1. Introduction and Acceptance of Terms
Welcome to our RentSpot. These Terms and Conditions
("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and [Your
Company Name/Platform Name] ("we," "us," or "our") concerning your access to and use of our website,
mobile applications, and services (collectively, the "Service"). The Service includes, but is not
limited to, property listing services, property search functionalities, communication tools between
users, and any related features, content, or applications provided by us.
By accessing, browsing, registering for an account, submitting content, or
otherwise using any part of the Service, you acknowledge that you have read, understood, and agree
to be
bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly
prohibited from using the Service and you must discontinue use immediately. These Terms incorporate
by
reference our Privacy Policy, which outlines how we collect, use, and protect your personal data, as
well as any other policies or guidelines posted on the Service from time to time.
This platform is designed to connect property owners with qualified
seekers,
facilitating various property transactions including residential rentals (houses to let), commercial
rentals, rent-to-own options, short-term stays (Airbnb listings, guest rooms), and land transactions
(for sale or lease) exclusively within Kenya. Our goal is to provide a transparent, efficient, and
user-friendly experience. It is crucial to understand that we act solely as a marketplace and
facilitator of connections; we are not a real estate agent, broker, landlord, property manager,
financial institution, or a party to any direct transactions, agreements, or disputes between users.
Any
property transaction entered into between users is solely at their own risk and discretion.
2. User Accounts and Registration
To access certain features of the Service, such as listing a property,
saving
favorite searches, receiving property alerts, or directly communicating with other users, you may be
required to register for an account. By registering for an account, you represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into a
binding contract, or
you are accessing the Service under the direct supervision and consent of a parent or legal
guardian
who agrees to be bound by these Terms on your behalf.
- All registration information you submit is accurate, truthful, current, and
complete. This includes,
but is not limited to, your full legal name, valid email address, phone number, and any other
information required during the registration process.
- You will maintain the accuracy of such information and promptly update all
registration data to
ensure it remains accurate, current, and complete at all times. Failure to do so may result in
the
suspension or termination of your account.
- You will choose a strong and unique password for your account and maintain its
confidentiality. You
are solely responsible for all activities that occur under your account, including any
unauthorized
use of your account or password.
- You accept all risks of unauthorized access to your account information and
Registration Data
resulting from your failure to keep your password secure.
- You will notify us immediately at [Your Support Email] of any unauthorized use
of your account or
any other breach of security concerning your account.
We reserve the right to suspend or terminate your account and refuse any
and
all current or future use of the Service (or any portion thereof) without prior notice if any
information provided during the registration process is found to be inaccurate, untrue, incomplete,
or
if we have reasonable grounds to suspect that such information is inaccurate, untrue, or incomplete,
or
if you violate these Terms or engage in any fraudulent, abusive, or illegal activities.
3. Property Listings (For Owners)
If you are a property owner, agent, or representative listing properties on
our
platform, you agree to the following additional terms:
- Accuracy and Quality of Information: You are solely
responsible for the content of
your listings. All descriptions, photographs, videos, virtual tours, floor plans, pricing,
availability, and contact information must be accurate, truthful, and not misleading in any way.
You
must promptly update your listing to reflect any changes in availability, price, or property
details. We may establish minimum quality standards for listing content (e.g., photo resolution,
minimum description length), and listings failing to meet these standards may be rejected or
removed.
- Rights and Permissions: You explicitly warrant that you are
the legal owner of the
property, or have explicit authorization from the legal owner, and possess all necessary rights,
titles, licenses, and permissions to list the property and to upload, display, and distribute
all
associated content (e.g., photos, videos, trademarks). You covenant that your listings and any
content submitted do not and will not infringe upon any third-party intellectual property rights
(including copyrights, trademarks, patents, and trade secrets), privacy rights, publicity
rights, or
other proprietary rights.
- Compliance with Laws: Your listings and conduct must strictly
comply with all
applicable local, national, and international laws and regulations concerning property sales,
rentals, advertising, fair housing, non-discrimination, and consumer protection in Kenya. This
includes, but is not limited to, laws regarding landlord-tenant relationships, real estate
commissions, and property transfer.
- Professional Conduct: You agree to respond promptly,
professionally, and
courteously to inquiries from potential seekers and to conduct all communications and
interactions
respectfully and ethically. Any attempt to solicit users off-platform for the sole purpose of
avoiding platform fees is strictly prohibited.
- Verification and Moderation: While we aim to provide a
reliable platform and ensure
quality listings, we reserve the right, but are not obligated, to review, verify, or remove any
listing that we deem, in our sole discretion, to be inaccurate, fraudulent, misleading,
offensive,
inappropriate, discriminatory, or in violation of these Terms or any applicable laws. We may
also
request additional documentation (e.g., proof of ownership, identity verification) to
authenticate
property ownership or listing details. Failure to provide requested documentation may result in
listing suspension or removal.
- No Agency Relationship: Listing a property on our platform
does not create an
exclusive agency agreement, partnership, joint venture, or employer-employee relationship
between
you and us. We are not a real estate agent, broker, property manager, or legal advisor, and we
do
not participate in negotiations or terms of any transactions between users. We are solely a
technology platform for listing and discovering properties.
- Risk Assumption: You understand and agree that listing your
property carries
inherent risks, and you assume full responsibility for all risks associated with your listings,
including but not limited to the accuracy of information, the conduct of potential seekers, and
the
successful completion of any transaction.
4. Property Seeking (For Renters/Buyers)
If you are a seeker using our platform to find properties, you agree to the
following additional terms:
- Responsible Use: You will use the platform responsibly and
solely for legitimate
property search purposes, and not for any fraudulent, illegal, or malicious activities.
- Respectful Interaction: You will treat property owners, their
agents, other users,
and our staff with respect and courtesy in all communications and interactions. This includes,
but
is not limited to, scheduling and attending property viewings, asking appropriate questions, and
providing honest feedback.
- Due Diligence: While we strive to provide a user-friendly
platform with verified
properties and detailed information, it is your **sole responsibility** to conduct your own
thorough
due diligence, inspections, independent legal checks (e.g., property titles, lease agreements,
zoning laws, property history), and financial assessments before entering into any financial or
legal agreements related to a property found through our Service. We do not guarantee the
accuracy
of any listing information, the suitability of properties for your specific needs, or the
solvency
or good faith of any property owner or agent.
- No Endorsement: Our display of any property listing does not
constitute an
endorsement or recommendation of that property or its owner/agent.
- Reporting Issues: You agree to report any suspicious,
fraudulent, or misleading
listings, as well as any inappropriate or suspicious conduct by other users, to us immediately
at
[Your Support Email].
- No Circumvention: You agree not to attempt to circumvent the
platform or its
established communication channels for the purpose of avoiding any potential platform fees or
policies.
5. Fees and Payments
Our Service may offer premium features, enhanced visibility, or advertising
services which require payment of fees. You agree to pay all applicable fees and taxes associated
with
your use of these specific features of the Service. All such fees are quoted in Kenyan Shillings
(KES)
unless otherwise explicitly stated.
**IMPORTANT DISCLAIMER REGARDING PROPERTY TRANSACTIONS:** Our platform acts
solely as a marketplace to connect property owners and seekers. **We do NOT process, hold, or
facilitate
any payments related to actual property rental, sale, or lease transactions between users.** Any
financial arrangements, negotiations, or payments for properties found through our Service are
strictly
between the involved property owner/agent and the seeker. We strongly advise users to exercise
extreme
caution and conduct thorough due diligence before making any payments directly to other users. **We
are
not responsible for any losses, scams, disputes, or damages incurred as a result of payments made
outside of our official fee structure for platform services.** If you are asked to make a payment
directly to another user for a property, you do so at your own risk. Report any suspicious payment
requests to us immediately.
- Pricing: Prices for our platform services (e.g., premium
listings) are displayed on
the Service and are subject to change without prior notice, although we will endeavor to inform
you
of any changes well in advance for recurring services or subscriptions. Continued use of the
Service
after a price change constitutes your agreement to the new pricing.
- Payment Methods: We accept various payment methods for our
platform services as
indicated on the Service, which may include credit/debit cards, mobile money (e.g., M-Pesa), or
other electronic payment systems.
- Payment Processing: We utilize reputable third-party payment
processors to
facilitate secure transactions for our platform services. By making payments to us through our
Service, you agree to be bound by the terms and conditions and privacy policies of these
third-party
payment processors. We are not responsible for any issues or liabilities arising from your
direct
payment processing with such third parties, including but not limited to, transaction failures,
data
breaches, or disputes over charges.
- Billing and Subscriptions: For recurring services (e.g.,
monthly premium listings),
you authorize us (or our third-party payment processor) to charge your designated payment method
on
a recurring basis as per the agreed billing cycle until you cancel your subscription. You are
responsible for ensuring that your payment information is accurate and up-to-date.
- Non-Payment: Failure to pay any fees for our platform
services when due may result
in the suspension or termination of your access to the Service or specific features, including
the
removal of your property listings.
- Refunds: All fees paid for our platform services are
generally non-refundable.
Exceptions may apply only if explicitly stated in writing for a specific service or as required
by
mandatory applicable Kenyan law. No refunds will be provided for partial periods of service or
for
unused features.
6. Data Usage, Privacy, and Communications
Your privacy is important to us. Our collection, use, and protection of
your
data are governed by our Privacy Policy, which is incorporated into these Terms by reference. By
using
the Service, you consent to such processing and you warrant that all data provided by you is
accurate.
- Data for Analytics and Improvement: We may collect and use
your data, including
usage patterns, search queries, and interactions with listings, for analytical purposes. This
helps
us to understand how the Service is used, identify trends, improve our platform's functionality,
enhance user experience, and develop new features. This data is generally aggregated and
anonymized
where possible.
- Data for Marketing Purposes: We may use your data to send you
marketing
communications, promotions, and advertisements related to our Service or properties that may be
of
interest to you. This may include email newsletters, in-app notifications, or targeted ads. You
may
opt-out of receiving marketing communications at any time by following the unsubscribe
instructions
provided in such communications or by adjusting your account settings.
- Sharing of Booking/Inquiry Data for Successful Transactions:
In instances where a
booking or inquiry made through our platform results in a successful transaction (e.g., a
property
rental agreement, a sale, or a confirmed booking), we may share relevant data related to that
booking or inquiry with the parties directly involved in the transaction (i.e., the property
owner/agent and the seeker). This data is shared solely to facilitate the completion of the
transaction and for record-keeping purposes by the involved parties. We will only share data
that is
directly necessary for the successful completion of the transaction and in accordance with our
Privacy Policy.
- Communication: By creating an account or using the Service,
you agree to receive
communications from us, including transactional emails, service announcements, administrative
messages, and marketing materials. You can manage your communication preferences in your account
settings.
7. Prohibited Activities
You may not access or use the Service for any purpose other than that for
which
we make the Service available. As a User of the Service, you expressly agree not to engage in, or
encourage, any of the following prohibited activities:
- Illegal Activities: Engaging in any activity that violates
any local, national, or
international law or regulation, including but not limited to laws regarding real estate,
consumer
protection, anti-money laundering, data privacy, intellectual property, or anti-discrimination.
- Fraudulent Activities: Posting false, inaccurate, misleading,
or fraudulent
information, including but not limited to property details, pricing, availability, personal
credentials, or misrepresenting ownership or agency. This also includes engaging in phishing,
identity theft, or any other form of deception.
- Unauthorized Access/Interference: Attempting to gain
unauthorized access to our
systems, other user accounts, or any private data. This includes hacking, password mining, or
using
any automated system (e.g., robots, spiders, scrapers) to access the Service in a manner that
sends
more request messages to our servers than a human can reasonably produce in the same period by
using
a conventional web browser.
- Malicious Software: Introducing viruses, Trojan horses,
worms, logic bombs,
malware, spyware, or any other harmful or technologically destructive material.
- Data Misuse/Scraping: Systematically retrieving data or other
content from the
Service (e.g., property listings, user contact information) to create or compile, directly or
indirectly, a collection, compilation, database, or directory without express written permission
from us.
- Unauthorized Commercial Use: Making any unauthorized
commercial use of the Service,
including collecting usernames and/or email addresses of users by electronic or other means for
the
purpose of sending unsolicited email (spam), or creating user accounts by automated means or
under
false pretenses. This also includes reselling, leasing, or otherwise exploiting the Service for
any
commercial purpose without our prior written consent.
- Harassment/Abuse: Harassing, abusing, annoying, intimidating,
threatening,
defaming, or engaging in any other form of inappropriate conduct towards any of our employees,
agents, other users, or third parties connected with the Service. This includes posting
offensive,
discriminatory, or sexually explicit content.
- Intellectual Property Infringement: Uploading, posting,
transmitting, or otherwise
making available any content that infringes upon or violates our intellectual property rights or
the
intellectual property rights of others, including but not limited to copyrights, trademarks, or
patents.
- Security Circumvention: Circumventing, disabling, or
otherwise interfering with
security-related features of the Service, including features that prevent or restrict use or
copying
of any content or enforce limitations on use of the Service and/or the content contained
therein.
- Advertising Other Services: Using the Service to advertise,
promote, or offer to
sell goods and services other than properties that are directly related to the purpose of the
platform. This includes promoting competing services or off-platform transactions.
- Impersonation: Impersonating any person or entity, or falsely
stating or otherwise
misrepresenting your affiliation with a person or entity.
- Excessive Load: Taking any action that imposes, or may
impose, an unreasonable or
disproportionately large load on our infrastructure.
8. Intellectual Property Rights
Unless otherwise indicated, the Service and all its content, features, and
functionality (including but not limited to all information, software, text, displays, images,
video,
and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or
other
providers of such material and are protected by Kenyan and international copyright, trademark,
patent,
trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable
license
to access and use the Service for your personal, non-commercial use only. Any commercial use not
expressly permitted by these Terms or by a separate written agreement with us is strictly
prohibited.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Service, except as
generally
permitted by the Service's functionality and for your personal, non-commercial use.
User-Generated Content: Regarding content you submit,
post,
upload, display, or otherwise make available on or through the Service ("User Content"), you retain
ownership of any intellectual property rights that you hold in that User Content. However, by
submitting, posting, or displaying User Content, you grant us a worldwide, non-exclusive,
royalty-free,
fully paid, transferable, and sublicensable license to use, copy, reproduce, process, adapt, modify,
publish, translate, transmit, display, perform, distribute, and create derivative works of such User
Content in any and all media or distribution methods (now known or later developed) in connection
with
the operation and promotion of the Service and our business. This license includes, without
limitation,
the right for us to promote and redistribute part or all of the Service (and derivative works
thereof)
in any media formats and through any media channels. This license will continue even after you cease
to
use the Service or delete your account, especially for content that has been publicly displayed or
shared. You represent and warrant that you have all necessary rights to grant us this license for
your
User Content.
Copyright Infringement: We respect the intellectual
property
rights of others. If you believe that any content on the Service infringes your copyright, please
notify
us at [Your Support Email] with sufficient information to allow us to investigate your claim,
including
a description of the copyrighted work, a description of the infringing material, and your contact
information.
9. Third-Party Websites and Content
The Service may contain links to third-party websites or services (e.g.,
social
media platforms, external articles, news sites, mapping services) that are not owned or controlled
by
us. We also may display content from third parties. We have no control over, and assume no
responsibility for, the content, accuracy, legality, privacy policies, or practices of any
third-party
websites or services. We do not warrant the offerings of any of these entities/individuals or their
websites.
You acknowledge and agree that we shall not be responsible or liable,
directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the
use of
or reliance on any such content, goods, or services available on or through any such third-party
websites or services. Your interactions with third parties, including linked sites, are solely
between
you and such third parties. We strongly advise you to read the terms and conditions and privacy
policies
of any third-party websites or services that you visit or interact with.
10. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO
NOT
WARRANT THAT:
- The Service will be uninterrupted, secure, error-free, timely, or available at
any particular time
or location.
- Any defects or errors in the Service will be corrected.
- The Service or the servers that make it available are free of viruses or other
harmful components.
- The results of using the Service will meet your requirements or expectations.
- The accuracy, completeness, legality, reliability, or suitability of any
content, including property
listings, posted by users on the Service.
- Any property listed on the Service will be available, will meet your
expectations, or will be free
from defects.
We are a platform that connects property owners and seekers. We are **not**
a
party to any rental agreements, sales contracts, lease agreements, or other transactions entered
into
between users of the Service. We have no control over and do not guarantee the existence, quality,
safety, legality, suitability, or accuracy of advertised properties; the truth or accuracy of user
content or listings; the ability of owners to rent or sell properties; the ability of seekers to
complete transactions or make payments; or the conduct of any user on or off the Service.
Any reliance you place on the information obtained from the Service is
strictly
at your own risk. It is your responsibility to verify all information and conduct all necessary due
diligence before entering into any agreements.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE,
OUR
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY
INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OPPORTUNITY, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION,
ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED
FROM
THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E)
VIRUSES
OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
CONTENT
ON IT, OR ON ANY WEBSITE LINKED TO IT; AND (F) ANY TRANSACTION OR ENGAGEMENT ENTERED INTO BETWEEN
USERS,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER
OR
NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN
IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF
OR
RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS
LIMITED
TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12)
MONTHS
PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER
IS
GREATER, REGARDLESS OF THE CAUSE OF ACTION.
11. Indemnification
You agree to defend, indemnify, and hold harmless our platform, its parent
companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, partners,
and
successors from and against any and all claims, demands, liabilities, damages, losses, debts,
judgments,
awards, costs, and expenses, including reasonable attorneys' fees and costs (whether direct or
indirect), arising out of or in any way connected with (a) your access to or use of the Service,
including any data or content transmitted or received by you; (b) your breach or violation of any of
these Terms, including, without limitation, any of the representations and warranties contained
herein;
(c) your violation of any rights of another party, including without limitation, any intellectual
property right, proprietary right, privacy right, or publicity right; (d) any dispute or issue
between
you and any third party (including property owners, seekers, real estate agents, or other users)
that
arises from your use of the Service; or (e) your violation of any applicable law, rule, or
regulation.
12. Termination
We may terminate or suspend your access to the Service immediately, without
prior notice or liability, for any reason whatsoever, including without limitation if you breach
these
Terms. This includes, but is not limited to, termination for:
- Breach of any provision of these Terms or any incorporated policies (e.g.,
Privacy Policy).
- Conduct that we believe, in our sole discretion, is harmful to other users,
third parties, or our
business interests (e.g., fraudulent listings, harassment, spamming).
- Request by law enforcement or other government agencies.
- Discontinuation or material modification of the Service (or any part thereof).
- Unexpected technical or security issues or problems that pose a risk to the
Service or its users.
- Extended periods of inactivity (e.g., no login activity for 12 consecutive
months).
- Violation of any applicable laws or regulations.
Upon termination, your right to use the Service will immediately cease. If
you
wish to terminate your account, you may simply discontinue using the Service or follow any account
closure procedures provided within the Service settings. All provisions of the Terms which by their
nature should survive termination shall survive termination, including, without limitation,
ownership
provisions, intellectual property rights, warranty disclaimers, indemnity, and limitations of
liability.
13. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of
Kenya, without regard to its conflict of law provisions. You agree that any legal action or
proceeding
relating to your access to, or use of, the Service or these Terms shall be instituted exclusively in
the
courts located in Nairobi, Kenya.
Amicable Resolution: Any dispute, controversy, or claim
arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall
first be attempted to be resolved amicably through good faith negotiations between the parties
within a
period of thirty (30) days from the date one party notifies the other of a dispute.
Mediation: If an amicable resolution is not reached within
the
aforementioned period, the dispute shall be submitted to confidential mediation in Nairobi, Kenya,
under
the rules of an agreed-upon mediation center (e.g., the Nairobi Centre for International Arbitration
-
NCIA). The parties shall equally bear the costs of mediation. Participation in mediation is a
condition
precedent to pursuing any other legal remedy, including arbitration or litigation.
Arbitration: If mediation fails to resolve the dispute,
the
dispute shall be finally settled by arbitration administered in Nairobi, Kenya, in accordance with
the
arbitration rules of an agreed-upon arbitration institution (e.g., NCIA). The arbitration shall be
conducted by a single arbitrator appointed in accordance with the said rules. The language of the
arbitration shall be English. The decision of the arbitrator shall be final and binding on both
parties,
and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. The parties agree that they will not disclose the existence, content, or results of any
arbitration or mediation without the prior written consent of both parties.
14. General Provisions
- Entire Agreement: These Terms, together with our Privacy
Policy and any other legal
notices or guidelines published by us on the Service, constitute the entire agreement between
you
and us regarding the Service and supersede all prior and contemporaneous understandings,
agreements,
representations, and warranties, both written and oral, regarding the Service.
- Waiver and Severability: No waiver by us of any term or
condition set out in these
Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of
any
other term or condition, and any failure of us to assert a right or provision under these Terms
shall not constitute a waiver of such right or provision. If any provision of these Terms is
held by
a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for
any
reason, such provision shall be eliminated or limited to the minimum extent such that the
remaining
provisions of the Terms will continue in full force and effect.
- Assignment: You may not assign or transfer your rights or
obligations under these
Terms without our prior written consent. We may assign or transfer our rights and obligations
without restriction, at our sole discretion.
- Force Majeure: We shall not be liable for any delay or
failure to perform resulting
from causes outside our reasonable 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, labor, or materials.
- Headings: The headings and section titles in these Terms are
for convenience only
and shall not affect their interpretation or construction.
- No Partnership: Nothing contained in these Terms shall be
construed as creating any
agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary
relationship between you and us.
15. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these
Terms
at any time. If a revision is material (e.g., changes to fees, significant changes to prohibited
activities), we will provide at least 30 days' notice prior to any new terms taking effect. This
notice
will typically be provided via email to the address associated with your account or through a
prominent
notice on the Service. What constitutes a material change will be determined at our sole discretion.
By
continuing to access or use our Service after those revisions become effective, you agree to be
bound by
the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using
the
Service.
16. Contact Information
If you have any questions about these Terms, or if you need to provide us
with
formal notices, please contact us at: