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Terms and Conditions

BCAPROPERTIES.COM and our network of websites, mobile applications, blogs and social media pages, groups and other means of communication or contact we have with you collectively bracketed as “platforms” are owned and operated by Blackwell Consulting Allianz Investments Limited herein referred to as “us” or “we”.

The following Terms and Conditions govern your use of our solutions, including all products and services, and your use of our website(s), mobile application(s), social media pages, groups and any other means of communication or contact we have with you.

By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By using this website, you warrant and represent that you are at least 13 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our cookie policy and our privacy policy.

These Terms and Conditions may be changed from time to time by updating this page or related pages. You will always be communicated to regarding any changes or updates to our Terms and Conditions via our blog, email communications and other means applicable. You are also encouraged to check this page regularly to ensure that you are happy with any changes.

Terms of Service

We provide real estate solutions in line with guidelines from the Zambia Institute of Estate Agency (ZIEA) and its guiding Regulations, Acts and Statutes. We also adhere to other regulatory guidelines in Zambia including international best practices. This section presents our Terms of Service for solutions provided.

All our solutions, including products and services, are subject to terms and conditions agreed upon in governing agreements given either here on this website or other means applicable. These include but are not limited to; Agency Mandate Agreements, Property Management Agreements, Advertising Agreements, Property Consulting Agreements, Property Appraisal Agreements, Property Valuation Agreements, and other agreements as made available.

The following are terms of service in relation to our rental solutions as stipulated below;

1. Standard Rental Agency

Standard Rental Agency is our real estate solution offered to property owners looking for a letting agent for their property(ies). A commission is paid out upon successfully finding a tenant for the property. This commission is equivalent to a full month’s net rental from rental payments made. You agree to pay out a commission upon successfully providing you service under this package should you select this package.

What are the full benefits of Standard Rental Agency?

Under this solution, we offer the following benefits;

We will also;

A For Rent By Owner (FRBO) property will still need some benefits that come with using a dedicated estate agent under the standard rental agency solution. We understand however that not all property owners may take up standard rental agency due to various reasons. This is more especially so for the lower rental income bracket properties. Hence our provision of the following solutions as an option to benefit from the some of the services of an estate agent but pay only a fraction of the costs associated with full-service under the standard rental agency solution.

2. FRBO Start Solution

The For Rent By Owner (FRBO) Start Solution is suited to property owners looking to manage the entire letting process offline themselves. We come in to assist you market your property to the right audience and through the right channels.

What do I get from this solution?

Under this solution, we offer the following benefits;

3. FRBO Premium Solution

The For Rent By Owner (FRBO) Premium Solution is designed for property owners with a larger portfolio of properties to self-manage. While we recommend hiring us as your property managers in such a case, we still would like to provide you some service even if you choose not to go with our property management services. We come in to boost your marketing efforts and assist you market your properties through the right channels and to the right audience.

What are the full benefits of a FRBO Premium Solution?

Under this solution, we offer the following benefits;

BCA Properties will also;

4. FRBO Enterprise Solution

The For Rent By Owner (FRBO) Enterprise Solution is suited to corporate property owners with an in-house property manager looking for assistance in marketing vacant units to the right audience through the right channels. We assist you market your properties for quicker occupancy when vacant.

What are the full benefits of a FRBO Enterprise Solution?

Under this solution, we offer the following benefits;

We will also;

License of Use

Unless otherwise stated, we and/or our partners, subscribers, members or licensors own the intellectual property rights on our platforms and material on this website and/or other platforms.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages with property details or other content from the website for your own personal/non-commercial use only, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Acceptable Use

You must not use this website or our other platforms in any way that causes, or may cause, damage to or impairment of the availability or accessibility of the website or our other platforms; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or our other platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website or our other platforms without our express written consent.

You must not use this website or our other platforms to transmit or send unsolicited commercial communications.

You must not use this website or our other platforms for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of this website or our other platforms is restricted. We reserve the right to restrict access to any areas of this website or our other platforms, or indeed this entire website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this website or our other platforms, or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation. Paying customers will be communicated to in the event access is disabled for any reason.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or our other platforms, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website or our other platforms that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this website or our other platforms, or stored on our servers, or hosted or published upon this website or our other platforms.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website or our other platforms.

No Warranties

This website or our other platforms is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this website, or our other platforms, or the information and materials provided on this website or our other platforms.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

Nothing on this website or our other platforms constitutes, or is meant to constitute, professional advice other than subject matter expertise in real estate related matters. If you require advice in relation to any regulatory, taxation, legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

We will not be liable to you (under any applicable laws or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or our other platforms:

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website or our other platforms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website or our other platforms will exclude or limit our liability in respect of any:

Reasonableness

By using this website or our other platforms, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.

If you do not think they are reasonable, you must not use this website or our other platforms.

Other Parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees.  You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with this website or our other platforms.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect us, our officers, employees, agents, subsidiaries, successors, assignees and sub-contractors.

Unenforceable Provisions

If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website or our other platforms, prohibiting you from accessing the website or our other platforms, blocking computers using your IP address from accessing the website or our other platforms, contacting your internet service provider to request that they block your access to the website or our other platforms and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website or our other platforms from the date of the publication of the revised terms and conditions on this website or our other platforms. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and us in relation to your use of this website or our other platforms, and supersede all previous agreements in respect of your use of this website or our other platforms.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Zambian and International Copyright and Trademark laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the Courts of Law in the Republic of Zambia.

Contact Details

For any queries or comments on these terms and conditions, please email hello@bcaproperties.com.

Blackwell Consulting Allianz Investments Limited is registered in Zambia, with company registration number 120160003065