRATION 
All Members and Agents shall duly register and fulfil all the requirements for membership provided for under the website. In consideration of your use of the website, you agree:

  1. That you are of legal age and have capacity to agree to these Terms;
  2. To provide accurate, current, and complete information about you as may be prompted by a registration form on the website and Platform;
  3. To maintain the security of your password and identification;
  4. to maintain and promptly update the registration data and any information you provide to the society, to keep it accurate, current and complete.

OBLIGATIONS OF MEMBERS 
1. The obligations of Members are duly spelt out in the Bye-laws and Members shall be bound by the provisions of the bye-laws upon registration, subscription and investment into the shares of the Society.

 USES AND PROHIBITED USES OF WEBSITE AND PLATFORM
In consideration of your use of this website and Platform, you agree:

  1. To be responsible for the use of the services, and any content you post as well as the consequences that arise from your use;
  2. That all activities carried out by you on this website are at your own risk;
  3. You are responsible for all activities that occur under your password or account or any other breach of security;
  4. That you will not disrupt the functioning of the site, solicit another user’s password or otherwise act in a way that interferes with other user’s use of the site.
  5. To use the website and Platform in a manner that is lawful, relevant and proper; any use of the website and Platform that the Society, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of the agency with or without notice.

 Note: Conducts that are inappropriate and/or offensive includes but not limited to the following:

  1. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  2. Attempt to use another’s account;
  3. Create false identity by any form of misrepresentation;
  4. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other Agents or Members;
  5. Post, publish, distribute or disseminate any defamatory, infringing, indecent, unlawful, inappropriate information or material on the website and Platform;
  6. Upload, post, email, transmit or otherwise make available any material that contain software viruses or any other computer files or programs designed to interrupt, destroy or limit the functionality of the site;
  7. Restricts or inhibits any other Agent or Member from using and enjoying the services provided on this website and Platform;
  8. Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity to create false identity to mislead others on the site.

CHANGES AND AMENDMENTS 
The Society reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

  1. Change these terms and conditions;
  2. Change the content and/or services available from and/or on the Website and Platform;
  3. Discontinue any aspect of the Website or service(s) available from and/or on the Website and Platform.

 NON-DISCLOSURE/CONFIDENTIALITY 
Agents and Members may obtain direct access to certain confidential information of the Society, its subsidiaries and affiliates, including without limitation technical, contractual, product, trade secrets, pricing, marketing and other valuable information which should reasonably be understood as confidential information. Agents and Members must hold such information in strict confidence and the information shall not be disclosed or divulged to third parties.

This restriction shall continue to apply even after the cessation of relationship with the Society but shall not apply to information, which is in the public domain.

NON-DISCLOSURE/CONFIDENTIALITY 
Agents and Members may obtain direct access to certain confidential information of the Society, its subsidiaries and affiliates, including without limitation technical, contractual, product, trade secrets, pricing, marketing and other valuable information which should reasonably be understood as confidential information. Agents and Members must hold such information in strict confidence and the information shall not be disclosed or divulged to third parties.

This restriction shall continue to apply even after the cessation of relationship with the Society but shall not apply to information, which is in the public domain.

 DISCLAIMER OF WARRANTIES
Agents and Members assume all risk for any damage to their computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses.

The Society disclaims and excludes all warranties and conditions, whether express or implied including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights to the extent permitted by the applicable law.

 INDEMNIFICATION 
You agree to indemnify, defend and hold harmless the Society and its subsidiaries, affiliates, shareholders, directors, employees, contractors, officers, partners, representatives from all liabilities, claims, damages and expenses, including legal fees and court costs, incurred by the Society that may arise without limitation from your use or misuse of this website, your non-compliance with these terms and conditions of use, or your violation of any third-party rights, inaccurate, untimely, incomplete or misleading information, including without limitation with respect to registration, profile or eligibility, misstatements and/or misrepresentations. Agents and Members shall not, in any event, settle any claim or matter on behalf of the Society without the written consent of the Society.

 DISPUTE RESOLUTION 
Any dispute or disagreement between the Society, Agents and/or Members on any provision of these Terms shall be mutually resolved. Inability to mutually resolve the dispute by the Society, Agents and/or Members, the dispute shall be referred to a mutually agreed Lagos State Multi-Door Court House for mediation. If the dispute remains unresolved, it is only then that litigation proceedings shall be undertaken in Lagos, Nigeria.

APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the Laws of Federal Republic of Nigeria.

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