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.

1.1 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 pieces 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.

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. Prior to such cases, we undertake to give You due notification.

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.

3.1.4 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.

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 and 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.

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.

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.

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; 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.

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.

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.

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.

12.1 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 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.

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 disaster, Government Declaration, Curfew, Covid-19, Hyper-Inflation. 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.

The HomeVest Apartment is packaged into investment in

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

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, in order to avoid incurring default charges.

Duration of Payment

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

Principal Provisions

- 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;

- Where the Purchaser decides to opt in to any of the payment plan for the apartment underscored above, the Company shall deliver up possession of the two-bedroom apartment within twelve (12) months of payment of 75% of your subscription;

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

- The Purchaser agrees to continue to make prompt monthly payment for the apartment after payment of the initial 30% deposit and the monthly equal instalment to be paid by the Purchaser shall be determined by the Company ;

- Both Parties agree that where the Purchaser has made up to 75% of the cost of the apartment, the Company shall deliver up possession within twelve (12) months;

- Both Parties agree that every monthly default by the Purchaser shall attract a default charge of 20% of the monthly instalment; that is where the purchaser defaults for one month, the monthly default charge of 20% of the monthly instalment 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;

- In the event of extenuating circumstances that may prevent delivery of physical possession of the apartment to the Purchaser within the twelve months period upon payment of the 75% and above of the subscription, the Company shall expedite delivery of physical possession within a reasonable time that would be communicated to the Purchaser;

- The Purchaser agrees that upon delivery of physical possession after the twelve months period, 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 defaults at any point after payment of 75%, the Purchaser shall pay a 20% monthly default fee;

- Where the Purchaser subscribes for any of the payment plan 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;

- Both Parties agree that delivery of physical possession to the Purchaser upon payment of the 75% and above does not guarantee ownership of the property, but only establishes tenancy for a fixed term certain pending completion of payment for the apartment;

- Upon delivery of possession to the Purchaser and he defaults in payment for a cumulative period of three(3) months, the Company shall serve a seven (7) days notice of owner’s intention to recover possession of premises and upon service the Purchaser shall be evicted from the apartment immediately, and refund shall be done within 90 days less 50% Administrative charge of the original amount paid to the Company after resale of the property to a subsequent buyer by the Company;

- The amount payable for both Documentation and Developmental levy shall be at the prevailing price and 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 taking physical possession of the apartment, the Company shall only be liable for construction defect in features of the property that occur within One (1) month of taking possession and any other defects that occur outside the one(1) month period shall be the exclusive preserve of the Purchaser;

- 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;

- The Purchaser agrees that there shall be no refund of monies paid for the apartment save exceptional circumstances where the Purchaser defaults for a cumulative period of three (3) months after taking possession

- 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);

- Extension of time to deliver on the originally subscribed apartment and location

- 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.

Option To Take Possession Before Completion of Payment

Provided that you have been consistent with your monthly payment for the Apartment, and you have made payment of 75% of the subscription price, the Company shall deliver possession to the Purchaser within twelve (12) months of payment of the 75% subscription fee. That said, You are mandated to continue monthly payments even after reaching the 75% threshold. Your possession of the apartment is strictly a tenancy for a fixed term certain of three (3) months until you complete payment of your subscription and your title documents are delivered to you upon payment for Documentation andDevelopmental Levy.

Effect of Default After Taking Possession Before Completion of Payment

1. 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;
2. Where 75% deposit payment was made outright, you are still expected to continue your monthly payment for the period left to complete your subscription and delivery of possession shall be given to the Purchaser twelve (12) months after payment;
3. 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.

Termination by Death

In the event of 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 favour of the next of kin or other beneficiaries.

The beneficiaries of the estate of a deceased Subscriber shall have the following options:

1. Effect a change of ownership, at no extra cost, and continue the payment for the apartment till completion; or
2. 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.

Change of Ownership

Change of ownership is permitted in the following situations:

1. 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;
2. Where you have completed your payment and taken possession and you subsequently wish to sell the apartment to a new subscriber.
3. 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, and continue the monthly instalment till completion, and default fee if the former owner has an accumulated default;

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.

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.

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

Service Charges

Service charges for the following will apply upon allocation for your apartment:

1. Security
2. Maintenance of common areas;
3. Waste management;
4. Water;
5. Provision of prepaid meters;

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:

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
2. communications 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:

1. respond to a lawful subpoena;
2. 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.