These General Conditions of Service and Use ( hereinafter “Terms of Use” ) apply to all services offered on koutchoumi.com and govern the relationship between KOUTCHOUMI (website editor) and any physical or moral person in search or in use of its services. KOUTCHOUMI thus offers to its Users free services all accessible on its homepage, itself accessible by clicking on the banner KOUTCHOUMI located in the upper part of the pages:
- Specification of the Services
a) Ads. The ads are captured and uploaded by estate agents (or realtors) promoting the properties for which they concluded a term of sale.
Overall, the Users are invited by KOUTCHOUMI to pay a special attention to the inherently risky nature of a real estate transaction. It is the User’s responsibility to exploit this information with a critical mind and with discernment including advice on pricing the property market. The goal of this information is in no way to influence the free will of the Users who keep the right to choose.
However, KOUTCHOUMI built up a process to ensure that the advertisers are trustworthy. But this does not exclude the fact that Users must be cautious.
In lodging an advertisement KOUTCHOUMI is given non exclusive mandate by the User (real estate broker or Real Estate Agency) to freely engage reproduction and public exposure on the website. These Terms of Use must be considered along with all elements related to the property, including photographic and textual elements associated with the ad of property sale. KOUTCHOUMI is also allowed to display its users’ contact information (not its own) on every advertisement. It is expressly agreed that the mandate thus conferred does the burden of any activity through KOUTCHOUMI especially no customer research mandate, linking potential buyers of the property, sale of the property, trading, etc . By submitting the ad through KOUTCHOUMI’s service, the User represents and warrants being honored recipient of a mandate and acting in compliance with the regulations. The mandate is given for a period of two months. After this period, the ad expires and is no longer accessible. It is up to the User to extend its validity for 2 more months if the property is not sold yet. However, if the property is sold before expiration, the User agrees to remove the Ad, no matter the situation.
The filing of an ad is processed by validating the registration form available on the internet page of the website dedicated to this purpose. KOUTCHOUMI immediately considers the ad once it’s validated by the User. They must therefore check the ad online and inform KOUTCHOUMI of any inconsistency with the property advertised. To this end, the User can use the Contact page. KOUTCHOUMI reserves the right, with the prior consent of the User, adapting the text of the ad, without changing the meaning or reclassify it for the sake of clarity and consistency and to facilitate public understanding. The image processing is performed by the User at the filing of the Ad. Reproduction on the website will thus be related to its quality. The User guarantees that the text description of the property and the provided photographs describe and accurately represent the property advertized and that they are not likely to mislead the public into error. Moreover, KOUTCHOUMI reserves the right not to diffuse a loaded document, of very poor quality, or which contents do not match the text of the Ad. The company also reserves the right to refuse publication of an incomplete advertisement or one that could violate these Terms and Conditions.
During the mandate referred to in Section 2, the User allows KOUTCHOUMI to advertize their properties on other websites in partnership with the company.
KOUTCHOUMI collects personal information provided by the Users during their visit to the website. This collection allows:
Any User of koutchoumi.com may at any time request that their personal information not be disclosed to third parties. KOUTCHOUMI undertakes to use its best efforts to protect the Users’ personal information, and in particular to prevent distortion, damage or disclosure to any unauthorized third party.
KOUTCHOUMI draws the attention of its Users to the fact that it is their responsibility to implement all measures necessary to maintain the confidentiality of the password giving them access to services. Computers connecting to koutchoumi.com servers receive on their hard drive one or several files in a very small text commonly called “Cookies”. Cookies record information about the navigation on koutchoumi.com carried out from the computer where you stored the “cookie” (the pages consulted the etc, date and time of visit, etc…). They identify successive visits made from the same computer. The Users have the freedom to oppose the recording of “cookies”. To do this, they can configure their internet browser functionality on their browser. However, KOUTCHOUMI draws the attention of the Users to the fact that, where appropriate, access to certain services on the website may be altered, if not impossible.
KOUTCHOUMI wishes to contribute to the development on Internet of fair practices and consistent with the moralities. KOUTCHOUMI attaches particular importance to the fight against the spread of illegal contents (abusive, defamatory, racist, xenophobic, revisionist, pedophile…) and child protection. Therefore, KOUTCHOUMI is committed to contributing to the action of the authorities which request it. The User undertakes not to use the website in a manner that would violate or breach against any regulation or law, and in particular not to provide data:
The User also agrees the followings:
Information (texts and images) conveyed to KOUTCHOUMI in the context of an advertisement within the meaning of Section 2 of these Terms of Use is provided, published and/or posted online under the sole responsibility of Advertisers. KOUTCHOUMI will not check in particular the Users’ ability to present these ads and their compliance through the exercise of their business, quality, operation, safety, transferability, conformity, the general condition of the advertized properties. Information published and/or posted online in the listings are thus not likely to be comprehensive, complete, and current, and it is up to the Users to verify the information before entering into any contract. KOUTCHOUMI could not be in any way responsible for the accuracy of listings and compliance of the property sold, the company not being able to undertake the review of this exactitude, the truthfulness, and timeliness of information published and/or posted online. The responsibility of KOUTCHOUMI can in no way be in connection with a dispute arising under a particular contractual relationship with any third party regarding an Ad within the meaning of Section 2 above.
Therefore, KOUTCHOUMI could not be held liable for any dispute between a User and a real estate professional (excluding KOUTCHOUMI) whose ads are referenced on koutchoumi.com.
Finally, KOUTCHOUMI makes its best efforts in order to propose a service available online 7/7 24/24 given that the company may at any time suspend the access for technical reasons in particular related to the needs of maintaining the website, without being committed for any direct or indirect damage, no matter what it may be (including loss of profit, anticipated savings or loss of opportunities) related to the inability to use the website.
The company names, marks and characteristics displayed on the website and its contents (graphic convention, look and feel, leading contents, etc), other than the components of the Ads belong to KOUTCHOUMI. No reproduction or representation be it partial of whole or part of one of the elements is strictly prohibited and must be approved by KOUTCHOUMI prior any action or as regards components of the Ads of its author.
KOUTCHOUMI reserves the right to constantly revise the terms, conditions and warnings of these General Terms. Consequently, the User is invited to consult the site regularly in order to be kept updated of any change to these Terms of Use.
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