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
In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
The User hereby warrants to Kultaproperties that it is at least eighteen years of age and legally able to enter into contracts.
Kultaproperties reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any Material posted by a User.
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
Kultaproperties is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement or for any liability of a User to any third party.
Kultaproperties is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement or for any liability of a User to any third party.
Kultaproperties shall not be liable for ensuring that the Material on the Website is not Unacceptable Material and the User in making any financial or other decision accepts that it does so exclusively at its own risk.
Kultaproperties shall not be liable for any interruption to the Service, whether intentional or otherwise.
Kultaproperties is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
Kultaproperties is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
None of the clauses herein shall apply to restrict liability for death or personal injury resulting from the negligence of Kultaproperties or its appointed agents.
No matter how many claims are made and whatever the basis of such claims, Kultaproperties's maximum aggregate liability to a User under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 3.1-3.6 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the value of any amount paid to Kultaproperties by the User in relation to which such claim arises.
WARRANTIES AND INDEMNITY
Kultaproperties does not represent or warrant that the information accessible via the Website is accurate, complete or current. Kultaproperties has no liability whatsoever in respect of any use which the User makes of such information.
Material has not been written to meet the individual requirements of the User and it is the User's sole responsibility to satisfy itself prior to entering into any transaction or decision that the Material is suitable for its purposes.
All warranties, express or implied, statutory or otherwise are hereby excluded.
The User hereby agrees to indemnify Kultaproperties against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.
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.
