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OwnJointly (the “Platform”, www.ownjointly.com or “OwnJointly App”) is thebrainchild of Xymbolic Cooperative Multipurpose Society Limited, a CooperativeSociety duly registered under the Laws of Lagos State of Nigeria, and whose missionis to empower its members to collectively realize their economic aspirations, whilestrengthening their social and human capital, and also developing their communities.OwnJointly seeks to build a co-ownership community with the sole aim of simplifyingaccess to income-producing real property.
These Terms and Conditions (“Terms”) govern the access to and the use of thisPlatform, including both mobile and online versions, online and mobile services (e.g.,apps) and software made available by Xymbolic Cooperative Multipurpose SocietyLimited (“Xymbolic”, “we”, “our” or “us”), as updated from time to time. TheseTerms also govern your use of interactive features, widgets, plug-ins, applications,content, downloads and/or other services that we own and control and that post alink to these Terms and Conditions, regardless of how you access or use any of theservices on our Platform, whether via computer, mobile device or otherwise.
By using any of our Services, you acknowledge and accept our Privacy Policy (NOTE TO THE OPERATOR; “PRIVACY POLICY” SHOULD BE IN HYPERLINKSO THAT THE CUSTOMER CAN CLICK THE LINK AND BE DIRECTED TO THEPRIVACY POLICY), and consent to the collection and use of your data inaccordance with the said Privacy Policy.
Please carefully read the Terms below before subscribing to the real estateopportunities listed on this Platform. Once you create a Membership Account on ourPlatform by signing up to use our Platform, either by phone or through our mobileapplications or by any other available channel, you agree to be bound by theseTerms, the Privacy Policy, the bye-laws, and all other operating rules or policies thatmay be published by us from time to time on this platform, each of which isincorporated by reference into these Terms and forms part of these Terms.
1.1 The real property opportunities provided on this Platform are for thedirect benefit of our members, and you agree that upon signing up onour Platform, you shall be consenting to being a member of/enrolled inXymbolic Cooperative Multipurpose Society Limited, and shall adhere toour bye-laws (NOTE TO THE OPERATOR; “BYE-LAWS” SHOULD BEIN HYPERLINK SO THAT THE CUSTOMER CAN CLICK THE LINKAND BE DIRECTED TO IT).1.2 You may use our services or benefit from our opportunities only if youhave attained the age of eighteen (18) years or older, and are capable offorming a binding contract with us.1.3 If you are seeking to benefit from the co-ownership opportunities listedon this Platform on behalf of a Company, a minor, or other legal entity,you undertake to obtain the requisite authority to bind that entity to theseTerms.1.4 You agree to provide such membership registration data which willcontain information about you, as may be prompted by any registrationform on this platform, and to keep such data updated at all times.Furthermore, you agree to ensure that the information/data provided isaccurate and truthful.1.5 In the event that you are provided with or you choose to provide a useridentification code, password, or any other piece of information as part ofour security procedures, you agree to treat such information asconfidential and not to disclose it to any third party. Furthermore, youagree that once you are granted access to this Platform, and accordinglyenrolled as a member, such access right is not transferable to any otherperson.
1.2 You may use our services or benefit from our opportunities only if youhave attained the age of eighteen (18) years or older, and are capable offorming a binding contract with us.
1.3 If you are seeking to benefit from the co-ownership opportunities listedon this Platform on behalf of a Company, a minor, or other legal entity,you undertake to obtain the requisite authority to bind that entity to theseTerms.
1.4You agree to provide such membership registration data which willcontain information about you, as may be prompted by any registrationform on this platform, and to keep such data updated at all times.Furthermore, you agree to ensure that the information/data provided isaccurate and truthful.
1.5In the event that you are provided with or you choose to provide a useridentification code, password, or any other piece of information as part ofour security procedures, you agree to treat such information asconfidential and not to disclose it to any third party. Furthermore, youagree that once you are granted access to this Platform, and accordinglyenrolled as a member, such access right is not transferable to any otherperson.
2.1 You agree that the opportunities listed on this Platform are an invitationto treat, and that you make an offer when you subscribe to any of theopportunities that are appropriate to your financial situation, risk appetiteand risk tolerance. After you subscribe to any of the opportunities listedon this platform and make the required payment, you will receive anemail confirming receipt of your subscription or we may post aconfirmation message on the website or through in-app messaging.
2.2 The acceptance of your offer by us will only be effective when wetransmit a certificate of beneficial ownership/purchase to you via theemail provided by you within forty-eight (48) hours from our subscriptionconfirmation email, and its purpose will be to acknowledge your interestas a co-owner of the real property comprised in the opportunitysubscribed to by you.
2.3 You agree that by co-owning any of the real property presented on thisplatform, you will observe the minimum holding period ascribed to theproperties, and that the sum paid by you as principal will be unavailableto you for the duration of the holding period. However, at the end of theminimum holding period, you can choose to redeem your principal andthe accrued interest on any of the real property opportunity yousubscribe to or you can choose to roll over your capital and renew yourplan for another term, except for projects that have a fixed tenure.
2.4 You shall be entitled to receive periodic updates on the performance andstatus of the real property opportunity subscribed to by you via the emailaddress contained in your membership form or as updated by you fromtime to time. The updates will also be uploaded to your MembershipDashboard and you agree to review the updates as they representprogress trackers for the real estate opportunities you have subscribedto via your membership account.
2.5 You agree and accept that you do not exclusively own any of theproperties contained in your OwnJointly Portfolio and that you are onlyentitled to share the return generated therefrom and/or capital gain fromthe sale, thereby entitling you to the economic interest attached to theproperties, payable in accordance with the subscription terms, andCertificate of Beneficial Ownership/Purchase.
3.1 You agree that the opportunities listed on this Platform are an invitationto treat, and that you make an offer when you subscribe to any of theopportunities that are appropriate to your financial situation, risk appetiteand risk tolerance. After you subscribe to any of the opportunities listedon this platform and make the required payment, you will receive anemail confirming receipt of your subscription or we may post aconfirmation message on the website or through in-app messaging.
3.2 There are instances where your access to the Platform will be impededand those instances are as follows:
3.2.1 When you violate any of the provisions of these Terms, theprivacy policy, bye-laws and all other operating rules or policiesthat may be published by us from time to time on this platform.
3.2.2 When you provide inaccurate registration data; in which case,your access to the platform may be suspended, withdrawn ordiscontinued.
3.2.3 When we carry out routine maintenance or effect an update or anupgrade to the Platform; in which case, due notification will begiven to you.
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OwnJointly (the “Platform”, www.ownjointly.com or “OwnJointly App”) is the brainchild of Xymbolic Cooperative Multipurpose Society Limited, a Cooperative Society duly registered under the Laws of Lagos State of Nigeria, and whose mission is to empower its members to collectively realize their economic aspirations, while strengthening their social and human capital, and also developing their communities. OwnJointly seeks to build a co-ownership community with the sole aim of simplifying access to income-producing real property.
These Terms and Conditions (“Terms”) govern the access to and the use of this Platform, including both mobile and online versions, online and mobile services (e.g., apps) and software made available by Xymbolic Cooperative Multipurpose Society Limited (“Xymbolic”, “we”, “our” or “us”), as updated from time to time. These Terms also govern your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and that post a
link to these Terms and Conditions, regardless of how you access or use any of the services on our Platform, whether via computer, mobile device or otherwise.
By using any of our Services, you acknowledge and accept our Privacy Policy , and consent to the collection and use of your data in accordance with the said Privacy Policy.
1. User Requirement
1.1 The real property opportunities provided on this Platform are for the direct benefit of our members, and you agree that upon signing up on our Platform, you shall be consenting to being a member of/enrolled in Xymbolic Cooperative Multipurpose Society Limited, and shall adhere to our bye-laws .
1.2 You may use our services or benefit from our opportunities only if you have attained the age of eighteen (18) years or older, and are capable of forming a binding contract with us.
1.3 If you are seeking to benefit from the co-ownership opportunities listed on this Platform on behalf of a Company, a minor, or other legal entity, you undertake to obtain the requisite authority to bind that entity to these Terms.1.4 You agree to provide such membership registration data which will contain information about you, as may be prompted by any registration form on this platform, and to keep such data updated at all times.
Furthermore, you agree to ensure that the information/data provided is accurate and truthful.1.5 In the event that you are provided with or you choose to provide a user identification code, password, or any other piece of information as part of our security procedures, you agree to treat such information as confidential and not to disclose it to any third party. Furthermore, you agree that once you are granted access to this Platform, and accordingly enrolled as a member, such access right is not transferable to any other
person.
2. Co-Ownership Terms
2.1 You agree that the opportunities listed on this Platform are an invitation to treat, and that you make an offer when you subscribe to any of the opportunities that are appropriate to your financial situation, risk appetite and risk tolerance. After you subscribe to any of the opportunities listed on this platform and make the required payment, you will receive an email confirming receipt of your subscription or we may post a
confirmation message on the website or through in-app messaging.
2.2 The acceptance of your offer by us will only be effective when we transmit a certificate of beneficial ownership/purchase to you via the email provided by you within seventy-two (72) hours from our subscription confirmation email, and its purpose will be to acknowledge your interest as a co-owner of the real property comprised in the opportunity subscribed to by you.
2.3 You agree that by co-owning any of the real property presented on this platform, you will observe the minimum holding period ascribed to the properties, and that the sum paid by you as principal will be unavailable to you for the duration of the holding period.
However, at the end of the minimum holding period, you can choose to redeem your principal and the accrued interest on any of the real property opportunities you subscribe to or you can choose to roll over your capital and renew your
plan for another term, except for projects that have a fixed tenure.
2.4 You shall be entitled to receive periodic updates on the performance and status of the real property opportunity subscribed to by you via the email address contained in your membership form or as updated by you from time to time. The updates will also be uploaded to your Membership
Dashboard and you agree to review the updates as they represent progress trackers for the real estate opportunities you have subscribed to via your membership account.
2.5 You agree and accept that you do not exclusively own any of the properties contained in your OwnJointly Portfolio and that you are only entitled to share the return generated therefrom and/or capital gain from the sale, thereby entitling you to the economic interest attached to the properties, payable in accordance with the subscription terms, and Certificate of Beneficial Ownership/Purchase.
3. Access to our Platform
3.1 We provide you access to our Platform at no cost to you. However, we cannot guarantee you that access to the Platform will always be available or uninterrupted.
3.2 There are instances where your access to the Platform will be impeded and those instances are as follows:
3.2.1 When you violate any of the provisions of these Terms, the privacy policy, bye-laws and all other operating rules or policies that may be published by us from time to time on this platform.
3.2.2 When you provide inaccurate registration data; in which case, your access to the platform may be suspended, withdrawn or discontinued.
3.2.3 When we carry out routine maintenance or effect an update or an upgrade to the Platform; in which case, due notification will be given to you.
4. Limitation of Liability
4.1 To the full extent permissible by law, in no event shall Xymbolic, its affiliates, agents and trustees, be liable under contract, tort, strict liability, negligence, agency relationship, or any other legal or equitable theory with respect to any of the following:
4.1.1 Any liability for any direct, indirect, or consequential loss or damage incurred by any member in connection with our Platform or in 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 income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings/returns; loss of data; loss of goodwill; wasted management or office time; and for any other lossor damage of any kind, however arising and whethercaused by tort (including negligence), breach of contract orotherwise, even if foreseeable.
4.1.2 Any bugs, viruses, trojan horses or the like (regardless of the source of origination).
4.2 You hereby release Xymbolic and hold it, its trustees and employees harmless from any and all 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 withyour use of the Services on our Platform. You waive the provisions of any state or local law limiting or prohibiting a general release.
4.3 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 Xymbolic, its trustees, 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 otherrights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services.
5. Disclaimer
5.1 It is important to note that your subscription to any of our real property opportunities and your use of our services are at your sole risk, as the real estate opportunities 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 an advice regarding, any investment, secured or otherwise.
5.2 We may from time to time make reference 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.
5.3 We are not a registered broker-dealer, investment advisor or crowdfunding intermediary and we do not engage in any conduct that would require registration with the Securities and Exchange Commission or the Nigerian Stock Exchange.
5.4 Our real property opportunities listed on this platform should not be construed as an invitation by or on behalf of Xymbolic to the general public to subscribe to any investment.
6. Third-Party Websites and Links to our Services
6.1 We may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Services. When you access third-party websites, you will be leaving ownjointly.com and you do so at your own risk. Those other websites are not under our control, and you acknowledge that we will not be liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.
6.2 We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services on our Platform, so long as:
a) the links only incorporate text and do not use any of our
Trademark;
b) the links and the content on your website do not suggest any affiliation with Xymbolic or cause any other confusion; and
c) the links and the content on your website do not portray ownjointly.com or its services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to our Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. The inclusion on another website of any link to our Services does not imply endorsement by or affiliation with us. You further acknowledge and agree that we shall not be liable for any damage related t the use of any content, goods, or services available through any third-party website or resource.
7. Intellectual Property Rights
7.1 Except for the rights expressly granted under these Terms:
7.1.1 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 Xymbolic, 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.
7.2 You agree that you have no right to use any of our trademarks without our prior written consent.
7.3 All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors.
8. Indemnification
8.1 You agree to indemnify, hold harmless, and defend us, our trustees, and our employees 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:
a) Your (or anyone acting under your password or username) violation or breach of these Terms, our bye-laws or any operating policies published by us from time to time;
b) 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.
8.2 You shall not settle any such claim without our prior written consent.
8.3 These obligations will survive any termination of these Terms.
9. Governing Law
9.1 It is important to note that your subscription to any of our real property opportunities and your use of our services are at your sole risk, as the real estate opportunities 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 an advice regarding, any investment, secured or otherwise.
10. Severability
10.1 If any provision of these Terms is determined by any Court of Competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
11. Amendment
11.1 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 at any time and from time to time. 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 upon posting on this Platform or upon the date designated by us as the “effective date” (if any).
11.2 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.
12. No Waiver
12.1 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.
13. Communication and Feedback
13.1 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 info@ownjointly.com. We appreciate your feedback as your suggestions can help us improve our service.
13.2 In the event that you provide us with feedback, insights, and suggestions, you agree that we will own and have a royalty-free right to exploit any such feedback, suggestions, and insights provided by you concerning the functionality, features, and performance of the Platform, as well as any ideas that you share with us on how to make our platform better, including without limitation to the identification of errors or bugs or any suggested fixes or workarounds, improvements, modifications, or enhancements ("User Feedback"). Furthermore, you agree that the provision of any User Feedback by you will be gratuitous, non-confidential, unrestricted, and made without any right to receive any compensation in return.
