THE LOCASUR ONLINE SERVICE IS PROVIDED BY JINIWAY TOGO AND JINIWAY CI. JINIWAY TOGO IS A LEGALLY CONSTITUTED SIMPLIFIED ACTION COMPANY UNDER THE LAWS OF THE TOGOLESE REPUBLIC, WHOSE REGISTERED OFFICE IS AT QT LEO 2000 - LOMÉ TOGO, REGISTRATION UNDER RC TG-LOM 2017 B 283 AND JINIWAY CÔTE D’IVOIRE HAVING HEADQUARTERS IN ABIDJAN COCODY RIVIERA PALMERAIE LOT 2258, ILOT 132 REGISTERED WITH RCCM CI-ABJ-2018-B-27032
IF YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UEMOA AREA, THE AGREEMENT WHO BINDS US TO BE SUBJECT TO THESE GENERAL CONDITIONS.
THESE LATEST APPLY AND GOVERN YOUR ACCESS TO THE LOCASUR WEBSITE (AS WELL AS SERVICES AVAILABLE ON THIS SITE) AND THE USE YOU MAKE OF IT.
READ OUR GENERAL CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY EXPLAIN THE LIMITATIONS OF OUR OBLIGATIONS ON YOU, AS WELL AS LIMITATIONS AND EXEMPTIONS OF OUR RESPONSIBILITY TOWARDS YOU IN THE EVENT OF SUFFERING LOSSES FOLLOWING THE USE OF OUR SERVICES. THE PROVISIONS RELATING THEREOF ARE INDICATED IN CHARACTERS BOLD IN THIS DOCUMENT.
Terms or expressions used in these General Conditions:
The terms and expressions below will have their meanings assigned below, when their first letter appears in capital letters, unless as expressly stated otherwise in the body hereof:
Property: means any property the management of which has been entrusted to the Company under the terms of a Management Mandate;
User account: designates the individual and strictly personal account assigned to the User after its registration on the Site; his account is available on the Owner Space or the Space;
General Conditions of Use or CGU: means these;
Tenant Space: designates the space dedicated to the Tenant who has registered or registered with his owner and connected to the Site;
Owner area: designates the area dedicated to owners who have registered and logged in ur the Site;
Agency space: designates the space dedicated to real estate agencies that have registered and logged in on the Site;
Credentials: designates the user name and / or telephone number and password necessary for connection to the Site;
User Tenant: designates the tenant of an asset the management of which has been entrusted by an Owner to the Company and which has a Tenant Space;
Management Mandate: means the contract concluded through the Site between the Company and the User;
Property manager: designates the user mandated by an Owner or a Real estate agency to manage his property at through the sites;
Options: indicates the options in the Management Mandate available on the Site; these Options are scalable;
Tools: designates the calculation tools available to the Owner User;
User Owner: designates the owner of a product which has registered on the Site and which has a Owner Space;
User Agency: designates the Real Estate Agency with a property which has registered on the Site and which has an Agency Space;
Services: means the services offered by the Company and available online from any User; these services come from the Mandate of Management and Options;
Site: means the website accessible at the URL address: https://locasur.com;
Company: Means JINIWAY TOGO, SAS with a capital of 1,000,000 XOF, having its registered office at QT LEO 2000 AGOÈ, LOMÉ, TOGO, registered under the number RC TG-LOM 2017 B 283, and the company JINIWAY CÔTE D’IVOIRE, SARL with a capital of 8,000,000 XOF, having its registered office at ABIDJAN COCODY RIVIERA PALMERAIE registered at the RCCM under the number CI-ABJ-2018-B-27032, which develop and own from the site.
Third party: designates any natural or legal person who does not have a User login ID and password;
User: Means any natural or legal person who has registered on the Site;
Visitor: Refers to the natural person who accesses and visits the Site.
Our general conditions were last modified in September 2018.
2- PURPOSE OF THE CGU - ACCEPTANCE AND MODIFICATIONS OF THE CGU
2.1. The purpose of the T & Cs is to set and specify the terms in which the Site is made available to any Visitor and the conditions of use of the Services by the user. They apply and are fully opposable to any Visitor and User during their visit and use of the Services.
2.2. Any User or Visitor declares to have read and accepted the T & Cs without any reserve and to comply strictly with them when visiting the Site or using the Services. The Terms are enforceable against any Visitor and User and have contractual value between them and the Company.
2.3. The update / modification of the T & Cs may take place at the initiative of the Company at any time without having to first refer to the Users. The GCU enforceable against the Visitor and the User are those in force and published on the Site. Any breach of the T & Cs may justify the termination of the User's wrongs of the Management Mandate and / or Options possibly concluded by the latter.
3- CREATION OF THE USER ACCOUNT - STRICTLY PERSONAL ACCESS TO ITS SPACE - CONFIDENTIALITY OF LOGIN IDENTIFIERS
Access to the Services and the Owner or Tenant Space is strictly reserved for Users and therefore involves the creation of a User account as Owner, Tenant and Agency. The Company will only provide non-dematerialized services at the margins and if necessary, the Services being provided and accessible in principle only online, which the User accepts before any subscription. When registering on the Site, the User must create his own username and secure his access with a password which will allow the User to connect to his User Account reserving individual access to his Owner Space, his Tenant Space or its Agency Space. The Manager's account and its identifiers are created by the Agency or the Owner who gives him access to the data related to the goods, according to access levels well defined by the latter. The Owner Space, the Tenant Space and the Agency Space are strictly personal for the User and the Identifiers are intended to protect the integrity and availability of the User Account and its content, as well as the integrity, availability and the confidentiality of the data transmitted by the User. It is up to the User in this regard to ensure the complete confidentiality of their password and their identifiers which are strictly personal. They are created, managed, modified and used under its sole responsibility. The Company cannot be responsible for any consequences linked to a disclosure, deliberate or not, of the Username / Password to any Third Party. The Company will not bear any responsibility due to the consequences of fraudulent use by a third party of the Username and Password of the User, in particular in the event of modification of the User's bank details by a Third Party, any instructions (including financial) given by a Third Party from the User Account to the Company and executed by the latter as Agent, false declarations on the Property. In the event that the User becomes aware of the fact that another person is accessing or can access their User Account via their username and password, they will change these and inform the Company without delay. In addition, any prejudicial consequences for the Company or for Third Parties resulting from the disclosure or loss of identifiers / password by the User or their theft must be fully repaired by the latter.
4- USE OF ONLINE SERVICES
Owner Users with a User Account will be able to use the Online Services thanks to online functionalities such as:
- - Access to information and documents relating to its Mandate and / or the Options subscribed;
- Access to financial elements relating to the Property subject to the Management Mandate (such as financial flows (rent collected, invoices paid, due or due);
- - Access to an electronic communication system with the client;
- - Access to information relating to its tenant and his known situation;
- - Download the model documents;
- - Access to the Options subscription service.
5- CREATION OF THE USER ACCOUNT AND SUBSCRIPTION TO SERVICES
The process of creating the User Account and subscribing to Services from the Site is described below:
5.1 Creation of the User Account by the Owner of a Property, the Agency and subscription to the Management Mandate. When creating his User Account, the Visitor will be asked to communicate certain data and documents relating to his situation and the situation of the Property, such as, in particular:
- - Its contact details and personal / professional identity of the Agency;
- - The situation (material and legal) of the Good / Agency.
For the subscription of the Mandate and Options, after having filled in the information requested on the Site, the Management Mandate will be generated as a project; the Visitor can download the Management Mandate on the Site after having signed it; after the Visitor has transmitted all the necessary documents and after validation and verification of compliance by the Company, the Management Mandate begins to be executed and the Visitor becomes User. He therefore has access to his User Account.
The Visitor guarantees that all of the information that he transmits when registering on the Site and concluding the Management Mandate is accurate, sincere and up to date. The User may at any time during the term of his Management Mandate subscribe to the Options if he has not done so at the conclusion of the Management Mandate.
5.2 Creation of the User Account by the Tenant of a Property. The Tenant is registered on the Site by the Owner or the Agency. Any tenant of a Property for which the Company has been given a Management Mandate by the User Owner or User agency will be assigned a User Account. Identifiers will be sent directly to his phone or email which he can modify later.
6- CONSEQUENCES OF THE END OF THE MANDATE OF MANAGEMENT OR LEASE OF THE TENANT
Any termination of the Management Mandate - whatever the reason - will automatically and without right to compensation result in the interruption of the Owner User Account and access to the Owner Area. Any termination of the Lease Agreement - for whatever reason - will automatically and without right of compensation result in the interruption of the Tenant User Account and access to the Tenant Space.
7- USE OF TOOLS
The User Owner and the User Agency have access to their Space in which there are Tools allowing them to generate various information made available online by the Company. These Tools are made available to the User Owner and the User Agency for their information but in no way exempts the latter from seeking the advice of a professional. In this regard, the company declines any responsibility relating to the use of the tools made available and to the information generated by the tools.
8- USE OF LEGAL DOCUMENTS AVAILABLE ON THE SITE
The Visitor and / or the User can access various legal documents and / or real estate information articles available on the free pages of the Site or in the Owner Space and Agency Space. These elements are put online for free. Legal documents are standard models which are made available, the user being responsible for adapting them to their situation and updating them if necessary. In no case may these legal documents or articles replace documents or advice from legal professionals; it is up to any Visitor, User Owner, User Agency wishing to make use of it to be advised and assisted by a knowledgeable professional in order to verify that said legal documents or articles are up to date with the legislation, adapted to the situation of the Visitor and comply with the destination targeted by the latter. As such, the Company - which does not intervene as an administrator of property during the edition of these documents or articles - can not be liable to their user for any use whatsoever that s '' would prove prejudicial, of a questioning of its civil or penal responsibility by a third party or of all consequences prejudicial to the Visitor himself.
9- ACCESSIBILITY OF THE SITE AND OF THE SERVICES / MODIFICATION OF THE FUNCTIONALITIES OF THE SITE
The Services are only accessible via the Site for the User Owner and the User Agency; and via the USSD menu of the country's mobile operator for the User Tenant. The User will therefore ensure that they have an Internet connection and or a telephone ensuring optimal access. The Company cannot be held responsible for any difficulty in accessing the services or the Site due to a failure of the User's internet connection. The Company will make every effort to make the Site accessible 24/7. The Company bears an obligation of means regarding the level of accessibility. As such, it may be required to temporarily suspend access to the Site and the Services if maintenance operations - corrective or upgradeable - require it and without having to alert Users beforehand. Any interruption of access to the Site and the Services occurring due to a malfunction, maintenance, a problem hosting the Site cannot give rise to compensation for Users. The Company may also modify the functionality or any other content of the Site at its discretion within the framework of the evolution of the Site without this being able to constitute compensable damage for Users.
10- PROPER USE OF THE SITE AND VOLUNTARY INTERRUPTION OF THE USER ACCOUNT
The User and the Visitor must use or visit the Site in accordance with these conditions and in accordance with its destination and purpose; as such, any use of the Site is prohibited under conditions or for purposes contrary to public order or unlawful or in contradiction with the rights of any third party. The company may temporarily and definitively suspend all access to the User Account due to a violation of the T & Cs, the mandate contract, any non-payment, without this suspension being able to open the right to compensation for the User.
11- PROCESSING AND PROTECTION OF PERSONAL DATA
The Company is required to collect certain data communicated by the Users when they register on the Site and possibly later when they use the Services or in the context of the relationship of the Management Mandate.
As such, the Company undertakes to comply with all of the obligations arising from the data protection law in force in Togo. In particular declarations, authorizations or notices - in respect of personal data which would be included in the data transmitted by the User; he further declares that he has informed the individuals concerned of the use made of said personal data.
The Company may use, collect data from other services and share it with other companies that cooperate with us such as mobile operators, banks etc., - information from other products and services such as as benefit and / or bonus programs for which you have registered. This data can be used for each of these points in this section.
We may pass this information on to other organizations, including those that help us with our business, to the extent that it is reasonable to do so, in order to effect the transfer of funds or to provide assistance, for future services, for other reasons or uses defined in this section. We can coordinate the data you have made available with that from other companies or individuals, including those that allow us to validate the authenticity of your information. JINIWAY / LOCASUR and its subsidiaries worldwide have the right to disclose information concerning you, including your name, customer ID, address, the reasons for the transaction and information relating to the bank account in the following cases:
(i) if required by national or foreign law or legal procedure or;
(ii) law enforcement or other government officials when it comes to detecting, investigating, prosecuting and preventing criminal acts, including money laundering and all activity related criminal; The User may exercise - under the conditions laid down by law his right of access, modification, rectification and deletion of the personal data transmitted by sending an email to [email protected] In order to ascertain the real author of the letter, the User will attach a copy of their identity document.
12- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Company is the owner of all intellectual and / or industrial property rights relating to the Site, whether in terms of its ergonomics / overall structure or its content, such as without being exhaustive: the LOCASUR brand and logo , texts and images… Any representation, reproduction, adaptation, misrepresentation of any protected element of the Site within the meaning of the intellectual property code will be liable to punishment for acts of counterfeiting and / or unfair competition.
Cookies ensure optimal use / performance of the Site (storage of data transmitted in forms in particular). The User is strongly invited to accept their use, a refusal which may hamper correct navigation on the Site and optimal access to the Services. He can however oppose it by configuring his computer in this sense according to the browser used.
The User or Visitor must strictly comply with these terms and shall be solely responsible for the consequences of the use they make of the Services and the content of the Site, their Identifiers, their User Account and their Dedicated Space. As such, it guarantees the Company against any damage suffered by Third Parties in connection with its use of the Site and will compensate the Company if the latter itself suffers any damage whatsoever (material, moral, image, etc.). The User has direct e-mail in order to communicate with the Company; in this regard he will show moderation in the content of his messages; more generally, the User / Visitor will be moderated when he talks about the Services of the Company and will refrain from any denigration, especially on social networks; the Company may suspend the User Account as such. The Company will make its best efforts to maintain accessibility to the Site and the Services but cannot be responsible for unavailability or difficulty of access or poor quality of use due to a technical reason originating in particular and without exhaustiveness of a failure of the Internet access provider of the User / Visitor, the host of the Site, the mobile operator partner for the USSD menu, a power outage, or even a force majeure. The Company cannot be held liable for any non-performance - total or partial - of any obligation incumbent on it due to force majeure within the meaning of the Civil Code.
15- ONLINE DOCUMENTS AND SIGNING OF MANAGEMENT MANDATES
The Company may at any time make available or require the use on the Site of an electronic signature (Mandate, Option, etc.).
16- APPLICABLE LAW - ATTRIBUTION OF JURISDICTION
The T & Cs are subject to Togolese law for users resident in Togo, and to Ivorian law for users resident in Côte d'Ivoire. If the User resides in another country other than those mentioned above, only Togolese law will be taken into account. Any dispute relating to the interpretation, execution or modification of the T & Cs and to the visit or use of the Site will be the responsibility of the Togolese or Ivorian Courts depending on the country of residence of the User.