Introduction
Propa Management Systems Ltd. (“Propa”, “We”, “Our” or “Us”) offers a variety of property management tools, services, applications, and websites (“Service”, “Services”, “App”, “Apps”, “Website”, or “Websites”).
These Terms and Conditions of Use (“Terms” or “Agreement”) are a binding legal contract between you and Propa and explain the rules governing your use of our service and websites. The term (“You” or “User”) refers to the individual or legal entity, as applicable, identified as the user when you registered on the website. Tenants, residents, and renters alike of any sort who utilize the Website (also referred to as "Users” herein). By accessing or using the Service and Websites, you acknowledge and agree to be bound by these Terms (as applicable) and confirm you have read and understand our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, please do not access, or use the Service or Websites.
We may revise these Terms from time to time by posting a modified version on our website. If, in Propa’s sole discretion, the modifications to these Terms are material, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by alerting you through the Service and/or Websites. If you do not agree to or cannot comply with the modified Terms, you must stop using the Service and Websites. Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued use of the Service and Websites after any update to these Terms constitutes your acceptance of such changes.
About
The Services and the information and content available on the Services provide users with content, functionality, and services related to managing, leasing, or renting real property. As a part of the Services, we may facilitate transactions between registered Users of the Services. However, we are not a party to any transactions, contracts, or agreements between users or between any user and any third party, even if the transaction is facilitated by the Services. Without limiting the foregoing, we are not a party to any rental or other agreement or contract between Landlords, Property Owners, Property Managers and Tenants or Residents (as defined below). Liability and enforcement of such agreements are left solely to the parties to such agreement. The Services are used at your discretion and risk, and we are not responsible for any respective misuse or wrongful dealings. We are not a broker or agent for any User. This is true even if the Website allows you to screen and create a lease connection and provides other ancillary products or services, as the Website may facilitate leasing rental or other tools, services, or products. We do not review, legally or otherwise, any notices, listings, and related documents. Users should consult legal counsel before entering into any contracts, including without limitation with other Users of the Services.
You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to entering a lease or tenancy agreement or purchasing a product or service.
Your Propa Account
Eligibility
To use the Service and Websites you must be, and you represent and warrant that you are, at least 18 years of age and competent to agree to these Terms.
If the representations in the preceding sentence are not true, or if Propa has previously prohibited you from accessing or using the Service and Websites, you may not access or use the Service and Websites.
Account Registration
To access the Service and Websites, you must become a user by registering for an Propa account after providing a valid email address and creating a password. For purposes of these Terms, a “Registered User” or a “User” is a user who has registered an account on the Website (“Account”).
You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account. We may assume that any communications we receive under your account have been made by you. If you are a company owner or administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a company (“Account Administrator”), you represent and warrant that you are authorized to do so and agree that Propa is entitled to rely on your instructions.
Unauthorised Account Use or Access
You are responsible for notifying us at support@propa.africa if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Propa will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and lawyer’ fees incurred by Propa or a third party due to someone else using your account. In the event that the Account Administrator or User loses access to an account or otherwise requests information about an account, Propa reserves the right to request from the Account Administrator or User any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
Use of the Services
Services
In exchange for your compliance with these Terms, and subject to Propa’s termination rights as detailed in these Terms, Propa agrees to provide you with use of and access to the Service.
Your license
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Service and Websites only for your own internal use (or for internal uses authorized by the applicable Account Administrator), and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Service and Websites. Propa may revoke this license at any time, in its sole discretion.
Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
Access to the Service
Propa provides authorized Users with access to Services. Once arriving at the Website or App you are required to provide your email address and password in order to gain access and use the Services. Accessing the Service is done at your sole risk, and you are exclusively responsible for maintaining the secrecy of your email address and password.
You are exclusively and fully responsible for:
Any unauthorized access to the Portal and misuse of Services.
Ensuring that only authorized User(s) are permitted to access and use Services.
Making sure Users comply with the terms and conditions of this Agreement and the Privacy Policy and do not share passwords/access codes.
Propa agrees to use reasonable efforts to maintain the active status of the Websites, Apps, and the Service; however, you understand and agree that at times Propa may be unable to do so, whether due to issues within (for example, during an update of software) or outside of our control (for example, upgrading of server hardware). Notwithstanding anything to the contrary, you agree that Propa shall not be liable for, nor shall you seek damages for any loss, cost, or expense resulting from or relating to your inability to access the Websites and/or make use of Services.
You understand and agree that not all Services and 3rd Party Provider Services are included in Propa’s subscription fee, and moreover, that there may be additional charges both from Propa and/or the 3rd Party Provider for your use or accessing of such Services and/or 3rd Party Provider Services.
You understand and agree that Propa shall have the exclusive right to record all of you, your users’, and tenant’ ’actions in Propa, the Website, Apps and Services and consent both to the recording and use of such recording in any way that Propa, in its sole discretion, so desires. Moreover, Propa shall be under no obligation to retain or share any copy or copies of such recording(s).
Misuse of the Service and Websites
You may not use the Service and Websites to carry out, promote or support:
Any unlawful or fraudulent activities.
The impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity (e.g., “spoofing”, “phishing”).
Activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking.
The violation of the privacy rights of others, including the publishing or posting of other people’s confidential or personal information without their express authorization and permission.
The sending of unsolicited communications, promotions, advertisements, or spam.
The publishing of or linking to malicious content.
The promotion or advertisement of products or services other than your own without appropriate authorization.
Propa Communications
By using the Services, you expressly consent and agree to accept and receive communications from us, including via email, text message (SMS), calls, and push notifications to the cellular telephone number you provided to us. Standard rates and text messaging charges may apply. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. You may opt out of receiving promotional or marketing texts or calls from Propa at any time by contacting us or, if applicable, following the instructions contained in the message.
User Content
You may not post any content on the Service or Websites or otherwise make use of or make available through the Service or Websites (“User Content”) in a manner that:
Violates any applicable law (including export control laws and regulations), any third party’s intellectual property rights, or anyone’s right of privacy or publicity.
Is deceptive, fraudulent, illegal, obscene, defamatory, disparaging, libelous, threatening, or pornographic.
Constitutes hate speech, harassment, or stalking.
Criticizes, berates, or attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.
Contains any personal information of minors under the age of 18.
Contains any sensitive personal information as defined by applicable law (such as financial information, payment card numbers, social security numbers, or health information).
Contains viruses, bots, worms, or similar harmful materials.
Contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Could otherwise cause damage to Propa or any third party.
Support
Propa wants its customers to be both happy with the Services and informed about current and newly released features. As such Propa offers access not only to support materials but also customer support representatives. Any requests for documentation, upgrades, enhancements, support, or service modifications are dealt with on a case-by-case basis in Propa’s exclusive and absolute discretion and might require (in Propa’s sole discretion) a separate contract between User and Propa. As with the Service, so too may support functions be unavailable from time to time for reasons including routine maintenance and holidays.
Internet Issues
While Propa seeks to maintain a 99% (or greater) uptime, unfortunately, nothing is perfect. Issues including but not limited to limitations of service, connectivity (or lack thereof) problems, delays, and other problems (hereinafter collectively, “Internet Issues”), inherent in and with the internet and other electronic means and electronic communications, may cause or result in limitations to your access to and/or use of the Website and/or the Service. You acknowledge and accept the aforementioned and agree not to seek any relief or damages from Propa with respect to or in any way related to or caused by Internet issues, and moreover, shall fully hold harmless, indemnify, and defend (as requested by Propa) Propa with respect to such.
User Content and Feedback Representations
You represent and warrant that you have all required rights to submit User Content and Feedback without violation or infringement of any third-party rights. You understand that Propa does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Storage
Propa has no obligation to store any of your User Content that you make available on the Services. Propa has no responsibility or liability for the deletion or accuracy of any Content, including your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that Propa retains the right to create reasonable limits on Propa’s use and storage of the Content, including your Content, such as limits on file size, storage space, processing capacity and similar limits described on the Website and as otherwise determined by Propa in its sole discretion.
Service Modifications and Updates
Propa may modify the Services at any time, including adding or removing functionality or imposing conditions on use of the Services. Propa will notify you of material adverse changes in, deprecations to, or removal of functionality from, Services that you are using. Propa is not obligated to provide any Updates. However, if Propa makes an Update available, you must fully install the Update by the date or within the time period stated in Propa’s notice; or, if there is no date or period stated in the notice, then no later than 30 days after the date of the notice.
Restrictions
You may not:
access, tamper with, or use non-public areas of the Service and Websites, Propa’s computer systems, or the technical delivery systems of Propa’s providers.
probe, scan, or test the vulnerability of any system, network, or breach or circumvent any security or authentication measure.
access or search the Service and Websites by any means other than Propa’s publicly supported interfaces (for example, “scraping”).
interfere with or disrupt, or attempt to interfere with or disrupt, our infrastructure or the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.
Acceptable Use Violations
If we reasonably believe a violation of this Terms has occurred or may occur in the near future in a manner that may disrupt the Service or Websites for our Customers or other users, we may suspend or terminate your access to the Service and Websites, without any liability to us and in addition to any other remedies that may be available to us. Propa reserves the right to notify the applicable Account Administrator of the foregoing.
Beta Services
Classification
Propa may classify certain aspect of the Service, including a particular release or feature, as Beta. A Propa service may be generally available in some circumstances (e.g., in some countries or regions) while still classified as Beta in other circumstances.
Nature of Beta Services
By their nature, Beta Services may be feature-incomplete or contain bugs. Propa may describe limitations that exist within a Beta Service; however, your reliance on the accuracy or completeness of these descriptions is at your own risk. You should not use Beta Services in a production environment until and unless you understand and accept the limitations and flaws that may be present in the Beta Services.
Feedback
Unless Propa otherwise agrees in writing, your use of Beta Services is confidential, and you may provide Feedback on the Beta Services or in response to Propa requests.
Availability During Beta Period
Propa may suspend or terminate your access to any Beta Services at any time.
Third-Party Services
Propa may reference, enable you to access, or promote (including on the Website) Third-Party Services. These Third-Party Services are provided for your convenience only and Propa does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk and Propa disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not Services and are not governed by these Terms or Propa’s Privacy Policy. Your use of any Third-Party Service, including those linked from the Website, is subject to that Third-Party Service’s own terms of use and privacy policies (if any).
Ownership
Services
Except with respect to Your Content and User Content, you agree that Propa owns all rights, title and interest in the Website, our Services, and associated content, including but not limited to: any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, software, source code and interactive features included with or available through our Website . You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.
Trademarks
Propa’s name, logos, service marks and trade names used on or in connection with the Services are the trademarks of Propa and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Feedback
The Service and the Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Propa, and/or share such Feedback with other users, or the public. You agree that submission of any ideas, suggestions, documents, and/or proposals to Propa through its support, suggestion, feedback, wiki, forum, or similar pages or otherwise related to Propa’s products, services, or business is at your own risk and that Propa has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Propa a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Propa’s business.
We reserve the right to remove any Feedback posted in our public forums for any reason at our sole discretion.
Interactions with other users
User Responsibility
You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Propa reserves the right, but has no obligation, to intercede in such disputes. You agree that Propa will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users
The Services may contain or provide you with access to User Content provided by other Users, including without limitation information that is, or may be based on, User Content provided by Tenants through their use of the Services. Propa is not responsible for and does not control User Content. Propa has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
Data Collected by You from the Services and Sites
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Services or any Site, we have granted to you a limited license to use such information only for: (a) using services offered through the Site, and (b) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Website. Any other purpose or disclosure requires express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
You must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them under applicable law. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
Service Fees
The Fees are stated on the Propa’s Pricing Page unless you and Propa otherwise agree in writing. Propa may revise the Fees at any time. If Propa revises the Fees for a Service that you are currently using, Propa will notify you at least thirty (30) days before the revised Fees apply to you.
Payment of Fees
You agree to pay all Fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a Fee or charge is due and payable.
Calculation and Modification of Fees
The Fee charged to your Account is equal to the per Unit rate then in effect for the plan (i.e., Starter, Pro or Premium) selected by you (or your authorized User) multiplied by the total number of Units. For the purpose of these Terms a “Unit” refers to number of total units of a Users’ residential, commercial, or other real estate that are added to the Service by User or by an authorised User.
The Fees for renewal of a lapsed subscription is equal to the per unit rate then in effect (at the time of renewal) multiplied by Units.
You also understand and agree that:
There are fees for each and every audio call, text message or push notification sent (“Communications”) via and/or within Propa’s platform and/or Services, by you and/or your authorized Users,
From time to time, in Propa’s sole and absolute discretion, Communication Fees may be increased and/or decreased, and new charges added.
Collection of Fees and Other Amounts
You must pay, or ensure that Propa is able to collect, Fees and other amounts you owe under these Terms when due. Propa may invoice you to deduct, recoup or setoff Fees and other amounts you owe under these Terms, or under any other agreements you have with Propa or any of its Affiliates. If you fail to pay invoiced amounts when due, or if Propa is unable to collect amounts due then Propa may, to the extent Law permits, deduct, recoup or setoff those amounts from funds payable by Propa or its Affiliate to you or your Affiliate. If the currency of the amount being deducted is different from the currency of the amount you owe, Propa may deduct, recoup or setoff an amount equal to the amount owed (using Propa’s conversion rate) together with any fees Propa incurs in making the conversion.
Free Trial Period
In Propa’s sole and absolute discretion, a new User Account may be eligible for a free trial period, the amount of time for which shall be exclusively chosen by Propa. You understand and agree that on the day following the last day of the free trial period, you will be charged according to the Terms above.
Reduction or Addition of Units
Your Account Administrator and authorised Users can add or reduce the number of Units as permitted on Propa’s software platform. You agree that:
No credit or refund will be due to you for any requested additions or reductions of Units.
Any reduction to (the number of) Units will be put into effect immediately, and on the date of your next billing period (if you are a monthly subscriber then on your next Monthly Billing Date; if you are an annual subscriber then on your next Annual Billing Date), you will automatically be charged the corresponding Usage Fee for the total number of Units then active on your Propa account.
Any addition to (the number of) Units will be put into effect immediately, but the Usage Fee for the added (number of) Units will be prorated based on the number of days remaining in your current billing period (i.e., monthly, or annual), and on your next Annual Billing Date you will be automatically charged the Usage Fee for the total number of Units then active on your Propa account.
Late Payments
If you fail to timely pay any fees, Taxes, Fees, or other charges/amounts (collectively, “Late Amounts”) as due pursuant to or under these Terms, Propa shall have the absolute right, in addition to any and all other rights at law and equity, to immediately terminate your use of and/or access to, without limitation, Services, and retain legal and collection services in order to collect all delinquent Late Amounts. You agree to pay all fees and expenses, including lawyer’s fees, court costs, and other expenses at all levels including on appeal, incurred by Propa in connection with the collection of Late Amounts. Late Amounts owed to Propa that are not paid in full within fifteen (15) days of the applicable due date are also subject to both (1.) a late payment charge (“Late Fee”) equal to the lesser of (a.) twenty percent (20%) of Your most recent Usage Fee or (b.) the maximum amount permitted by applicable law, and (2.) interest in an amount equal to the lesser of (a.) 2% per month or (b.) the maximum rate permitted by applicable law.
Payments on rent and other fees
Tenants or Residents may be able to use the Services to make payments on rent or other fees to participating Landlords, Property Owners, Property Managers or Property Agents for properties connected to the Services. In such event, the payments will be processed in accordance with the terms set forth below;
Propa never takes custody of money transferred using the Services, and we are not responsible for what recipients do with the payments.
During the time that the Tenant makes Payments to the Landlord through the Services, both parties agree to ensure that all bank account information are up-to-date and accurate.
If a Tenant’s bank/ mobile money provider or card issuer initiates a reversal, chargeback, or payment dispute of a payment made to you, you authorize Propa and our third-party payment processors to reverse or otherwise claim the funds from your account, plus any interest charges accrued. Propa may also initiate a reversal, or take other actions we determine to be appropriate, if, in Propa’s reasonable opinion, fraud or abuse of the Propa Platform has occurred. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request.
Propa is not a collection company and in no way guarantees payment by tenant nor does it inherit the risk assumed by any party in relation to any transaction performed through the service.
Taxes
Propa’s Fees exclude all Taxes, except as the Propa Pricing Page states to the contrary. You have sole responsibility and liability for:
Determining which, if any, Taxes, or fees apply to the leasing of your properties and services, payments you make or receive in connection with your use of the Services.
Assessing, collecting, reporting, and remitting Taxes for your business. If Propa is required to withhold any Taxes, Propa may deduct those Taxes from amounts otherwise owed to you and pay those Taxes to the appropriate taxing authority. If you are exempt from paying or are otherwise eligible to pay a reduced rate on, those Taxes, you may provide to Propa an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status or reduced rate eligibility, in which case Propa will not deduct the Taxes covered by the certificate. You must provide accurate information regarding your tax affairs as Propa reasonably requests and must promptly notify Propa if any information that Propa prepopulates is inaccurate or incomplete. Propa may send documents to you and taxing authorities for transactions processed using the Services. Specifically, Law may require Propa to file periodic informational returns with taxing authorities related to your use of the Services. Propa may send tax-related information electronically to you.
Survival
All of your obligations detailed in this Section shall survive any termination or expiration of these Terms.
Non-payment - suspension & termination
While Propa truly hopes to have you as a customer for life, in the event you fail to comply with your financial obligations, Propa may suspend or terminate your access to and use of Services.
Suspension and Termination for Delinquent Accounts
In addition to the other rights delineated in these Terms, Propa shall also have the right, in its sole and absolute discretion, to suspend and/or terminate, at any time, this Agreement and your (and your User’s) use and access of, without limitation, the Service should your account become delinquent or should you otherwise fail to provide proper and lawful payment when due.
Increases in Late Fees
Propa may increase, in its sole and absolute discretion and without prior notice to you.
Upon Termination or Suspension of User(s)’ Account
Notwithstanding any termination or suspension of this Agreement, a User’s account and/or the agreement between a User and Propa, you understand and agree that with respect to, without limitation, all monies, information, materials, charges, fees, expenses and the like, that User or a 3rd Party Provider may have requested or required that a User pay or provide prior to and/or after any such termination or suspension:
Propa shall in no way be responsible or liable for, without limitation, any monies, information, materials, charges, fees, expenses and the like that User a 3rd Party Provider may have requested or required that a User pay or provide prior to and/or after any termination or suspension.
You shall fully indemnify, hold harmless and defend (as requested by Propa) Propa with respect to, without limitation, all such monies, charges, fees, expenses, information, materials, and the like.
Termination
Term
This Agreement commences on the date when you accept the Terms of Use (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
Prior Use
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (i) the date you first used the Services or (ii) the date you accepted the Agreement and will remain in full force and effect while you use any the Services, unless earlier terminated in accordance with the Agreement.
Your Termination
You may terminate this Agreement at any time by closing your Propa Account. To do so, you must open the account information tab in your account settings, select “close my account” and stop using the Services or by contacting support@propa.africa. If after termination you use the Services again, this Agreement will apply with an Effective Date that is the date on which you first use the Services again.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; after that, your access to the Services will be restricted. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Propa Termination
If you have materially breached any provision of the Agreement, or if Propa is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Propa has the right to, immediately and without notice, suspend or terminate any Services provided to you.
You agree that Propa, in Propa’s sole discretion, may immediately suspend or terminate your access to any part of the Services at any time, for any reason, in our sole discretion. Propa also reserves the right, at any time, to modify the Services or to modify, suspend, or discontinue the Services, or any part thereof, with or without notice. You agree that Propa will not be liable to you or to any third party for any modification of the Services or modification, suspension, or discontinuance of the Services, or any termination or suspension of your account.
Termination for Material Breach
A party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and if capable of cure, does not cure the breach within 10 days after receiving notice specifying the breach. If the material breach affects only certain Services, the non-breaching party may choose to terminate only the affected Services.
Effect on Other Agreements
Unless stated to the contrary, termination of this Agreement will not affect any other agreement between the parties or their Affiliates.
Effect of Termination
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; on the first day following the end of such period, your access to the Services will be restricted. You will not be able to add new rental units to your profile, or input any new data, information, or documentation into the Services; however, for a reasonable period of time (to be determined in the sole discretion of Propa), you will be able to access and download certain data, information, and documentation.
If Propa suspends or terminates your access to the Services, Propa shall endeavour (but is not obligated) to provide access to the Services for thirty (30) days. Termination of any Service includes removal of access to such Service and barring of further use of the Services. Termination of all Services may also include deletion of your password and related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service may automatically terminate immediately. Propa will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration
If your registration(s) with, or ability to access, the Services is discontinued by Propa due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Services or any Propa community through use of a different member name, business entity or otherwise and you acknowledge that you will not be entitled to receive a refund for fees related to those the Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Propa reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Confidentiality
You understand that by accessing and using the Services you may create, have, or receive information that can be used to identify an individual (including, without limitation, names, addresses, telephone numbers, email addresses, and other unique identifiers) (collectively, the “Personal Information”). You agree that you will:
Keep and maintain all Personal Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use, or disclosure.
Not create, collect, receive, access, or use Personal Information in violation of any applicable law.
Use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information, or access to it, is provided via the Services, and not use, sell, rent, transfer, distribute, or otherwise disclose or make available Personal Information for your own purpose.
Not, directly, or indirectly, disclose Personal Information to any person other than your employees, contractors, agents, and service providers who have a need to know or otherwise access Personal Information for the use it is being provided to you via the Services, unless and to the extent required by applicable government authorities or as otherwise, to the extent expressly required, by applicable law.
Insurance
We do not yet provide liability insurance protection for owners, property managers, or Tenants; regardless of whether a user obtains insurance coverage through one of our third-party providers. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and tenants, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they manage on the Site prior to the arrival of their Tenant and will maintain adequate insurance coverage through the departure date of any Tenant they have obtained via one of our Sites. Further, Members agree to provide us with copies of relevant proof of coverage upon request.
Limitation of Liability
The service and websites and user content, whether provided by Propa, its licensors, its vendors or its users, and other information on or accessible from the service and websites are provided “as is” without warranty, representation, condition, or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Specifically, but without limitation, Propa does not warrant that:
The information available on the service and websites is free of errors.
The functions or features (including but not limited to mechanisms for the downloading and uploading of user content) will be uninterrupted, secure, or free of errors.
Defects will be corrected.
The service and websites or the server(s) that make the service and websites available are free of viruses or other harmful components.
No Liability for Conduct of Users
You are solely responsible for all of your communications and interactions with other users of the services. You understand that Propa does not make any attempt to verify the statements of users of the services. Propa makes no warranty that the services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Propa makes no warranty regarding the quality of any services, or the accuracy, timeliness, truthfulness, completeness, or reliability of any user content obtained through the services. As between the parties, you, or the applicable user, and not Propa, shall be responsible and liable for any actions, or lack thereof, that you or the applicable user takes as a result of, or in connection with, the services.
No Liability for Conduct of Third Parties
Propa does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service and websites or any website featured or linked to through the service and websites, and Propa will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or service and websites. Propa will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
In no event shall Propa or its affiliates, licensors, vendors or any of their respective directors, officers, employees, agents or other representatives be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the service and websites, any materials, information, or recommendations appearing on the service and websites, or any link provided on the service and websites, whether or not Propa has been advised of the possibility of such damages and whether based upon warranty, contract, tort, strict liability, violation of statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by law.
Disclaimer of Certain Damages
You understand and agree that, to the fullest extent provided by law, in no event shall Propa parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute services, in each case whether or not Propa has been advised of the possibility of such damages, arising out of or in connection with any of our or your acts or omissions or the agreement or any communications, interactions or meetings with other users of the services, on any theory of liability, resulting from:
The use of, or inability to use, the services or any reports, analyses, insights, or other content or material obtained from or through the services, including without limitation any actions taken by you or any other user as a result of using any of the foregoing.
The cost of procurement of substitute services resulting from any data, information or services purchased or obtained; or messages received for transactions entered into through the services.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct of any third party on the services; or
Any other matter related to the services, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory.
Indemnification
You agree to indemnify, defend, and hold Propa, its affiliates, and its respective officers, directors, employees, members, shareholders, contractors, or representatives harmless from and against any claim or demand, including without limitation, reasonable lawyer fees, made in connection with or arising out of your use of the service and websites, your connection to the service and websites, your violation of the terms, your violation of an applicable law, your submission, posting, or transmission of user content to the service and websites, and/or your violation of any rights of another individual or entity. We reserve the right to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.
Monitoring and enforcement
If Propa becomes aware of any possible violations by you of the Agreement, Propa reserves the right to investigate such violations. If, as a result of the investigation, Propa believes that criminal activity has occurred, Propa reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Propa is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Propa’s possession in connection with your use of the Services, to:
Comply with applicable laws, legal process, or governmental request.
Enforce the Agreement.
Respond to any claims that Your Content violates the rights of third parties.
Respond to your requests for customer service.
Protect the rights, property, or personal safety of Propa, its Registered Users or the public, and all enforcement or other government officials, as Propa in its sole discretion believes to be necessary or appropriate.
General Conditions
Release
You hereby release Propa Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Propa’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement may be assigned by Propa to any third party without your prior written consent. Subject to the foregoing, this Agreement will be binding on a party’s successors and assigns.
Identity Verification
To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we may require identity verification either directly with us or through third-party identity verification services. Identity verification may require further information or documentation by us or through a third-party. You authorize us to obtain such information solely to confirm your identity. Nothing herein shall be construed to require us to verify the identity of any user on the website nor will we have any liability for failure to verify any user’s identity.
Notice
Where Propa requires that you provide an e-mail address, you are responsible for providing Propa with your most current e-mail address. In the event that the last e-mail address you provided to Propa is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Propa’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Propa or via e-mail at support@propa.africa.
Waiver
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability
If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the reminder of this Agreement, or the application of such provision to Persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and shall continue to be binding and in force.
Force Majeure
Propa shall not be in breach of this Terms and the Related Agreements nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond our control including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
Governing Law
This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.
Dispute Resolution
Any dispute arising out of or in connection with this Agreement or the breach, termination, or invalidity thereof (“Dispute”) shall, to the extent possible be settled amicably by negotiation and discussion between the parties. Where parties are unable to resolve the Dispute amicably within 14 (fourteen) days of such Dispute arising, the Dispute shall be hall be determined by arbitration in accordance with the provisions of the Arbitration Act No. 4 of 1995, Laws of Kenya.
Entire Agreement
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Propa and supersede any prior agreements between you and Propa on the subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any other terms or resources referenced in these Terms, the terms contained directly in these Terms will first prevail; provided, however, that if there is a conflict or inconsistency between an applicable Customer Agreement and these Terms, the terms of the Customer Agreement will first prevail, followed by the provisions in these Terms, and then followed by the pages referenced in these Terms (e.g., the Privacy Statement). The applicable Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.
Contact Us
If you would like to contact us on any topics in this Term and Conditions of Use, please feel free to reach out to us at support@propa.africa or through our online platforms.