Terms and Conditions

Terms of Use

 By accessing any service or using the content or marketing information of HouseLink Rentals, you agree to accept and be bound by the terms of service herein which acts as a legal agreement between the company and you. The reference “YOU” is therefore adopted to refer to any member, visitor, or third-party affiliate who access the website or any other online platform that relates directly to the HouseLink rentals website and its content. Houselink shall therefore be adopted to refer to HouseLink Rentals website in this document. The information contained herein will supersede any other written document that may contradict the provisions of this document to the extent of such contradiction. The information of this document shall be updated periodically and when need be without prior notice to you and the company shall not be responsible to any liability that may arise due to ignorance or negligence of the user to such modifications. You are therefore advised to read through the following document before you agree to solicit any service from HouseLink website and to keep updating yourself with the information of this document from time to time. If you do not agree with the terms stipulated in this document, please leave the website and do not access any service from the main website or any other affiliate sites of houselink.co.ke

General usage by tenants

Under the provisions of this document tenants refer to any person or a group of persons that access our website to search for a residential or commercial house or land. Tenants shall access free service from the website for non-commercial personal use and as a tenant you agree not to;

Modify, distribute, resell, copy, display, perform, publish, reproduce, license, derive statistical metrics, frame or use in other websites, sell information and content, databases, user lists, software or a product in another site not linked to HouseLink without legal permission to do so HouseLink;

Get unauthorized access to the server or users’ databases with the aim of screen scrapping;

Unless you’re explicitly allowed, you shall not create link or backlinks of the website in other webpages/sites.

You shall not post any written or pictographic material that jeopardize the service or tarnish the reputation of the website.

You shall not threaten, intimidate by words or actions to any employee of HouseLink, other users, realtors or any other party who surf through the website.

The company shall not be responsible for the availability, accuracy, and efficiency of any material, content, advert, or property by a realtor or third-party representative that is available on the main website, social media links or any other affiliated website.

General usage by property managers/ realtors

This document shall adopt property managers to refer but not limited to landlords, agencies/realtors, land selling/buying companies and real estate developing companies. Such parties shall have an access to the site for them to list their properties for public viewing subject to the following stipulations;

That you shall upload both informative and promotive written and pictographic materials in a responsible manner and that you shall not in any way or otherwise threaten, harm or destroy the reputation of the website or any affiliate page linked directly or indirectly to HouseLink Rentals.

You agree that HouseLink at any point in time and in its explicit discretion can deny the login access to the site if there seems a threat to unauthorized access.

The company will terminate or suspend for a period a members’ account if there is credible and reliable evidence of malicious activities in the underlying that may interfere with smooth running of the site and if such actions persist the company will terminate with or without notice of service to such a client.

You completely agree that your account will be permanently terminated if any of the terms of use is violated without prior notice for such closure.

You agree that you shall not try to manipulate or otherwise access other clients’ accounts.

You further agree that HouseLink has the absolute rights to modify, suspend or discontinue whole service or a portion thereof without prior notice to you and with no liability abiding as a result of such action.

You agree that the company has total, irrevocable, unlimited license to use the information that you provide on this website for marketing and promotive purposes on the main site, backlinks and affiliated social media platforms.

You give the company full rights to modify, distribute, resell, copy, display, perform, publish, reproduce, license, derive statistical metrics on the data you provide us with.

The you are solely responsible for the security of your individual/company account login credentials and that you shall not provide passwords and emails to third parties.

You are fully responsible for the sufficiency, accuracy and reliability of any material that you post on the website for marketing or promotive purposes.

You shall bear any consequential or accidental damage that may result from your use of the company website and the company shall not be responsible for any monetary or customer loss that may result from using the site.

The HouseLink website content

Houselink and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the main site or any other online appearance is owned by HouseLink Rentals and/or third parties with all rights reserved unless otherwise noted. HouseLink grants you a limited license to access and use the content solely for informational, personal and non-commercial purposes (including printing individual pages from the HouseLink provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Content, except with express written consent of HouseLink. You understand that all third-party Content posted on, transmitted through, or linked from the HouseLink website, is the sole responsibility of the third-party originator of such Content. Content is provided through the HOUSELINK AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall HouseLink be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that HouseLink does not screen or approve third-party Content, and that HouseLink shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or HouseLink any Content that is available via HouseLink for any reason

Your content on the HouseLink website

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit”) Content on or through HouseLink you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via HouseLink. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to HouseLink as provided below.

You promise that you will not use the HouseLink to:

Transmit any Content

not related to appropriate subject matters;

which is misleading to others, including consumers;

that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

that you do not have a right to post and transmit under any law or under contractual relationships;

such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

intentionally or unintentionally violate any applicable national or international law, or any regulations having the force of law.

By Transmitting Content to the HouseLink , you grant, and you represent and warrant that you have the right to grant, to HouseLink  an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of HouseLink you grant HouseLink all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the HouseLink by any party for any purpose.

HouseLink is committed to maintaining the privacy and security of any and all such information that you provide to HouseLink through the HouseLink in accordance with its Privacy Policy.

Loan-Related Disclosure

This disclosure statement pertains to the conduct of HouseLink, including services HouseLink provides, in connection with the loan industry and websites and mobile applications operated by HouseLink.

HouseLink does not confirm, and does not make or give any guarantee regarding,

(i) any information in any request for, or in any request to be contacted about, a quote, pre-qualification, pre-approval, loan commitment, loan or loan-related document, nor (ii) any information about any consumer, potential borrower or other person who submits or is the subject of an Inquiry, nor (iii) any information about, or in any rating of or feedback about, any advertiser, lender, broker or loan or loan professional

HouseLink does not guarantee any information provided by any borrower, any specific loan terms and conditions offered by an advertiser, lender, broker or loan professional, or that any person will be offered or able to obtain any particular rates, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

HouseLink is not a lender, loan broker, loan originator, loan processor or underwriter. HouseLink does not aid or assist in obtaining loans or loan applications, nor in setting or negotiating any terms thereof, nor in making loan or loan application decisions.

HouseLink does not offer loans and does not solicit or participate in the solicitation of loans or loan applications.

HouseLink does not take applications for loans or credit nor issue or participate in the issuance of pre-qualifications or pre-approvals.

Any request for, inquiry about or agreement to receive or be contacted about loans, loan applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions by any consumer or person (e.g., by way of advertisements on websites or mobile apps operated by HouseLink ) is not, and will not be responded to by HouseLink  as, an order, application, offer or transaction for any credit, loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction or other loan or credit product.

HouseLink does not endorse or recommend any lender, any borrower nor any of the products, rates or offerings of any lender, broker or loan professional.

Nothing contained in any mortgage-related ad or other ad is an offer to provide, or a solicitation for, any loan, loan application, quote, pre-qualification, pre-approval, loan commitment or loan-related transaction.

HouseLink is not an agent of any consumer or borrower nor of any advertiser, lender, broker or loan or loan professional.

HouseLink sometimes may provide advertising services, services to facilitate contact when consumers wish to be contacted by lenders, loan brokers or other loan professionals and/or other like services relating to use of websites or mobile apps HouseLink operates.

Decisions regarding loans applications, quotes, pre-qualifications, pre-approvals, loan commitments or loan-related transactions are not made by HouseLink but are made by lenders, brokers or other loan professionals which might include participating advertisers of HouseLink.

HouseLink  does not make or give any guarantee regarding, and assumes no responsibility for, any such decisions, nor any acts or omissions of lenders, brokers or other loan professionals, nor any result or consequence (direct or indirect) of any business transaction (actual, proposed or discussed) or related communications between lenders, brokers or other loan professionals and any other person, nor any rates, information or other content on or accessible through any website or app that did not originate solely from HouseLink .

The foregoing disclosures reflect HouseLink ’s good faith conclusions regarding the subject matter of such disclosures, and HouseLink takes no responsibility for, and shall have no liability as a result of or in connection with, any assertions, findings or conclusions that might be made, adjudicated, established or otherwise reached by anyone other than HouseLink, nor any actual or alleged inaccuracy of or other fault with any such disclosures.

Limitation of Liability

In no event shall HouseLink  be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the HouseLink , with the delay or inability to access or use the HouseLink  or related services, the provision of or failure to provide  services, or for any content, software, products and services made available or obtained through the HouseLink website , or otherwise arising out of the use of the HouseLink , whether based on contract, tort, negligence, strict liability or otherwise, even if HouseLink  has been advised of the possibility of damages. Any services or content made available or obtained through the use of the HouseLink is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom. If you are dissatisfied with any portion of HouseLink with any of these terms of use, your sole and exclusive remedy is to discontinue using the HouseLink.

 

Arbitrate Agreement

These Terms of Use are governed by the constitution of KENYA without regard to conflicts of laws principles. YOU HEREBY AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT MAY ARISE BETWEEN YOU AND HOUSELINK SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.  YOU AGREE THAT YOU AND HOUSELINK MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOUSELINK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. FURTHER, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

Copyright regulations

All materials on HouseLink website (as well as the organization and layout of the HouseLink) are owned and copyrighted or licensed by HouseLink, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on HouseLink is permitted without the written permission of HouseLink.