Terms of Use – Kensington Morocco
1. Introduction
Welcome to the website of Kensington Morocco, a luxury real estate agency based in Morocco and affiliated with Christie's International. These terms of use govern your access to and use of our website, including all content, features and services offered on or through www.kensingtonmorocco.com.
By accessing this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, our Privacy Policy and any other policies posted on this Site.
2. Definitions
Under these conditions of use:
- “Kensington Morocco”, “we”, “us” or “our” means Kensington Morocco, its head office, subsidiaries and affiliates.
- “User”, “you” or “your” means any person who accesses or uses the Site.
- “Content” means any text, images, video, audio, or other material contained on the Site.
3. Acceptance of the conditions
By using our Site, you represent and warrant that:
- You have the legal capacity to enter into a binding agreement with Kensington Morocco.
- Your use of the Site will be in strict accordance with these Terms of Use.
- Your use of the Site will be in compliance with all applicable laws and regulations, both in Morocco and in your country of residence and/or from where you access the Site.
If you do not agree to these terms, you must not access or use our Site.
4. Changes to the Conditions
Kensington Morocco reserves the right, at its sole discretion, to modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.
We will endeavor to notify you of material changes by means of a prominent notice on the Site or by email if you have provided your contact information.
5. Access to the Site and security
5.1 Availability of the Site
We endeavour to keep the Site accessible 24 hours a day, 7 days a week. However, we reserve the right to withdraw, modify or suspend the Site, in whole or in part, at any time and without notice, for reasons of maintenance, updating or for any other reason that we deem necessary.
5.2 Account Security
If you create an account on our Site, you are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5.3 Access restrictions
We reserve the right to restrict access to some parts of the Site, or the entire Site, to registered users or to subject access to certain parts of the Site to special conditions which we may impose at our discretion.
6. Intellectual property
6.1 Property Rights
The Site and its original content, features and functionality are and will remain the exclusive property of Kensington Morocco and its licensors. The Site is protected by copyright, trademark and other laws of Morocco and foreign countries.
6.2 Use of Content
Except as expressly permitted in these Terms of Use, you may not:
- Copy, reproduce, distribute, republish, download, display, post or transmit in any way any content from the Site.
- Sell, rent or sublicense material from the Site.
- Reproduce, duplicate or copy material from the Site for commercial purposes.
- Modify or alter any part of the Site.
6.3 Trademarks
The name Kensington Morocco, our logo and all related marks, product names and service names, designs and slogans are trademarks of Kensington Morocco or its affiliates or licensors. You must not use these marks without the prior written permission of Kensington Morocco.
7. Authorized Use of the Site
You may use our Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- In a manner that violates any applicable local, national or international law or regulation.
- To exploit, harm or attempt to exploit or harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, including any form of “spam.”
- To impersonate or attempt to impersonate Kensington Morocco, a Kensington Morocco employee, another user, or any other person or entity.
- To interfere with or disrupt the Site or servers or networks connected to the Site.
- To attempt to probe, scan or test the vulnerability of the Site or any connected network, or to breach security or authentication measures.
- To collect or track personal information about other users.
8. Property Information
8.1 Kensington Morocco Properties
The information regarding properties presented by Kensington Morocco is provided for informational purposes only. While we endeavour to keep this information up to date and accurate, we do not guarantee its completeness, timeliness or accuracy.
All properties are subject to availability and prices may change without notice. Property images may include virtual enhancements to illustrate the potential of the property. These images are clearly marked as such.
Before any transaction, it is the customer's responsibility to verify all relevant information directly with Kensington Morocco.
8.2 Properties of other agencies
Our Site may feature properties offered by other real estate agencies around the world. This information is provided by third parties and Kensington Morocco assumes no responsibility for its accuracy, completeness or timeliness.
Kensington Morocco acts only as a portal for these listings and is not involved in any potential transactions regarding these properties. Users are strongly encouraged to verify all information directly with the relevant agency before making any decision based on such information.
8.3 Availability and reservation
The presence of a property on our Site does not guarantee its availability. All reservation or purchase requests are subject to confirmation. Kensington Morocco reserves the right to refuse any reservation or purchase request at its sole discretion.
9. User Generated Content
9.1 Submission of Content
If you submit content to our Site (for example, comments or reviews), you grant Kensington Morocco a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, distribute, prepare derivative works of, display and perform such content in connection with the services provided by the Site and Kensington Morocco's business.
9.2 Warranties on content
You represent and warrant that:
- You own or control all rights to the content you post.
- The content is accurate and not misleading.
- Use of the content you supply will not violate these Terms of Use or cause injury to any third party.
9.3 Right to deletion
Kensington Morocco reserves the right to remove any content submitted by users at its sole discretion, without notice and without having to justify such removal.
10. Links to other websites
Our Site may contain links to third party websites that are not owned or controlled by Kensington Morocco. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites. You acknowledge and agree that Kensington Morocco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such websites.
11. Limitation of liability
11.1 Exclusion of warranties
The Site and all of its contents are provided “as is” and “as available” without any warranty of any kind, either express or implied. Kensington Morocco does not warrant that the Site will be uninterrupted, timely, secure or error-free.
11.2 Limitation of liability
In no event will Kensington Morocco, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for any damages of any kind, direct or indirect, arising out of or in connection with your use of, or inability to use, the Site, any websites linked to the Site, or any content on the Site or such other websites, including, without limitation, any loss of revenue, profits, use, data, or business interruption.
11.3 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you. In such jurisdictions, Kensington Morocco's liability will be limited to the maximum extent permitted by law.
12. Compensation
You agree to defend, indemnify and hold harmless Kensington Morocco, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, 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 of Use or your use of the Site.
13. Applicable law and jurisdiction
13.1 Applicable law
These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the Kingdom of Morocco, without regard to principles of conflicts of laws.
13.2 Jurisdiction
Any dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts of Casablanca, Morocco. However, this provision shall not prevent Kensington Morocco from seeking injunctive or other appropriate emergency relief in any competent jurisdiction.
13.3 Dispute Resolution
Before initiating any legal action, you agree to attempt to resolve any dispute through negotiation by contacting Kensington Morocco at the address provided in the “Contact” section below.
14. Affiliation with Christie's International
Kensington Morocco is proud to be affiliated with Christie's International Real Estate. This affiliation signifies that we adhere to the high standards of quality and service of Christie's International Real Estate. However, this affiliation does not create any agency, partnership, joint venture or employer-employee relationship between Kensington Morocco and Christie's International Real Estate.
Each entity is independent and solely responsible for its own acts and omissions. Kensington Morocco clients have no direct contractual relationship with Christie's International Real Estate as a result of our affiliation.
15. Data protection and confidentiality
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review our Privacy Policy for more information on how we collect, use and protect your personal information.
16. Severability
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, that provision will be limited or eliminated from the Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
17. Entire Agreement
These Terms of Use, together with our Privacy Policy and any other policies posted on the Site, constitute the entire agreement between you and Kensington Morocco with respect to the Site and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Kensington Morocco.
18. Contact
If you have any questions regarding these Terms of Use, please contact us at:
Kensington Morocco
1st floor, Imm El Pacha, 67 Rue Ibn Khaldoun, Marrakech 40000, Morocco
Email: [email protected]
Phone: +212 5 24 42 22 29
Last updated on: 09/17/2024