Terms and Conditions of Use

Please read these terms of use carefully before attempting to subscribe, as they contain important information about your rights and obligations.

This website is operated by Focus On property Limited. By using our Website, you agree to comply with and be bound by the following terms and conditions (the “Terms of Use”) together with our privacy policy. If you do not agree to these Terms of Use, you must not use our site.

These terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, mobile apps, automobile-based personal computers, handheld digital devices, and any other technology whether now known or developed in the future)

We reserve the right to amend these Terms of Use from time to time. Any changes will be posted on our Website. Your continued use of our Websites after posting will constitute your acceptance of, and agreement to, any changes.

  1. Registration

You must be 18 years old or over to create an account on our Website, and warrant that the details you provide on registration are true, accurate, complete and current. You must promptly update us with any changes to your account details. You must create a password when you register and you are responsible for maintaining the confidentiality of that password. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purpose of transacting for any services via this Website, and you will be responsible for any and all activity conducted using your password. You shall take reasonable steps to prevent unauthorized access to your account via any computer or other device that you use to access your account. If you believe someone has, without authorization, accessed an account that you created on this Website, please contact us immediately.

When you create an account you may be given the opportunity to manage your email subscription preferences via our Website or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your accounts, and we reserve the right to do so.

  1. Your Responsibilities

Please note that we are a real estate magazine and not an estate agency. The estate agents that post the details are solely responsible for their accuracy and for fielding enquiries relating to those properties. We do not participate in any communications between you and estate agents nor in any part of a subsequent property transaction. We host the details in good faith but we have not verified them and we make no representations, warranties or guarantees, whether express or implied about the details.

  1. Fair Use of Content

Online Service may be granted to you following registration, which is free of charge.

By submitting content on our Website or otherwise providing content to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable license to use, reproduce, display, modify and edit the Content. You waive any moral rights you may have in the Content. We will not pay you any fees for the Content and reserve the right in our sole discretion to remove or edit it at any time. You warrant and represent that you have all rights necessary to grant us these rights. We will permit you to post Content on our Website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us. Any personal data that you provide via, or in connection with, the Website will be governed by our privacy policy.

  1. Disclaimer and Liability

The Website (including all content on it) is provided by us as received or posted by the client and we make no representations, guarantees or warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Website and any information or content contained therein. We accept no responsibility and make no representations, guarantees, or warranties that the Website will operate continuously, without interruptions or are fault-free. We may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.

It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

If you are a business user, please note that in particular, we will not be liable for:

  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of business opportunity, goodwill or reputation; or
  4. any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of website linked to on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  1. Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

  1. Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Online Services. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We may also remove contributions upon receipt of a Take down Notice (see below). Where this occurs we shall notify you of the complaint made and in our discretion we may seek further information from you in order to enable us to decide whether to remove your contribution permanently or to reinstate it.

  1. Restrictions on Use

You agree not to:

  1. transmit any material designed to interrupt, damage, destroy or limit the functionality of our

Website;

  1. transmit materials protected by copyright without the permission of the owner;
  2. use our Website other than for your own personal use or as an agent listing properties for sale and to rent;
  3. use our Website in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us);
  4. use our Website in breach of any policy or other notice on our Website;
  5. publish any material that may encourage a breach of any relevant laws or regulations;
  6. interfere with any other user’s enjoyment of our Website;

8.  Notice and Take Down

If any content, including Contributions made by registered users, within the Online Services breaches your intellectual property rights, is defamatory, an invasion of your privacy or otherwise offensive to you, you should notify us immediately by sending us a Take Down Notice by email to: info@kenya-real.estate.com stating the nature of your concern, any background necessary for us to understand your concern and a link to the relevant Material.

Upon receipt of a Take down Notice we shall review the relevant Material as quickly as we are able (in any event within 2 working days) and if we deem it appropriate remove the Material from our Online Services. Where the relevant Material has been submitted by a user of our site, we may contact that user to inform them of your complaint and may provide a copy of that complaint (but not your personal contact details) to them. We will contact you to inform you of what action we have (or have not) taken.