Meqasa Terms of Use

GENERAL TERMS

• I acknowledge that for all the properties that I list on Meqasa, I either own the property, or have direct consent and permission from the property owner to represent him as his agent.
• For Meqasa to promote the properties in my account, I will list directly or provide an authorised Meqasa representative with adequate information (identifiable location, detailed description and pictures) on each of the properties that I wish to sell or rent so they can list to meqasa.com on my behalf.
• I agree to promptly communicate the sale, lease, or any other change in the status of a property I represent to Meqasa.
• Either party has the right to terminate this agreement at any time. Termination of the agreement should be done in writing or by email. Note that agent/agency is not entitled to any refund in this case.

1. Permissible Use.

Unless you are a real estate professional or home owner, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate professionals and home owners is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise 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. Notwithstanding the foregoing, the aggregate level data provided on meqasa.com, (the "Aggregate Data") may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), with Meqasa cited as a source.

2. Restrictions and Additional Terms.

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

3. Materials You Provide; Account Use; Privacy; Third Party Web Sites.

For materials you post or otherwise provide to Meqasa in connection with the Services (your "Submission"), you grant Meqasa an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Meqasa will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Meqasa may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Meqasa the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your Meqasa user account or that you otherwise make available through the Services. You may not share your Meqasa user account with others. You are responsible for all actions taken via your account. Certain Meqasa functionalities may involve the distribution of your Submission to third party Web sites over which Meqasa has no control. Meqasa is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

4. Advertising.

Meqasa's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Meqasa may serve advertisements based on the information we collect from you or in relation to your interaction on our site.

5. Software.

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Meqasa grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

6. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEQASA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability.

IN NO EVENT SHALL MEQASA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEQASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MEQASA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO MEQASA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification.

You agree to defend, indemnify, and hold harmless Meqasa, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Submission caused damage to a third party.

9. Termination.

You may terminate your account at any time by contacting our support team. Meqasa may suspend or terminate your account and your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use. Upon termination, your right to use the Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Services.

10. Changes; Discontinuance.

Meqasa reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Meqasa's Web sites. Your continued use of the Services after the effectiveness of such changes 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. Meqasa may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

11. Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ghana.

12. General.

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Meqasa may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Meqasa's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Meqasa with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Meqasa with respect to the Services.