Terms and Conditions

1. Eligibility & Platform Rules

To register an account or use any services on Xavorian, you must satisfy the following requirements:

• You must be at least 18 years of age.
• You must possess the legal capacity to enter into binding legal agreements under Nigerian law.
• You must complete the required Know Your Customer (KYC) verification before listing a property or initiating high-value escrow transactions.
• You are solely responsible for keeping your account login details, password, and security tokens confidential. You agree to notify us immediately of any unauthorized access to your account.

2. The Xavorian Escrow Service

Xavorian operates a secure escrow service to protect transactions between buyers/tenants and sellers/agents/developers. By initiating an escrow transaction, you agree to the following terms:

Holding Funds in Trust

All funds committed by a buyer or tenant are held in a secure, non-interest-bearing escrow bank account administered by Xavorian or our licensed financial partners. The funds are held in trust and will not be mixed with Xavorian's operating capital.

Conditions for Release

Escrowed funds will be released to the designated seller or agent only after:

• The buyer conducts a physical property inspection.
• The buyer or their legal representative completes verification of the title documents at the land registry.
• Both parties execute the necessary transfer or lease agreements.
• The buyer clicks "Release Funds" on their Platform dashboard, or fails to raise a formal dispute within the designated escrow holding window (typically 14 calendar days from payment, unless extended).

Dispute Lock & Arbitration Panel

If a dispute is raised by either party, the escrowed funds are instantly locked and cannot be released or refunded without:

• A written mutual release agreement signed by both the buyer/tenant and the seller/agent.
• A formal binding decision rendered by the Xavorian Dispute Resolution & Arbitration Panel.
• An order of a court of competent jurisdiction in Nigeria.

The Platform's 3% processing fee is fully earned upon processing the initial payment and is non-refundable in the event of a transaction dispute, as it covers operational payment gateway and administration costs.

3. Agent & Seller Obligations

Agents, developers, and sellers who list properties on Xavorian are bound by strict marketplace rules to maintain platform trust:

Mandate & Listing Accuracy

You must possess a valid, written legal mandate or authority from the registered property owner before listing any property for sale or rent on the Platform. All listing information, pricing, photos, video tours, and document scans must be accurate, truthful, current, and not misleading.

Strict Prohibition of Off-Platform Transactions

You are strictly prohibited from soliciting buyers or tenants met through Xavorian to transact off-platform to avoid platform fees. If an agent or seller encourages you to bypass Xavorian's escrow system, they will face permanent account suspension, forfeiture of verified badges, and potential legal prosecution for breach of contract.

4. Limitation of Liability & Indemnity

Xavorian is a marketplace platform. While we conduct verification checks, we do not own, manage, or legally represent any listed properties. To the maximum extent permitted by Nigerian law:

• Xavorian provides the Platform on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied.
• Xavorian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or data arising out of or in connection with property transactions or Platform use.
• Xavorian's total aggregate liability for all claims arising from Platform use shall be strictly capped at the total amount of escrow fees paid by you to Xavorian in the 12 months preceding the claim.
• You agree to indemnify and hold harmless Xavorian Technologies Ltd, its directors, employees, and agents from any third-party claims, losses, or legal costs arising from your breach of these Terms, listing inaccuracies, or fraudulent activities.

5. Governing Law & Jurisdiction

These Terms and Conditions shall be governed by, interpreted, and enforced in accordance with the laws of the Federal Republic of Nigeria. Any disputes, controversies, or claims arising out of or relating to these Terms, including their validity, breach, or termination, shall be resolved through binding mediation at the Edo State Multi-Door Court House (ESMDCH) or through arbitration in Benin City, Nigeria under the provisions of the Arbitration and Mediation Act, 2023.