Terms and Conditions of Use (the “Terms”)
Please read these Terms carefully before accessing or using the services made available, accessed, published or otherwise offered through Hayview Real Estate.com (the “Site”). By accessing or using the Site, you agree to be bound by these Terms. Please note that you will be required to review and agree to our Privacy Policy before you can access and use the Site. Advertisers who use the Site must accept and adhere to the Advertiser’s Terms and Conditions.
Definitions
For the purposes of these terms the terms:
Hayview Real Estate, we, our and us refer to Buy Rent Kenya Limited; and
Site refers to www.Hayview Real Estate.com, and mobile versions of these websites and software applications derived from these websites for mobile devices.
Advertisers and listers refer to private sellers, agents, property developers, landlords and ancillary partners.
Personal information
You do not have to create an account in order to use the Site, but certain areas of our Site are only available to registered users. If you decide to create an account on the Site and become a registered user, as part of the registration process, you will be required to submit certain personal information. Our Privacy governs how we deal with your personal information. Please review the Privacy Policy carefully to understand our practices.
Copyright and trademarks
All the content on the Site, including service marks, trademarks, designs, code, images, advertising content, advertiser identities, logos, property content, product information, general content, pricing data, advertisements, advertiser details, user interface design, software and all other forms of media or information published on the site from time to time (the “Content”) is owned or otherwise licensed by Hayview Real Estate unless otherwise indicated, and, where applicable, is protected by local and international law on copyright and intellectual property.
You agree not to infringe on any of the intellectual property rights in the Content or any other material owned by third parties, and undertake not to reproduce the materials without the express permission in writing of the owners of the intellectual property rights. To obtain permission for the use of the Content on the Site, please email info@hayviewrealestate.com.
Use of the Site
The information contained on this Site is for your personal use only.
- You should not sell, redistribute or use the information for any commercial purpose (including but not limited to using advertiser’s contact details for unsolicited commercial correspondence).
- You should not become a registered user of the Site in order to access, modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content from this or any other version of the Site on behalf of others for financial gain.
- You should not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content from this or any other version of the Site, or use the Site for any purpose that is unlawful or prohibited by these terms of use.
- You should not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing the Content on the Site on your own website or in any other publication, except with Buyrent Kenya’s prior written consent.
- You agree that accessing membership and areas of the Site that require you to log in without permission for non-personal or commercial use constitutes trespass.
You may download material from this Site for your personal use provided you adhere to the copyright and trademarks provision above and keep intact all copyright and other proprietary notices.
Information does not constitute professional advice
You acknowledge and agree that the information published on the Site is intended to provide general information in summary form on property and other issues. It does constitute advice which should be relied upon.
Hayview Real Estate does not endorse or recommend any of the advertisers, agents, property developers, private sellers, ancillary partners, potential buyers property or services advertised on the Site. We strongly recommend that you obtain your own independent legal, accounting, financial, customer reputation, reference, background checking or taxation advice as appropriate prior to entering into any agreement with any of the advertisers on the Site or any other third party.
It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, products and other information provided through the Site. We will not be liable to you for any decision you make or action you take in reliance on any information contained on or omitted from the Site.
No guarantees of availability
Hayview Real Estate gives no guarantee to you of the continued availability of any particular property or product advertised on the Site and will not be liable to you should an advertiser have sold or withdrawn a property availability at any time prior to removal of the listing or resume from the Site.
Whilst we take efforts to ensure that advertisers and potential buyers are genuine and that the data presented about the property or buyer is accurate, we give no guarantee to you that every property or buyer description is free from errors or inaccuracies.
Third party sites and links
The Site may provide links and pointers to internet sites maintained by third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by Hayview Real Estate.
Such linked sites are not under the control of Buyrent Kenya and we are not responsible for the content (including the accuracy, legality or decency of such content) of any linked site or any link contained in a linked site. Hayview Real Estate is also not responsible for any linked site’s compliance with intellectual property laws, including copyrights, and will not be liable for any damages or loss arising in any way out of, in connection with or incidental to any information or third party service provided by any third party.
No guarantees as to the service
We do not warrant that the services generally available through the Site will be uninterrupted or error-free, or that defects in the services will be corrected. You also acknowledge and understand that Hayview Real Estate cannot and does not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest destructive properties. 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.
Rights to shared information
We welcome ideas and feedback from you about all aspects of the Site. We may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email or any other form of communication to us. Please read our Privacy Policy for more information on how we deal with the information you share with us.
The security of your information
While Hayview Real Estate has in place safeguards and takes all due care in ensuring the privacy and integrity of the personal information you provide, the possibility exists that this information could be unlawfully observed by or disclosed to a third party while in transit over the internet or while stored on Hayview Real Estate systems or on the Site. Hayview Real Estate disclaims all liability to you to the greatest extent possible under the relevant laws should this occur.
Please refer to our Privacy Policy for more information on this.
Securing your login details
To become a registered user, you must provide a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and other login details. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following the instructions on the Site. You may also change your login details by contacting customer service.
You shall immediately notify Hayview Real Estate of any unauthorized use of your account or login details, or any other breach of security known to you.
No misrepresentations allowed
You undertake that you will not, either through any act or omission, mislead or deceive others in the course of using the Site. Where a valid complaint is made by a third party or Hayview Real Estate in the course of its own investigations establishes that you have misled or deceive others, Hayview Real Estate has the right to suspend your account.
Variation
Hayview Real Estate may modify these terms at any time, and such modifications shall be effective immediately upon the modified terms being posted on the Site. Where you are a registered user, Hayview Real Estate may in its sole discretion post a notification of the updated terms on your account.
General provisions
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of these terms.
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
Termination of these terms will not end those provisions that are capable of surviving the termination of the terms, or affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.
These terms are governed by the laws of Kenya and you irrevocably submit to the exclusive jurisdiction of its Courts.
Last updated: 08 January 2023
