In this Agreement, the following terms shall have the following meanings: -
"Effective Date" - the date on which this set of terms and conditions entered effect.
"Intellectual Property Rights"- all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
"Material" - content published on the Website or otherwise provided to Kultaproperties by the user. For the avoidance of doubt, it includes all content posted on the Website by the User or otherwise provided to Kultaproperties by the User.
"Registration Details" - the details which a User must provide on registering for the Website including name, phone numbers, email address, age or address.
"Service" - the provision of the Website as a property portal or any other service provided by Kultaproperties
"Unacceptable" - Material which under the laws of any jurisdiction from which the Website may be accessed may be considered either: --
Illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
In breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
To contravene legislation, including without limitation, that relating to weapons, animals or alcohol;
Might harm Kultaproperties's reputation.
"User"- any party who uses any service provided by Kultaproperties, including the use of Website. For the avoidance of doubt, User includes all advertisers and all parties who enter into any agreement with Kultaproperties
"Website" - Kultaproperties's website located at www.Kultaproperties.com
"Kultaproperties" – Kultaproperties Limited which is the owner of the Website and whose registered office is located at Kikuyu in Kamangu shopping centre
USER TERMS
Use of the Services on Kultaproperties website requires that you be at least 18 years old.
By accepting these Terms of Use, you certify that you are at least 18 years old, have never had your account suspended or withdrawn from the Services, and that you will use the Services in compliance with all applicable laws and regulations. You might need to create an account, agree to a Product's Terms, to the extent those terms apply to that service, which may be included here in order to access some elements of the Services.
You will be asked to give us information about yourself when you sign up for an account, such as your email address, phone number, or other contact details.
You affirm that the data you give is true and that you will always keep it true and up to date.
You will be asked for a password when you register.
You alone are accountable for all actions made using your account, including keeping your password and account information secure.
Your user account(s) cannot be shared with anyone else.
You may only use the Services for transactions on your own behalf, unless you and us have entered into a commercial agreement allowing you to use them for transactions on someone else's behalf.
The User's Registration Details and data relating to its use of the Website will be recorded by Kultaproperties but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis).
Kultaproperties may send a small file to the User's computer when it visits the Website. This "cookie" will enable Kultaproperties to identify the User's computer, track its behaviour on the Website and to identify the User's particular areas of interest to enhance the User's future visits to the Website. The cookie will not enable Kultaproperties to identify the User and Kultaproperties shall not use it otherwise than in relation to this Website. The User can set its computer browser to reject cookies, but this may preclude use of certain parts of this Website.`
If the User does not wish Kultaproperties to use its information as set out in Clauses 2.3 and 2.4 above, it should leave the Website before submitting its personal details.
If the User does not want Kultaproperties to use its email address or SMS to send information concerning the Website and related matters, the User should send a message to Kultaproperties and insert unsubscribe as the subject heading.
Kultaproperties reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Kultaproperties will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.
For the avoidance of doubt, Kultaproperties is providing a service not goods.
Kultaproperties owns all Intellectual Property Rights on the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
Kultaproperties takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Kultaproperties liable in relation to such issues, Kultaproperties requests all Users to report such matters immediately and Kultaproperties shall inform the appropriate authorities.
Users will be invited to send comments to Kultaproperties by email relating to the integrity and performance of other Users.
The following restrictions shall apply to all Users:
User agrees not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service.
User agrees not to use any automated software to view the Service without consent and to only access the Service manually.
User agrees not to use the Service other than for its own personal use or as an agent listing properties for sale and to rent.
User shall not be entitled to delete any advertisement/listing for a period of 24 hours after posting on the website by said user.
User agrees not to attempt to copy any Material or reverse engineer any processes without Kultaproperties's consent.
User agrees not to use any Service in any manner that is illegal, immoral or harmful to Kultaproperties.
User agrees not to use any Service in breach of any policy or other notice on the Website.
User agrees not to remove or alter any copyright notices that appear on the Website.
User agrees not to publish any Material that may encourage a breach of any relevant laws or regulations.
User agrees not to interfere with any other User's enjoyment of the Website or the Service.
User agrees not to transmit materials protected by copyright without the permission of the owner.
User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the Service.
By submitting Material on the Website or otherwise, User grants Kultaproperties a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the Material. Kultaproperties will not pay the User any fees for the Material and reserves the right in its sole discretion to remove or edit the Material at any time. User also warrants and represents that it has all rights necessary to grant Kultaproperties these rights.
Kultaproperties permits the User to post Material on the Website in accordance with Kultaproperties's procedures provided that Material is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to Kultaproperties.
Kultaproperties reserves the right to terminate any Service agreement without any notice to the User and without providing any reason whatsoever. In the event of cancellation, the User shall pay any outstanding invoices relating to the Service agreement within 14 working days.
Any User who enters into any agreement with Kultaproperties shall not in any way, directly or indirectly, employ or offer employment to any employee of Kultaproperties and/or its affiliates during the period of the agreement and up to one year after the termination/expiry of the agreement. Further, any User with any agreement with Kultaproperties shall not acquire any direct or indirect service from employees of Kultaproperties other than the services stipulated in their agreement with Kultaproperties for the aforementioned period. Further, any User with any agreement with Kultaproperties shall not solicit or endavour to entice away or discourage any employee of Kultaproperties from being employed by Kultaproperties for the aforementioned period.
LIMITATION OF LIABILITY
(A) Breach of contract;
(B) Breach of warranty;/li>
(c) Negligence;
(D) Any other cause of action, even if Kultaproperties have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Kultaproperties assume no liability or responsibility for any.
(i) Errors, mistakes, or inaccuracies of materials.
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the services.
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
(iv) Any interruption or cessation of transmission to or from the services
(v) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party.
(vi) Any errors or omissions in any materials or for any loss or damage incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available through the services; or
(vii) User materials or the defamatory, offensive, or illegal conduct of any third party.
The aggregate liability of Kultaproperties and any of our affiliates to you for all claims arising out of or relating to the use of, or inability to use, any portion of the services or otherwise under these terms of use, whether under contract, tort, or otherwise, is limited to the greater of: (1) the amount you have paid to the Kultaproperties for the services in the 12 months prior to the events or circumstances giving rise to the claims; or (2) ksh1000. Accordingly, the above limitations may not apply to you. Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the agreement of the parties. The limitations in this section will apply even if any limited remedy fails its essential purpose.
WARRANTIES AND INDEMNITY
Kultaproperties provide the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
To the maximum extent permitted by applicable law, Kultaproperties and our suppliers make no representations, warranties, or conditions, express or implied. Kultaproperties and our suppliers expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation: (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens, and non-infringement; (b) warranties or conditions arising through course of dealing or usage of trade; and (c) warranties or conditions of uninterrupted or error-free access or use.
No advice or information, whether oral or written, obtained by you through the services or any materials available through the services will create any warranty regarding any Kultaproperties’ entity or the services that is not expressly stated in these terms of use. You assume all risk for any damage that may result from your use of or access to the services, your dealing with any other user, and any materials, including all user and Kultaproperties’ materials, available through the services.
You understand and agree that your use of the services, and use, access, download, or other obtainment of materials through the services and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the services), or the loss of data that results from the use of the services or the download or use of those materials.
GENERAL
Subject to Clause 5.2, this written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 5.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
Kultaproperties reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to using the Website again in the future, Users should check that the effective date has not altered. If it has, the User should examine the new set of terms and only use the Website if it accepts the new terms.
If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
Kultaproperties reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
The User may not assign or otherwise transfer its rights or obligations under this Agreement without Kultaproperties's prior written consent.
Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Kultaproperties of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after putting into the post correctly addressed and pre-paid.
Kultaproperties shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.
This Agreement shall be governed by and construed in accordance with the laws of Kenya and the User submits to the exclusive jurisdiction of the Courts in Kenya, save that Kultaproperties may take action against the User in any relevant jurisdiction to enforce its rights.
