Terms of Use

1. Acceptance of Terms

By accessing and using TheValua property valuation management system ("the Service"), you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the Service. We reserve the right to modify these terms at any time, and your continued use constitutes acceptance of any changes.

2. Service Description

TheValua provides a comprehensive property valuation management system offering three distinct valuation methodologies:

• Residential Valuation: Market comparables and cost-based methodologies for residential properties
• Rating Valuation: Depreciated Replacement Cost (DRC) method for municipal and rateable properties
• Commercial Valuation: Income Capitalization and Discounted Cash Flow (DCF) methods for commercial properties

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

Different user roles have varying access levels:

• Property Inspectors: Field data collection and property inspections
• Valuers: Professional valuation analysis and reporting
• Council Users: Municipal property management
• Super Users: System administration and configuration

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload false, inaccurate, or misleading property data
• Attempt to gain unauthorized access to the system
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Share your account credentials with unauthorized persons
• Use the Service for any fraudulent or illegal activities

5. Intellectual Property Rights

5.1 Our Rights

The Service, including all software, algorithms, designs, text, graphics, and other content, is owned by TheValua and protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted are reserved.

5.2 Your Content

You retain ownership of the property data and valuations you create using the Service. By using the Service, you grant us a license to use, store, and process this data solely for the purpose of providing the Service to you.

6. Professional Responsibility

Users who are professional valuers are responsible for ensuring that their valuations comply with applicable professional standards, regulations, and ethical guidelines. TheValua provides tools to assist in the valuation process but does not guarantee the accuracy or appropriateness of any valuation produced using the Service.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We collect, use, and protect your information as described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Perform maintenance and updates
• Change features, pricing, or terms of service
• Limit access to certain features based on user type

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY VALUATIONS OR DATA GENERATED USING THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEVALUA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF YOUR USE OF THE SERVICE.

11. Indemnification

You agree to indemnify and hold harmless TheValua, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Service or violation of these Terms.

12. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason. Upon termination, your right to use the Service will immediately cease, though certain provisions of these Terms will survive termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Botswana, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of Botswana.

14. Contact Information

If you have any questions about these Terms of Use, please contact us: