Welcome to HOME ASSURED ONLINE. In these Terms & Conditions, the terms ” HOME ASSURED ONLINE “, “Website”, “We”, “Us” and “Our” refer to HOME ASSURED ONLINE and the terms “You”, “Yours” refer to You as a user of HOME ASSURED ONLINE.
- By using HOME ASSURED ONLINE platforms, you accept the Following Terms & Conditions. This is a legally binding agreement between you and HOME ASSURED ONLINE;
The present Terms and Conditions apply exclusively to the relationship between HOME ASSURED ONLINE and the participants using the Public Area of the databases operated by HOME ASSURED ONLINE
Any participants’ own terms will be superseded by these terms.
The material that appears on this Website is for general information purposes only. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this Platform, and You should not rely on it without independent verification before purchase or committing any order.
- HOME ASSURED ONLINE will provide participants means to advertise their property on the site (sellers) and will display said property for an agreed amount of time to internet visitors (buyers).
- HOME ASSURED ONLINE reserves the right to temporarily limit access to the Website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisements during that period
TRANSACTING (Buying and Selling/let/leasingProperty)
- HOME ASSURED ONLINEplatform (homeassured.co.ke) is a real estate listing and information service that brings together buyers and sellers via the Internet thus is not a party to any transaction between property buyers and sellers that originate on or through this Website. At no time shall HOME ASSURED ONLINE have any obligations or liabilities in respect of such transaction. Information about a particular advert is supplied by the advertiser, HOME ASSURED ONLINE in no way represents that this information is accurate. The price and other terms of any advert remain subject to direct negotiation between the prospected client and the advertiser.
- Though we hope that all who come to HOME ASSURED ONLINE will act honourably and treat each other fairly, we cannot verify the information that advertisers supply or guarantee the advert they offer. Nor can we assure the advertiser that the payment he or she receives from the prospected clients are legitimate when using this website to find a client for your property
- We urge you to use the same common sense and good judgment You would use in selling/letting/leasing a property through, or responding to, a classified ad in the newspaper.
LISTING YOUR PROPERTY
- In order for You to offer a property for sale/lease/let through our Sell button service for private sellers; You must have possession/authority of the actual asset listed and the ability to /transact or transfer title. To list a property for sale on HOME ASSURED ONLINE platform, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller.
- You may not charge any potential buyer/tenant for information about any property listed for sale/let/lease on HOME ASSURED ONLINE, nor may you use our Website to promote, without our prior written permission, any other Website, product, or service.
- Responsibility for the information contained in each listing lies with each advertiser. You alone are responsible for the material You post, including listing information and photos of your property, and for the content of all email messages, You transmit through HOME ASSURED ONLINE. Nothing will undermine a user’s confidence in the propertyYou are looking to sell/lease faster than inaccurate statements or misleading representations about the property. And since any erosion of user confidence in You is likely to be accompanied by erosion of user confidence in us, We care deeply about making sure that the information You supply is accurate and that, in all respects, You treat other HOME ASSURED ONLINE users fairly and honourably.
- In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing.
- Though We cannot monitor every transaction that originates through a listing on HOME ASSURED ONLINE, We may, from time to time, perform random quality assurance tests to confirm that those who offer properties for sale/let or lease.
- By using our Website, You agree to cooperate in these quality assurance tests. If our tests reveal, or We, otherwise learn, that an advertiser may be violating the terms of this Visitor Agreement, We reserve the right to deny that seller use of services offered on our Website and any affiliated Websites and remove that advertisers listings from each site.
- By listing a property on this Website, You agree to use the email addresses of those responding to your listing only to communicate with them about the potential clients of that property.
- HOME ASSURED ONLINE also reserves the right suspend, disable, cancel or terminate the Advertiser’s account with or without notice and refuse to supply further services to the Advertiser or entities associated with the Advertiser.
ENGAGING ON POSTED ADVERTS
Before engaging an advert or any other goods or services you have read about on HOME ASSURED ONLINE, You should confirm with the advertiser any information, including the price, location, documentation that is important to your decision. HOME ASSURED ONLINE is not responsible for and does not guarantee the performance of, any such adverts, goods or services listed or restricted on www.homeassured.co.ke.
CONTENT REQUIREMENTS AND RESPONSIBILITY
- Users are obliged to submit correct and full information about their property. HOME ASSURED ONLINE is not responsible for any damage arising from placement of false information.
- Users can include photos with their advertisements. These photos have to be representative of the property at sale/let/lease and infringe on the intellectual property rights of third parties. HOME ASSURED ONLINE does not have any influence on these photos and will in no way be accountable for their contents.
- The wordings of the advertisements should be in accordance with all laws and regulations of Kenya.
- The user shall take full responsibility for the contents of the advertisements. HOME ASSURED ONLINE in no way endorses these advertisements in terms of their correctness or completeness.
- HOME ASSURED ONLINE denies all warranty and liability for the compliance of advertisements with statutory provisions and their accuracy.
- HOME ASSURED ONLINE expressly denies warranty and liability in case a transaction resulting from the advertisement does not take place, due to whatever reason.
- The user releases HOME ASSURED ONLINE from all third party claims against HOME ASSURED ONLINE in such circumstances that the user’s advertisement violates the rights of this third party, or by any other use of the Website. The user also agrees to assume any necessary costs, including but not limited to, legal and court fees necessary to protect the rights of HOME ASSURED ONLINE.
- Under circumstances of force majeure, such as lawsuits, failure in communication technologies, natural disasters, and other such occurrences, HOME ASSURED ONLINE will be released of its obligations to perform. No claims can be made to HOME ASSURED ONLINE under such circumstances.
CANCELLATION AND TERMINATION OF ADVERTISEMENTS
- To preserve a represented and current database, HOME ASSURED ONLINE database must be as correct as possible. Users are required to remove their property advertisements as soon as their property is no longer for sale/let/lease. HOME ASSURED ONLINE expressly reserves the right to remove advertisements from its database when the property can no longer be assumed to be for sale.
- You agree that we may, under some circumstances and without prior notice to You, terminate your use of and access to any of the parts of our Website to which We restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and You agree that We will not be liable for any termination of your use of or access to the Website or any part of the Website.
COPYRIGHT AND USAGE RIGHT:
Any and all data, information, company logos, texts, programs and images of advertisements placed on the HOME ASSURED ONLINE Website are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants’ as HOME ASSURED ONLINE own data. The copyright associated with an advertised property, i.e. photos and text, does remain the property of the advertiser.
APPLICABLE LAW AND COURT:
These terms and conditions are governed by the laws of Kenya