Terms of Service & Advisory Protocols
IMPORTANT CORPORATE NOTICE: InabPrivé is a proprietary digital platform, luxury asset marketplace, and concierge service owned, developed, and operated exclusively by Inab Realty Ltd, a private limited liability company duly incorporated under the Companies and Allied Matters Act 2020 of the Federal Republic of Nigeria, with its corporate headquarters located in Lagos, Nigeria ("Inab Realty", "Company", "we", "us", or "our").
1. Acceptance of Terms and Binding Agreement
By accessing, browsing, registering for, submitting inquiries through, or utilizing any feature of the InabPrivé website (accessible at inabprive.com, test.inabrealty.com, and affiliated subdomains), mobile applications, APIs, or private client concierge advisory services (collectively, the "Platform" or "Services"), you ("Client", "User", "Purchaser", "Vendor", or "Broker") unconditionally acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Service ("Terms").
If you are entering into these Terms on behalf of a legal entity, including a corporation, partnership, trust, or family office, you expressly represent and warrant that you possess the requisite legal authority and corporate power to bind such entity. If you do not agree with any provision set forth herein, you must immediately terminate your use of the Platform and all associated Services.
2. High-Net-Worth Eligibility and Accreditation Criteria
Given the bespoke nature and multi-million-dollar capitalization of assets showcased on InabPrivé:
- Age and Capacity: You represent that you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction of residence) and possess full legal capacity to enter into binding bilateral agreements.
- Sophistication and Representation: The Platform is tailored for accredited investors, qualified institutional buyers, family offices, high-net-worth individuals (HNWIs), ultra-high-net-worth individuals (UHNWIs), and licensed luxury brokerages.
- Corporate and Trust Representations: Any party acting through a corporate vehicle, offshore entity, or private trust must provide certified corporate documentation, resolutions, and ultimate beneficial ownership (UBO) records upon request by Inab Realty Ltd or its designated legal counsel.
3. Nature of the Platform and Scope of Concierge Services
- Independent Marketplace Role: InabPrivé serves as an ultra-luxury marketing portal, global listing directory, and transactional facilitation gateway. We curate and showcase trophy real estate, supercars, hypercars, luxury yachts, private aviation, fine timepieces, and blue-chip art.
- Brokerage and Advisory Facilitation: Inab Realty Ltd operates as a licensed real estate company under Nigerian law and provides advisory introductions. However, unless explicitly documented under a written, signed Bilateral Brokerage Mandate, Inab Realty Ltd acts solely as an independent marketing platform and concierge facilitator between verified vendors/sellers ("Vendors") and prospective purchasers ("Purchasers").
- Definitive Agreements: The display of an asset on the Platform constitutes an invitation to treat and does not constitute a legally binding unilateral offer of sale. Legal conveyance of title, maritime registration transfer, aviation bill of sale execution, or real property deed conveyance requires separate, definitive transaction documentation executed between the buyer and seller under the supervision of qualified independent legal counsel.
4. Vendor Listings, Title Warranties, and Provenance
Any Vendor, private seller, collector, or authorized listing broker listing an asset on InabPrivé warrants and guarantees that:
- Unencumbered Title: The Vendor holds absolute, marketable, and unencumbered legal title to the asset, free and clear of all liens, mortgages, maritime pledges, court attachments, tax claims, or third-party encumbrances.
- Authenticity and Provenance: All representations, specifications, certificates of authenticity, vehicle history reports, airworthiness directives, maintenance logs, and provenance files supplied are authentic, truthful, accurate, and complete.
- Authorization: If listed by a broker or agent, the listing party holds a verified, non-expired written listing mandate executed directly by the beneficial owner or their court-appointed executor.
- Indemnification for Misrepresentation: Any Vendor or broker submitting fraudulent, forged, stolen, disputed, or artificially misrepresented assets shall face immediate permanent expulsion from the Platform and shall indemnify Inab Realty Ltd for all damages, legal fees, and reputational injury sustained.
5. Anti-Money Laundering (AML), Counter-Financing of Terrorism (CFT), and KYC Compliance
Inab Realty Ltd maintains zero tolerance for illicit financial transactions, money laundering, terrorist financing, and sanctions evasion. We enforce rigorous statutory protocols aligned with Nigerian and international regulatory frameworks:
- Statutory Compliance: Operations are governed strictly by the Money Laundering (Prevention and Prohibition) Act 2022 (MLPPA), the Terrorism (Prevention and Prohibition) Act 2022, the Economic and Financial Crimes Commission (EFCC) Establishment Act, and directives issued by the Special Control Unit against Money Laundering (SCUML) and the Nigerian Financial Intelligence Unit (NFIU).
- International Standards: Our protocols incorporate Financial Action Task Force (FATF) Recommendations, the UK Proceeds of Crime Act 2002, the EU Anti-Money Laundering Directives (AMLD 5/6), and US FinCEN guidelines.
- Proof of Funds (POF) and Due Diligence: Prior to arranging private viewings, maritime sea trials, jet inspection flights, or contract negotiations, Inab Realty Ltd reserves the absolute right to demand verified Proof of Funds issued by an internationally recognized Tier-1 banking institution, alongside government-issued identity documents (valid international passport) and utility verification.
- Ultimate Beneficial Ownership (UBO): Corporate and trust purchasers must disclose all natural persons who ultimately own or control 5% or more of the purchasing entity.
- Sanctions Screening: The Platform screens all transaction counterparties against lists maintained by the United Nations Security Council, the US Office of Foreign Assets Control (OFAC), the UK Office of Financial Sanctions Implementation (OFSI), the European Union External Action Service, and Nigerian law enforcement bodies. We strictly refuse to facilitate transactions involving sanctioned individuals or jurisdictions.
6. Escrow Coordination, Financial Transactions, and Commission Protocol
- Independent Escrow: Inab Realty Ltd does not operate as an unlicensed depository institution. All transactional deposits, escrow earnest funds, and closing settlements must be processed through accredited escrow partners, licensed commercial banks, or appointed trust attorneys operating segregated client accounts.
- Commission and Success Fees: Brokerage commissions, advisory success fees, and concierge introduction retainers are due and payable in accordance with the specific written mandate or commission agreement executed prior to closing.
- Taxes and Withholdings: Each party remains strictly responsible for the assessment and payment of all applicable corporate taxes, capital gains taxes, value-added taxes (VAT), stamp duties, and transfer registration levies imposed by federal, state, or municipal taxing authorities in the relevant jurisdictions.
7. Non-Circumvention and Confidentiality (NDA)
- 24-Month Non-Circumvention Covenant: In consideration of Inab Realty Ltd introducing off-market assets, private estate vendors, discreet collectors, or qualified buyers, each User, Broker, and Buyer covenants that they shall not, directly or indirectly, circumvent, avoid, bypass, or obviate Inab Realty Ltd. This covenant endures for a period of twenty-four (24) months following the initial date of disclosure or introduction.
- Confidential Information: All off-market listing portfolios, high-profile property addresses, floor plans, unlisted asking prices, and vendor identities shared via InabPrivé constitute strictly confidential proprietary information. You agree not to disclose, publish, or disseminate such details to any third party without express written permission from Inab Realty Ltd.
- Liquidated Damages: In the event of a willful circumvention resulting in a completed acquisition without compensating Inab Realty Ltd, the circumventing party shall be liable for the full commission that would have accrued, alongside all attorney fees and forensic auditing expenses incurred in enforcement.
8. Intellectual Property Rights and Proprietary Assets
- Ownership: All software architecture, source code, user interfaces, database designs, trademarks, logos, visual brand identities, copy, and curation methodologies embodied in InabPrivé are the sole and exclusive intellectual property of Inab Realty Ltd or its licensors.
- Limited License: Users are granted a revocable, non-exclusive, non-transferable, limited license to access and view the Platform solely for bona fide personal or approved commercial acquisition inquiries.
- Prohibited Exploitation: You shall not scrape, crawl, index, reverse-engineer, decompile, mirror, republish, or create derivative works from any component of the Platform or its listing database without prior written authorization.
9. Acceptable Use and Platform Security
You agree not to engage in any of the following prohibited behaviors:
- Deploying bots, scrapers, automated scripts, or indexing spiders against our servers;
- Transmitting malicious software, trojans, ransomware, or code designed to disrupt platform integrity;
- Submitting frivolous, speculative, or fictitious offers or proof-of-funds documentation;
- Impersonating another individual, family office representative, or accredited broker;
- Circumventing, tampering with, or testing the vulnerability of platform authentication or security filters.
10. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE PLATFORM, LISTINGS, AND ALL CONCIERGE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
- INAB REALTY LTD EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
- WHILE WE EXERCISE METICULOUS DUE DILIGENCE IN CURATING VENDORS, WE DO NOT GUARANTEE THAT ASSET DESCRIPTIONS, ENGINE SPECIFICATIONS, SQUARE FOOTAGE, ARCHITECTURAL RENDERINGS, OR PRICE ESTIMATES PROVIDED BY THIRD-PARTY SELLERS ARE ENTIRELY FREE OF INADVERTENT ERROR. ALL PURCHASERS ARE OBLIGATED TO CONDUCT INDEPENDENT STRUCTURAL SURVEYS, MECHANICAL INSPECTIONS, AND LEGAL TITLE SEARCHES PRIOR TO CLOSING.
11. Limitation of Liability
- Consequential Damages Exclusion: In no event shall Inab Realty Ltd, its directors, officers, employees, shareholders, subsidiaries, or legal agents be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, loss of goodwill, lost opportunities, or loss of data, arising out of or in connection with your use of or inability to use the Platform.
- Aggregate Liability Cap: To the fullest extent permitted by Nigerian law, the maximum aggregate liability of Inab Realty Ltd for all claims under or relating to these Terms, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the greater of: (a) the actual commission or advisory fee received by Inab Realty Ltd directly from you in connection with the disputed transaction, or (b) five hundred thousand Nigerian Naira (NGN 500,000) or its foreign currency equivalent.
12. Indemnification
You agree to defend, indemnify, and hold harmless Inab Realty Ltd, its parent company, subsidiaries, affiliates, directors, officers, legal advisors, and employees against any and all claims, liabilities, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorney fees and litigation costs) arising out of or related to: (a) your breach or alleged breach of these Terms; (b) your violation of any applicable domestic or international law, including AML/CFT statutes; (c) fraudulent, forged, or misleading representations submitted by you; or (d) your infringement of any intellectual property or privacy right of a third party.
13. Dispute Resolution, Governing Law, and Arbitration
- Governing Law: These Terms and any dispute, controversy, proceedings, or claim of whatever nature arising out of or in any way relating to them shall be governed by and construed in accordance with the substantive laws of the Federal Republic of Nigeria.
- Amicable Settlement: The parties shall make good faith efforts to settle any dispute arising out of this agreement through executive-level negotiations within thirty (30) days of one party notifying the other in writing.
- Binding Arbitration (Lagos Court of Arbitration): If the dispute remains unresolved following thirty (30) days of negotiation, it shall be finally and exclusively resolved by binding arbitration administered by the Lagos Court of Arbitration (LCA) in accordance with the Arbitration and Mediation Act 2023 of Nigeria and the LCA Arbitration Rules:
- The seat and legal place of arbitration shall be Lagos, Nigeria.
- The language to be used in the arbitral proceedings shall be English.
- The tribunal shall consist of a sole arbitrator appointed by mutual agreement, or failing agreement within fourteen (14) days, by the President of the Lagos Court of Arbitration.
- The arbitral award shall be final, conclusive, and binding on all parties, and judgment thereon may be entered in any court having competent jurisdiction globally.
14. Modifications, Severability, and Entire Agreement
- Right to Amend: Inab Realty Ltd reserves the right to revise, update, or amend these Terms at its sole discretion. Any material changes will be announced by updating the "Effective Date" at the top of this document. Continued use of the Platform after amendments constitutes acceptance of the modified Terms.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitral tribunal or court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall continue in full force and effect.
- Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, and any definitive Bilateral Mandate executed in writing, constitute the entire legal agreement between you and Inab Realty Ltd with respect to the Platform.
15. Official Legal Notices and Contact Information
For formal legal correspondence, service of arbitration notices, or corporate inquiries, please direct all communications to:
- Corporate Entity: Inab Realty Ltd (Product: InabPrivé)
- Headquarters: Lagos, Nigeria
- Legal Affairs: legal@inabprive.com
- Private Advisory: concierge@inabprive.com
- Compliance & AML: compliance@inabprive.com
