Terms & Conditions

General: These Terms and Conditions govern your use of the services to be provided by Protata Solutions Limited. Please read them carefully. If you accept these Terms and Conditions, they apply to you and whichever service, or combination of services, you order from Protata Solutions Limited.

Introduction

We are Protata Solutions Limited (“Protata Solutions Limited”, “we”, “our”, “us”, “The Site”, “Website”), a company registered in Nairobi Kenya whose Head Office is: Karen Village, Studio 13, Ngong Road, Nairobi. P. O. Box 2886-00606 Nairobi. Kenya. By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between Protata Solutions Limited and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website. In using this website you are deemed to have read and agreed to the following terms and conditions.

Each of these Services has its section in these Terms and Conditions with specific terms and conditions which apply to it. Also, there is a ‘General’ section which applies to all Services, any one of the Services, and any combination of the Services.

Protata Solutions Limited may revise these Terms and Conditions at any time by updating them, publishing them on the Website and notifying you by email at the email address which you have provided to Protata Solutions Limited. You should check the Website from time to time to review the current Terms and Conditions.

The Protata Solutions Limited website is a portal for property listings; sales, property rentals and related services. It enables Trusted and vetted businesses, private sellers, private landlords, estate agents, lawyers, land valuers, surveyors, architects, transporters and developers to advertise their properties for sale or to rent and provides a means for sellers, buyers, Diaspora, landlords and tenants to communicate with one another. Protata Solutions Limited is not an estate agent and does not act as an estate agent.

Property advertising service (sales and letting)

Advertisements on Protata Solutions Limited shall only be kept active for 90 days, after which they will be automatically deactivated. When a property is deactivated from our site after 90 days, you may reactive your advert for a further period of 90 days. Protata Solutions Limited may remove your property advert from its site at its sole discretion, at any time.We make no guarantees as to the prominence, or performance of any advertisement that we publish.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Protata Solutions Limited’ listings. You agree not to hold Protata Solutions Limited responsible for any loss you may incur as a result of Protata Solutions Limited taking this action.

By uploading your advertisement to our site, you irrevocably consent that we communicate the details of your advertisement to our partners for security and commercial purposes. All information provided to us is governed by our Privacy Policy.

Data feed

We shall publish an advertisement for the property on our Website and our partners’ websites (“Partners' Websites”). The list of websites on which your property is advertised is not contractual and may vary at any time. Protata Solutions Limited, at its sole discretion, will publish your property advertising on any websites it deems to be suitable and may withdraw it at any time. We shall keep the advertisement activity on our Website until the property is sold or let until you remove the advertisement, or until you tell us to remove the advertisement. To ensure Our properties are showcased across the internet as fast as possible, you agree that We may use an automated feed system to send details of properties you list on this Website to Our carefully selected partners' websites ("Partners' Websites").

We do not guarantee that any property you list on this Website will be displayed on Partners' Websites and We are not responsible for any technical problems relating to Partners' Websites. You acknowledge that your use of Partners' Websites will be subject to the Terms and Conditions set out on the relevant Partners' Website.

To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with Partners' Websites, or in connection with the use, inability to use, or results of the use of Partners' Websites, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.

The only properties that We will distribute to property portals will be those advertised directly by Diaspora, property developers, sellers, landlords or estate agents on the Website. We may ask landlords for confirmation of ownership before We activate their property listing.

Fees

Some optional products and services are available for advertisers to purchase and may be subject to a charge. For each optional product you may purchase, you will pay us the applicable charge listed on this Website (as amended from time to time) at the time of your order of the relevant Services (plus any applicable taxes, including any value-added tax). Fees are payable in Kenya Shillings using various legal payment systems via this Website at such frequency as listed on this Website in respect of the relevant Services. We may choose to temporarily change the fees for Our Services for promotional events or new Services and such changes are effective during the period set out on the relevant page of this Website.

The merchant (the Site) is responsible for the website transaction. The site takes payment under HTTPS protocol and is encrypted using the latest SSL technology, to guarantee all payments are totally secure. Credit card details are entered on a secured page and they are transferred using secure technology, SSL. The Site uses third party systems to take payment, such third parties are all PCI-DDS compliant and guarantee the security of the payments made online.

Copyright

In respect of any posts, photographs/videos or documents submitted by you for publication, you confirm that you own full title to such details, documents and /or photographs and you agree to grant Us an irrevocable perpetual copyright license to use those materials.

In relation to property listings, note that you cannot use photographs from an estate or letting agent's particulars without their express permission - it is your responsibility to ensure you have copyright over any materials supplied to Us for publication on your behalf and you agree to indemnify Us.

Photographs, images, descriptions and all other content published on this Site are the copyright of Protata Solutions Limited and may NOT be copied from this Site or reproduced in any other advertisement or marketing, without our written consent.

You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Site.

The Protata Solutions Limited and Diaspora Endorsed logos are registered trademarks in the Republic of Kenya. We do not permit the use of the two logos by third parties without express permission or a license agreement.

Registration with Protata Solutions Limited.

To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an e-mail containing your account ID.

Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.

You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete.

By registering with the service, you agree that we can send you emails about your account, other Protata Solutions Limited services and occasional third party offers.

You accept sole responsibility for all use of your account and for keeping secret any account ID and password that may have been given to you or chosen by you, for use on this Site. You will notify us immediately of any unauthorised use of your account or any other breach of security on this Site of which you become aware

Refunds

Since the services we offer are non-tangible and irrevocable, we cannot issue refunds after a listing or reference is commenced, except at our sole discretion. We are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services.

We reserve the right not to refund the Protata Solutions Limited users for any fees paid through the use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use
  • If your ads went live with exposure on the TheProtata Solutions Limited, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;

Please note that the above list is not exhaustive.

Warranties

If you, or the landlord you represent, are a lessee under a superior lease, you warrant that the term of that superior lease extends beyond the term under the tenancy agreement and that any necessary consents to let the property have been obtained;

You, or the landlord you represent, have notified your insurance company of your intention to let the property and have obtained the insurer’s agreement to extend the insurance cover on the property and its contents to cover the change in circumstances;

if you, or the landlord you represent, are a joint owner of the property, you have ensured that all the owners of the property are named in the tenancy agreement and that you are authorised to give instructions on their behalf; and

if the property is subject to a mortgage, the landlord(s) have obtained the mortgagee’s written consent to any proposed letting.

It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any miss-descriptions that have been provided by you.

If you are a landlord, you may not upload any corporate or other logos, image or brand identifier to your property description or include the same in any image you submit to Us without their express permission.

Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 90 words.

You may not use tenant enquiries acquired via the Site to generate interest or further enquiries by any means or method for properties not listed on the Site by the landlord. Protata Solutions Limited reserve the right, at our absolute discretion, to de-list an offending agent’s and/or landlord’s properties from the Site without offering a refund.

If a user reports a miss-description in your property listing, we reserve the right to remove the relevant listing from this Website and to contact you to request confirmation that the advert is correct. Upon receipt of such confirmation, we will decide, at our sole discretion, whether to re-instate your advert. No refund will be payable to you where your advert is removed in accordance with this process.

Identity verification

You warrant that you own, or that you are acting on the behalf of the legal owner of, the property which you are instructing Protata Solutions Limited to advertise.

You shall provide us with proof of identification and proof of ownership of the property to our satisfaction. We may require you to provide Us with additional information to enable us to obtain sufficient proof of your identity by electronic means. Protata Solutions Limited has partnered with third parties to provide enhanced security to its site for its users. By submitting your details and a property advert on our Site, you irrevocably consent that we transmit the information you have provided to us to third parties to allow us to verify your identity and that you are the legal owner of the property you wish to advertise on our site. If you act on the behalf of the legal owner, you must provide us with all contact details of the landlord or legal owner. We will contact the legal owner to obtain their consent before publishing the property on our site. We may, at our sole discretion, decide to publish your property advertising.

You consent that we communicate all your details and the details of the property you are advertising with us to third parties to verify that you are the legal owner, or that you are acting on the behalf of the legal owner.

Your Legal Obligations

You warrant that all listings shall comply with the applicable governing laws and regulations at all times. Protata Solutions Limited shall not provide any Services in relation to a property where it discovers that you do not have the necessary licences, consents and/or permissions, or if you fail to provide evidence of such licences, consents and/or permissions when asked by Protata Solutions Limited. If we are made aware that you do not have the requisite licences, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants.

Data Protection

We are governed and strictly comply with Kenya’s Data Protection Act 2019. Our registration and processing of your data are governed by our Data Protection Policy.

Legal Disclaimer and Limitation of Liability

Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it.

Should you not agree with any part of these Terms and Conditions or have any dispute or claim against Us or our suppliers with respect to these Terms and Conditions or the services provided on the Site, your sole and exclusive remedy will be to discontinue using the Services.

Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded, nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence

We are not liable for any consequences or loss from your use of this Website

In no event do we accept liability of any description, for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the viewing, use or performance of this Site or its contents. The pages contained in this Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date, nor liability for any failure to do so.

Links to Other Sites

Protata Solutions Limited has provided links including Facebook and Twitter and pointers to websites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

When selling a property and, you will be invited to receive a free conveyancing quote. You may receive an email from one of our partners offering you a free quote. This service is totally optional and there is no obligation to purchase anything. There is no obligation to receive the quote either.

Conditions of Posting

As a condition of your use of the Site you agree that you will not:

  • post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights, or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
  • post or transmit any material of any kind which contains a virus or any other harmful component

The content on our partners’ site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on their site.

Jurisdiction and Choice of Law.

These Terms and Conditions are governed by Kenyan law and the parties submit to the exclusive jurisdiction of the Kenyan courts in relation to any dispute (contractual or otherwise) concerning these Terms and Conditions.

Indemnification

You agree to indemnify, defend and hold Us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any claims or demands, made by any third party due to, or arising out of, your use of the services, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other rights of any other person or entity.