Confidentiality & Data Protection
Effective date: January 2025
1. Confidentiality Obligation
Any and all matters, communications, negotiations, agreements, and disputes arising between Markshek Development Ltd (hereinafter "the Company") and its investors, clients, or prospective buyers (hereinafter "the Investor") shall be treated as strictly confidential. Neither party shall disclose, publish, share, or otherwise communicate any information relating to the business relationship, property transactions, financial arrangements, or any disputes to any third party without the express prior written consent of the other party.
2. Scope of Confidential Information
Confidential information includes but is not limited to: property prices and valuations, payment terms and schedules, personal and financial details of the investor, the content of any agreement or correspondence between the parties, details of any dispute or legal proceeding, and any proprietary information regarding the Company's operations, land portfolio, or business strategy.
3. Data We Collect
We collect personal information that you voluntarily provide when engaging with our services, including your full name, nationality, contact details, passport or identification information, financial capacity information required for due diligence, and communication history. This information is used solely for the purpose of facilitating your property investment and complying with Tanzanian law.
4. How We Use Your Data
Your personal data is used to process your investment inquiry and property reservation, conduct legally required identity verification and anti-money laundering checks, prepare and execute sale agreements and legal documentation, communicate updates regarding your investment, and comply with requirements set by the Tanzania Investment Centre and relevant regulatory bodies.
5. Data Sharing
We do not sell, rent, or trade your personal information. Data may be shared only with licensed legal professionals facilitating your transaction, government bodies as required by Tanzanian law, and our banking partners for payment processing — all of whom are bound by confidentiality obligations equal to or greater than those set out in this policy.
6. Data Retention & Security
We retain your data for as long as necessary to fulfil the purposes outlined above and as required by Tanzanian law. All data is stored securely with access restricted to authorised personnel only. You may request access to, correction of, or deletion of your personal data by contacting us in writing at invest@markshekafrica.com.
7. Breach of Confidentiality
Any breach of this confidentiality obligation by either party may give rise to legal proceedings and claims for damages. The Company reserves the right to seek injunctive relief and any other remedies available under Tanzanian law in the event of an unauthorised disclosure.
Investment Agreement Terms
Effective date: January 2025
1. Payment of Consideration
The full purchase price (consideration) of any property shall be paid either in full upon execution of the Sale Agreement, or in two (2) instalments as agreed between the parties in writing. The first instalment — being a minimum of fifty percent (50%) of the total purchase price — shall be paid upon signing of the Sale Agreement. The second and final instalment shall be paid no later than six (6) months from the date of the first payment.
2. Consequence of Default on Second Instalment
Failure to pay the second instalment within the agreed period of six (6) months shall render the Sale Agreement null and void. The agreement will be considered automatically terminated without further notice. In such an event, the provisions of the Refund Policy shall apply. The Company reserves the right to relist the property and enter into agreements with other buyers.
3. Title Transfer
Transfer of legal title and issuance of the Certificate of Occupancy or Right of Occupancy in the name of the Investor shall only occur upon receipt of the full and final payment of the agreed purchase price. No partial transfer of rights shall be made on the basis of a first instalment alone.
4. Property Description & Due Diligence
The Investor acknowledges having conducted or waived their right to conduct independent due diligence on the property prior to signing. All property details including size, zoning, title status, and location are provided in good faith and are subject to the official survey and title documents. Any discrepancy must be raised in writing within fourteen (14) days of the Agreement date.
5. Legal Jurisdiction
All agreements are governed by the laws of the United Republic of Tanzania. Any dispute arising from or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Zanzibar, Tanzania, or resolved through mutually agreed arbitration.
6. Amendment & Variation
No amendment, modification, or variation of any agreement shall be binding unless made in writing and signed by duly authorised representatives of both the Company and the Investor.
7. Force Majeure
Neither party shall be held liable for delays or failures to perform obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, or changes in land regulation. In such cases, the parties agree to negotiate in good faith to find a mutually acceptable resolution.
Refund & Cancellation Policy
Effective date: January 2025
⚠️ IMPORTANT NOTICE
Once the first instalment has been paid and deposited into the Company's account, it is non-refundable under any circumstances. Investors are strongly advised to ensure full financial readiness and legal clarity before committing to a purchase. We encourage all investors to seek independent legal advice prior to signing.
1. Non-Refundable First Instalment
The first instalment paid by the Investor upon signing of the Sale Agreement is strictly non-refundable. This applies regardless of the reason for cancellation, including but not limited to: change of personal circumstances, inability to secure financing, change of investment intent, or failure to complete the second instalment. The first instalment serves as commitment consideration and compensates the Company for removing the property from the market and for administrative, legal, and operational costs incurred.
2. Termination Due to Default
In the event the Investor fails to pay the second instalment within the agreed six-month period, the agreement shall be terminated and the first instalment shall be forfeited. The Company shall be under no obligation to offer any credit, partial refund, alternative property, or compensation of any kind.
3. Termination Initiated by the Company
In the exceptional circumstance that the Company is unable to fulfil its obligations — for example in the event of a title defect discovered after payment — the Company shall notify the Investor in writing within a reasonable time and offer either an equivalent alternative property of equal value or a full refund of all amounts paid. This is the only circumstance under which a refund may be issued.
4. No Cooling-Off Period
Real estate transactions in Tanzania do not carry a statutory cooling-off period. Once the Sale Agreement is signed and the first instalment is paid, the transaction is binding. Investors are strongly encouraged to complete all due diligence prior to signing.
5. Process for Eligible Refund Claims
Any refund claim that qualifies under Clause 3 above must be submitted in writing to the Company within thirty (30) days of the triggering event. The Company will respond within fourteen (14) business days. Approved refunds will be processed within thirty (30) business days via the same method of payment originally used.
Payment Terms & Procedures
Effective date: January 2025
🏦 AUTHORISED PAYMENT CHANNEL
All payments must be made directly into the Company's official bank account only. The Company will never request payment via personal accounts, mobile money transfers to individuals, or any channel other than the official account details provided in your Sale Agreement. If in doubt, contact us directly to verify.
1. Authorised Payment Method
All monies relating to the purchase of any property listed by Markshek Development Ltd must be deposited directly into the Company's designated bank account as specified in the Sale Agreement. The Company accepts bank transfers (SWIFT/SEPA/local TZS and USD transfers) and other payment methods as explicitly agreed in writing. No cash payments shall be accepted.
2. Instalment Structure
Payment shall be made in a maximum of two (2) instalments only. No other instalment structure will be accepted or considered valid. The first instalment, constituting a minimum of fifty percent (50%) of the total purchase price, is due upon execution of the Sale Agreement. The second and final instalment, constituting the remaining balance, is due no later than six (6) months from the date of the first payment.
3. Payment Confirmation
The Investor must provide proof of payment (bank transfer receipt or confirmation slip) to the Company within 24 hours of each transaction. The Company will issue a written acknowledgement of receipt within three (3) business days. Payment is considered received only when funds have cleared in the Company's account — not at the time of transfer initiation.
4. Currency
All property prices and payments are denominated in United States Dollars (USD). The Company will issue invoices and receipts in USD. Any bank charges, currency conversion fees, or international transfer fees are the sole responsibility of the Investor and must not be deducted from the agreed purchase price.
5. Instalment Irrevocability
Once an instalment has been made and received into the Company's account, it cannot be reversed, recalled, or refunded except as provided under the Refund Policy Clause 3. The making of an instalment constitutes an irrevocable commitment to the purchase on the terms agreed.
6. Late Payment
Should the second instalment not be received by the due date without a prior written extension granted by the Company, the Sale Agreement shall be automatically terminated as set out in the Terms & Conditions. The Company will issue a written notice of termination. No grace period beyond what is explicitly agreed in writing shall be assumed.
7. Fraud Prevention
The Company will never change its bank account details by email alone. Any communication purporting to change payment instructions must be verified by a direct telephone call to our registered number before any payment is made. The Company accepts no liability for funds transferred to fraudulent accounts where this verification step was not followed.