ZaKa Terms of Use

Welcome and thank you for your interest in ZaKa ("ZaKa," "we," "us," or "our"). By accessing or using our website at zaka.bf, our mobile applications, or any other services provided by ZaKa (collectively, the "Services"), you agree to be bound by these Terms of Use (the "Terms"). Please read these Terms carefully before using our Services.

1. About ZaKa and Our Role

1.1 Our Services

ZaKa is an online real estate platform that connects property seekers with verified real estate agents and property listings in Burkina Faso. Our Services include, but are not limited to:

• Property listing and search services
• Agent verification and directory services
• Property inquiry and messaging services
• Appointment scheduling services
• Property valuation information
• Real estate market insights and analytics

1.2 Our Role

ZaKa is not a real estate agency. We are a technology platform that facilitates connections between property seekers and licensed real estate professionals. We do not:

• Own, sell, rent, or manage any properties listed on our platform
• Provide real estate, legal, financial, or investment advice
• Guarantee the accuracy of property listings or agent information
• Act as an agent or representative for any party in a real estate transaction
• Handle payments between buyers/renters and sellers/landlords

Property listings on our platform are provided by our registered agents ("Agents") and we make no representations or warranties regarding their accuracy, completeness, or availability.

2. Eligibility and Account Registration

2.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not have been previously suspended or removed from our Services
• Comply with all applicable laws and regulations in Burkina Faso

2.2 Account Registration

Certain features of our Services require you to create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You may not share your account credentials with others or allow others to access your account. Each account is for a single user only.

2.3 Agent Accounts

If you register as a real estate Agent on our platform, you additionally agree to:

• Provide valid professional credentials and business documentation
• Maintain all required licenses and permits for your real estate activities
• Submit accurate property listings with truthful descriptions and images
• Respond to inquiries in a timely and professional manner
• Comply with our Agent Guidelines and Code of Conduct
• Pay all applicable subscription fees according to your chosen plan

Agent accounts are subject to verification and approval by ZaKa. We reserve the right to reject, suspend, or terminate any Agent account at our discretion.

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms, ZaKa grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial purposes. This license does not include:

• The right to modify, copy, or create derivative works of our Services
• The right to sublicense, sell, or distribute our Services
• The right to use our Services for commercial purposes without authorization
• The right to access our Services through automated means

3.2 Acceptable Use

When using our Services, you agree to:

• Use the Services only for lawful purposes
• Provide accurate information in all inquiries and communications
• Treat other users, Agents, and ZaKa staff with respect
• Keep appointment commitments or provide reasonable notice of cancellation
• Comply with all applicable laws and regulations

4. Prohibited Conduct

You agree NOT to:

• Violate laws: Use our Services for any illegal purpose or in violation of any local, national, or international law
• Misrepresent: Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Harass: Harass, threaten, stalk, or abuse any user, Agent, or ZaKa staff
• Discriminate: Discriminate against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
• Post harmful content: Upload, post, or transmit any content that is defamatory, obscene, fraudulent, or otherwise objectionable
• Spam: Send unsolicited messages, advertisements, or promotional materials
• Scrape data: Use automated systems, bots, scrapers, or other means to extract data from our Services without express written permission
• Interfere: Interfere with or disrupt the integrity or performance of our Services or the data contained therein
• Bypass security: Attempt to gain unauthorized access to our Services, systems, or networks
• Reverse engineer: Decompile, reverse engineer, or disassemble any software or technology used in our Services
• Post fraudulent listings: Create or promote property listings that are false, misleading, or for properties you are not authorized to list
• Circumvent fees: Attempt to bypass or circumvent any fee or payment obligations to ZaKa

5. Fees and Payments

5.1 General Users

Access to our basic Services, including property search and viewing, is provided free of charge to general users.

5.2 Agent Subscriptions

Agents are required to subscribe to a paid plan to access certain features, including property listing capabilities. Subscription fees are:

• Charged in West African CFA Francs (FCFA)
• Non-refundable unless otherwise specified
• Subject to change with prior notice
• Billed according to the billing cycle of your chosen plan

By subscribing, you authorize ZaKa to charge your designated payment method for all applicable fees. Failure to pay may result in suspension or termination of your account.

5.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• You will not receive a refund for any remaining time in your billing period
• Your property listings may be deactivated or archived
• You will lose access to premium features

6. User Content

6.1 Your Content

Our Services may allow you to upload, submit, or transmit content, including but not limited to property listings, images, descriptions, reviews, and messages ("User Content"). You retain ownership of your User Content, but by submitting it, you grant ZaKa:

• A worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with our Services
• The right to sublicense these rights to our service providers and partners
• The right to use your User Content for marketing and promotional purposes

6.2 Content Standards

All User Content must:

• Be accurate and not misleading
• Not infringe any third party's intellectual property rights
• Not contain any material that is defamatory, obscene, or offensive
• Not promote illegal activities or violence
• Comply with all applicable laws and regulations

6.3 Content Moderation

ZaKa reserves the right, but has no obligation, to monitor, review, edit, or remove any User Content at our sole discretion. We may remove content that violates these Terms or that we find objectionable for any reason without notice.

7. Intellectual Property

7.1 ZaKa's Intellectual Property

The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by ZaKa, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The ZaKa name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZaKa. You must not use such marks without our prior written permission.

7.2 Third-Party Content

Property listings, images, and other content provided by Agents and users remain the property of their respective owners. ZaKa does not claim ownership of third-party content displayed on our platform.

8. Third-Party Links and Services

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by ZaKa. We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of any third-party websites or services
• Any damage or loss caused by your use of third-party websites or services
• The accuracy or reliability of any information provided by third parties

Your use of third-party websites and services is at your own risk and subject to their respective terms and conditions.

9. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.

10. Disclaimers

To the fullest extent permitted by law, ZaKa disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any property listings or information
• Warranties regarding the conduct or reliability of any Agents or users

10.1 Property Listings

We do not verify the accuracy or completeness of property listings provided by Agents. Property details, including but not limited to prices, descriptions, images, availability, and features, are provided by third parties and may be inaccurate or outdated. You should independently verify all property information before making any decisions.

10.2 Agent Verification

While we implement verification procedures for Agents, we do not guarantee the accuracy of Agent credentials, the quality of their services, or their compliance with applicable laws. You are responsible for conducting your own due diligence before engaging any Agent.

11. Limitation of Liability

In no event shall ZaKa's total liability to you for all claims exceed:

• The amount you have paid to ZaKa in the twelve (12) months preceding the claim, or
• 50,000 FCFA, whichever is greater

ZaKa shall not be liable for any:

• Errors, mistakes, or inaccuracies in property listings or content
• Personal injury or property damage resulting from your use of our Services
• Unauthorized access to or use of our servers or your personal information
• Interruption or cessation of our Services
• Conduct of any third party, including Agents and other users
• Any real estate transaction entered into through our Services

12. Indemnification

You agree to defend, indemnify, and hold harmless ZaKa and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of our Services
• Your violation of any law or the rights of any third party
• Any dispute between you and any Agent or other user

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us via notre formulaire de contact ou through your account settings. Upon termination:

• Your license to use the Services will immediately cease
• You remain responsible for any outstanding fees
• Your User Content may be deleted or archived

13.2 Termination by ZaKa

We may suspend or terminate your account and access to our Services at any time, with or without cause, with or without notice, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• At our sole discretion for any reason

13.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us via notre formulaire de contact to attempt to resolve the dispute informally. We will attempt to resolve disputes within thirty (30) days of receiving notice.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Burkina Faso, without regard to its conflict of law provisions.

14.3 Jurisdiction

Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Ouagadougou, Burkina Faso.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms
• Sending you an email notification (for registered users)

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and ZaKa regarding your use of our Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

ZaKa shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Contact Information

If you have any questions about these Terms of Use, please contact us at: