TERMS & CONDITIONS

1. INTRODUCTION

PropCart (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. OBLIGATIONS OF USER

Users interested in listing their property, product or service on this platform MUST ADHERE to the following obligations:

  1. a)     Accuracy of information – a user must provide accurate information in relation to their listing including but not limited to price, features, location, area, and any relevant information.
  2. b)     Ownership details – Users must confirm that they are the registered owners/agents of the listed property, product or service and/or provide authorization to list.
  3. c)     Compliance with national and county laws in relation to the purchase of property.

 5. OBLIGATIONS OF THE WEBHOST

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 properties, products or services listed by users as agreed between the user and company.

 6. PRECAUTIONS 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 PropCart shall not be liable for any losses incurred as a result of payments made without due diligence or without verifying the property, product or service legitimacy.

7. LIMITATION OF LIABILITY

 PropCart 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. INTELLECTUAL PROPERTY RIGHTS

This section outlines the intellectual property (IP) rights related to content on the PropCart Platform.

  1. Your Content and Our Use

Any information you submit during registration, including data, text, pictures, and other materials you post on the PropCart Platform (collectively, “User Content”), remains your intellectual property. PropCart does not claim ownership of your copyrights or other proprietary intellectual property rights in your registration information or User Content.

However, you agree that PropCart may keep copies of all registration information and User Content. We may use this information and User Content as reasonably necessary to operate our services (“Service”) and as described in these Terms and our Privacy Policy.

  1. License You Grant to PropCart

You grant PropCart a non-exclusive, worldwide, transferable, perpetual, and irrevocable right to:

  • Copy, modify, adapt, and store your User Content.
  • Publish, distribute, publicly display, and perform your User Content.
  • Communicate and make your User Content available to the public in connection with the Service.

This includes the right to use and make your User Content public on affiliated websites, as well as for PropCart’s marketing, advertising, and other promotional purposes.

  1. Your Responsibilities

You confirm and guarantee that your use of the Service, or any part of it, will not infringe upon or violate the rights of any other party, nor will it breach any contract or legal duty you owe to others.

  1. PropCart’s Materials and Marks

All materials on the PropCart Platform, excluding User Content, such as texts, software, scripts, graphics, photos, sounds, music, videos, and interactive functions (“Materials”), along with trademarks, service marks, and logos (“Marks”), are owned by or licensed to PropCart. These are protected by copyright and other intellectual property rights. You are not permitted to use any such Materials or Marks without PropCart’s prior written consent.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

  1. Reporting Infringement

If you are an intellectual property rights holder, or an authorized representative acting on behalf of one, and you believe that content posted on the PropCart Platform infringes upon your or their intellectual property rights, you may send a notification to the PropCart Administrator requesting the material’s removal. By doing so, you warrant that your claim has a legal basis and that you are acting in good faith and in accordance with the law.

  1. Required Information for Infringement Notification

To submit a valid infringement notification, your request must be in the following format and include all of the following information:

  • Signature: A physical or electronic signature of the person authorized to act on behalf of the intellectual property rights holder whose rights are allegedly infringed.
  • Identification of IP: A clear identification of the intellectual property object(s) whose rights are allegedly infringed. If multiple objects are involved, provide a complete list.
  • Location of Infringement: Specific identification of the material(s) alleged to be infringing or to be the subject of infringing activity, including the exact URL(s) of the pages where the material is located.
  • Contact Information: Your contact details, including your address, phone number, and email address, so the PropCart Platform Administrator can reach you.
  • Good Faith Belief: A signed statement affirming your good faith and reasonable belief that the complained-of material is used without authorization from the intellectual property rights holder or their agent, and that such use is not permitted by law.
  • Release from Liability: A signed statement confirming that the intellectual property rights holder releases the Administrator from any third-party claims related to the Administrator’s deletion of the relevant materials.
  • Accuracy and Authority: A signed statement, made under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the exclusive rights holder who is allegedly infringed.
  • Legal Basis: The specific legal regulations you believe have been violated by the disputed content.
  • Jurisdiction: The territory where you believe the rights have been infringed.
  • Supporting Documents: Attached copies of documents establishing your rights to the intellectual property object in question, as well as a document confirming your authority to act on the holder’s behalf.
  1. Where to Send Notifications

Please send all relevant notifications regarding infringement of rights to: admin@propcart.co.ke

9. WARRANTY & 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:

  1. Any violations of these terms by the users
  2. Any claims concerning the user’s property listings including disputes with purchasers, other users, and government agencies.
  3. Violations of applicable laws and regulations by the users.
  4. Any disputes, damages, or losses incurred due to failure to convert any listings.
  5. Any inaccurate or incomplete information provided by users on the Platform.
  6. Any claims brought by customers arising from transactions initiated on the Platform, including, but not limited to, disputes over payment.

10. BREACH OF THESE GENERAL TERMS & 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;

  1. Temporarily suspend your access to our marketplace
  2. Permanently prohibit you from accessing our marketplace
  3. Suspend and /or delete your account on our marketplace

11. AMMENDMENTS

PropCart 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.

12. LAW & 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.

  

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