Terms & Conditions
Please read these Terms and Conditions of Use carefully as they contain important information about your rights and obligations when using the website www.lexpressproperty.com .
Particular attention should be brought to Clause 6 (Warranty) and Clause 7 (Liability).
1. Welcome to lexpressproperty.com
Thanks for using lexpressproperty.com, hereinafter referred to as the “Website”. The Website is not a real estate agency, and acts neither as a real estate intermediary nor as an agent serviced by the owner, but solely as a hosting platform. It is a website which is developed and managed by Mediatiz Ltd, a Private Limited Company which registered office is located at Royal Road, Fond du Sac – 20 602 – Mauritius.
You can also contact us here. Our VAT number is [VAT 20453221] and BRN number is [C08079756].
1.2. These terms represent the whole agreement between you and us.
1.3. By using this Website, you are agreeing to these Terms. Please read them carefully.
1.4. You should make proper use of the Website and the system of ads publishing. Please refer to Clause 3.
1.5. You may print and keep a copy of these Terms. They represent a legal agreement between us and cannot be unilaterally modified by you without our written consent. We may change these Terms at our discretion by changing them on the Website. Only the displayed version of these Terms remain applicable whenever you use this Website.
2. Intellectual Property
a) The content of this website is protected by copyright, trademark, database and other intellectual property rights.
b) You may copy or store the content of this website only for your own personal, non- commercial use, provided you keep intact all copyright and proprietary notices.
c) It is strictly prohibited to make use of this website other than for the viewing of information displayed on this website, for ordering purposes and for sponsoring your friends.
The copyright and all other intellectual property rights in this Website (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to Clause 3, you may download material from this Website for the sole purpose of using this Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.1. Without limitation to Clause 2, the mark is our registered trademark. You are not authorized to use or copy it without our prior written consent.
2.2. This Website contains links to websites other than lexpressproperty.com (“linked websites”) operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not form any opinion on any products or services advertised on those websites. If you decide to access any linked website, you do so at your own risk.
2.3. The details of the properties available on this Website are provided to us by our affiliated estate agents and individuals for your information only. We have not independently verified these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
3. Your obligations and Conduct
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and that your computer system is compatible with this Website.
3.1. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
3.2. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Website, other than the home page at http://www.lexpressproperty.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our ads publishing system and this Site. Obtaining access to any part of our ads publishing system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
3.3. You must not include links to this Website in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on this Website other than the home page at http://www.lexpressproperty.com without our prior written consent.
3.4. You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the website.
To receive details of properties on this Website, you must submit a completed registration form to us. At our discretion, we may either accept or refuse your application for registration. Upon acceptation of your application for registration, we will send you a confirmation email containing your account ID and password.
4.1. Each registration is for a single user only. You cannot share your username and password with any other person or with multiple users on a network.
4.2. You acknowledge that all information provided by you for the purposes of registering with us is accurate and complete.
4.3. You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this website. You will notify us immediately of any unauthorised use of them or any other breach of security of this Website of which you become aware.
The exchange rates provided by this converter are indicative only. At no time should they be considered as equivalent to the rates applied by the bank. Customers should therefore contact bank officials for the market rate prior to entering into any firm transaction. It is understood and agreed that under no circumstances whatsoever shall MCB be liable for any direct/indirect or consequential loss arising from the use of these rates.
5.1 Price of properties advertised
Prices, photos and descriptions indicated on lexpressproperty.com are solely for informative purposes. Information have been provided by agencies and individual sellers and may be subject to modifications without notice. lexpressproperty.com disclaims all liability in case of errors or misinterpretations or any misuse of adverts. The purchase or rental of a real estate property cannot be made online, and will be subject to the contract’s terms and conditions discussed among the agency/the individual seller and the purchaser. It is noteworthy that the final price of a property is SOLELY determined by the seller (agency or individual). Although great care has been taken to ensure the accuracy of all information, the Website may contain inaccuracies and non-available products’ references, for which lexpressproperty.com shall not be liable for.
Whilst we endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
6.1. Due to the nature of software and the Internet, we do not warrant that your access to, or the running of this Website will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
6.2. The information provided on this Website is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Website is accurate, complete and up-to-date we make no warranties or representations that this is the case.
6.3. We make no warranty that the Website or information displayed on it, complies with laws other than those of Mauritius.
7. Restriction from the Website
We reserve the right to restrict users from this Website and/or restrict and/or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Website under any other name or through any other user.
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
8.1. Subject to Clause 8, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
8.2. Subject to Clause 8, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
8.3. We may put in place such systems as we from time to time deem fit to prevent automated programs being used to obtain unauthorised access to our system and this Website. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to Clause 8, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Website.
8.4. Subject to Clause 8, we accept no liability for any loss suffered as a result of your use of this Website or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
8.5. Subject to Clauses 8 to 8.2 inclusive, we shall not be liable to you for:
8.5.1. Any indirect, consequential, special or punitive loss, damage, costs and expenses;
8.5.2. Loss of profit;
8.5.3. Loss of business;
8.5.4. Loss of reputation;
8.5.5. Depletion of goodwill; or
8.5.6. Loss of, damage to or corruption of data.
8.6. When you use the "contact forms" on this Website to enquire about properties, your details (including your email address) will be sent by email directly to the real estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that real estate agent or developer.
9. Applicable Law and Jurisdiction
Mauritius Laws shall apply to the present Terms and Conditions. The courts of Mauritius will have exclusive jurisdiction to hear any dispute which may arise out of, under, or in connection with these Terms.
All notices must be forwarded to us via our Contact Form or by post to Mediatiz Ltd on postal address: Royal Road, Fond du Sac, 20602, Mauritius.
All notices will be forwarded to you by email to the email address provided to us during your registration.
All notices sent by email will be deemed to have been received on receipt (or, when received on a national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
11. Customer Feedback and Quality
We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you wish to make about how we may improve our service. Please write to us at [email protected], lexpressproperty.com, Mediatiz Ltd., Royal Road, Fond du Sac – 20 602- Mauritius, or via our Contact Form. We aim to acknowledge all customer feedback within two working days.
Phone calls directed to our advertisers may be recorded for training and quality purposes.
From time to time, we may amend the content of this Website, suspend or discontinue any aspect/functionality of this Website, including your access to the Website. Subject to our notifying you to the contrary, any amendments or new content to this Website will be subject to these Terms.
13. Contractual Agreement
These Terms represent the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms.
14. Use of the Website as an individual:
To use the advert publication service offered by the website, you must:
- Be the owner of the property or his non-professional agent duly entitled to sell or rent the property offered on the Website; not be a an “agent commercial” as per the Code de Commerce for the reservations of the Website members in place of the owner; this office must be voluntary.
- Create an account and provide your account information that is correct and complete at the time of your subscription and keep it up to date.
- Complete the description form for the advertisement precisely, choose a publication formula and pay the total amount due.
- Enter only one ad on the authorized duration of publication.
Your advert must:
- Comprise a description, in accordance with your legal and regulatory obligations, which must be detailed and in conformity with the location, the composition of a property and its parts, and its furnishings.
- Comprise only pictures and/or plans of the real estate property in question.
- Present the same property and an identical composition throughout the duration of the publication, (e.g. the same advertisement cannot propose the hiring of a villa and subsequently be transformed to propose the hiring of the 1st storey of the villa or part of the property).
- Display rates for rentals or sales (in particular committing yourself not to propose a zero or very low rate).
- Comprise solely elements (such as photographs, charts, etc.….) for which you have all the necessary rights or authorisations particularly royalties, reproduction rights, etc.
- Be held and updated sufficiently regularly in order to preserve correct and complete data on the site.
- Be unique: two similar ads presenting exactly the same property at the same price are not allowed.
15. Use of the Website as a real estate professional (estate agency or property developer):
To use the advert publication service proposed by the Website, you must:
- Be a real estate professional, expressly authorised by a property owner to find a potential customer for the said property via the site.
- Create an online account and provide in your account complete and accurate details at the time of subscription and update them.
- Subscribe to an annual subscription formula for the publications and pay for the publication formula either annually or monthly.
- Complete accurately the advertisement description forms.
Your advert must:
- Comprise a description, in accordance with your legal and regulatory obligations, which must be detailed and in conformity with the location, the composition of a property and of its parts, and its furnishings.
- Feature the same property and an identical composition throughout the period of the publication, (e.g. the same advertisement cannot propose the hiring of a villa and subsequently be transformed to propose the hiring of the 1st storey of the villa).
- Display real rates for rentals or sales (in particular committing yourself not to propose a zero or very low rate).
- Comprise solely elements (such as photographs, charts, etc….) for which you have all the necessary rights or authorisations particularly royalties, reproduction rights, etc.
- Be held and updated sufficiently regularly in order to preserve correct and complete data on the site.
If you have any queries or comments about the policy, our use of your personal information or wish to unsubscribe from messages from us, please contact us via [email protected] or by writing to c/o Mediatiz Ltd. Royal Road, Fond du Sac - 20 602- Mauritius.
In compliance we the Data Protection Act 2004,, we use the information we collect about you to:
- Pass your messages on to our advertisers and help them provide more personalised services to you.
- Provide information services to relevant third parties.
- Improve the features and services we offer.
- Support our own marketing and promotion efforts.
- Keep you informed with information relevant to your interests.
Personal information collected
When you visit, register or use the services on this Website, you may be asked to provide certain information about yourself, including your name and your contact details. We may also collect information about how you use this Website including your searches, the properties and pages you look at, the advertisers or partners you contact and the contents of the emails you send to them. Finally, we may also collect information from any correspondence that you have with us. Collectively, we refer to this as "Your Information".
All of the forms where you might enter personal information on our Website have tick box options to enable you to specify your consent (or otherwise) to our use of Your Information. We always use the most recently submitted form to be your current consent status. If you are a registered user, but not signed in when you submit a form, we won’t be able to use your saved settings so will deem your consent choice to be as per the form you submit at the time.
How we use Your Information
Your Information will enable us to provide you with access to all parts of this Website and to supply the services and features that you have requested. We may aggregate the information to identify patterns which we can use in our marketing and to help us develop, administer, support and improve our services and features.
We may use Your Information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Website or our services. Where you have consented, we may also use Your Information to contact you with details about any other products or services we or our partners or advertisers offer that may be of interest to you. Where you have consented to being contacted by third parties, we may make Your Information available to them. If you change your mind about being contacted in the future, please contact us here and tell us.
The following features, by their nature, require and make use of personally identifiable information.
The information that you enter into any of the forms we offer to allow you to contact advertisers is recorded by us and then sent to the advertiser that you chose to contact. This helps them provide you with a more personalised service. We also send the advertiser details of your last search to help them find property that matches your requirements more closely. If you are a registered user and signed in when you contact an advertiser, we include your settings to help them to provide more personalised services to you.
Email a Friend
When you use the email a friend feature of this Website we record which properties you have sent to the friend, solely so that we can track the popularity of those properties. We record the other details provided in the email for internal monitoring of the service. We will NOT add any information collected in this manner to our mailing lists or inform the advertiser, to protect you and the recipient’s privacy.
Registering with us
If you register with us, we save the details you provide and use them to enable us to personalise the service we offer to you. You can update your details at any time via the Website. When you are signed in, we automatically pre-populate your saved details on contact forms.
If you register with us and save properties you are interested in, we can identify which properties you have saved. We may anonymously aggregate these details to indicate how many users have saved a particular property, but we will not make available to third parties any personal data relating to which users have saved which properties.
Using the property alerts and saved searches
If you register with us, save searches and/or use the property alerts feature to receive notification when new properties matching your criteria are added to this Website, we record the settings you use and which properties have been sent to you. We do not make any information about any property that has been sent to you available to our advertisers or third parties.
Facebook application hosting : You can login to the Website through Facebook
The Website has launched its own Facebook page. Web users wishing to make use of this Facebook application should beforehand read and approve the following Facebook terms and conditions:
Who has access to the information you provide or we collect
We retain access to all personal information that we have collected from you.
When our service is available via the websites of our partners, those partners may have access to Your Information. Their use of your personal information is governed by their privacy policies. We are not responsible for the privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We therefore recommend that you check the policy of each site that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business enters into a joint venture with or is sold to or merged with another business entity, Your Information may be disclosed to our new business partners or owners.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass Your Information to them in order to deliver the service. By using this site you consent to us providing Your Information to the third parties licensed by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) Your Information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your data to anyone who is not also registered with the Data Protection Commissioner in pursuance to the Data Protection Act 2004 or is not subject to these or similar provisions in our contract with them and we will not allow the third party to use Your Information commercially without your consent.
We will not otherwise disclose, sell or distribute Your Information to any third party without your permission unless we are required to do so by law.
Access to, changing or removing the information we hold
Registered users of this Site can update their information or change settings of their account in the « My account » page once signed in. Users of this Site can request we provide them with a copy of the personally identifiable information we hold via contact us form. You may ask us to make any necessary changes to ensure that such information is accurate and kept up-to-date. We may charge a small administration fee to cover the data search, preparation and delivery.
You may browse our Website, read articles and other materials, and check on product and service offerings without giving us any personally identifiable information. However, once you have chosen a particular product or service, we may request and retain specific information about you such as:
- Contact details including name, e-mail address, home address and phone number.
- Demographic information such as age, gender, hobbies or interests, and family information.
- Financial information including credit card and/or bank account numbers.
- Website activities based information such as user name and password, IP address, browser type, domain name, access times and referring website address.
We conduct market research in an effort to continually improve our publications and websites and may purchase lists of potential customers from third parties. Those lists may include information on current users. This information is included in our database. That helps us, for example, minimize multiple mailings and e-mailings, and provide information tailored to your interests.
If you contact us through the website (by clicking on the “contact us”) button or by calling a website-issued telephone number or by email, we will collect information related to that communication. If the communication is by telephone, we will collect information related to the call, including your telephone number and the duration of the call. If the communication is by email, we will collect the content of the email in addition to other information related to the email. Without limiting any other provisions of this Policy, you expressly agree that we may use this data (“impression data”) to enforce our rights.
Our Use of Your Information
We use information you provide to fulfil your requests and improve our publications, products and services. In this regard, we may, from time to time, use the information we have collected to:
- Produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users, such as demographic, age and online usage information. We do not include any personally identifiable information of our users in these reports.
- Display or send custom, personalized content to our website visitors.
- Send newsletters, mail, e-mails, features, promotional material, notices of new publications, surveys and other updates, information or offers to our users. A user may, at any time, opt out of receiving such information.
- Evaluate and administer our products and services, fulfil customer requests and respond to any problems that may arise, as well as to gauge user trends to determine what products and services are most popular with users.
- Allow you to order publications and other products or services online. We and our technical and fulfilment agents and consultants follow careful procedures to safeguard credit card data in connection with your transactions.
- Filling orders.
Cookies and tracking
Like many websites, we use "cookies" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies (your browser’s help screen or manual will tell you how to do this), but please note that this may reduce the functionality of this Site and other websites.
Like all websites, our servers automatically record ’log files’ containing information about the volume and characteristics of our website traffic e.g. IP address, numbers of pages viewed, length of time spent on site. We use log files to build pictures of how our site is used that help us to monitor and improve the service. We cannot identify you from your log files.
How are cookies used?
Our Website makes use of the following cookies:
- Technical Cookies: We aim at providing our users with an advanced and user-friendly website that automatically adapts to their needs and wants. To do so, we make use of technical cookies to display our Website, to make it function smoothly, to create your user accounts, to sign you in and manage your adverts. These technical cookies are essential for our website to function properly.
- Functional Cookies: We also make use of functional cookies to remember your preferences and help you make an efficient and effective use of the Website. For instance, remembering your preferred language, your searches or properties you viewed earlier. Functional cookies are not strictly necessary for the good running of the Website but they add functionality for you, enhancing your user experience.
- Third-party Cookies: We make use of third-party cookies as well as our own cookies to display personalised advertisements on our Website. Known as retargeting and based on browsing activities, Commercial Cookies may also be used by select third parties to display their products and services through our Website.
- Analytics Cookies: We make use of these cookies to gain insight into how our visitors use the Website, to figure out what works and what doesn’t, to optimise and improve our Website, thus ensuring we continue to be interesting and relevant. Data gathered includes website pages viewed, referring and exit pages, bounce rates, number of clicks on pages etc. Analytics Cookies form part of our online advertising campaigns to learn about users interaction with the Website after they have been shown an online advertisement – which may include advertisement on third-party websites. However, we are not able to know who you are as we only obtain anonymous data.
Security, storage and transfer of information
We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission (unless they are providing services as outlined in the ’who has access to Your Information’ section above) and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties we will require them to have in place similar measures to protect Your Information.
All of the information we collect or record is restricted to our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. We will explicitly ask you when we need information to identify you. We may require you to co-operate with our security checks before we disclose information to you. You can update the personal information that you give us at any time by viewing your « My account » page.
We will retain Your Information for a reasonable period or for as long as is required by law.
Property Details displayed on the Website
lexpressproperty.com does accept Mauritius property listings directly from consumers and If you are the owner of a property being displayed for sale or for rent on our website this is because the agent you have chosen to use for the sale or the letting of your property has a contract with us to display the details of your property on our website and thereby place the information about your property fully in the public domain.
The Website may use the data which we hold about properties advertised to provide professional valuation services and other data services to third parties. If your property is listed for sale or rent on the Website you may ask us not to use some or all of the details of your property to provide such data services. In this event please write to c/o Mediatiz Ltd. Royal Road, Fond du Sac – 20 602- Mauritius stating your full name and address, confirmation that you are the owner of the property upon whose instructions we are entitled to act, the full postal address of your property, the date it was placed on the market for sale or rent, and the name address and telephone number of the agent you have instructed to market the property.
Changes to the policy
We may change this policy from time to time as we add new services or features or in response to changes in the law or our commercial arrangements. Any changes to this policy will be posted on this website.
Buying Credits Online
Please note that this function will be online only after 20th August 2012 and the credits bought online can be utilised online only for optional upgrades (Etiquettes / Premium and Standard View / for Individual Accounts upgrade).
(a) No order can be placed without prior registration on this Website.
(b) No person shall register on this Website unless:
1. this person agrees to all the terms and conditions of this website;
2. this person is 18 years old or above;
(c) A registered account with us can only be in the name of one person at a time.
(d) If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure that the details you provide us with are correct and complete and do inform us immediately of any changes to the information that you provided when registering.
(e) You may deregister with us at any time by contacting our Customer Service.
(f) You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password or account is being, or is likely to be, used in an unauthorized manner, failing which we will not be liable for any loss, damage and/or prejudice suffered as a result of such use.
(g) If you have any queries or need assistance please contact our customer service:
[email protected] or by phone +230 266 13 00
Secure On-Line Payment
When buying online from the Website, your contact details, such as name, address and email address are collected, to enable your order to be processed for confirmation and dispatch emails to be sent to you. However, you will not be asked for your credit card details whilst on this Website. When you are ready to pay you will be redirected to the secured interface of our financial partner.
Address and Notices
Registered Office: Mediatiz Ltd
Royal Road, Fond du Sac - 20 602, Mauritius
Tel : (+230) 266 13 00
Fax : (+230) 266 78 10