1. Introduction
Prop-Cart by Username (hereinafter referred to as “the Platform“) is a real estate marketplace that connects buyers, sellers, and renters with a diverse range of curated property portfolios.
These general terms and conditions will govern the use of the platform and its related services and shall apply to all users of the website.
2. Acceptance
By accessing, using, and/or visiting this website, you accept to be bound in full by these general terms of use, a user who does not agree to these terms and conditions MUST NOT use the platform.
3. Account Registration
Registrations to the platform are only legible for persons above the age of 18 years.
To register an account on the platform, you will be required to provide an email address/user ID and password and you agree to:
- Keep your login credentials confidential.
- Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and shall not be transferred to a third party. Transfer of the authority to operate and manage your account to a third party shall be at your own risk.
You may cancel your account on the marketplace at your discretion.
4. Obligation of users for property listing
Users interested in listing their property on this platform MUST ADHERE to the following obligations:
- a) Accuracy of information – a user must provide accurate information in relation to their property including but not limited to location, area, and any relevant information.
- b) Ownership details-Users must confirm that they are the registered owners of the listed property and/or provide authorization to list.
- c) Compliance with national and county laws in relation to the purchase of property.
5. Obligations of web host
The web host obligations are as follows:
a) Platform maintenance by ensuring that it is operational and accessible to users.
b) Management of property listing by assisting users of the website and ensuring that the submitted information is properly displayed.
c) Monitoring and removal of suspicious listings.
d) Data protection by complying with data protection laws and regulations.
e) Communicate with users on any information touching or related to their listings and address any user concerns.
f) Display any fees and costs relating to the listings as well as any changes to these fees in any manner.
g) Display property listed by users as agreed between the user and company.
6. Precaution to users.
We advise the users of this platform to conduct their personal due diligence while engaging in the transactions. We note that this platform ONLY serves as a facilitator/enabler and DOES NOT guarantee the authenticity of the listings. Users are encouraged to remain vigilant and validate the accuracy of information provided by other users.
Users interested in purchasing listed property are cautioned against making any payments to purchase the listed property before conducting due diligence including the relevant searches at the Lands Office, and Survey Office, verification of the Vendor’s identity, and a site visit to inspect the listed property in question. Note that the company shall not be liable for any losses incurred as a result of payments made without due diligence or without verifying the property’s legitimacy.
7. Limitation of Liability.
Prop-Cart by Username is not a party to the transactions or agreements made between customers and vendors. Any disputes, claims, or issues arising from such transactions must be resolved directly between the customer and the vendor. The Platform will not be held liable for any loss, damage, or injury that may result from the actions or omissions of vendors.
8. Warranty of indemnity.
Users consent and commit to safeguard, defend, and indemnify the company including its directors, employees, and agents harmless from any and all claims, liability, damage, losses, expenses including legal fees arising out of:
- Any violations of these terms by the users
- Any claims concerning the user’s property listings including disputes with purchasers, other users, and government agencies.
- Violations of applicable laws and regulations by the users.
- Any disputes, damages, or losses incurred due to failure to convert any listings.
- Any inaccurate or incomplete information provided by users on the Platform.
- Any claims brought by customers arising from transactions initiated on the Platform, including, but not limited to, disputes over payment.
9. Breach of these general terms and conditions
If registration of an account on the platform is approved, it shall remain open indefinitely subject to these general terms and conditions.
Breach of these terms and conditions or if reasonably suspected to have breached these general terms and conditions, the platform moderators are allowed to;
- Temporarily suspend your access to our marketplace
- Permanently prohibit you from accessing our marketplace
- Suspend and /or delete your account on our marketplace
10. Amendments
Prop-Cart by Username reserves the right to modify or update these terms of use at any time and continued use of the Platform after changes have been made constitutes acceptance of those changes.
11. Law and Jurisdiction.
These general terms and conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes relating to them shall be subject to the exclusive jurisdiction of the courts of Kenya.
