SUMMARY

Terms of Use
The Privacy Policy
Your Responsibility

PRIVACY POLICY

Last updated: Feb 22nd, 2020
Optima Web Marketing Services (“we” or “us” or “our“) is the owner and operator of https://propertybox.co.ke (the “Website“) and  its site subsidiaries, including:  branding.propertybox.co.ke ; and we are committed to carefully handle your Personal Data (as defined in the ‘overview’ clause below). This Privacy Policy covers your use of the Website, as well as its subsidiaries within the propertybox.co.ke domain, and how you interact with us through the use of our products and services (hereinafter collectively referred to as the “Services“).

 

Overview

This Privacy Policy (together with our Terms of Service  propertybox.co.ke/legals/#terms and any other documents referred to in it) sets out how Personal Data that we collect from you, or that you provide to us, will be used, processed or disclosed by us, including how certain information would be used to personalize advertising directed at you.

Please read the following carefully to understand our policy and practices regarding your Personal Data and how we will treat it.

Unless restricted by applicable law, by using the Website and services, you agree that any and all Personal Data collected by us or provided by you from time to time may be used, processed, and disclosed for such purposes and to such persons as set out in this Privacy Policy.

We may amend this Privacy Policy at any time by posting a revised version on the Website. You are kindly reminded to check this legals section from time to time for updates to this Privacy Policy.

COLLECTION OF PERSONAL DATA

PropertyBox.co.ke website is owned and operated by Optima Web Marketing Services.

  • We have created this privacy statement in order to demonstrate our commitment to our user’s privacy.
  • We may use your browser’s IP address to help diagnose problems with our server, and to administer our Web site. Your Browser’s IP address may be also used to gather broad demographic information.
  • Propertybox.co.ke contains links to other websites. We are not responsible for the privacy practices or the content of such Web sites.
  • We do use third party company services to help with delivery of our services better on propertybox.co.ke (e.g. Google Analytics). These services may contain cookies. While we may use cookies in other parts of our Web site; cookies collected by these third-party companies, we do not have full access to this information.
  • Certifiable information is collected from users and/or registered members of propertybox.co.ke which includes, but may not be limited to
    • Email address.
    • Contact person first and last name.
    • User-created password.
    • Mailing / office address.
    • Telephone number or other contact number
PROTECTING AND RETAINING YOUR DATA
  • Except where you are explicitly informed, Optima Web Marketing Services does not sell, rent, share, trade or give away any of your personal information.
  • At propertybox.co.ke , we may tie-up with partners to bring you various services. However, we will never share your personal information, without your explicitly permission. Still, we encourage you to review the privacy policy of the partner for questions about their use, any personally identifiable information that you may separately submit to such partner.
  • If we change our privacy policy, we will prominently post a link to those changes on our Homepage so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will notify you by way of an email. We will give you a choice as to whether or not we can use information in this different manner and act accordingly.
  • Quality is of paramount importance for our business, we will periodically verify the authenticity, availability and integrity of the content posted by the agents. If it is found that the content is not as per required quality guideline, we reserve the right to put the content on hold until the suggested resolution is verified.
  • Note: Repeated abuse of quality guidelines can lead to cancellation of our services to you. In case of repeated abuse the amount paid will be forfeited and no refund request will be allowed.
CONTACT US

Should you require further information about the treatment of your Personal Data or content attached to your account on our site, please do not hesitate to contact us at: [email protected]

ADS LISTINGS QUALITY POLICY

Last updated: July 27th, 2020

All advertising users of propertybox.co.ke services, do acknowledge and agree to comply with the following Ads Listings Quality Policy. Optima Web Marketing Services reserves the right to delete any content that violates any of ‘Property Box’ and the site management’s terms or is otherwise inappropriate.

In the event that there’s a violation of any of our terms of use, our team may remove all or certain bits of your ad listings from the website,  or terminate your user account(s) and/or restrict your access to the website.

1. Advertising Guidelines on Listings.

1. Advertising Guidelines on Listings.

a. Advertising Listings. Any ads on the site may only be advertised by the real estate Agent (“invited to the responsible agency”) who is assigned as an Agent for such listing.

An Ad listing may also be advertised by an agent as an individual – who doesn’t represent any company/Agency. These individuals shouldn’t have any misleading information their profile; simply their identity as independent marketers with no company infos.

b. Inactive Agents/Teams. In the event that; an agent currently listed as part of your team, no longer works with your agency; kindly notify us for necessary de-activating of their account and who to re-assign the active listings on the site to. Send us an email via [email protected].co.ke .

c. Incomplete Location. Full property address is required for posted listings, to make it easier to geolocate a property on our search pages. Each listing posted on the website must include a complete address, including the street name.

If the address is incomplete, our site management team may remove the listing at any time, without prior warning!

d. For Ads listed using “Owner” account.  To some extent; if our team is unable to verify that you are the property owner, your listing(s) may be removed. If your listing is already posted by a representing agent/agency, you may not list again on the site as “the owner”.

e. Prohibited Listings. The Services are limited to residential and Commercial real estate Buildings. You cannot use our website to advertise the following, with no limitations to: land/plots for sale, farms, parking space, leasing grounds.

k. Ad Text containing hyperlinks. If a listing has a site link, the link may only direct to: either your website or represented client’s website and not link to any site that is not 100% owned and controlled by you, your Agents, your broker. Links cannot be used to direct to sites including: property24.co.ke, buyrentkenya.com either.

2. Prohibited Self-Promotion

2. Prohibited Self-Promotion.

‘propertybox.co.ke’ cannot and should not be used for the purpose of posting self-promoting information on listings description, photos and users’ profile pages.

a. Photos and Videos. You may not include marketing information, including, without limitation, phone number and/or email address on listing photos, whether as text, or watermark, or otherwise.

b. Ads Descriptions. You cannot include marketing information, including, (without limitation), an Agent’s name, phone number and/or email address within a listing description – only do so at the “listed by” field on the property submit page.

c. User Profile Name and Photo. You cannot include contact information, or any marketing information (such as a phone number, email address, website link, or special offers) in your user profile photo or as part of your name as seen on your profile.

You may not display an agency, business name or team name in your user profile Name. Such are identified only on the submitted agency page requests; which collectively showcase invited agents who have joined the respective agency.

TERMS OF USE

Welcome to Optima Web Marketing, Property Box website (“Property Box Kenya”).  The following terms of use (“Terms of Use“) state how we implement your use of all services and any digital products from us via the site domain: propertybox.co.ke

Each of these Services are provided either directly by Optima Web Marketing Services and its subsidiaries (“we”, “us”, “our”) or via various third party platforms (e.g. mobile apps or website…).

Kindly, take time to read these Terms of Use carefully. Also, please note that: by using the Services, you agree to be bound by these Terms of Use and any notices or additional terms posted within thereof. If you do not agree to be bound by these Terms of Use, please refrain from accessing any bit of these Services.

1. Changes to the Terms of Use

At Optima Web Marketing Services, we may change these Terms of Use at any time. And you’d be notified of these changes, either in writing or electronically (including without limitation, by email or by posting a notice on a Service that the terms have been “updated” or similar words).

The changes also will appear in this document, which you can access at any time by going to the legals link group at the footer of all our digital platforms and Services.

By using any of these Services, after changes are made to the Terms of Use you signify that you agree to be bound by such changes. Therefore, You are responsible for a regular review of these Terms of Use. Note: You waive any right you may have to receive individual notice of changes to these Terms of Use.

2. Permitted use of this website and Services

Unless you are a real estate professional (and listed on our website) , you are prohibited from commercial use of these Services. And so, you do agree that access to the Services is specifically and only made available to you for personal non-commercial use.

 

2.1 The text, graphics, images, video, artwork, design, organization, theme’s look and feel, advertising techniques and all other intellectual property available through the Services offered by us; are our property or the property of our advertisers and licensors and are protected by copyright laws of the applicable state.

Note: Unless you have our written consent, you may not use, sell, publish, distribute, re-transmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow personas or employees, with the following exceptions:

 

2.1.1 For “the Proprietary Content” and press articles that are written and published by us, you may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Services.

If you need to distribute Proprietary Content from any of our services – to a larger number of individuals; kindly consult the Optima Web Marketing Team in writing/email using the address beneath. For any Content that is not Proprietary Content, kindly don’t assume that you have the rights granted in this Section 2.1.1.

*Your rights of redistribution will be limited to any special terms, conditions and restrictions applicable to such Content.

 

2.1.2 If we feature an email and/or other sharing functionality on a particular article in the Services, you may use the same email functionality and/or other featured sharing functionalities to share such article with other individuals.

 

2.1.3 While you may download (via print function as a PDF or emailed link), store and create an archive of articles from a Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis.  Additionally, you may not use such an archive for commercial purposes.

 

2.2 You understand that all third party Content available through the Services is solely the responsibility of the third party Content provider. *Without limitation to the foregoing, we are not responsible for listings that are available through the Services.

  • You agree not to rearrange or modify the Content available through a Service.
  • You agree not to display, post, frame, or scrape the Content for use on another web site, app, blog, product or service, except as otherwise expressly permitted by these Terms of Use.
  • You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

2.3 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

2.4 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

2.5 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for using a Service.

2.6 Google Maps web mapping service is included as a tool within the Services. Your use of Google Maps is subject to Google Map’s terms of use which are available at http://www.google.com/intl/en-US_US/help/terms_maps.html.

2.7 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

2.8 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

3. Third Party Services and Software

Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, Third Party Services) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates.

We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy notices), whether the Services’ or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise.

Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy notice of each Third Party Service you use.

Further, your dealings with any third party in connection with your use of the Services are strictly between you and such third party; we take no responsibility for your dealings with any third party.

4. Copyright Policy

If you are a copyright owner or an agent thereof and believe that any content on this site infringes upon your copyrights, you may submit a notification pursuant in detail to us for review and further action.

Additionally, include the following in your pursuant:

  • An electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, (if multiple copyrighted works), a representative list of such works on the site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Address:

Phone: (+254) 020.784.0050
E-mail: [email protected]

5. Arbitration Agreement

Arbitration is a non-judicial process for the settlement of disputes where an independent third party – an arbitrator – makes a decision that is binding.

 

5.1 The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms of Use or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by an institution qualified and recognized within the arbitration firms within Kenya – and in accordance with its Arbitration Rules and the Supplementary Procedures for Related Disputes. You agree that by accepting these Terms of Use, you and we are each waiving the right to trial in court, except as otherwise stated above. Any arbitration under these Terms of Use will take place on an individual-only basis; and, by accepting these Terms of Use, you are giving up the ability to participate in, say a class action.

5.2 Unless you and we agree otherwise, the arbitration will take place within a court of law in Nairobi, Kenya – or you can choose whether you would like arbitration process carried out based only on documents submitted to the arbitrator, or by a hearing in person, or by phone.

5.3 arbitrator may award money or equitable relief in favor of only an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

6. Cookie Policy

This is the Cookie Policy for Property Box, accessible from https://propertybox.co.ke

 

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

 

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

 

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

 

The Cookies We Set

    • Account related cookiesIf you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
    • Login related cookiesWe use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
    • Email newsletters related cookiesThis site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
    • Orders processing related cookiesThis site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
    • Forms related cookiesWhen you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

    • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.For more information on Google Analytics cookies, see the official Google Analytics page.
    • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
    • As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
    • We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.
    • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; {List the social networks whose features you have integrated with your site?:12}, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

7. General and Additional Terms

General

 

These Terms of Use contain the final and entire agreement between us regarding your use of the Services and supersede all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. These Terms of Use are personal to you, which means that you may not assign your rights or obligations under arising pursuant to these Terms of Use to anyone. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to any conflict or choice of law principles.

For all litigation which may be brought, subject to the requirements for arbitration here-under, with respect to any controversy or claim, arising out of or relating to these Terms of Use or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York. These Terms of Use will not be governed by any other law institute outside Kenya.

 

Additional Notices.

We employ cookie technology. Read the above (Term No. 6) Cookie Policy for more information on our use of cookies.

DISCLAIMER

The content that already exists on the Site:

  • Aside from user generated content, is owned by us (or our suppliers).
  • Is made accessible on the Site, subject to all rules and restrictions set forth in the Terms of Service.

We issue No guarantee, warranty or representation of any kind, in regard to the completeness or accuracy of property listing details, including: measurements i.e. square footage or acreage. or property condition i.e (building standards, structural soundness, furnishing etc )

*such info should be independently verified, prior to purchase or renting.

Property box Team and the Optima Web Marketing Group expressly disclaims any liability in connection therewith.

Additionally, this site does not offer any financial or legal advice in any case whatsoever.