TERMS OF USE

Last updated (June 13th, 2024 )

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1. WHO WE ARE AND HOW TO CONTACT US

We are PROPERTY BOX, primarily accessed at https://propertybox.co.ke

We are registered in Kenya, as a subsidiary of Optima Web Marketing Services and have our office along Statehouse crescent Rd. Kilimani, Nairobi. 

We are not a property sales or lettings agency. We are the providers of the Site.

It’s the users of the website that entails real estate agents, landlords, property developers and home owners that display property details as advertisements on our site; for you to view

Should you need any information regarding our site, you may contact us via email at: hello@propertybox.co.ke

2. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (referred to as “you” and/or “your”) and OPTIMA WEB MARKETING SERVICES, the owner of Property Box (“Property Box“, “we”, “us”, or “our”), concerning your access to and use of the site at propertybox.co.ke,  as well as any other media form, media channel, print, mobile website or mobile application related, linked, or otherwise connected thereto (collectively referred to as, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using this site you accept these terms: 

  • (i) You are at least 18 years of age. The Site is intended for users who are at least 18 years old. By using and/or Registering on this site, confirms that you are aged 18 and above.
    • (a) all registration information you submit will be true, accurate, current, and complete;
    • (b) you will maintain the accuracy of such information and promptly update such registration information as necessary;
    • (c) you have the legal capacity and you agree to comply with these Terms of Use;
    • (d) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; 
    • (e) you will not use the Site for any illegal or unauthorized purpose; and
    • (f) your use of the Site will not violate any applicable law or regulation.
  • (ii) By using the Site, you represent and warrant that: If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 
  • By registering with the Website and creating a user account, you thereby consent to receive periodic email communications regarding our Services, including activation emails. You may opt-out of receiving Special Offers at any time by sending an email to hello@propertybox.co.ke
  • By contacting us, or creating a user account with the website and becoming a registered user, you thereby consent to receive electronic communications, including email, instant messages and calls or whatsapp texts from us and/or other users contacted on the site.
  • You may choose to or we may invite you to submit comments or ideas about improvements to this site, or our other websites or any other component of our products or Services (commonly referred as “ideas” or “feedback”). If you submit an Idea or feedback to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that Property Box has no fiduciary or any other obligation to you in connection with any idea you submit to us, and that we are free to use your ideas without any attribution or compensation to you.
  • For advertised ads, you may only use our site for legitimate transactions with your customers/clients. You know your customers/clients better than we do, and you are responsible for your relationship with them.
    As part of compliance with the Office of Data Protection Commisioner, and our payment processing partner – Paystack, we are expected to conduct appropriate KYC on our business partners, associates and clients; this warrants us to request and obtain KYC information from you, which may include but not limited to your name, email address, phone number, service purchased and a physical address. You also agree that we may share this data with our partners for the purposes of verification or where it’s required by law, when asked to produce such.
3. WE MAY MAKE CHANGES TO THESE TERMS

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated ” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  

4. WE MAY MAKE CHANGES TO THE SITE

We reserve the right in our sole discretion to:

  • (i) monitor the Site for violations of these Terms of Use;
  • (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • (iii) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • (iv) Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
  • (vi) We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
Kindly Note:

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

5. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and ALL source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Kenya, international copyright laws, and/or international conventions; where applicable.

The Content and the Marks are provided on the Site “as is” for your information and personal use only.

*Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

As we asks others to respect Property Box ‘s intellectual property rights, we respect the intellectual property rights of others.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Property Box to delete, edit, or disable the material in question, you must provide Property Box with all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringed 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 Property Box to locate the material;

(d) information reasonably sufficient to permit Property Box to contact you, such as a name, telephone number, and an email address at which you may be contacted;

(e) 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

(f) 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.

For this notification to be effective, you must provide it to Property Box ‘s designated officer at: copyright@propertybox.co.ke with the subject line “Copyright Violation.”
Property Box will respond to all compliant infringement notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

6. USER AGREEMENT

To access some of the Services within our website, you must register for an account (“Account”).

User Agreement Terms

For your clarification, below are definitions of some of the terms used in this Agreement,

  • “user” means a registered user of the Website, or a site visitor.
  • “KYC” means Know Your Customer processes that we undertake in order to verify our clients before pursuing a business relationship with them;
  • “Dashboard” means the interactive user interface that a user may access in order to view information about their Account.
  • “Data” used without a modifier means all Payment Data, Personal Data, and Property Box Data.
  • “Data Protection Regulations” means the Data Protection Act 2019 and the regulations thereunder and any amendments to, or replacement of, the same.
  • “Data Subject” means an identifiable person who are leads or clients of the user; one who can be identified directly or indirectly, in particular by reference to an email address, phone number, name, or to one or more factors specific to his/her physical, or social identity;
  • “Our Customer” or “our client” means a consumer or business that purchases products or services from us.
  • “Confidential Information” means all information relating to either Party which is obtained, whether in writing, pictorially, in machine readable form or orally or by observation in connection with this Agreement, including but without limitation, financial information, know-how, processes, ideas, intellectual property (irrespective of its registrability or patentability status), schematics, trade secrets, technology, customer list (potential or actual) and other customer-related information, sales statistics, market, market intelligence, marketing and other business strategies and other commercial information of a confidential nature;

When you register for Your Account, you may be required to provide us with some information about yourself, and/or entity represented by You.

This information provided by You, is subject to the Privacy Policy outlined within our website.

You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Setting up a Listing Account
  • A registered user on our site voluntarily agrees to allow us to use the provided Personal Information in setting up their account, providing additional services that may include email alerts.
  • A user within this category: “Owner/Agency/Developer” will provide information and KYC documents specified in the “Account Validation” page as part of the registration process. This includes: name, profile image, logo, phone number, email address, physical address, name(s) and email(s) and phone number(s) of agency/developer’s account user(s). a copy of user’s identity document such as Driver’s license, or National ID card. For a business and/or company, identity document include a BRS Certificate, Certificate of Incorporation.
  • Property Box will establish an Account for the Listing user upon completion of the Registration Form and prior to the verification of the listing user’s identity. The user agrees to comply with any and all reasonable requests for further information by Property Box.
  • The Listing user authorizes Property Box, directly or through third parties, to make any inquiries or take any actions considered necessary by Property Box – to validate the user’s identity and verify information that the user has provided to Property Box.
  • In the event that user fails to provide additional information, as requested by Property Box or Property Box is unsuccessful in receiving satisfactory information for verification of the listing user’s identity, Property Box reserves the right to terminate this Agreement with or without a notice to the user, as well as cease to provide access to the Property Box listing and related service.
7.1 FEES AND PAYMENT

You may be required to purchase or pay a fee to access some of our services.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.

We bill you through an online billing account for purchases made via the Site.

Sales tax will be added to the price of purchases as deemed required by us. (We may change prices at any time).

All payments shall be in Kenyan Shilling. Payable to PROPERTY BOX or OPTIMA WEB MARKETING SERVICES either via PAYSTACK, MPESA or Bank Deposit

You agree to pay all charges or fees at the prices then in effect for your purchases.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We also reserve the right to refuse any subscription order placed through the Site.

 

Taxes and Other Expenses

Our stated fees are inclusive of Value Added Tax (VAT) where applicable, as well as all charges and/or costs that may be assessed by our payment processing partners or processors for processing a transaction on our behalf.
We may send documents, such as Invoices and receipts (or paid invoices) to you and regulatory authorities for Transactions processed using our site.

FREE TRIAL

We do not offer any free trial to site users who register with the Site. However, on various occasions we may offer a limited time promo, with coupon codes on display.

Services offered are based on subscription or separate billing, generated through a request for specific ads categories or through the user’s account. (this option is subject to change in future)

CANCELLATION

All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our services, please email us at hello@propertybox.co.ke

7.2 REFUND POLICY

All sales are final and no refund will be issued after the item has been activated.

We’ll only accept refund requests for subscription plan purchase that is inactive. 

If you wish to get a refund for your purchased plan, we must receive your request within 12 hours from the time you received the receipt / paid invoice.

If you are unsatisfied with our services, please email us at hello@propertybox.co.ke

8. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY CONTENT

The Site may contain links to other user content and/or websites (“Third-Party”) as well as articles, photographs, text, graphics, pictures, video, information, and other content originating from third parties.

We are not responsible for any Third-Party content accessed through the Site.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

PROPERTY BOX HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, PROPERTY BOX DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. PROPERTY BOX DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR:

  • (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT;
  • (II) ANY DOWNLOAD, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS;
  • (III) ANY DOWNLOAD, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED;
  • (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND
  • (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

If you decide to access the Third-Party Websites and/or use any of Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party websites and/or third-party users on this Site.

9. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Engage in unauthorized framing of or linking to the Site.
  9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Delete the copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use the username of another user without their consent.
  13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  15. Harass, annoy, intimidate, or threaten any of our employees or users engaged in providing any content or portion of the Site to you.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  19. Except as may be the result of standard search engine, or emails and printed PDFs with site links or Internet browser usage; use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  20. Use a non-contracted buying agent or realtor to make offers of purchases or lease on the Site.
  21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise, especially without the consent of content owners.
  23. Sell or otherwise transfer your profile.
  24. Your content must not contain the following: any material which is defamatory of any person, any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory, any material which does or could potentially infringe the intellectual property rights of a third party
10. USER GENERATED CONTRIBUTIONS
This site gives you an opportunity to create, submit, post, display, publish, distribute, or broadcast;
content and materials , including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
 
Your Content or Contributions on the site may be viewable by other users of the Site and through third-party platforms. As such, these Contributions will be treated as non-confidential and non-proprietary.
 
When you create or make available any Contributions, you thereby represent and warrant that:
 
  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent and/or permission of each and every identifiable person in your Contributions, to use the name, logo, profile photo, and any other personal data to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Site.
 
11. YOUR CONTENT OR CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that:

You have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for the purpose stated on the site’s privacy policy and terms of use, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works; such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility, and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion,

  1.  to redact, or otherwise change any Contributions;
  2. to re-categorize any Contributions to place them in more appropriate locations on the Site; and
  3. to pre-screen or delete any Contributions at any time and for no particular reason, without notice.

* We have no obligation to monitor your Contributions.

12. USER ACCOUNT TERMS  AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

Please Note:  We reserve the right to, in our sole discretion and without prior notice, to deny access to and use of the site (Inclusive of: Blocking certain IP addresses), to any person for any or  for no any reason.  Also, we may terminate your use of this Site or Delete your User Account and Any Content posted by you, at any time, without Warning or Prior Notice, in our sole discretion

In the event that we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. GOVERNING LAW

These Terms shall be governed by and defined following the laws of The Republic of Kenya. PROPERTY BOX, represented through OPTIMA WEB MARKETING SERVICES and yourself irrevocably consent that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

14. DISPUTE RESOLUTION

Informal Negotiations

It’s a requirement, for you as a user of our site, to agree to resolve disputes arising under our Terms of Use, as described in-detail, through a binding arbitration, directly between you and PROPERTY BOX, through OPTIMA WEB MARKETING SERVICES.

In arbitration, either a neutral arbitrator or panel of arbitrators from both sides (you and us), will hear the arguments of both sides, and decide on the disputes in cost-effective and convenient (expedient) manner.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with our Terms of Use, other than claims subject to informal arbitration, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved in a court of law within Kenya, in respect to the applicable laws.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

  1. No arbitration shall be joined with any other proceeding;
  2. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  3. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  4. For the claims and disputes under informal arbitration resolve, neither we or you will have the opportunity to resolve them in court before a judge or jury. We and You, will be unable to pursue claims in a conventional trial and will not be able to participate in a court-based class action or any proceedings, similar.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  1. Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  2. Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of user’s contributions; and
  3. Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction in Kenya, and the Parties agree to submit to the personal jurisdiction of that court.

For User Disputes:

Property Box reserves the right, but disclaims any perceived, implied, or actual duty, to monitor disputes between this site’s users. You agree to hold Property Box harmless in connection with any dispute or claim You make against any other user(s). 

15. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.

LOSS OF DATA. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PROPERTY BOX OR ITS LICENSORS AND SUPPLIERS, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY CONTRIBUTIONS ON THE SITE, INCLUDING THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Listing service disclaimer

The Listing Owner/Agency / Developer does not represent Property Box.
Also, Property Box does not represent the listing Owner / Agency / Developer.
We are not liable for any monetary transaction between you and the listing’s owner / marketing agency / developer.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE FOUR (4) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN KENYAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, partners, and employees, from and against any loss, damage, liability, claim, or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. your Contributions;
  2. use of the Site;
  3. breach of these Terms of Use;
  4. any breach of your representations and warranties set forth in these Terms of Use;
  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Please Note: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.