Terms of Service
Please read these terms carefully before using our services
Last updated: March 28, 2025
These Terms of Service ("Terms") govern your use of the Thaton Realty website and services. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
Definitions
In these Terms:
- "Services" refers to the Thaton Realty website, applications, and all services provided by Thaton Realty.
- "User," "you," and "your" refer to any individual or entity using our Services.
- "We," "us," and "our" refer to Thaton Realty.
- "Content" includes text, images, photos, audio, video, and all other forms of data or communication.
- "Property Information" refers to details about real estate properties listed on our platform.
Account Registration and Responsibilities
Account Creation
To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Legal Capacity
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.
Services Description
Thaton Realty provides an online platform that allows users to browse, search, and list real estate properties in Zimbabwe. Our Services may include:
- Property listings and searches
- Property information and details
- User accounts and profiles
- Communication tools between buyers, sellers, and agents
- Property listing management tools for sellers and agents
- Appointment scheduling for property viewings
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
Property Listings and Information
Listing Properties
If you list a property on our platform, you represent and warrant that:
- You have the legal right to list the property for sale or rent.
- All information provided about the property is accurate, complete, and up-to-date.
- The property complies with all applicable laws and regulations in Zimbabwe.
- You have obtained all necessary permissions and consents to list the property.
- You will promptly update the listing if any information changes or if the property is no longer available.
Property Information Accuracy
While we strive to ensure all property information on our platform is accurate, we do not guarantee the accuracy or completeness of such information. Property information is provided by third parties, and we are not responsible for verifying its accuracy. Users should independently verify all property information before making any decisions or entering into any transactions.
Property Compliance
All properties listed on our platform must comply with the Real Estate Agents Act [Chapter 27:05] of Zimbabwe and any other applicable laws and regulations. Properties that do not comply with these requirements may be removed from our platform.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any laws, regulations, or third-party rights
- Providing false, inaccurate, or misleading information
- Impersonating any person or entity
- Using our Services for any fraudulent or illegal purpose
- Interfering with or disrupting our Services or servers
- Attempting to gain unauthorized access to any part of our Services
- Scraping, data mining, or otherwise collecting data from our Services without our consent
- Using our Services to send unsolicited communications
- Posting or transmitting any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
- Posting or transmitting any content that infringes on intellectual property rights
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing prohibited content, suspending or terminating accounts, and reporting violators to law enforcement authorities.
Intellectual Property Rights
Our Intellectual Property
The Thaton Realty name, logo, website, and all content and materials available on our platform (except for property listings provided by users) are protected by intellectual property laws and are owned by or licensed to us. You may not use, reproduce, distribute, modify, or create derivative works from any of our intellectual property without our prior written consent.
Your Content
By posting content on our platform, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, copy, modify, create derivative works from, and distribute such content in connection with our Services and our business operations.
Limitation of Liability
To the maximum extent permitted by law:
- Our Services are provided on an "as is" and "as available" basis without warranties of any kind.
- We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We are not responsible for the conduct of any users of our Services.
- We do not guarantee that our Services will be uninterrupted, secure, or error-free.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
- Our total liability for any claims arising from or related to our Services is limited to the greater of (a) the amount you paid us in the 12 months prior to the action giving rise to liability, or (b) ZWL $100.
These limitations of liability apply regardless of the basis of liability or the form of action.
Indemnification
You agree to indemnify, defend, and hold harmless Thaton Realty and its officers, directors, employees, agents, and representatives from and against any and all claims, damages, expenses, costs, or other liabilities (including reasonable attorneys' fees) arising from or related to your use of our Services, your violation of these Terms, or your violation of any rights of another.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any dispute arising from or relating to these Terms or our Services shall be resolved as follows:
- We encourage you to contact us first to try to resolve the dispute informally.
- If informal resolution is not possible, any legal action must be brought exclusively in the courts of Zimbabwe, and you consent to the jurisdiction of those courts.
This provision does not prevent us from seeking injunctive or other equitable relief in any jurisdiction.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, our Services, or legal requirements. The updated Terms will be posted on our website with the "Last Updated" date at the top. Your continued use of our Services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using our Services.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of our Services.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without your consent.
Contact Us
If you have any questions or concerns about these Terms or our Services, please contact us at:
Thaton Realty
Travel Centre - 1st Floor
Corner Jason Moyo & 3rd St
Harare, Zimbabwe
Email: [email protected]
Phone: +263 77 992 5122