User Agreement
This Agreement defines the terms of use of the site https://bnr-properties.com (hereinafter referred to as «the site») and its materials and services by the Users. Please read the terms and conditions carefully as they contain important information about your rights and obligations when using the site.
Terms and Conditions of Use
Introduction
1.1 We are Own Space Realtors (Reg. No. PVT-ZQUZ89K) postal address 43080 00100, Nairobi, Kenya.
1.2 We provide this website, for the convenience of buyers, tenants, investors and browsers interested in immovable property, and collect content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties we are marketing.
General Terms
2.1. The terms and conditions are deemed to include our privacy policy and are collectively known as \"these Terms"\.
2.2.When you use the Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use the Site.
2.3. Certain uses of the Site are prohibited and amount to a misuse of our systems and the Site.
2.4 You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use the Site.
2.5. Use of materials and services of the Site is governed by the applicable laws of the Republic of Kenya.
2.6. This Agreement is a Public Offer. By getting an access to the Site materials and/or viewing any pages that constitute the site, a person becomes a ‘user’ and the User is considered to have accepted the terms of the Agreement.
2.7. The Site administration has the right to change the terms of the Agreement unilaterally at any time. Any modifications shall take effect as soon as they are viewable on the site after posting a new version of the Agreement on the Site. If the User doesn't agree to the terms he is obliged to abandon the access to the Site and to cease the use of the Site materials and services.
Privacy
3.1. We intend to use any personal or organizational particulars you submit to us via email, telephone, or the submission forms on the site only to respond to any specific request for information you have made on the site, and, with the exception of possible communication and use of this information in terms of 3.3 and 3.4 below, we will not use this information in any other way or disclose it to any third party without your express written consent, unless forced to do so by law.
3.2. If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your Information to them in order to deliver the service. By using the site you consent to us providing your Information to the third parties licensed by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your Information. In any case, we will not pass your data to anyone who is not also registered with the Data Protection Act or is not subject to these or similar provisions in our contract with them, and we will not allow the third party to use your Information commercially without your consent.
3.3. As a result of your electronic or other communication with us, we may request permission to send electronic messages or other communications of a commercial nature to you, permission that must be explicitly granted by you before we send such communications. We may also use this information to compile profiles for statistical purposes and use such profiles in the course of our business, but these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third party.
3.4. Like many websites, we use \"cookies\" to enable us to personalise your visits to this website, simplify the signing-in procedure, keep track of your preferences and to track the usage of this website. Cookies are small pieces of information that are stored in the hard drive of your computer by your browser. Your browser will have the option to prevent websites using cookies, but please note that this may reduce the functionality of the Site and other websites.
4. Copyright
4.1. All the content on the site, including any and all graphics, text, icons, hyperlinks, private information, designs, trademarks, software, databases and agreements, is the intellectual property of Own Space Realtors and is protected by local and international law dealing with copyright and intellectual property rights.
4.2. Without limitation to clause 4.1, our LOGO is our registered trademark. You may not use or copy it without our prior written consent.
4.3. All rights to this content are reserved, and such content may not be reproduced without the express permission in writing from us. To obtain permission for the use of any content on this site, please contact the sales agent, Arafat Odhiambo at +254 728295522 or email arafat@ownspace.co.ke. All rights not specifically granted in terms of these terms and conditions or by special permission are reserved.
4.4. No business, person or web site may frame this site or any of the pages on the site in any way whatsoever without the permission in writing from us.
5. Hyperlinks
5.1 No person, business or web site may link to any page on the site without first requesting permission to do so from us in writing. Such permission can be obtained from the person referred to in 4 above.
5.2. The Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
5.3. The details of the properties available on the site are provided to us by third parties, private sellers and our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
6. Blacklisting
6.1. We reserve the right to blacklist users from this site and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the site under any other name or through any other user.
7. Disclaimer
7.1. We, the designers of the site and any of the client's agents or representatives shall not be liable for any damage, loss or liability, however arising, from the use or inability to use this web site or the services, content or information provided on and through this web site.
7.2. We make no express or implied representations or warranties that the content and service available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to (type in the word info then) ownspace.co.ke. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
7.3. This web site is available via the internet for any user with access, to view 'as is', and has not been compiled or designed to meet each user's individual requirements. We will not be held responsible for any inconvenience, loss or damage that a user may suffer as a result of failure to meet such requirements. Users are encouraged to give any feedback or comments on the site to the person mentioned in clause 4 above.
8. Security
8.1. Any legal person that delivers or attempts to deliver any damaging code to this Website, to gain unauthorised access to any page on this Website, to tamper with any of the content or pages that constitute this web site or duplicate such pages or content shall be prosecuted to the full extent of the law, and civil damages shall be claimed in the event that we suffer any damage or loss as a result of such actions.
8.2. Whilst we endeavor to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
9. Responsibilities of the parties
9.1. The User agrees not to take any actions, which may be considered as violation of the Kenyan law or the rules of the international law in the field of the intellectual property, copyrights and / or related rights, as well as any action that results or may result in malfunction of the Site and website services.
9.2. Use of the Site materials without explicit permission of the copyright holders is prohibited. For the lawful use of the Site materials it is necessary to conclude a licensed agreement (get a license) with the copyright holders.
9.3. When citing the Site materials including copyright works use of the link to the site is obligatory.
9.4. Comments and other User's posts on the Site shall not contradict the rules of the Kenyan Law and generally accepted norms of morality and ethics.
9.5. The User is warned that the Site administration is not liable for any visit and use of external resources, on the links which may be present on the Site.
9.6. The User agrees that the Site administration is not responsible and has no direct or indirect liabilities to the User for any loss or damage of the Site contents, registration of the copyrights and information of such registration, goods and services, available or derived from external websites or resources or any other contacts arising from the use of the information posted on the Site or links to external resources.
9.7. The User accepts that all the Site materials and services or any other part of it may be accompanied by advertising. The User agrees that the Site administration is not liable and doesn't have any obligations for such advertising.
10. Governing law
10.1. This Website is controlled and operated by Own Space Realtors a legal entity incorporated in terms of the laws of the Republic of Kenya, and therefore Kenya law and the jurisdiction of the Kenyan courts shall govern any action or claim that may arise from the use or inability to use the site.
11. Disputes
11.1. All disputes in terms of this agreement or relating to the use or inability to use this web site shall be settled by arbitration conducted in English in terms of the rules of The Chartered Institute of Arbitrators- Kenya Branch. Such arbitration shall be held in Nairobi, and the unsuccessful party shall pay all costs incurred by the successful party in attending and preparing for such arbitration.
12. Other terms
12.1. All possible disputes arising from this Agreement or related to it shall be settled in accordance with the current laws of Kenya.
12.2. Nothing in the Agreement shall be understood as establishment of Agents relations, partnership relations, relations on joint activities, personal recruiting relations or any other type of relations between the User and the Site administration which are not directly stipulated by this Agreement.
12.3. In case the Court treats any point of this Agreement invalid or unenforceable shall not entail invalidation of other statements of the Agreement.
12.4. Inaction of the Site administration in case of any violation of the Agreement statements by the Users does not preclude the Site administration to take appropriate actions later in defense of its interests and copyrights on the Site materials protected by the law.
13. Whole agreement
13.1. This agreement constitutes the whole agreement between us and the user, and no terms and conditions that are not expressly stated in this agreement may be implied by either party.
13.2. We reserve the right to change this agreement or any part thereof at any time without notice, such changes being deemed to come into effect as soon as they are incorporated in this agreement and viewable on the site.
The user confirms that they are aware of the terms and conditions of this Agreement and assumes them.
Last updated 2020-03-09
