END USER LICENSE AGREEMENT (EULA)
for NextGen-Nyumba Connect Hub
Effective Date: 1st October 2024

Welcome to NextGen-Nyumba Connect Hub (NCH)

The following End User License Agreement ("Agreement") governs your use of the NextGen-Nyumba Connect Hub platform, including the website www.nyumbaconnecthub.com ("Platform"). By accessing, registering, or using Platform, you agree to comply with and be bound by these Terms. Please take the time to read them carefully before using our platform.

Definitions:

      Platform: Refers to the website, mobile application, and any related services provided by NextGen-Nyumba Connect Hub.
      User: Any individual or entity accessing or using the Platform, including property buyers, sellers, agents, or other stakeholders.
      Content: Any data, text, images, videos, listings, or other materials uploaded or shared on the Platform.
      Services: The services provided by the Platform, including but not limited to property listings, connecting buyers and sellers, and facilitating communication.
Acceptance of Terms

By accessing or using NextGen-Nyumba Connect Hub, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these Terms, you must refrain from using the platform.

This Agreement constitutes a legally binding agreement between you and NextGen-Nyumba Connect Hub ("Company," "we," "us," or "our"), defining your rights and responsibilities while using the Platform.

Parties Involved
Licensor:

NextGen-Nyumba Connect Hub ("NCH"), a registered entity specializing in:

  1. property management services
  2. Moving services
  3. Article writing and publication
  4. property-listing

NCH provides an online platform facilitating interactions among various users in the housing and property management ecosystem.

Licensee:

Any individual or entity using the platform in any of the following capacities:

  • Landlord: Authorized to list and manage properties for rent or lease
  • Agent: Represents landlords or tenants in property-related transactions
  • Tenant: Searches for housing, applies for rental opportunities, and engages with property owners or agents
  • Article Writer: Creates and submits original content relevant to property management, housing, or related topics
  • Mover: Offers moving or relocation services through the platform
  • Guest (Unregistered User): Browses publicly available content but cannot access restricted features or participate in transactions
Account Registration

To access certain features of NextGen-Nyumba Connect Hub ("NCH"), users are required to register an account. The following terms govern account registration and use:

User Eligibility:

Users must be at least 18 years old to register for an account.

Have the legal capacity to enter into a binding agreement.

Comply with all applicable laws and regulations in Kenya.

By accessing or using the platform, you confirm that you meet all the requirements above.
Registration Obligations:

You agree to provide accurate, up-to-date, and complete information during the registration process.

It is your responsibility to update your account information promptly if there are any changes.

Account Security:

Users are responsible for safeguarding their account credentials, including their username and password.

Keep your login credentials confidential and do not share them with others. NCH recommends using strong, unique passwords and changing them periodically to enhance security.

User Responsibility:

All activity conducted under your account is your sole responsibility. This includes transactions, communications, and any actions taken using your account.

You agree to use your account solely for lawful purposes and in compliance with these Terms.

Unauthorized Access:

If you suspect unauthorized use of your account or any security breach, you must notify NCH immediately via the provided support channels.

NCH reserves the right to suspend or terminate accounts involved in suspicious or unauthorized activity to protect platform integrity.

Privacy Policy

NCH is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

Grant of License
Nature of the License:

The license is non-exclusive, meaning users share access rights with others.

it is non-transferable, prohibiting users from assigning their access or rights to others.

The license is revocable, allowing NCH to terminate access if users violate these Terms.

Scope of the License:

Users are permitted to access and use the platform strictly for personal or professional purposes that align with their designated role (e.g., landlord, tenant, agent, mover, etc.).

The license does not grant ownership or any proprietary rights over the platform, its software, or content.

Restrictions on Use:

Users may not sublicense, distribute, or commercialize any portion of the platform without explicit authorization from NCH.

Activities outside the intended scope, such as attempting to exploit platform features for unrelated purposes, are strictly prohibited.

Termination of License:

NCH reserves the right to revoke this license at any time for violations of these Terms or misuse of the platform.

Permitted Use and Restrictions

General Restrictions for All Users:

Specific Restrictions by User Type:

Landlord:
Agent:
Tenant:
Article Writer:
Mover:
Guest:
Intellectual Property
Ownership:

All rights, title, and interest in and to the NextGen-Nyumba Connect Hub ("NCH") platform, including but not limited to its software, source code, design, trademarks, logos, branding, text, graphics, images, videos, and other content, are and shall remain the sole property of NCH.

Users acknowledge that they are granted a limited license to use the platform and its features for personal or professional purposes as allowed by these Terms, but such use does not transfer or grant ownership rights of any kind.

User-Generated Content:

Any content uploaded, posted, or otherwise made available by users, such as property listings, job advertisements, blog posts, comments, or reviews ("User-Generated Content"), remains the property of the user.

By submitting User-Generated Content, users grant NCH a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display such content for purposes related to the operation and promotion of the platform.

Users affirm that they own or have the necessary rights to submit any User-Generated Content and that it does not infringe on any third-party intellectual property rights.

Restrictions:

Users agree to the following:

Reporting Infringement

If users believe their intellectual property has been infringed upon by content on NCH, they should contact infor@nyumbaconnecthub.com with evidence of ownership and a detailed description of the infringement.

NCH reserves the right to remove infringing content and may terminate accounts responsible for repeated violations.

Termination of License

The limited license granted to users to access and use the platform may be revoked if users violate these Terms, including any misuse of NCH’s intellectual property.

Reservation of Rights

NCH reserves all rights not expressly granted in these Terms. Use of the platform for purposes beyond those outlined in this agreement requires prior written authorization from NCH.

Payment Terms

Payments for services must be made as specified on the platform.

Non-payment may result in restricted access or termination of services.

Property Listings

Landlords and agents must ensure all property details are accurate and up to date. NextGen-Nyumba Connect Hub reserves the right to remove any fraudulent or misleading listings.

Services and Job Offers

NextGen-Nyumba Connect Hub enables users to post and apply for job offers related to property management, including caretaking and cleaning, which may be advertised through the website. Users must adhere to all relevant labor laws.

Disclaimer on User Interactions

User Responsibility:

Interested users, whether job seekers or house seekers, are solely responsible for verifying the accuracy, validity, and authenticity of information posted on the platform.

Users must conduct their own due diligence, including verifying property details, job offers, and the credentials of other users before entering into any agreement or transaction.

Liability Waiver

NextGen-Nyumba Connect Hub (NCH) will not take responsibility for any disputes, damages, or losses arising from user interactions, including but not limited to:

Platform Limitations

NextGen-Nyumba Connect Hub (NCH) does not guarantee the accuracy or completeness of user-submitted content. While we strive to provide a reliable platform, the following limitations apply:

Reporting Violations

While NCH is not liable for user interactions, we encourage users to report any fraudulent, abusive, or inappropriate content. If you encounter any issues or violations, please report them using the platform's complaint or reporting features.

Verified complaints may result in the suspension or removal of accounts violating our terms of service. NCH reserves the right to take appropriate actions, including banning users who engage in fraudulent activities or violate platform rules.

Limitation of Liability

NyumbaConnectHub ("NCH") strives to provide a reliable and secure platform for connecting users in the property management ecosystem. However, by using the platform, you acknowledge and agree that NCH's liability is limited under the following terms:

Data Loss or Unauthorized Access

NCH is not liable for any data loss, breach, or unauthorized access resulting from hacking, system failures, or other external security threats. While we implement industry-standard security measures, no platform can guarantee complete protection against such risks.

Users are encouraged to safeguard their account credentials and report any suspicious activity immediately.

Platform Malfunctions or Errors

NCH is not responsible for any interruptions, delays, bugs, or malfunctions that may occur on the platform. This includes errors in listing properties, applying for jobs, or communicating with other users.

We aim to minimize downtime and promptly address technical issues, but such occurrences may arise due to factors beyond our control, such as third-party service disruptions or maintenance activities.

Misuse of Information by Other Users

NCH cannot guarantee that all information posted by users (e.g., property listings, job offers, or personal details) is accurate, truthful, or used appropriately.

Any misuse, misrepresentation, or fraudulent activity by other users is beyond the control of NCH. We encourage users to exercise caution and report such incidents for investigation and potential account suspension.

Indirect, Incidental, or Consequential Damages

NCH disclaims all liability for indirect, incidental, or consequential damages arising from the use or inability to use the platform. This includes, but is not limited to:

No Guarantee of Outcomes

NCH does not guarantee specific outcomes from using the platform, such as securing a rental property, finding a job, or achieving satisfactory agreements with other users. All engagements are at the user's own risk.

User Responsibility

By using the platform, users accept full responsibility for verifying the authenticity, reliability, and validity of the information provided by other users.

Third-Party Services and Links

The platform may contain links to third-party services or integrate third-party tools. NCH is not liable for the functionality, security, or content of these external services.

Force Majeure

NCH shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, such as natural disasters, governmental actions, internet outages, or acts of terrorism.

Termination of Accounts

NextGen-Nyumba Connect Hub ("NCH") reserves the right to suspend or terminate user accounts under the following circumstances:

Violation of Terms and Conditions

Engaging in activities that breach any part of these Terms, including but not limited to misrepresentation, misuse of the platform, or failing to adhere to specific responsibilities outlined for landlords, tenants, agents, or bloggers.

Fraudulent or Unauthorized Activities

Using false information or impersonating others during account registration or platform interactions.

Engaging in activities that aim to deceive or exploit other users, such as fraudulent property listings, fake job offers, or unauthorized transactions.

Breach of Applicable Laws or Rights of Others

Violating local, national, or international laws while using NCH, such as labor laws, rental regulations, or anti-discrimination laws.

Infringing on the intellectual property rights, privacy, or other legal rights of other users or third parties.

Abuse or Misuse of the Platform

Posting content that violates community standards, including hate speech, harassment, or explicit material.

Repeatedly submitting inaccurate, incomplete, or irrelevant information in property listings, job offers, or other platform interactions.

Non-Compliance with Payment Obligations
Receiving Multiple Verified Complaints

If NCH receives and verifies repeated complaints about your behavior, actions, or listings, your account may be reviewed and terminated to ensure platform integrity and user safety.

Platform Integrity and Security Concerns

Activities that compromise the security or functionality of the platform, such as attempting to hack, disrupt, or misuse NCH systems.

Process of Termination
Notification

In most cases, users will be notified via email regarding potential violations and given an opportunity to address the issue. However, in cases of severe misconduct, immediate termination may occur without prior notice.

Appeal

Terminated users may appeal the decision by contacting NCH support at infor@nyumbaconnecthub.com. Appeals will be reviewed on a case-by-case basis, and NCH reserves the right to make final decisions.

Effect of Termination

Upon termination:

Dispute Resolution
Informal Resolution

Users agree to first attempt to resolve any disputes informally by contacting NCH support at infor@nyumbaconnecthub.com or +254 106 337 331.

Provide a clear description of the issue, any supporting evidence, and desired resolution.

NCH will review the matter and make reasonable efforts to mediate and resolve the issue within 14 business days.

Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration conducted in accordance with the rules of the Chartered Institute of Arbitrators, Kenya Branch (CIArb Kenya), as agreed upon by both parties.

The arbitration will be conducted in English and held in The arbitration will be conducted in English and held in Nakuru, Kenya.

The arbitrator's decision will be final and binding, and judgment on the award rendered may be entered in any court having jurisdiction.

Governing Law

This agreement, including any disputes arising from it, is governed by the laws of Kenya, without regard to its conflict of law principles.

By using NCH, users agree to submit to the jurisdiction of Kenyan courts for any disputes not resolved through arbitration.

Costs and Fees

Each party is responsible for their own arbitration costs, including legal representation, unless otherwise determined by the arbitrator.

In the event a user initiates a dispute found to be frivolous, NCH reserves the right to seek compensation for incurred legal and administrative fees.

Changes to the Terms and Conditions

NextGen-Nyumba Connect Hub reserves the right to update or modify these Terms at any time. Users will be notified of any significant changes, and continued use of the platform after such changes will be deemed acceptance of the revised Terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms will be resolved through binding arbitration or in a court of competent jurisdiction.

Contact Us

If you have any questions or concerns about these Terms, please contact us through the contact information available on our website or +254 106 337 331