Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (the “User”), whether personally or on behalf of an entity, and Nuttah Mumbi Consultancy Limited (the “Company”), governing your access to and use of our online platform and associated services.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by the following Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Platform and must discontinue use immediately.

  1. Definitions and interpretation
    1. In this agreement (otherwise to the extent expressly provided and agreed to by the Parties):

“Agreement” refers to all the terms of this Agreement including but not limited to any Schedules and any subsequent amendment(s) to this Agreement.

“Applicable Law” means all laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local, national or international.

“Authorised User” means all stakeholders, including contractors, suppliers and investors, an employee, a client or agent of the Client who is authorized to access the Platform and use the Services on behalf of the Client.

“Business Day” means a day other than a Saturday, Sunday or public holiday.

“Conditions” means terms and conditions for use of the platform set out in this document.

“Confidential Information” means any commercial, financial or technical information, information relating to the Services, plans, know-how or trade secrets which is obviously confidential in nature or has been identified as confidential, or which is developed by a party in performing its obligations under, or otherwise pursuant to, the Contract.

“Contract” means the agreement made for the use of the platform by authorized users including these Conditions and the Order and including all their respective schedules, attachments, annexures and statements of work.

“Contractors” refers to any independent individual or business entity engaged by the Company to provide professional, consulting, or technical services on a non-employee basis, including but not limited to construction consultants, software developers, business analysts, and industry experts contributing to the Platform or its Services.

“Stakeholders” refers to all parties who interact with or are impacted by the use of the Platform, including Clients, Authorized Users, business partners, third-party service providers, and any individuals whose data may be processed.

“Suppliers” means any third-party vendor, service provider, or partner engaged by the Company to support the delivery, functionality, or operation of the Platform, including but not limited to hosting services, analytics providers, payment processors, and cloud infrastructure services.

“Investors” refers to any individual or institutional entity registered on the Platform with the intent to review, support, fund, or engage with construction companies or other Users for the purpose of investment, partnership, or strategic collaboration

“Platform” the term “Platform” includes our website, software applications, tools, dashboards, content, APIs, and other technology services provided by the Company.

“Customer” means the named party in the Contract which has agreed to purchase the Services from the Supplier and whose details are set out in the contract.

“Documentation” means any descriptions, instructions, manuals, literature, technical details or other related materials supplied in connection with the Services;

 “Intellectual Property Rights” means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights and, in each case:

  1. whether registered or not;
  2. including any applications to protect or register such rights;
  3. including all renewals and extensions of such rights or applications;
  4. whether vested, contingent or future;
  5. to which the relevant party is or may be entitled, and
  6. in whichever part of the world existing;

“Services” includes Real Estate Investment Advisory, Property Development/Management, Real Estate and Construction Education as well as Registration as a Supplier or Contractor;

“Specification” means the description or Documentation provided for the Services set out or referred to in the Contract;

  • Interpretations
    • In these Conditions, unless the context requires otherwise:
      • a reference to the Contract includes these Conditions, the Employee handbook, Employee Contract, and all respective agreements made schedules, appendices and annexes (if any);
      • any clause, schedule or other headings in these Conditions is included for convenience only and shall have no effect on the interpretation of the Conditions;
      • a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
      • a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
      • a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
      • words in the singular include the plural and vice versa;
      • any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
      • a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;
      • a reference to legislation is a reference to that legislation as in force at the date of the Contract OR amended, extended, re-enacted or consolidated in the present jurisdiction from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract;
      • a reference to any action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, be deemed to be a reference to that which is enacted and valid in this jurisdiction.
  • Application of these conditions
    • By accessing, browsing, or using the Platform and its services, the User expressly acknowledges and agrees to be bound by these Terms and Conditions, which form a legally binding agreement between the User and the Company.
    • These Conditions apply regardless of the User’s method of access to the Platform (e.g., via desktop, mobile, or API).
    • The Company reserves the right to amend, modify, or update these Terms and Conditions at any time. Consequently, continued use of the Platform after such amendments shall constitute deemed acceptance of the revised Terms.
    • In addition to these Terms and Conditions, specific subscription plans, consultancy services, or tools offered on the Platform may be subject to additional agreements or policies. In the event of a conflict, the specific terms shall prevail to the extent of the inconsistency.
    • Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.
    • If any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect.
    • Any failure or delay by the Company in enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision
  • Platform Access and Use
    • EligibilityTo access and use the Platform, the user must:
  • Be at least 18 years old and have the legal capacity to enter into a contract; or
  • If under the age of 18, access the Platform with the consent and supervision of a parent or legal guardian, who shall be deemed to have accepted and agreed to be bound by these Terms on behalf of the minor;
  • If representing a company or other legal entity, be duly authorised to bind that entity to these Terms;
  • Use the Platform in compliance with applicable laws and regulations.
    • Use of the Platform
      • The user agrees to use the Platform strictly for its intended business purposes. The user shall not:
  • Use the Platform for unlawful or fraudulent activities;
  • Reproduce, duplicate, copy, sell, resell, or exploit any part of the Platform without our express written permission;
  • Interfere with or disrupt the Platform’s integrity or performance;
  • Attempt to gain unauthorised access to any portion or feature of the Platform;
  • Use any automated system or software to extract data from the Platform for commercial purposes without consent.
  • Payment and Subscription policies for platform services
    • Payment and FeesSome services on the Platform may be subject to payment. All fees will be:
  • Clearly disclosed prior to purchase or subscription;
  • Payable in the currency specified;
  • Exclusive of applicable taxes unless stated otherwise.
    • Failure to make timely payments may result in suspension or termination of the user’s access to the services.
    • We reserve the right to increase the prices of subscription to different plans at any time by giving the user not less than 30 Business Days’ notice in writing.
    • A subscriber shall pay all subscription fees:
    • In full without deduction or set-off, in cleared funds before use of the services.
    • To the bank account or mobile money account or other means nominated by the Supplier.
  • Intellectual Property Rights Related to the Platform
    • All content, features, and functionality of the Platform including but not limited to software, designs, text, graphics, and logos are the exclusive property of Nuttah Mumbi Consultancy Limited and are protected by copyright, trademark, and other laws.
    • All stakeholders are granted a limited, non-exclusive, non-transferable license to access and use the Platform solely for internal business purposes, subject to these Terms.
  • User obligations
    • Accurate and Up-to-Date Information The User shall provide accurate, complete, and current information during registration and when updating the profile. The user shall promptly update any information that becomes outdated or incorrect, including company details, contact information, and project portfolios. Compliance with Laws and Industry Standards Users agree to comply with all applicable laws, regulations, and industry standards relevant to their roles as contractors, suppliers, investors, or other stakeholders. Users must not use the Platform for any unlawful purpose, including but not limited to fraud, misrepresentation, or misleading conduct. Use of Subscription Plans Subscription plans must be used strictly in accordance with their intended scope and features. Users shall not share, sublicense, or resell subscription benefits without prior written consent from the Platform. Users must maintain confidentiality of login credentials and subscription materials and are responsible for all activities conducted under their account.
    • Respect for Intellectual Property Users must respect all intellectual property rights associated with the Platform, including proprietary content, data, software, and consultancy tools. Users shall not copy, modify, distribute, or exploit any part of the Platform’s content without express authorisation.
  • Professional Conduct Users must engage with other stakeholders on the Platform in a respectful and professional manner, refraining from any conduct that is abusive, discriminatory, defamatory, or otherwise inappropriate. Users shall not engage in practices that compromise the integrity of business interactions, such as false reviews, coercive bidding, or non-disclosure of conflicts of interest.
    • Payment Obligations Users agree to timely payment of all applicable fees under their selected subscription plan. Failure to pay may result in suspension or termination of access to the Platform’s services. Non-Interference with Platform Operations Users shall not interfere with the normal functioning of the Platform, including attempting to hack, disrupt, or overload any part of the system. Unauthorised data scraping, reverse engineering, or automated access to the Platform is strictly prohibited Confidentiality and Data Privacy Users must maintain the confidentiality of proprietary or sensitive information obtained through the Platform, including information about other stakeholders. Users shall comply with the Platform’s Privacy Policy and any applicable data protection laws.
    • Notification of Misuse or Breach Users must notify the Platform promptly of any unauthorised use, breach of security, or suspected violations of these Terms and Conditions.
  • Limitation of Liability for the Company
    • To the fullest extent permitted by law, we shall not be liable for:
      • Any indirect, incidental, or consequential damages including business interruption or lost profits.;
      • Business losses or interruption;
      • Any decisions made based on our services or tools.

The Company’s total liability under these Terms shall not exceed the total subscription fees paid by the User in the six (6) months preceding any claim.

  • Dispute Resolution mechanisms

In the event of any dispute, controversy, or claim arising out of or in connection with the use of the Platform, including but not limited to issues concerning subscription plans, services provided, or these Terms and Conditions, shall be resolved through the following mechanisms, in accordance with the laws of the Republic of Zambia:

  • Negotiation In the first instance, the parties shall make every reasonable effort to resolve any dispute amicably through mutual consultation and negotiation, initiated by written notice of the dispute. Such negotiations shall be conducted in good faith and concluded within fifteen (15) business days from the date of notification.
    • Mediation If the dispute is not resolved through negotiation, the parties shall refer the matter to mediation under the auspices of a recognised Zambian dispute resolution body or a mutually agreed mediator. The mediation shall be conducted in Lusaka, Zambia. Each party shall bear its own costs, and the costs of mediation shall be shared equally, unless otherwise agreed. Arbitration Where mediation fails to resolve the dispute within thirty (30) days, the matter shall be referred to final and binding arbitration in accordance with the Laws of Zambia applicable at the material time.
    • Injunctive Relief Notwithstanding the above, either party may seek interim or injunctive relief in the Zambian High Court, where such relief is necessary to prevent irreparable harm or to preserve the subject matter of the dispute.
  • Continuation of Obligations Pending final resolution of any dispute, both parties shall continue to perform their respective obligations under these Terms and Conditions, except for the matter under dispute.
  1. Termination of platform access

The Company reserves the right to terminate or suspend a User’s access to the Platform, in whole or in part, under the following conditions, in accordance with the applicable laws of the Republic of Zambia:

  1. Termination by the Company

The Company may terminate or restrict access to the Platform without prior notice if a User:

  1. Commits a material breach of these Terms and Conditions, including but not limited to non-payment of subscription fees, breach of confidentiality, or misrepresentation;
    1. Engages in any illegal, fraudulent, unethical, or abusive activities on or through the Platform;
    1. Uses the Platform in a manner that threatens the security, integrity, or performance of the Platform or the experience of other users;
    1. Violates intellectual property rights, data protection obligations, or any applicable laws or regulations;
    1. Provides false or misleading information during registration or thereafter;
    1. Is declared bankrupt or insolvent, or placed under liquidation, where applicable.
  1. Termination by the User
    1. A User may terminate their subscription and access to the Platform at any time by providing the Company with not less than seven (7) days’ written notice. Termination shall not entitle the User to a refund of any subscription fees already paid, unless expressly agreed.
    1. Suspension

The Company may temporarily suspend access to the Platform:

  1. While investigating suspected misconduct;
    1. During maintenance, upgrades, or system downtime;
    1. Due to force majeure events.
  1. Effect of Termination

Upon termination or suspension:

  1. The User’s access to the Platform and services will cease immediately.
    1. Any data, content, or materials associated with the User’s account may be archived or permanently deleted in accordance with the Company’s Data Retention Policy and subject to the Electronic Communications and Transactions Act, the Data Protection Act 2021 and any applicable data protection laws. The User remains liable for any outstanding payments or obligations. incurred prior to termination. Right to Appeal
      1. A User whose access has been terminated may submit a written appeal within five (5) business days to the Company for review.
    1. Compliance with Zambian Law
      1. This Agreement shall be Subject to Zambian contract law, the Electronic Communications and Transactions Act No. 21 of 2009, the Data Protection Act of 2021 and any relevant Laws applicable.

By clicking “I agree” or continuing to use the Platform, the User is deemed to have signed and agreed to these Terms in full.