Terms and Conditions for REALVEST

These terms and conditions ("Terms" , "Agreement") are an agreement between Realvest Global Technologies Limited RC 1634584 ("Realvest" , "us" , "we" or "our"), owners of the existing product "Realvest" and Purchaser ("User" , "you" or "your"). This Agreement sets forth the general terms and conditions that shall regulate both parties to the transaction. By using any of our services, You agree to abide by these Terms, the privacy policy, and all other operating rules, policies, and procedures that may be published by us from time to time on this platform, each of which is incorporated by reference to these Terms. References in these Terms and Conditions to “You” (or such similar descriptions) are references to you as an individual or legal entity as the case may be.

GENERAL PROVISIONS

User Requirement

Please note that the opportunities and services offered on this platform are primarily for individuals who are at least eighteen (18) years old, (as well as individuals who have attained the legal age in the locations where they reside). However, in extenuating circumstances, minors may be allowed through their legally appointed guardians and trustees to avail themselves of some of the opportunities that we list on this platform from time to time.

1.2 This T&C therefore insist that You are an Individual of at least eighteen (18) years old, or have attained the legal age in your jurisdiction and that you are able and competent to enter into a legally binding agreement with us, as it relates to your access to and use of this platform. Consequently, we expect that all registration information that you submit is accurate and truthful.

1.3 By this T&Cs, You agree that the terms of this Agreement are binding on anyone on whose behalf you seek to partake and benefit from this platform, be it a company, a minor, or any other legal entity, over which you have the authority to bind to the terms of this Agreement.

1.4 You agree to provide such registration details which will contain information about you as may be prompted by any registration form on this platform and to keep such personal details updated at all times.

1.5 If you are provided with a user identification code, password, or any other piece of information as part of our security procedures, You hereby agree to treat such information as confidential and not to disclose it to any third party. Furthermore, You hereby agree that once you are granted access to the platform, such access right is not transferable to any other person.

1.6 You hereby agree to comply with all local laws regarding online conduct and acceptable content publishable on this platform. You are responsible for all applicable taxes payable as a result of your activity on this platform.

1.7 In a bid to register with us on our online platform, You agree to provide us with your valid means of identification such as a Driver’s License, International Passport or National ID Card, or BVN Number.

Access to our platform

We provide you access to our platform at no cost to you. However, be kindly notified that you may experience a few instances where your access to our platform may be interrupted.

2.2 Instances, where your access to our platform may be impeded, include the under listed:

2.2.1 When you violate any of the provisions of these terms or when you are found to have provided inaccurate registration data (personal details). In this case, Your access to our platform may be suspended, withdrawn, or discontinued;

2.2.2 Another case may be when we have to do routine maintenance, effect an update or an upgrade to the platform in the bid to serve you better. Before such cases, we undertake to give You due notification.

Limitation of Liability

3.1 With all sense of responsibility, and to the full extent permissible by Law, REALVEST or their Sister Companies (If any), affiliates, agents, and directors shall not be liable under contract, tort, strict liability, negligence, agency relationship, or any other legal or equitable theory, for any of the following:

3.1.1 Any Liability for any direct, indirect, or consequential loss or damage incurred by You in connection with our platform or connection with the use, inability to use, or results of the use of our platform, any websites linked to it and any materials or content posted on it, including, without limitation to any liability for loss of data and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

3.1.2 Any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

3.1.3 You hereby release REALVEST and hold them and the parent company, subsidiaries, officers, directors, agents, and employees, harmless from any claims, demands, and damages of every kind and nature (including, without limitation to, actual, special, incidental, and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the services on our platform. You hereby, waive the provisions of any state or local law limiting or prohibiting a general release.

3.2 Without Prejudice to the limitation of liability above, in the event of any problem with the platform or any of the services on the platform, You agree that your sole and exclusive remedy is to cease using the platform. Under no circumstances shall REALVEST, their subsidiaries, officers, directors, agents or employees be liable in any way for your use of services, including but not limited to, any errors or omissions in the platform, downtime, any infringement by the platform of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the services.

Disclaimer

4.1 It is important to note that your subscription to any of our projects and your use of our services are at your discretion, as the services on the platform are provided to You on an “AS IS” and “AS AVAILABLE” basis. You therefore agree to evaluate, seek independent advice, and bear all risks associated with the use of this platform. Nothing on the Platform should be deemed to constitute a recommendation to purchase, sell or hold, or otherwise to constitute a piece of advice regarding, any investment, secured or otherwise.

4.2 In your interest, we may from time to time refer to existing brands or companies for marketing purposes on this site except we have explicitly stated that the brand or company is affiliated with us or that we have a contractual relationship with them, we expressly disclaim any relationship with any such brand or Company.

4.3 Note that we are not a registered broker-dealer, investment advisor or crowdfunding portal and we do not engage in any conduct that would require registration with the Securities and Exchange Commission or the Nigerian Exchange Group Plc.

Third-Party Websites and Links to our Services:

5.1 We may permit you to link ours to other websites or resources on the internet, and other websites or resources may contain links to our services. Note however that when you access third-party websites, You will be leaving myhomevest.ng but at your own risk as those other websites are not under our control. You also acknowledge that we will not be liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.

Intellectual Property Rights

6.1 Except for the rights expressly granted under these Terms and Conditions: All content included on this platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are all properties of REALVEST, our licensors and/or certain other third parties, where stated. We or our licensors, as the case may be, retain all the rights, titles, and interests in and to the contents displayed on this platform, including, without limitation to, all intellectual property rights therein.

6.2 You therefore agree that you have no right to use any of our trademarks without our prior written consent.

6.3 All rights not expressly granted to You in these Terms and Conditions are reserved and retained by us or our licensors.

Indemnification

7.1 You agree to indemnify, hold harmless, and defend Realvest, the Parent Company, subsidiaries, and licensors, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation to reasonable attorney’s fees and fees of other professional advisers, arising out of or in connection with:

Your use of the services on our platform. Your online conduct in connection with the services.

Your (or anyone acting under your password or username) violation or breach of these terms;

Your Failure to comply with any applicable laws or regulations in connection with the services; or any of your dealings or transactions from use of the services.

Your (or anyone acting under your password or username) violation or breach of these terms; or Your Failure to comply with any applicable laws or regulations in connections with the services; or any of your dealings or transactions from use of the services.

7.2 You shall not settle any such claim without our prior written consent;

7.3 These obligations will survive any termination of these terms.

Governing Law

8.1 These Terms and Conditions upon your agreement either unequivocally or by conduct shall be deemed to be the Contract between us and it shall be governed by and interpreted in accordance with the Laws of the Federal Republic of Nigeria.

Severability

9.1 If any provision of these terms and conditions is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these terms and conditions and the remaining provisions will continue in full force and effect, so long as the economic or legal substances of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

Amendment

10.1 These terms cannot be modified, varied, amended or supplemented in any way by You. We reserve the right to modify, vary, amend or supplement these Terms and Conditions at periodic intervals. We will post the current version of these terms on this platform or send the same to you via your email address and each such change will be effective and binding upon posting on this platform or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and your acceptance of these terms and conditions as so modified.

10.2 Both parties agree that the Company shall review unilaterally the provisions contained herein at periodic intervals to include events/circumstances not catered for and the Purchaser shall be subsequently notified of same via mail or upload on his/her dashboard for a binding effect;

No Waiver

11.1 Any waiver by us of any of the provisions of these terms will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision unless expressly provided by us in writing.

Force Majeure

13.1 Events or Circumstances beyond the control of the parties that may prevent either of the parties from fulfilling any part of their contractual obligations shall not amount to a breach of contract. Events or Circumstances in this regard include but are not limited to War, Natural disasters, Government declarations, Curfew, Pandemic, Epidemic, and Hyperinflation. However, where any of these events occur, parties can mutually vary the terms of this agreement for purposes of maintaining the original intention of the parties in the agreement as against abandonment of same.

Non-Disparagement

Except as it may be required by law or legal process, you agree not to disparage Realvest or any of its officers, directors, shareholders, investors, potential investors, partners, predecessors, affiliates, subsidiaries, employees, consultants, attorneys, products, brands, or any others associated with the Company, by any means including but not limited to:

14.1 postings to blogs, social media, industry websites, employer review websites (for example, Glassdoor, Linkedin, or Indeed), consumer review websites (for example, Google Reviews or Yelp); or

14.2communications with accountants, investment bankers, commercial bankers, insurance brokers or carriers, media, journalists, reporters, equity analysts, investors, potential investors, customers, suppliers, competitors, joint venture partners, and regulators (including but not limited to the Securities and Exchange Commission).

For purposes of this Terms and Conditions, “disparage” shall mean any negative statement, whether written or oral, about Realvest, and any other associated products and trademarks.

Nothing contained in this Agreement is intended to or shall limit your ability to:

14.3 respond to a lawful subpoena;

14.4 to comply with any other legal obligation.

You hereby agree unequivocally that if a breach were to occur, it would be difficult to determine actual damages. Based on what is presently known, You and Realvest agree that ₦25,000,000 .00 (Twenty-Five Million Naira Only), is a reasonable estimate of the damages that would accrue if a breach occurred in the future. This amount of liquidated damages is fair and reasonable and would not act as a penalty to the breaching party.

You also agree that this non-disparagement provision is a material term of these Terms and Conditions, and also agree that even after the completion of the obligations herein, it will survive and subsist.

PRINCIPAL PROVISIONS

15.1 HomeVest Package

The HomeVest Apartment is packaged into investment in

  • One Bedroom Apartment;
  • Two Bedroom Apartment; and
  • Three Bedroom Apartment.

You are at liberty to choose from one of the packages offered above

15.2 Monthly Installment Payment/debit

Once you subscribe on the Website, you will be required to choose your mode of payment either through card or online transfer. You will also have the option to choose whether you want to be automatically debited monthly or you wish to make payment manually every time payment is due. Where you opt for manual payment, it is your responsibility to ensure that you do not fall into default, to avoid incurring default charges

15.3 Monthly Installment and Default

  • The Purchaser agrees to continue to make prompt monthly payments for the apartment after payment of the initial 30% deposit and the monthly equal installment to be paid by the Purchaser shall be determined by the Company;
  • Both Parties agree that every monthly default by the Purchaser shall attract a default charge of 20% of the monthly installment; that is where the purchaser defaults for one month, the monthly default charge of 20% of the monthly installment shall apply to such Purchaser;
  • Both Parties agree that where the Purchaser defaults for a cumulative period of three (3) months, the Purchaser’s subscription shall terminate immediately and the Purchaser shall be refunded less 30% administrative charge;
  • The Purchaser agrees that upon delivery of physical possession after the twelve months, he/she shall continue monthly payment for the subscription except where the Purchaser has completed the full consideration price for the apartment before delivery of physical possession;
  • Where the Purchaser subscribes for any of the payment plans earmarked above and makes payment of the initial 30% deposit but defaults for a cumulative period of three (3) months before hitting the 75% benchmark, the Purchaser’s subscription terminates immediately and the buyer can only reactivate his/her subscription at the prevailing market price as at the date of the attempt to revalidate;
  • Where the Purchaser is incapable of continuing the subscription in extenuating circumstances, the following options are available to the Purchaser;

    Convert to another available product of the Company provided that he/she has met up to 30% payment of the original subscription;

    Get another buyer to continue your subscription and effect a change of ownership at a 10% fee.

    Terminate the subscription

  • Parties agree that the refund policy shall strictly apply to a terminations.
  • The amount payable for both Documentation and Developmental levy shall be at the prevailing price and the same is exclusive of the total amount for the apartment;
  • Both parties agree that the Company reserves the right unilaterally to vary the price for the apartment to meet up with economic realities or inflation in building materials and same shall become binding on the Purchaser upon upload on the platform or notification via mail;
  • Where the Purchaser has taken physical or constructive possession of the apartment, the Company shall only be liable for construction defects in features of the property that occur within three (3) months of transfer of possession/allocation and any other defects that occur outside the three(3) month period shall be the exclusive responsibility of the Purchaser;
  • Both Parties agree that where the Company does not have the required number of subscribers for a Block of an apartment (Whether 1, 2, or 3 Bedroom Apartment) subscribed for by the Purchaser at a particular location, the following options are available to the Purchaser to chose from;

    Increase monthly subscription payment to cater for a standalone apartment at the exact location originally subscribed from;

    Reallocate the Purchaser to another location to erect the desired apartment originally subscribed for;

    Transfer of Funds paid by the Purchaser to another existing product of the Company (Land, etc);

  • You understand clearly that the payment made does not include or cover charges for the perfection of title to land subsequently in his/her name.

15.4 Delivery of Possession

  • Where you decide to opt into any of the payment plans for the apartment underscored above, the Company shall deliver up possession of the bedroom apartment within eighteen (18) months after the payment of your subscription;
  • In the event of extenuating circumstances that may prevent delivery of physical possession of the apartment to the Purchaser within eighteen months upon payment of the subscription, the Company shall expedite delivery of physical possession within a reasonable time that would be communicated to the Purchaser;
  • Reasonable time as stated above shall be construed to be an additional period of 9 months from the lapse of the normal delivery period of 18 months after the payment of the subscription;
  • Both Parties agree that delivery of physical possession to the Purchaser before completion of the payment of subscription does not guarantee ownership of the property, but only establishes tenancy for a fixed term of 3 months until the subscription is fully paid for, alongside complete payment of developmental and documentation fee;
  • Upon or after delivery of possession to the Purchaser and he defaults in payment for a cumulative period of three (3) months, Parties hereby agree that the Company shall serve a seven (7) days notice of the owner’s intention to recover possession of premises and upon service, you shall be evicted from the apartment immediately, and refund shall be done within 120 days less 30% Administrative charge of the original amount paid to the Company and less 20% as rent for the fixed tenancy, after resale of the property to a subsequent buyer by the Company;

15.5 Effect of Default After Taking Possession Before Completion of Payment

  • If you fall into default for three (3) cumulative months but have yet to complete your subscription, You shall be served with a Seven (7) days notice of the owner’s intention to deliver up possession immediately with no refund;
  • No delivery of title documents to the Purchaser where the Purchaser fails to complete payment for the apartment and payment for documentation and developmental levy.
  • The Purchaser agrees that where the Purchaser defaults for a cumulative period of three (3) months after taking possession, there shall be no refund of monies paid for the apartment save exceptional circumstances.

Duration of Payment

Your subscription shall be for a maximum period of the agreed tenure at the commencement of your subscription.

Both Parties agree that the different payment plans available are Outright Payment, Six(6) months payment plan, twelve (12) months payment plan, twenty-four (24) months payment plan; 60 months payment plan; and 84 months payment plan only;

Both Parties agree that the initial payment to be made by the Purchaser is 30% to evince the creation of a contract between the Purchaser and the Company;

15.5 Termination by Death

  • In the event of the death of a Subscriber, the next of kin shall notify the Company with the death certificate issued by a credible and certified hospital, as well as the grant of Probate or Letters of Administration in favor of the next of kin or other beneficiaries.
  • The beneficiaries of the estate of a deceased Subscriber shall have the following options:

    Effect a change of ownership, at no extra cost, and continue the payment for the apartment till completion; or

    Where payment for the apartment has already been completed by the deceased Subscriber, effect a change of ownership, at no extra cost.

  • Subscribers are advised to secure insurance cover for their subscription in case of death, to ensure that the beneficiaries can take benefit of the investment.

15.6 Change of Ownership

  • Change of ownership is permitted in the following situations:

    Where you are no longer able or interested in continuing with the payment of your subscription, you are at liberty to source for a new subscriber to take over the payment till completion;

    Where you have completed your payment and taken possession and you subsequently wish to sell the apartment to a new subscriber.

  • In any of the situations listed in (1) and (2) in this section above, the new Purchaser shall pay a 10% change of ownership fee of the total consideration for the property, continue the monthly installment till completion, and default fee if the former owner has an accumulated default;

15.7 Request for Corner Piece

  • You can ONLY request a Corner Piece Apartment Allocation where you have attained 75% payment of your subscription. You shall be charged the prevailing price for the cornerpiece or such other sum as may be communicated from time to time.

15.8 Request for Street Naming

  • You can ONLY make a request for a Street Naming where you have attained 100% payment of your subscription. You shall be charged the prevailing sum to expedite the same and that sum shall be communicated to you upon request.

16. Estate Management

  • You shall pay an Annual Service Charge for the provision of the following services, which include water, waste disposal, security, horticulture/gardening of the common areas, administrative fee, and such other services as may be communicated from time to time.
  • We reserve the sole right to administer the Estate
  • The service charge for the following purposes is payable upon the allocation of your apartment:

    Security

    Maintenance of common areas;

    Waste management;

    Water;

    Provision of prepaid meters;

17. Refund Policy

  • You hereby understand and agree that in addition to the various provisions above, for there to be a refund, the conditions in our refund policy which forms part of this agreement shall be strictly complied with.

18. Talk to us

  • If you have trouble using our platform with certain browsers or other software or if you want to let us know how we can improve accessibility or if you have any questions or comments, please let us know by getting in touch with us via our email at hello@realvest.ng. We appreciate your feedback as your suggestions can help us improve our service.