Welcome to Lacasa Limited (La casa) website www.lacasa.co.ke (the "Site"). These terms and conditions ("Terms and Conditions") govern access of the Site, and all of its divisions, subsidiaries, and affiliates. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. La casa Limited reserves the right, to change, modify, add, or remove portions of the Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will contact us for clarification.
These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
Terms and Conditions of Use:
1. Use of the Site
Use of the site places a confirmation that the user is at least 18 years of age or if a minor, accessing the Site under the supervision of parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms and Conditions. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
La Casa grants a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as gathering prior information regarding payment of rents, tenants, landlords, agents and properties listed herein and relevant services given by this website. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive, and similar actions are also strictly prohibited. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information in the event of any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with failure to comply with this section.
2. User Submissions
Anything submitted to the Site and/or provide to us, including but not limited to, rent reports, default in rent payment, rent arrears, refusals to pay rent, none refunded deposit, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, comments or reviews posted on the Site grants Lacasa the right to use the name that you submit, in connection with such review, comment, or other content.
3. Information Available on Website
Users accept that the information contained in this website is provided as received and intended for information purposes that is subject to change without notice. The services offered by La casa are not intended to be used as the sole basis for any business decision, or to relieve the Client of their obligation to comply with their own obligations under any Applicable Law. La casa services data is based upon data provided by third parties, the accuracy and completeness of which is not economically viable for La casa to guarantee.
The Client acknowledges that it is prudent to use, and it is responsible for using, the Services as one of a number of factors in its decision-making process, and for determining those other factors. Lacasa does not accept any liability for inaccuracy, incompleteness or other error in the La casa data which arises as a result of data provided to La casa by clients, property managers, landlords, tenants or any third party; or any failure of the Services to achieve any particular result for the Client.
The Client agrees to use the Services and materials provided by La casa under this Agreement shall be for the permitted purpose only as specifically permitted by this Agreement. No client shall either themselves or allow a third party to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any Lacasa materials provided under this Agreement without the prior written consent of La casa or as otherwise permitted by law.
4. Accessibility of Website
Accessibility of the website is intended to be continuous at all at all times, with the exception that service interruption may occur in order to allow for website improvements, scheduled maintenance or factors beyond our control.
Access to some areas of the site may be restricted only to registered users. Registration herein shall act as consent to be governed by these terms and conditions and to pay any subscription or fees as may be prescribed. Such payment shall not be refunded whatsoever but shall be for access and service provided.
La casa reserves the right to waive, amend and or to ask for any fees. Use of false credentials is in no way permitted and shall lead to the suspension of such user without notice. Lacasa may, but shall not be obligated to, remove or edit any Submissions. By completing an order or signing up, a user agrees to receive: a) emails associated with finalizing an order, which may contain relevant offers from third parties; b) emails asking you to review and your submission; and c) promotional emails, SMS and push notifications from La casa Limited. If a party intends to remove their personal information from our database, unsubscribe from emails or SMS, they should email Customer Service.
6. Links and Thirds Party Websites
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as endorsement of a particular website unless explicitly stated otherwise.
In the event a user follows a link to another website, they do so at their own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
7. Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8. Data Protection
9. Dispute Resolution
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions shall first attempt to amicably resolve any matter through amicable negotiations between the adverse Parties. If the matter is not resolved by such negotiation within thirty (30) days of receipt of a written 'invitation to negotiate', the Parties will resolve the matter in good faith through arbitration in accordance with the Arbitration Act (No. 4 of 1995) Laws of Kenya.
The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act, 1995. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
In addition to any other legal or equitable remedies, La casa may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, a user shall immediately cease access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original intention.
12. Miscellaneous Provisions
Users agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by Lacasa.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
13. Liability of Parties on the La casa platform
We operate a platform which is open for third-parties to update their reports on our website. None of the reports listed on the Lacasa platform are owned or reported by us, neither are we involved in the actual transaction between the tenant/lessor and landlord/agent/lessor and hence agree that we would be held free from any liability in reports, information, or other representations in tort, for all transactions conducted on the site.
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including legal fees, related to your breach of these Terms and Conditions.
15. Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws of Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.