TERMS & CONDITIONS OF USE

Please read these Terms and Conditions of Use carefully as they contain important information about your rights and obligations when using the website www.propertycloud.mu (“the website”).

  1. Introduction Propertycloud.mu
    Propertycloud.mu is 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 for real estate property ads publishing. It is a website which is developed and managed by Rushbox Ltd, a Private Limited Company which registered office is located at Chaussee street, 2nd floor, Block B, Medine Mews, 1112-07. BRN : C18156957 - [email protected], tel. 483 0280.

1.1. These Terms and Conditions include our Privacy Policy and are collectively referred to as “these Terms”. 
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.

  1. 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 propertycloud.mu (“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.

  1. 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.propertycloud.mu, 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.propertycloud.mu 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.

  1. Registration
    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.

  1. Disclaimer 
    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 we 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 propertycloud.mu are solely for informative purposes. Information have been provided by agencies and individual sellers and may be subject to modifications without notice. Propertycloud.mu 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 propertycloud.mu shall not be liable for.

  1. No Warranty
    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.

  1. 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.
  2. Liability
    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.

  1. 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.
  2. Notices
    All notices must be forwarded to us [email protected]. 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).
  3. 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] 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.
  4. General
    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.
  5. 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:

Your advert must:

  1. 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:

Your advert must:

  1. Privacy Policy 

We are committed to protecting your privacy. This policy explains how and for what purposes we use the information collected about you via the Website. Please read this privacy policy which is set out below carefully. By using this Website and any services we offer via this Website, you are agreeing to be bound by this policy in respect of the information collected about you via this Website. This updated version of our Privacy Policy takes effect on the 25 May 2018. 
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]

In compliance we the Data Protection Act 2004, we use the information we collect about you to:

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 at [email protected] and tell us.
The following features, by their nature, require and make use of personally identifiable information.

Contacting Advertisers
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.

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.

Using the property alerts
If you register with us, 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.

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 [email protected] 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.

Information Collected
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:

Other Information
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 fulfill 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:

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 the information you provide or we collect’ 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
Propertycloud.mu 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 [email protected] 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.

Brand Reputation
Propertycloud.mu reserves the right to delete, without prior notice, any advert which may undermine the website’s content quality and damage its reputation.

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.

Data Security 
Propertycloud.mu attaches great importance to the security of your personal information and implements the appropriate measures to minimise risks related loss, spoilage or misuse of your personal information.

Data retention
Data is stored on the website’s server and is stored for a period that is strictly necessary for the above-mentioned data processing purposes. Beyond this period, data will only be stored for statistical purposes.

Your Rights
You are granted the right to access, modify, rectify and delete your personal information by sending us an email here: [email protected]