1. Preamble
The purpose of these General Conditions of Use (hereinafter referred to as the "GCU") is to govern in a comprehensive and detailed manner all the terms, conditions and principles governing access to and use of the website accessible at www.amt-immo.com (hereinafter referred to as the "Site"). This Site is published and operated by AM Transformation, a limited liability company (hereinafter referred to as "the Company"), which is duly registered with the Registre du Commerce et du Crédit Mobilier (RCCM) under number KNG\RCCM\24-B-01641. The Company is also identified by tax identification number A 2424 193 Z, and its head office is located in Kinshasa, more precisely in the commune of Ngaliema, in the Democratic Republic of Congo. The Company is represented by its manager, Desty AMINDA, who is responsible for ensuring the compliance of operations and the proper management of the services offered on the Site.
This Site offers users, whether they are professionals in the real estate field or private individuals looking to acquire a property, various highly specialized services in the sector of land sales located in the Democratic Republic of Congo. These services include not only the consultation and publication of advertisements, but also full support in the search for land, as well as invaluable assistance in obtaining the legal documents required to complete land transactions.
Access to and use of the Site, regardless of the services used or consulted, imply full and complete acceptance of these GCU by all users. These GCU constitute a legally binding contract between the Company and the users of the Site. By accessing the Site or using its services, the user acknowledges having read the GTUs in their entirety and undertakes to comply with them without reservation or restriction. Users are therefore strongly advised to read these GTUs carefully before using the Site and its services. The Company reserves the right to modify these GCU at any time and without notice, in order to adapt them to changes in legislation, user needs or new services that may be offered on the Site.
2. Legal information
The www.amt-immo.com website is published and managed by AM Transformation, a limited liability company (SARL) under Congolese law, registered under the number KNG\RCCM\24-B-01641. Its head office is located in Kinshasa, in the commune of Ngaliema, in the Democratic Republic of Congo. The company also holds tax identification number A 2424 193 Z, guaranteeing its legal status and compliance with current tax obligations. The Company is represented by its manager, Desty AMINDA, who is responsible for supervising the Site's activities and managing relations with users.
The Site is hosted by Hostinger, which plays a key role as technical service provider, responsible for the infrastructure, servers and overall security of the Site. In this respect, the Company undertakes to guarantee continuous availability of the Site, except in the event of force majeure, scheduled maintenance or unforeseen events that could affect access to the Site. In the event of access difficulties or technical problems, users may contact the Company by e-mail at contact@amt-immo.com or via the contact form provided on the Site, in order to obtain rapid and effective assistance.
3. Purpose and scope of services
The main purpose of the www.amt-immo.com website is to provide users with access to a platform dedicated to the sale of land located in the Democratic Republic of Congo, offering them a fluid and rewarding user experience. The company acts as a technical intermediary, facilitating contact between buyers and sellers. As such, it provides users with a range of services, including :
- View land for sale ads: Users can freely view land ads published by private or professional sellers. Each advert provides detailed and comprehensive information on the property, including details such as surface area, precise geographical location, selling price and a full description of the land's features. However, the Company is not involved in verifying the accuracy of the information provided by sellers, who assume full responsibility for it and must guarantee its veracity.
- Publication of land sale ads: Users wishing to sell a plot of land can publish their ads on the Site free of charge, simply by creating an account. The publication of advertisements is subject to compliance with the rules described in these GTU, as well as with the legislation in force in the Democratic Republic of Congo. Users undertake to provide accurate and complete information to ensure the transparency and reliability of transactions.
- Land search support: The Company offers a personalized support service for users looking for specific land, taking into account their particular needs and criteria. This service includes not only the active search for land that meets the user's requirements, but also support in the administrative procedures required to finalize the acquisition, a valuable aid for users unfamiliar with current procedures.
- Assistance in obtaining legal documents: The Company also assists users with the administrative procedures involved in obtaining the legal documents required for the sale and purchase of land. This includes providing information on title deeds, cadastral certificates and other documents required by current regulations, in order to guarantee the legality and security of transactions.
4. Registration, account creation and obligations of users
The publication of advertisements requires the creation of a user account. To do so, the user must provide accurate, complete and up-to-date personal information, including last name, first name, e-mail address and password.
It is the user's responsibility to ensure the security and confidentiality of his or her login details, ensuring that this information is not accessible to third parties.
All users undertake to :
- Providing accurate information: When creating an account and using the Site's services, the user agrees to provide accurate, complete and up-to-date information. This includes any changes to contact details or personal information that may occur after registration.
- Do not impersonate any person or entity: Users agree not to use a false name or impersonate any person or entity in order to maintain the integrity and trust of the Site's user community.
- Protecting login information: Users must take the necessary measures to protect their login information and refrain from sharing it with third parties. In the event of loss, theft or unauthorized use of login details, users undertake to inform the Company immediately.
- Responsibility for actions taken : The user is solely responsible for actions carried out from his or her account. In the event of unauthorized use, the Company reserves the right to suspend or terminate the user's account without notice and without incurring any liability.
5. Advertising and negotiation margins
Posting an ad on our site is completely free! When you publish your ad for the sale of your plot of land, you are free to set the desired selling price. To optimize the sale, we invite you to inform us privately of your desired negotiation margin. This margin can be adjusted according to the specific features of your property and current market conditions.
6. Responsibility of the Company
As a technical intermediary, the Company plays an essential role in bringing sellers and buyers together on the Site. However, it is important to specify that the Company cannot be held responsible for the information provided by users in their advertisements.
Indeed, the Company does not verify the 100% accuracy of all specific information concerning a plot of land, nor the legitimacy of information submitted by sellers. This means that users must exercise their own due diligence before proceeding with transactions on the site. Each user is encouraged to conduct thorough research and verify all relevant information before committing to a transaction.
In the event of disputes or claims arising between users concerning transactions carried out via the site, the Company declines all responsibility. It may not be considered a party to such disputes. As a platform facilitating transactions, the Company cannot intervene in conflictual relations between buyers and sellers. However, the Company undertakes to provide reasonable assistance where necessary. This includes efforts to facilitate communication between the parties concerned, but in no way constitutes an admission of liability on the part of the Company.
It is also important to note that the Company does not guarantee that the services provided will be uninterrupted, secure or error-free. Although the Company takes steps to ensure the continuous availability of the site, interruptions may occur due to technical problems, maintenance or unforeseen events, such as natural disasters. In such cases, the Company cannot be held responsible for the consequences for users.
Users should also be aware that the Company is not responsible for any loss or damage, direct or indirect, that may result from the use of the site or the services offered. This includes, but is not limited to, loss of profits, loss of data, or any other type of damage suffered by users. Each user is responsible for his or her own decisions and actions when using the site.
In the event of a breach of these terms and conditions by a user, the Company reserves the right to suspend or terminate that user's account without notice. This is to protect the integrity of the site and to ensure a safe and reliable environment for all users. The Company may also report violations to the appropriate authorities if necessary.
7. Obligations of sellers
Sellers using the Site to publish land sale advertisements have specific responsibilities which they must respect in order to ensure the transparency and legitimacy of transactions. Firstly, sellers are required to provide accurate, complete and up-to-date information about the properties they are offering for sale. This includes essential elements such as the description of the land, its location, surface area and price, as well as any relevant legal documents that may be required for the transaction.
Sellers must guarantee the legitimacy of their property documents, including title deeds and cadastral certificates. They must also ensure that the information provided in their ads does not contain misleading or deceptive data. Responsibility for the accuracy of the information rests entirely with the sellers. In the event of a dispute arising from an advertisement or the sale of a plot of land, the seller will be held liable, and may be required to provide documentary evidence to substantiate his statements.
In addition to providing accurate information, sellers are also responsible for updating their listings in the event of changes concerning the conditions of sale or the condition of the property. For example, if the legal status of a plot of land changes, or if the sale price is revised, the seller must inform the Company immediately so that the advertisements can be updated accordingly. Failure to do so may result in sanctions, including deletion of the ad and suspension of the seller's account.
Sellers must also comply with current legislation concerning the sale of real estate in the Democratic Republic of Congo. This includes compliance with sales standards and tax obligations associated with the transaction. The Company cannot be held responsible for the consequences of non-compliance by sellers with applicable laws and regulations.
It is the responsibility of sellers to conduct transactions in an ethical and professional manner. This includes treating potential buyers with respect and conducting negotiations in a transparent manner. Sellers must ensure that all communications concerning the sale are clear and honest, in order to establish a climate of trust with buyers.
In the event of breaches of these obligations, the Company reserves the right to take appropriate measures, including the suspension or termination of the seller's account. The Company may also decide to remove advertisements that do not comply with established standards or that are deemed misleading or inappropriate.
Finally, sellers should be aware that any information provided on the site may be viewed by third parties, including potential buyers. It is therefore imperative that they take care not to divulge any sensitive or confidential information that could harm their position or that of buyers. Sellers must also protect their own interests by ensuring that all transactions are carried out in accordance with industry best practice.
8. Security of transactions and personal data
The security of transactions and the protection of personal data are major priorities for the Company operating the Site. The Company undertakes to implement appropriate technical and organizational measures to guarantee the security of users' personal information and to protect transactions carried out on the platform. This includes the use of standard security protocols for data storage and transmission, such as encryption, to prevent unauthorized access and data leakage.
However, it is important to note that, despite these efforts, the Company cannot guarantee absolute security against possible intrusions or malicious attacks. No security system is infallible, and there is always an inherent risk in transmitting information over the Internet. Consequently, users are also encouraged to take their own security measures. This may include using strong passwords, changing them regularly, and being vigilant when accessing their account to ensure that no unauthorized person gains access.
The Company undertakes to comply with legislation on the protection of personal data. Data collected during registration and use of the site's services is processed in accordance with current data protection legislation. This means that the Company will only collect the information necessary to provide the services and will only use it for the purposes specified in the privacy policy. Users should be aware that their personal data will not be sold, rented or transferred to third parties without their prior consent.
Users also have rights concerning their personal data. They have the right to access their information, to request its rectification in the event of inaccuracies, or to request its deletion under certain conditions. To exercise these rights, users may contact the Company at the e-mail address provided in the legal notice.
With regard to transaction security, the Company uses secure payment platforms to process payments for subscriptions and services. These platforms guarantee the confidentiality and security of payment information provided by users. Users must ensure that the payment information they provide is accurate and up-to-date. The Company declines all responsibility in the event of transaction failure due to incorrect information or technical problems inherent in the payment platforms.
It is also important that users understand that they are responsible for the security of their own login information. They must ensure that their credentials are not shared with third parties, and that they take the necessary steps to protect their accounts. In the event of loss, theft or unauthorized use of their login details, users must inform the Company immediately to minimize risk.
The Company reminds users to be vigilant when using the site. Users should be aware of the potential risks associated with the use of online platforms and exercise caution in their interactions on the site. This includes being wary of suspicious messages or unsolicited requests for personal information.
9. Intellectual property
The protection of intellectual property is a fundamental aspect of the operation of the Site. All elements, content, logos, trademarks, graphics and other creations on the Site are subject to intellectual property rights, in particular copyright and trademarks. This means that the Company holds exclusive rights to these elements and that their use without prior authorization is strictly forbidden.
Users undertake to respect these rights and not to reproduce, distribute, modify or exploit in any way whatsoever the contents of the site without the prior written consent of the Company. This includes not only the texts and images on the site, but also the structure and design of the platform. Any unauthorized use of these elements may result in legal action on the part of the Company, including prosecution for intellectual property infringement.
The Company grants users a limited, non-exclusive license to access the site and use the services offered therein. This license is subject to compliance with these General Terms of Use (GTU). Users must use the site's content only in the context of their interactions with the platform and in compliance with the established rules.
Users must not infringe the intellectual property rights of the Company or those of third parties. They must also ensure that the information they publish on the site, particularly in the context of advertisements, does not infringe the intellectual property rights of other persons or entities. This implies that they must ensure that they hold the necessary rights to use and share any content they post online.
In the event of infringement of intellectual property rights, the Company reserves the right to take appropriate action. This may include the removal of infringing content, the suspension or termination of the user's account, and the taking of legal action to protect the user's rights. Users acknowledge that infringement of intellectual property rights can have serious legal and financial consequences.
The Company also encourages users to report any unauthorized use of the site's contents that they may become aware of. Such vigilance helps to protect the integrity of the site and its associated intellectual property rights.
10. Confidentiality of personal data
Protecting the privacy of Site users is a priority for the Company. Personal data is collected and processed in accordance with current legislation on the protection of personal data. The Company undertakes to guarantee the confidentiality of the information collected and to use it solely for the purposes of the services offered.
The personal data collected includes the information provided by users when they register on the site, such as surname, first name, e-mail address, and other information required to access the services. This data is essential to enable the Company to provide an optimal user experience, manage accounts, facilitate transactions and communicate with users.
The Company will only collect the information necessary to provide the services. This means that it undertakes not to request or retain superfluous or irrelevant data. Furthermore, personal data will not be used for marketing or advertising purposes without the explicit consent of users.
Users have rights regarding their personal data. They have the right to access their information, to request modifications in the event of inaccuracies, or to request deletion where applicable. To exercise these rights, users may contact the Company at the e-mail address provided in the legal notice. The Company will endeavor to respond to such requests as quickly as possible, in accordance with current legislation.
In addition, the Company undertakes not to sell, rent or transfer users' personal data to third parties without their prior consent. Information may be shared with partners only in connection with the provision of services, and in compliance with data protection regulations.
The Company also implements security measures to protect personal data against unauthorized access, loss or accidental disclosure. This includes appropriate security protocols for data storage and transmission. However, users are encouraged to adopt secure practices, including choosing strong passwords and protecting their login information.
11. Modifications to the GCU
The Company reserves the right to modify these GCU at any time and without prior notice. Users will be informed of any modifications by notification on the Site or by email. Modifications will come into effect as soon as they are published on the Site, and it is the responsibility of users to consult the GCU regularly in order to remain informed of any updates. Continued use of the Site's services after modification of the GCU will be considered as acceptance of the new conditions.
12. Applicable law and jurisdiction
These GCU are governed by Congolese law, without regard to principles of conflict of laws. Any dispute that may arise in connection with the interpretation or performance of these GCU shall be submitted to the competent courts of Kinshasa, which shall have sole jurisdiction to settle any dispute. However, the Company undertakes to attempt to resolve any dispute amicably before taking legal action.
13. Independence of clauses
If one or more provisions of these GCU are declared null and void, voidable or unenforceable by a competent court, this will not affect the validity of the other provisions, which will remain in force and continue to produce their effects. The parties undertake to replace the provisions declared null and void by valid and enforceable provisions that come as close as possible to the spirit and purpose of the GCU.
14. Non-waiver
Non-waiver is a fundamental legal principle which underlines that the fact that the Company does not take advantage of a breach by a user of one of the obligations stipulated in these General Terms of Use (GTU) must not be interpreted as a waiver of its rights.
In other words, if the Company chooses not to act immediately or exercise its rights following a breach of the TOS by a user, this does not mean that it waives its right to assert those same rights in the future. This principle is important to ensure that the Company can maintain the integrity and respect of the TOS in the long term. The Company reserves the right to assert its rights and take action in the event of non-compliance by users, even if similar situations have not been dealt with previously or if action has not been taken in previous cases.
Thus, each user acknowledges that the Company has the latitude to act at its discretion, whether to protect its interests or to enforce the TOU. This includes, but is not limited to, the possibility of suspending or terminating a user account in the event of a breach of the TOU, even if the Company has not acted in the past for similar breaches.
It is also made clear that users may not interpret an absence of action on the part of the Company as a sign of tolerance or acceptance of behavior contrary to the TOU.
Each user must therefore respect his or her obligations to the Company, in the knowledge that the Company reserves the right to act at any time to enforce the terms of this agreement.
Non-waiver therefore protects the Company's rights and ensures that all violations of the GCU can be taken into account, even if the Company has not exercised its rights in the past. Users should be aware that each breach may have consequences, and that the Company is committed to enforcing the conditions established to ensure a respectful and compliant environment.
15. Contact
For any questions, complaints or requests for further information, users may contact the Company at the following e-mail address: contact@amt-immo.com. The Company will do its utmost to respond as quickly as possible to all requests received.
16. Use of Cookies
The Site uses cookies to improve the user experience, facilitate navigation and analyze Site traffic. Users can manage their cookie preferences at any time via their browser settings. However, it is important to note that deactivating certain cookies may alter the browsing experience and limit access to certain Site functions.
17. External links
The Site may contain links to other Internet sites. These links are provided as a convenience to users, enabling them to access additional information or services that may be relevant to their needs. However, it is important to note that the Company does not control the content of these external sites and is not responsible for their privacy practices.
Third-party sites may have their own privacy policies and terms of use, which may differ from those of the Company. Consequently, users are strongly advised to carefully read the Terms of Use and privacy policies of these sites before using them. The Company accepts no responsibility for the content, reliability or security of these external sites, nor for any information they may collect.
Users should be aware that, by clicking on an external link, they leave the Site and that the Company's T&Cs and privacy policy no longer apply. The Company cannot guarantee the security of personal information when users browse external sites, and cannot be held responsible for any consequences arising from the use of such sites.
Furthermore, the Company does not specifically endorse or recommend these third-party sites. Users are responsible for their own decision to interact with these sites, and should exercise caution when providing personal information or conducting transactions on these platforms.
18. Force majeure
The notion of force majeure refers to unforeseeable and unavoidable events beyond the control of the parties, rendering the performance of their contractual obligations impossible or extremely difficult. In the context of these General Terms and Conditions of Use (GTCU), the Company shall not be held liable for delays or breaches of its obligations resulting from force majeure events, as defined by current legislation.
Events qualifying as force majeure may include, but are not limited to, natural disasters (such as earthquakes, floods, or storms), armed conflicts, strikes, service interruptions, acts of terrorism, pandemics, or any other unforeseeable circumstance that may affect access to and use of the Site.
In the event of a force majeure event, the Company undertakes to inform users as soon as possible of the potential impact on the services offered. This notification may be made by e-mail or via an announcement on the Site. The Company will make every effort to limit the consequences of such events on access to the Site and will continue to provide its services as far as possible.
It should be noted that the occurrence of an event of force majeure does not lead to termination of the GCU, but may give rise to a temporary suspension of the Company's obligations. Accordingly, the Company may not be held liable for any direct or indirect consequences resulting from the impossibility of accessing services due to an event of force majeure.
Users should also bear in mind that the occurrence of such events may result in delays in the processing of their requests or in the completion of transactions via the site. The Company recommends that users show understanding and patience in such circumstances, in the knowledge that these events are beyond its control.
19. Notification
In the context of these General Terms of Use (GTU), all required or authorized notifications must be made in writing, either by email or by post. This ensures that all communications are formalized and can be easily referenced by the parties concerned.
Users are responsible for ensuring that their contact details, including email and postal addresses, are up to date and correct. It is essential that users provide accurate information to ensure that all notifications are received. In the event of incorrect or incomplete information provided by the user, the Company cannot be held responsible for the non-receipt of a notification. Notifications may concern a variety of subjects, including changes to the TOS, updates on services offered, information concerning technical problems or changes in the Company's policies. This also includes notices concerning suspensions or terminations of user accounts, where applicable.
For notifications sent by email, users are advised to check their inboxes regularly, as well as their spam or junk mail folders, to ensure that they are not missing any important information. Similarly, for notifications sent by post, it is advisable to ensure that the address provided is correct and that there are no obstacles to receiving the mail.
20. Confidentiality of exchanges
The Company undertakes to respect the confidentiality of information exchanged between users when using the Site. This includes all communications, whether direct between users or via messaging or contact functionalities available on the Site. The protection of personal data and private exchanges is a priority for the Company.
Users must also take their own steps to preserve the confidentiality of the information they share. This means they must be careful when disclosing sensitive information and not share personal details without thinking through the potential implications. The Company advises users to share confidential information only with trusted parties.
Disclosure of confidential information without the prior consent of the other party is strictly prohibited. Violation of this obligation may result in sanctions, including, but not limited to, suspension or termination of the user's account. The Company also reserves the right to take legal action if necessary to protect its interests and those of its users.
The Company cannot be held responsible for the consequences of the disclosure of confidential information by a user. Each user is therefore responsible for his or her interactions and for the information he or she chooses to share with other users.
It is important to note that, although the Company implements security measures to protect data and the confidentiality of exchanges, no method of transmission over the Internet or of electronic storage is completely secure. Users must therefore remain vigilant and adopt appropriate security practices to protect their personal information.
21. Prohibition on transfer of rights
Under these General Terms of Use (GTU), it is stipulated that users may not assign or transfer their rights or obligations arising from the GTU without the Company's prior written authorization. This clause is intended to ensure that the commitments and responsibilities of each user are respected and remain under the Company's control.
Any unauthorized assignment or transfer of rights or obligations will be considered null and void. This means that any attempted transfer without the prior agreement of the Company will not be recognized, and the original rights will remain with the original user. This measure is intended to preserve the integrity of the relationship between the Company and its users, by ensuring that each party complies with the terms set out in the GCU.
However, the Company reserves the right to assign or transfer, without prior authorization, all or part of its rights and obligations under these TOU to a third party. This may occur in the context of a merger, acquisition, transfer of business or for any other operational reason. This flexibility enables the Company to adapt to changes in its business model or operations while continuing to offer services to Users, and Users should therefore be aware that, although they may not transfer their rights or obligations without authorization, the Company may do so freely. This reflects a balanced approach that enables the Company to maintain the continuity of its operations while protecting the interests of users.
22. Right of withdrawal
Users have a right of withdrawal which they may exercise within a period of fourteen (14) days from the date of subscription. This right enables them to withdraw from the agreement concluded with the Company without having to justify their decision or incur penalties.
To exercise this right, users must send a written request to the Company, clearly specifying their intention to withdraw. It is essential that this request is made within the time limit set for it to be considered valid. Users must include relevant information, such as their surname, first name and, if applicable, details of the subscription concerned, in order to facilitate the processing of their request.
However, it is important to note that this right of withdrawal does not apply to services that have been fully executed with the user's prior consent before the end of the withdrawal period. For example, if a user has begun to benefit from the services offered before exercising his/her right of withdrawal, he/she will not be able to cancel the subscription without consequences. This is to protect the Company's interests and ensure that users cannot abuse this right for services already consumed.
The Company undertakes to process all requests for withdrawal as quickly as possible, in accordance with current legislation. Upon receipt of a valid request, the Company will confirm that the retraction has been taken into account and will provide instructions on the next steps, if any.
23. Validity of the GTC
These General Terms and Conditions of Use (GTC) constitute the entire agreement between the Company and users concerning access to and use of the Site. This means that all obligations, rights and responsibilities of the parties are clearly defined in these GTCU, and that no other agreement, oral or written, will supplement or modify them, unless expressly stipulated in the GTCU.
By accepting these T&C, users acknowledge that they have read and understood all the provisions before using the services offered on the site. This implies a personal responsibility on the part of each user to read and understand the terms before committing him/herself. The Company is not responsible for the consequences of a user's disregard of the GCU.
It is also stipulated that if one or more provisions of the GCU are declared null and void, voidable or inapplicable by a competent court, this will in no way affect the validity of the other provisions. The other clauses will continue to have effect as if the annulled provisions had never existed. In such a case, the parties undertake to replace the provisions declared null and void by valid and applicable provisions that come as close as possible to the spirit and purpose of the GCU.
24. Availability of the GTC
The present General Terms and Conditions of Use (GTC) are accessible at all times on the Site. This permanent availability enables users to consult the GCU at their convenience, which is essential to ensure that they are always informed of their rights and obligations when using the services offered by the Company.
Users are advised to consult the GCU regularly to keep abreast of any changes that may be made. The Company reserves the right to modify the GCU at any time and without notice. Such modifications may result from changes in legislation, developments in the services offered, or any other reason deemed relevant by the Company.
Users will be informed of any modifications by notification on the site or by email, and these modifications will come into effect as soon as they are published. Continued use of the site's services after such changes will be deemed acceptance of the new terms. This underlines the importance for users to regularly check the current version of the TOS.
Users are also advised to download and print a copy of the TOS for their personal records. This enables them to keep a tangible document that they can consult at any time, reinforcing their understanding of and commitment to the established rules.
