Terms and Conditions
Homes.mu (“Marketplace”) is owned by Smart Media Ltd, (the “Company”, “Smart Media Ltd”, “we” or “us” whose registered office is located at C5 Hermitage Av King Goerges V Floreal, 74108, Mauritius. Tel: +230 5794 6437.
By using this Marketplace, you indicate your acceptance of these terms. If you do not accept these terms, please do not use Marketplace.
1. Nature of this Agreement: Marketplace is a portal that allows vendors to promote products and services to Homes.mu’ customer base (“Marketplace”). For the avoidance of doubt, Homes.mu acts as a facilitator only and is not a party to any agreements that may be entered into between its customers and a Vendor (and shall incur no liability in respect of them). The Vendor contracts with Homes.mu on a “per deal” basis (an “Offer”) and pursuant to these Terms and Conditions (the “Agreement”) the Vendor will pay the Fee to advertise/promote the Offer.
2. Duration: This Agreement lasts for the 12 month period starting on and including the date that the date of the Upload (the “Initial Term”) and then will be extended automatically for successive periods of 12 months until brought to an end by Homes.mu or the Vendor in accordance with clause 3 (together with the “Term”).
3. Bringing this Agreement to an end: Either Homes.mu or the Vendor can bring this Agreement to an end at the end of the Initial Term, or at the end of any extension or renewal, by giving not less than 60 days’ written notice to the other. Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination. For the avoidance of doubt, in no circumstance shall the termination of the Agreement (howsoever determined) give rise to a refund of the Fee.
4. Ending this Agreement immediately: To the maximum extent permitted by applicable law, Homes.mu may terminate this Agreement immediately by giving the Vendor notice and without need to follow any additional procedure if (a) the Vendor becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Vendor is in breach of one of its obligations which cannot be put right or which Homes.mu has given the Vendor notice to put right but the Vendor has failed to put it right within 14 days of that notice, or (c) in accordance with clause 22, or (d) the Vendor is in breach of clause 6(b).
5. Fee: The Vendor shall pay Homes.mu the Annual Fee on the Agreement Date. If the Vendor fails to make any payment due to Homes.mu under this Agreement by the due date for payment, then, without limiting Homes.mu other remedies under this Agreement, the Vendor shall pay interest on the overdue amount at the rate of 4% per annum above The Bank of Mauritius’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Vendor shall pay the interest together with the overdue amount. The Vendor must pay promptly all taxes and fees it is required to pay to any governmental body or otherwise.
6. The Offer: (a) The Vendor shall submit its Offer on the Agreement Date. All Offers require the approval of Homes.mu. The Vendor shall submit its Offer to Homes.mu for approval online. (b) The Offer (and any revisions to it) shall be on terms no less favorable than any similar offer made publicly available by the Vendor during either the Term and for 12 months previous to the Agreement Date. If it is on such less favorable terms then Homes.mu may (in its absolute discretion) terminate this Agreement in accordance with clause 4 or withdraw the Offer with immediate effect. (c) Within five working days of the Agreement Date Homes.mu shall confirm whether the Offer is approved. If the Offer is not approved in such period Homes.mu shall return the Fee to the Vendor and this Agreement shall immediately terminate. If the Offer is approved, then the Offer will be made live within Marketplace (“Upload”). (d) The Vendor may make subsequent revisions, amendments and/or updates to the Offer. In the event that the Vendor encounters any issues in relation to the uploading of the Offer to the Marketplace, Homes.mu shall provide the Vendor with reasonable assistance.
7. Proof: The Vendor shall be solely responsible for the content of the Offer and it is the Vendor’s responsibility to ensure the accuracy and completeness of all information contained therein prior to the use, upload, or publication.
8. Rights reserved: The Vendor understands and acknowledges that Homes.mu reserves the right to refuse or remove from the Marketplace, at any time, any Offer that in its sole absolute judgment, it believes, is an invasion of privacy, is degrading, libelous, or may be unlawful, immoral, offensive or which in its sole judgment is an infringement on a trademark, trade name, or copyright, belonging to others. 9. Indemnity: The Vendor indemnifies Homes.mu in full against all liability, loss, damages, costs, and expenses (including legal expenses but excluding consequential or economic loss) suffered by or incurred by Homes.mu as a result of or in connection with this Agreement.
10. Marketing: The Vendor shall not produce any marketing material or use the Homes.mu name, logo or trademark on any marketing material without the prior written consent of Homes.mu.
11. Notices: All formal notices must be in writing and sent to Our Legal Department, C5 Hermitage Av King Georges V, Floreal, Mauritius and marked “Marketplace.”
12. Confidentiality: The terms of this Agreement are confidential. Neither Homes.mu nor the Vendor must disclose them without the other’s consent unless required to do so by law or an official authority. This obligation continues after this Agreement ends.
13. Applicable Law: This Agreement is interpreted and enforced in accordance with the laws of Mauritius and both Homes.mu and the Vendor accept the exclusive jurisdiction of such courts. If any of the provisions of this Agreement are held to be void or unenforceable then the other provisions shall remain in force.
14. Enforcing this Agreement: The Vendor must pay any reasonable and proper costs (including legal fees) Homes.mu incurs in enforcing this Agreement.
15. Waiver: Failure or delay by Homes.mu in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of its rights under this Agreement. Any waiver by Homes.mu of any breach of, or any default under, any provision of this Agreement by the Vendor will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of this Agreement.
16. Interruption to the Marketplace service: Homes.mu shall not be liable for any interruption to the Marketplace portal whether due to any Force Majeure Event or otherwise and Homes.mu shall have no liability to the Vendor under this Agreement if it is prevented from, or delayed in, performing its obligations under this Agreement or carrying on its business by acts, omissions or events outside its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil unrest, malicious damage, compliance with any law or governmental order, rule, regulation or direction, breakdown to plant or machinery, fire, flood or storm (each a “Force Majeure Event”).
17. Liability: Neither party excludes or limits liability to the other party for fraud or fraudulent misrepresentation, breach of statutory duty, or for death or personal injury due to its own negligence or its employees’ or agents’ negligence whilst acting in the course of their employment.
18. Homes.mu’ liability: To the maximum extent permitted by law Homes.mu is not liable to the Vendor in respect of any loss or damage the Vendor suffers in relation to this Agreement unless Homes.mu has acted deliberately or negligently in causing that loss or damage. Homes.mu is not liable for loss as a result of Homes.mu’ failure to provide a service as a result of mechanical breakdown, strike or otherwise unless Homes.mu does so deliberately or negligently. In no event shall Homes.mu be liable until the Vendor has provided with written notice and gives Homes.mu a reasonable time in which to put it right.
IN NO CIRCUMSTANCES SHALL HOMES.MU HAVE ANY LIABILITY FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD-PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS UNLESS HOMES.MU OTHERWISE AGREES IN WRITING.
19. Competition: The Vendor’s business must not compete with that of Homes.mu’ business (including but not limited to the provision of online e-commerce marketplace), in other words, another marketplace cannot use Homes.mu to promote his marketplace for traffic, online linking or any other matter which would be regarded as competition or unfair use.
20. Exclusivity: Subject to clause 6(b), the parties to this Agreement acknowledge that the rights and obligations in this Agreement are non-exclusive and that each party may engage in transactions with third parties, or undertake its own activities, whether or not similar to the transactions and other activities contemplated by this Agreement.
21. Homes.mu DOES NOT MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF HOMES.MU’ NETWORK (OR THE INTERNET) OR OF ANY OF THE INFORMATION THE VENDOR PLACES ON IT. The Vendor should adopt whatever security measures (such as encryption) it believes appropriate to the circumstances. Homes.mu cannot guarantee that a particular degree of availability will be attained and/or maintained in connection with the Vendor’s use of Homes.mu’ network (or the internet). The Vendor’s sole remedy shall be the remedy of such failure by Homes.mu after a reasonable time after receiving written notice.
22. Compliance: The Vendor must comply with all relevant laws and regulations in the conduct of its business. The Vendor must not to anything illegal in connection with its use of the Marketplace. The Vendor must not cause loss or damage to Homes.mu (including damage to reputation). The Vendor acknowledges that (a) the terms of the foregoing sentence are a material inducement to Homes.mu’ execution of this Agreement and (b) any violation by the Vendor of the foregoing sentence shall constitute a material default by the Vendor hereunder, entitling Homes.mu to terminate this Agreement without further notice or procedure.
23. Variation: Homes.mu reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Changes will not apply retroactively and generally will become effective 14 days after they are posted. However, any changes made for legal reasons will be effective immediately. If the Vendor does not agree to any modified terms in this Agreement Homes.mu may terminate this Agreement immediately.
24. Assignment: Assignment and other dealings: The Vendor shall not assign this Agreement or any part of it or to subcontract the provision of the whole or any part of the services (except that it may assign this Agreement to a group company of it provided that (i) the Vendor gives to Homes.mu not less than 14 days’ prior written notice and (ii) such group company is of no lesser covenant strength and/or financial standing than the Vendor). Homes.mu may transfer its rights and obligations under this Agreement, or any part of it, to any of its affiliates or by way of security to any other party.
25. No partnership or agency: Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
26. Authority: The Vendor shall have no authority, and shall not hold itself out, or permit any person to hold itself out, as being authorized to bind Homes.mu in any way, and shall not do any act which might reasonably create the impression that the Vendor is so authorized. The Vendor shall not make or enter into any contracts or commitments or incur any liability for or on behalf of Homes.mu’s Intellectual Property: Nothing in this Agreement assigns, licenses or otherwise transfers any IPR owned by Homes.mu to the, save as necessary for the Vendor to perform its obligations under this Agreement, and no such rights shall continue after this Agreement has been agreed upon.
Access to this Marketplace is subject to the following terms and conditions:
Access to and browsing through this Marketplace is only allowed if these terms and conditions are accepted. IF YOU DO NOT AGREE WITH THE PRESENT TERMS & CONDITIONS, YOU ARE NOT AUTHORISED TO USE THIS MARKETPLACE AND MUST TERMINATE YOUR ACCESS AND USE OF THE MARKETPLACE IMMEDIATELY.
Use of the Marketplace
The Marketplace offers information about the products and services that it offers. Smart Media Ltd may remove, modify, or otherwise discontinue providing any content at any time with or without cause and with or without notice, without any liability. Information obtained via the Marketplace is for your personal use only and may not be further reproduced, published, transmitted, or disseminated without Smart Media Ltd’ prior written consent.
As a condition of your use of the Marketplace, you represent, warrant, and covenant to Smart Media Ltd that you will not use the Marketplace for any purpose that is unlawful or prohibited by these Terms. You may not use the Marketplace in any manner that could damage, disable, overburden, or impair the Marketplace or interfere with any other party’s use and enjoyment of the Marketplace.
By way of example, and not as a limitation, you agree that when using the Marketplace and when submitting any information or content to the Marketplace, you will not:
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Marketplace or third-party systems.
Send false or misleading information.
Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary authorizations.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is provided to or by you via the Marketplace.
Restrict or inhibit any other user from using and enjoying the Marketplace.
Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
Violate any applicable laws or regulations.
Smart Media Ltd shall have no obligation to monitor the usage of the Marketplace. However, Smart Media Ltd reserves the right to review any communications or submissions directed to the Marketplace and to remove any of the same in its sole discretion. Smart Media Ltd reserves the right to terminate your access to the Marketplace at any time without notice for any reason whatsoever. Smart Media Ltd further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Marketplace are subject to limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations.
You may not use the Marketplace or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Spamming ” (the Marketplace with large or numerous e-mail messages) is prohibited.
Copyright and Trademark Information
This Marketplace and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Smart Media Ltd T/A Homes.mu, its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by the law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this Marketplace should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Marketplace or any Content displayed on this Marketplace, through the use of framing or otherwise, without the prior written permission of Smart Media Ltd T/A Homes.mu or such third party that may own the trademark or copyright of material displayed on this Marketplace.
Subject to your full compliance with these terms, Smart Media Ltd authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
To the fullest extent permissible pursuant to applicable law, Smart Media Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Smart Media Ltd T/A Homes.mu does not warrant that: (i) the information on this Marketplace is correct, accurate, or reliable; (ii) the functions contained on this Marketplace will be uninterrupted or error-free, or (iii) defects will be corrected, or that this Marketplace or the server that makes it available are free of viruses or other harmful components.
Limitation of Liability
Under no circumstances shall Smart Media Ltd be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this Marketplace or the information contained on this Marketplace, even if Smart Media Ltd has been advised of the possibility of such damages. In no event shall Smart Media Ltd T/A Homes.mu total liability to you for all damages, losses, and causes of action – whether in contract, tort (including, but not limited to, negligence), or otherwise.
Smart Media Ltd makes no representation that information on this Marketplace is appropriate or available for use outside Mauritius. Those who choose to access this Marketplace from outside Mauritius do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links to other Marketplaces
This Marketplace may contain links to non-Smart Media Ltd sites. These links are provided to you only as a convenience. Such linked Marketplaces are not under the control of Smart Media Ltd T/A Homes.mu and Smart Media Ltd is not responsible for the contents of any linked Marketplace, or any link contained in a linked Marketplace. The inclusion of any link does not imply endorsement by Smart Media Ltd of the Marketplace, and Smart Media Ltd shall have no responsibility for information that is referenced by or linked to this Marketplace.
Applicable Law and Jurisdiction
The present Terms and Conditions are governed by the Mauritian Law. To the extent permitted under applicable mandatory law, any and all disputes arising from the Content or use of the Marketplace shall be subject to the exclusive jurisdiction of Mauritian Courts.