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Last
updated
July 18, 2024
AGREEMENT TO OUR
LEGAL TERMS
We
are Marchal Real
Estate Developers Ltd
Marchal
Estate
.
113187570.
We
operate https://marchalestate.com
(the
'Legal Terms'
You
can contact us by (+250)788893793 , email at
info@marchalestate.com
KG 8 AVe
Gasabo
Kigali
,
Rwanda
.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (Marchal Real Estate Developers Ltd , concerning your
access to and use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal Terms
'Last updated'
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR
SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You may
not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United
States and around the world.
The
Content and Marks are provided in or through the Services
Your use of our Services
Subject to your compliance with these Legal Terms,
including the
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely
for your
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: info@marchalestate.com . If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice appears or is visible
on posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions
Please review this section and the
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services (
), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite
you to chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or through
the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material (
You understand that Contributions may be viewable by other
users of the Services
When you post Contributions, you grant us a
granted in this section. Our use and distribution may occur in any media
formats and through any media channels.
This
You are responsible for what you post or
upload: By sending us Submissions
- confirm that you have read and agree with our
' PROHIBITED ACTIVITIES ' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any
and all moral rights to any such Submission
and/or Contribution ; - warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and - warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are
solely responsible for your Submissions
We
may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any
time without notice if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such Contributions, we may
also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect
the intellectual property rights of others. If you believe that any material available
on or through the Services infringes upon any copyright you own or control, please
immediately refer to the
By
using the Services, you represent and warrant that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain
the accuracy of such information and promptly update such registration
information as necessary;
(3) you have the legal capacity and
you agree to comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the
Services for any illegal or
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER
REGISTRATION
You
may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. PROHIBITED
ACTIVITIES
You
may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection
with any commercial
As
a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage
in
unauthorised framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (
'gifs' ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms' ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except
as may be the result of standard search engine
or Internet browser usage, use, launch, develop,
or distribute any automated system, including
without limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorised script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
- Make
any
unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences . - Use
the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavour or commercial enterprise.
6. USER
GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and
owner of or have the necessary
licences , rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or
unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libellous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
7. CONTRIBUTION
By
posting your Contributions to any part of the Services
or making Contributions
accessible to the Services by linking your account
from the Services to any of your social networking
accounts
, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
This
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any
area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
8. GUIDELINES
FOR REVIEWS
We
may provide you areas on the Services to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not
a campaign encouraging others to post reviews, whether positive or
negative.
We
may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and
9. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a
'Third-Party Account'
10. THIRD-PARTY
WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the
Site
11. SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable
all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://marchalestate.com/privacy-policy
. By using the Services, you agree to be bound by our
Privacy Policy, which is incorporated into these Legal Terms. Please be advised
the Services are hosted in Rwanda
Rwanda
Rwanda
Rwanda
13. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a
14. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services.
We
cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
16. GOVERNING
LAW
These
Legal Terms shall be governed by and defined following the laws of Rwanda
Marchal Real Estate Developers Ltd and
yourself irrevocably consent that the courts of
Rwanda
17. DISPUTE
RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a
'Party' and collectively, the 'Parties'thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising out of or in
connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,
as a result of referring to it, is considered as the part of this clause. The number
of arbitrators shall be three (3) . The seat, or legal
place, or arbitration shall be Kigali , Rwanda
English,
Kinyarwanda, French . The governing law of these Legal Terms shall be
substantive law of Rwanda
.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to
class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
18. CORRECTIONS
There may be information on the
Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the
right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
JUDGEMENT
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
21. INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach of these Legal Terms;
(4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive
22. USER
DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
24. SMS TEXT MESSAGING
Opting Out
Message and Data Rates
Please be aware that message and data rates may apply
to any SMS messages sent or received. The rates are determined by your carrier
and the specifics of your mobile plan.
Support
If
you have any questions or need assistance regarding our SMS communications,
please email us at info@marchalestate.com
(+250)788893793
25. CALIFORNIA
USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of
these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
27. CONTACT
US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
