Please read these Terms and
Conditions of Services ("Terms", "Terms of Service")
carefully before using the services provided through https://www.nyumbar.com/ website (the "Platform") operated by Nyumbar ("us",
"we", or "our").
Services may include but are
not limited to, rental business management, tenant validation, rental
contracts, website domain, rental disputes resolution (through a credible
partner), and access to legal debt collection (through a credible partner) (each
a "Service" and collectively the "Services")
Your access to and use of
the Service is conditioned on your acceptance of and strict compliance with
these Terms and Conditions.
The usage of these terms
establishes a binding client relationship with the different users of the
Platform /Website.
By accessing or using the
Website, you agree to be bound by these Terms of Service. If you disagree with
any part of the Terms, then you may not access the Service.
IT IS NOTED THAT
A.
Nyumbar is a subsidiary of Utatuzi Center,
a duly registered LLP under the Kenyan Laws and
domiciled at Luther Plaza, 3rd Floor, Nyerere Road in Nairobi Kenya and who are
the legal owner, creator of https://www.nyumbar.com/ a
web-powered platform for securing and managing the rental
business in Kenya.
B.
The Client acknowledges that in the use of
Nyumbar’s Platform Services, their relationship with Nyumbar and its Parent
Company is limited to being an independent, third-party contractor and not
creates a relationship of employment, agency, joint venture, or partner of
Utatuzi Center or Nyumbar for any reason.
C.
The Client acknowledges that they act
exclusively on their behalf and for their benefit, and not on behalf or for the
benefit of Nyumbar. We do not, and shall not be deemed to, direct or control
the Client generally or in their performance under these Terms specifically,
including in connection with your provision of the Services.
NOW,
THEREFORE, IN CONSIDERATION OF PROMISES AND
COVENANTS CONTAINED HEREIN, THE PARTIES DO AGREE AS FOLLOWS:
1.
DEFINITIONS
AND INTERPRETATION
For the purposes of this Agreement and the
preamble above, unless the context requires otherwise:
1.1.1. “Account” means private access to a computer system or
online Service, usually requiring a password credential to log in.
1.1.3. "ADR Professional" means:
1.1.3.1. Arbitrator as defined by the Arbitration Act of Kenya, Act: No. 4 of
1995 and the Rules therein; and
1.1.3.2.
Mediator, as defined by Section 2 of the Civil
Procedure Act Cap 21 Laws of Kenya.
1.1.4. “API” means the Application User Interface.
1.1.5. "Client/
You" means any person (legal or natural) refers to a natural or legal
person who has accepted the Nyumbar’s terms of services to enjoy the various
services rendered by Us.
1.1.6. “Client Content”
has the meaning ascribed to it in clause 3.1.1.
1.1.7. "Commencement Date" means the date that the Client has agreed in writing (through
electronic means or otherwise) to be bound by this Agreement.
1.1.8. “Collective Content” has the meaning ascribed to it
in clause 3.1.2.
1.1.9. "Confidential Information" means any secret,
confidential, or proprietary information of the Firm or of or concerning any
direct or indirect shareholders of the Firm, including information received by
the Firm from any customer, agent, officer, and employee. The term Confidential
Information does not include information that has become generally available to
the public by the act of one who has the right to disclose such information
without violating any rights of the customer or Client to which such
information pertains.
1.1.10. “Cookies” means small files that
are placed on Your computer, mobile device, or any other device by a website,
containing the details of Your browsing history on that Website among its many
uses
1.1.11. “Dispute Resolution Services” means the services
provided by an ADR Professional in resolving a dispute.
1.1.12. “Fees” has the meaning ascribed to it in clause 5.
1.1.13. "Intellectual Property" shall mean and
include the exclusive proprietary interests of Nyumbar including any know-how,
Confidential information, trade secrets, patents, copyright inclusive of moral
rights, designs, trademarks, trade dress, whether relating to any documents,
drawings, systems, software, scientific workings and computations, programs,
integrated circuit layout designs, discoveries, inventions (whether subject to
patent protection or not).
1.1.14. "KES" means Kenya Shillings, the lawful currency
of the Republic of Kenya.
1.1.15. "Parties" means the Client, the Firm, the term "Party" shall be
construed accordingly.
1.1.16. "Personal Data" means personally
identifiable information: which may include, but is not limited to, the email
address; names (first name and last name); phone number; postal address; and
Cookies and Usage Data.
1.1.17. “Platform” means the Nyumbar Platform and all its
Services and Content.
1.1.18.
“Rental Contract Fees’ has the meaning ascribed to it
by 5.3.1;
1.1.19.
“Services” means:
1.1.20.
"Website"
refers to Nyumbar, accessible from https://www.nyumbar.com
1.1.21.
“Term” means the period of subsistence of the contractual relationship
between the parties
1.1.22. "Termination Date" has the meaning ascribed to it in clause 4.1.
1.1.23. “Third Parties” means the authorised service providers
recognised as partners of Nyumbar and legal government agencies.
1.1.24. “Service
Provider” means any natural or legal person who processes the data on behalf of
the Company. It refers to third-party companies or individuals employed by the
Company to facilitate the Service, provide the Service on behalf of the
Company, perform services related to the Service, or assist the Company in
analyzing how the Service is used.
1.2.
In addition to the definitions in clause 1.1, unless the
context requires otherwise:
1.2.1. the singular shall include the plural and vice versa;
and
1.2.2. a reference to any gender, whether masculine, feminine, or
neuter, consists of the other two.
1.3.
All the headings and sub-headings in this
Agreement are for convenience only and are not to be taken into account for the
purposes of interpreting it.
2.
ELIGIBILITY, ACCESS, AND USE OF PLATFORM AND SERVICES
2.1.
In order to access and use Nyumbar’s
Platform or register a Nyumbar Account, you must be an individual at least 18
years old or a duly organized, validly existing business, organization, or
other legal entity in good standing under the laws of the country you are
established and able to enter into legally binding contracts.
2.2.
An individual or a legal entity only becomes a client upon:
2.3.
paying the requisite Fees according to
clause 5;
2.4.
creating an Account on the Nyumbar
platform;
which will allow them to access and use
certain features of Nyumbar’s Services, such as registering their rental
businesses, onboarding new tenants, registering disputes, and accessing the
rental contracts. If you are registering a Nyumbar Account for a business,
organization, or other legal entity, you represent and warrant that you have
the authority to legally bind that entity and grant us all permissions and
licenses provided in these Terms.
2.5.
The registration requires that you submit
to Nyumbar certain personal information, such as your name, address, mobile
phone number, your company’s phone number, and age, as well as at least one
valid payment method supported by Nyumbar. Further, you agree to maintain at
all times accurate, complete, and up-to-date information in your Account.
2.6.
Your failure to maintain accurate,
complete, and up-to-date Account information, including having an invalid or
expired payment method on file, may result in your inability to access or use Nyumbar’s
Services.
2.7.
You may not register more than one (1) Nyumbar
Account unless We authorize you to do so. You will not assign or otherwise
transfer your Account to another party.
2.8.
The Client is responsible for maintaining
the confidentiality and security of their Nyumbar’s Account credentials and may
not disclose their credentials to any third party. You must immediately notify Nyumbar
if you know or have any reason to suspect that your credentials have been lost,
stolen, misappropriated, or otherwise compromised or in case of any actual or
suspected unauthorized use of your Nyumbar Account. You are liable for any, and
all activities conducted through your Nyumbar Account unless you do not
authorize such activities, and you are not otherwise negligent (such as failing
to report the unauthorized use or loss of your credentials).
3.1.
Nyumbar may, at its sole discretion,
enable Clients to:
3.2.
Your use of the Website does not grant You any rights
or any of the Nyumbar’s rights. By posting, uploading, inputting, providing, or
submitting content, You grant Us and our Services Provider(s) permission to
download or transmit the content, but not to distribute or display it on other
websites or media, or to reproduce, edit, translate, reformat or publish said
content, unless expressly so authorized by the intellectual property rights
holder.
3.3.
Nyumbar respects others' intellectual property rights
and requires that Clients, Partners, and Users do the same.
3.4.
You undertake not to post, upload,
publish, submit, or transmit any Client Content that:
3.4.1. is fraudulent, false, misleading (directly or by
omission or failure to update information), or deceptive;
3.4.2. is defamatory, libelous, obscene, pornographic, vulgar,
or offensive;
3.4.3. promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group;
3.4.4. is violent or threatening or promotes violence or
actions that are threatening to any other person or animal; promotes illegal or
harmful activities or substances; or
3.4.5. violates Nyumbar’s Privacy Policy or any other Nyumbar’s
policies.
3.5.
Number
may, without prior notice, remove or disable access to any Client
Content that Wefind to violate applicable law; these Terms or Nyumbar’s the-current Privacy Policies or Terms
and Conditions, or otherwise may be harmful or objectionable to Nyumbar, its Clients,
Third Parties, or property.
4.2.
For the avoidance of doubt, this Agreement
shall be effective for the term designated by clause 4.1, at the end of which it will
automatically renew it subject to the strict adherence to the terms and
conditions.
4.3.
Where the Client terminates the
relationship after one year, the
Client acknowledges that:
4.3.1.
access to the
account will be revoked, and the API access disconnected immediately;
4.3.2.
access to Services
on the Website shall be immediately
discontinued; and
4.3.3.
the Client will be
responsible for their data management on the Website and the respective Services; and
4.3.4.
For the avoidance
of doubt, the Client acknowledges that they will not hold Nyumbar liable in any
way for the discontinuation of Platform Services in accordance with the above
clauses and will be wholly responsible for the continuation of any services or
payment owed to a third party.
5.2.
The Client acknowledges that:
5.2.1.
the payment of the Fees will only cover the Primary Services as
indicated in clause 1.1.17.1;
5.2.2.
they shall be responsible for paying all
additional fees to access Support Services as indicated in clause 1.1.17.2, which
shall be provided independently by
our vetted institutional partners.
5.2.3.
they will independently sign contracts in
respect of the Support Services with the relevant service provider. For the
avoidance of doubt, the Terms and Conditions of Nyumbar will not be interpreted as a contract of services in relation to
the Support Service.
5.2.4.
Nyumbar does not in any way control the provision of the Support Services, and
does not have any interest (direct
or indirect) in the outcome (successful or otherwise) of the Support Service.
5.2.5.
Nyumbar reserves the right to increase the fees payable by the Client.
Nyumbar will notify the client in accordance with clause 15.
5.2.7.
They will abide by the terms and
conditions including the submission of the relevant Platform or third party
fees and to fill in the relevant details on their
dashboard.
5.3.
The Client SHALL be responsible for
ensuring (in addition to the
requirements in clause 2, 3)
5.3.2. Tthe timely payment of the fees owed to Third Parties
providing the Support Services as well as payment of applicable taxes,
statutory deductions/contributions, and any other taxes and/or contributions in
respect of Services accessed on the Platform.
6.
RIGHTS
AND OBLIGATIONS OF THE FIRM
6.1.
Nyumbar shall not be liable to the Client
for any loss or damage whatsoever or howsoever caused, arising directly or
indirectly in connection with this Agreement, the Platform Services, the
provision of Support Services, its use or otherwise, except to the extent to
which it is unlawful to exclude such liability under the applicable law. We reserve the right to make any
modifications to the Platform at any given time.
6.2.
The Client acknowledges that:
6.2.1.
Nyumbar cannot guarantee that
communications on the Platform between the Third Parties, the Client, the
Tenants, an individual or a legal entity
OR any data stored on the Platform, will be free from unauthorized access by
third parties due to the open communication nature of the Internet.
6.2.2.
the Platform, in
general, is not error-free and agrees that the existence of such errors shall
not constitute a breach of this Agreement.
6.2.3. the Firm has taken
all reasonable steps to protect client information against loss or theft and
against unauthorized access, copying, use, modification, disclosure, or other
misuses.
6.2.4.
notwithstanding
clause 6.2.2, You will use
commercially reasonable efforts to protect any information of the other Party,
including those of Third Parties, and will
ensure such information is not misplaced or disclosed to parties not privy to
their contractual relationship and Nyumbar will have restricted liability in
accordance with the preceding clause 6.1.
6.3.
We will at all times as reasonably
practicable ensure that the Client’s access to the Platform is throughout, i.e.,
24 hours a day. However, in instances where access of the Platform Services is
temporarily suspended or experiencing technical hitches, or there is maintenance
or repair of the Website, We will undertake to notify You timeously in
compliance with clause 8, to ensure
continued access of the various Platform Services.
7.
RIGHTS AND OBLIGATIONS OF THE CLIENT
7.1.
The Client guarantees that:
7.1.1.
they shall perform and fulfil all
obligations within a timeously and expeditious manner with utmost good-faith;
7.1.2.
all that the information that he/she has
provided is accurate, complete and will be provided
in good faith. The Client agrees to provide information of the tenants and
reasonably cooperate with Nyumbar in connection with the due diligence of the tenants
before entering the Client’s Premises.
7.1.3.
The Client agrees to verify the
information provided by the tenant, during the on-boarding process to ensure
the accuracy and completeness of the information.
7.1.4.
The Client agrees that Nyumbar will not be held liable for any
eventualities or defaults and Nyumbar will
not provide any assistance where the Client:
7.1.4.1.
Wilfully/negligently does
not verify the tenants details or keys in false details;
7.1.4.2.
By-passes the Nyumbar Platform
and enters into an independent contract with a tenant which is not governed by
the Nyumbar Contract.
7.2.
The Client acknowledges that the Firm does not:
7.2.1.
offer any guarantees in respect of the
outcome (successful or otherwise) of any disputes resolved in accordance with
the Support Services and at all times remains an independent party;
7.2.2.
have any interest (which include but is
not limited to) material, direct or indirect of the dispute and the resultant
settlement agreement or arbitral award and orders in respect of the debts
collected and at all times remains an independent party; and
7.2.3.
have any control (which include but is not
limited to) material, direct or indirect, in respect of the validation of
tenants, and at all times remains an independent party.
7.4.
The Client undertakes not to breach or
circumvent any applicable laws or regulations, agreements with third-parties,
third-party rights, or our Terms and Conditions and Our Privacy Policies.
7.5.
The Client shall not use the Nyumbar’s
Platform Services or Collective Content for any commercial or other purposes that
are not expressly permitted by these Terms or in a manner that falsely implies Nyumbar's
endorsement, partnership or otherwise misleads others as to your affiliation
with Nyumbar.
7.6.
The Client acknowledges Nyumbar’s exclusive
and no-licensing ownership of Intellectual Property.
7.7.
The Client grants Nyumbar a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to host, use,
distribute, modify, run, copy, publicly perform or display, translate and
create derivative works of any data, content and other information provided by
you or accessed by us in connection with the access of our services
(collectively, "Nyumbar Content"), including photos, videos,
and content, in connection with the Nyumbar’s Products and Services.
7.8.
The Client agrees and undertakes to and in
favour of Nyumbar not to utilize or disclose to others the Intellectual
Property of Nyumbar, disclosed or made available them in their relationship or
access to the services rendered by Us.
7.9.
By using our Platform, you agree to the
use and processing of data by authorized Third Parties, in accordance with the
provisions of the Data Protection Act and any relevant statutes under the Laws
of Kenya.
8.1.
Upon the occurrence of an event as
envisioned in clause 6.3, We shall:
8.1.1.
as soon as reasonably possible, notify the
Client and Third Parties (if necessary) of the system failure; and
8.1.2.
take any other measures to ensure the
smooth flow of the Services including having a secondary system .
8.2.
The Client acknowledges that in the event
of system failure as envisioned in clause 6.3
8.2.1.
the provisions of clause 2 (Eligibility,
Access and Use of Services), 3 (Content), 5 (Fees), 7 (Rights and
Obligations of the Firm), 9
(Confidentiality), 11
(Indemnification), 13 (Governing Law
and Dispute Resolution) shall apply.
8.2.2.
the
Client shall take adequate precautions to ensure the security of any
information shared during the system failure.
9.1.
The Client acknowledges that in the course
of their engagement and accessing Nyumbar’s Platform and Services, they may
have access to Confidential Information of Nyumbar, Directors, Partners and
various Third Parties.
9.2.
The Client shall not (except in the proper
course of their engagement and access of the Platform), either during the acquisition
of the Services or at any time after termination of this Agreement, use or
disclose to any third party (and shall use to their best endeavours to prevent
the publication or disclosure of) any confidential information about Nyumbar. This
restriction does not apply to:
9.2.1.
any use or disclosure authorized by Us or
required by law; or
9.2.2.
any information which is already in, or
comes into, the public domain otherwise than through the Client's unauthorized
disclosure.
9.4.
Upon termination of this Agreement,
howsoever arising, the Client shall deliver to Nyumbar all documents (if any) made
or compiled or acquired by them by their engagement with the Firm and in the
course of accessing the Nyumbar’s Services already rendered. The information may include but not limited to
the performance of the Services and concerning the business, finances, or
affairs of the Firm or any of its associated companies as appropriate.
9.5.
The provisions of this clause 9 shall survive the
termination of this Agreement and shall continue in full force and effect.
10.
MISCELLANEOUS
10.1.
The relationship between the parties
herein is purely contractual. It does not in any way imply a merger, joint
venture, partnership of the parties, nor forfeiture of any legal rights and
obligations guaranteed by law to each Party herein.
10.2.
Nyumbar and the Client agree and intend
that this relationship is one of undertaking independent contractor services
and is not a relationship of employer or employee, agency, joint venture, or
partnership. Nothing in this Contract shall render the Client an employee,
worker, agent, or partner of Nyumbar, and the Client shall not hold themselves
out as such.
10.3.
Nothing contained herein shall be
construed as establishing a relationship of principal and agent between Nyumbar
and Client. Further, the Client will be solely responsible for determining
their tax obligations to report, collect, remit or any applicable VAT or other
connected taxes, as well as any additional disclosure required by their Governmental
agencies.
10.4.
The Client acknowledges that in the course
of their engagement with Nyumbar or in the course of accessing Our Services
rendered in the Platform, they will have access to Confidential Information of
the Firm and they will take all reasonable measures to safeguard its integrity
and confidentiality.
11.
INDEMNIFICATION
11.1.
The Client hereby agrees to indemnify and
hold Nyumbar, its employees and/or agents harmless from and against all and/or
any claims, demands, actions, penalties, suits, liabilities, losses, costs,
damages or expenses which We may have
against them, become responsible for or incur for any reason arising from the
proven negligence of the Client.
11.2.
The Client acknowledges that they shall be
fully responsible for and shall indemnify and hold Nyumbar harmless against any
liability, demand, penalty, assessment, or claim concerning taxation whatsoever
arising from or made in connection with the performance of the Services, where
such recovery is not prohibited by law.
11.3.
For the avoidance of doubt, the Client
explicitly agree to indemnify and hold Nyumbar and its affiliates and their
officers, directors, employees, and agents harmless from any and all claims,
demands, losses, liabilities, and expenses (including debt collection /dispute resolution' fees),
arising out of or in connection with:
11.3.1.
your use of Nyumbar’s Services or Products obtained through your use
of these services;
11.3.2.
your breach or violation of any of these
Terms;
11.3.3.
Nyumbar's use of your Client Content; or
11.3.4.
your violation of the rights of any third
party, including third-party providers.
11.4.
This Agreement constitutes a contract for
the provision of services. It is not a contract of employment, joint venture,
partnership, profit sharing, or any other form of legal engagement.
Accordingly, the Client shall be fully responsible for and shall indemnify the Firm
from and against all and/or any claims, demands, actions, penalties, suits,
liabilities, losses, costs, damages that the Firm faces.
12.
TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES
12.1.
This
Agreement shall be effective for the Term in clause 1.1.21 and shall
automatically be terminated after such duration, whereas the provisions of
clause 4.3 will take effect.
12.2.
You may cancel this engagement any time by
sending us an email. If you cancel this:
12.2.1.
the provisions of clause 4.3 will take effect;
12.2.2.
you
will be required to settle any outstanding fees in respect of the Support
Services which will be paid independently to the appropriate Third Parties in
accordance with clause 5.2.2.
to 5.2.5.
12.3.
Without limiting our rights specified
below, Nyumbar may terminate this Agreement for convenience at any time by
giving you thirty (30) days' notice via email to your registered email address.
12.4.1.
you have failed to pay the Fees, or you
have failed to submit the Rental Contract Fees or you have failed settle the
fees for Support Services.
12.4.2.
you have materially breached your
obligations under this Agreement, the Terms, and Conditions,
our Privacy Policies as well as applicable standards;
12.4.3.
you have violated applicable laws
(including those governing criminal activities), regulations or third-party
rights; or
12.4.4.
Nyumbar believes in good faith that such
action is reasonably necessary to protect the personal safety or property of the
Nyumbar, its Clients, Partners, Affiliates, or Third Parties (for example, in
the case of fraudulent behaviour of a Client).
12.5.
Without limiting the parties contracting
rights, this Agreement may be terminated by mutual consent, provided the
desirous Party give notice of thirty (30) days, to the Party’s current address,
and where there is no physical address through the Party’s most recent email address.
13.
GOVERNING
LAW AND DISPUTE RESOLUTION
13.1.
This Agreement shall be governed by and
construed in accordance with Kenyan law.
13.2.
Nyumbar and the Client agree to seek to
resolve any dispute, controversy or claim arising out of or relating to this
Agreement or the breach, termination or invalidity thereof, shall be settled by
amicable settlement. Where it is not possible to reach an amicable settlement, any
dispute, controversy or claim arising out of or relating to this Agreement of
the breach, termination or invalidity thereof, shall be settled by mediation-arbitration
strategy in accordance with the Kenyan Arbitration Act of 1995 or any statutory
modifications or re-enactment thereof for the time being in force.
14.
GENERAL
PROVISIONS
14.1.
This Agreement constitutes the whole of
the Agreement between the parties relating to the subject matter hereof, and no
amendment, alteration, addition, variation or consensual cancellation will be
of any force or effect unless reduced to writing and signed by both parties.
14.2.
Each Party hereby agrees and confirms for
the purpose of the Law of Contract Act (Chapter 23, Laws of Kenya) that they
have the legal capacity to enter this Contract and has executed this Contract intending
to bind itself to the contents hereof.
14.3.
This Agreement constitutes the entire
Agreement and understanding between the Parties in respect of Confidential
Information and supersedes all previous agreements, understandings, and
undertakings in such connection.
14.4.
No waiver of any of the terms and
conditions of this Agreement will be binding for any purpose unless expressed
in writing and signed by the Party, giving the same. Any such waiver will be
effective only in the specific instance and for the purpose given. No failure
or delay on the part of either Party in exercising any right, power or
privilege will operate as a waiver, nor will any single or partial exercise of
any right, power or privilege preclude any other or further exercise thereof or
the exercise of any other right, power or privilege.
14.5.
Nyumbar’s failure to enforce any right or
provision in these Terms will not constitute a waiver of such right or
provision unless acknowledged and agreed to by us in writing. Except as
expressly outlined in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other remedies
under these Terms or otherwise permitted under law.
14.6.
You shall not assign or subcontract any of
their rights or duties under this Agreement without the prior written consent
of the Firm and shall not, during and after the termination of this Agreement,
interfere or attempt to interfere with the existing relationship between the Firm
and any of its beneficiaries, clients or employees in a manner that may be
deemed to be detrimental to the Firm.
14.7.
We may assign this Agreement to a third
party without requiring the consent of the Client and without having to give
prior notice thereof to the Client.
14.8.
No provision of this Agreement may be
amended, changed, altered, modified or waived except in writing and duly
executed by the parties herein, which writing shall specifically reference this
Agreement and the provision which the parties intend to waive or modify.
14.9.
Should any provision of this Agreement be
declared or determined by any court of competent jurisdiction to be
unenforceable or invalid for any reason, the validity of the remaining parts,
terms or provisions of this Agreement shall not be affected thereby and the
invalid or unenforceable part, term or provision shall be deemed not to be a
part of this Agreement.
14.10.
The failure to exercise or delay in
exercising a right or remedy provided by this Agreement or by law does not
constitute a waiver of the right or remedy or a waiver of other rights or
remedies. No single or partial exercise
of a right or remedy provided by this Agreement or by law prevents the further
exercise of the right or remedy or the exercise of another right or remedy. The
rights and remedies granted by this Agreement are cumulative and not exclusive
of any rights or remedies provided by law.
14.11.
Any provision of this Agreement which is
expressly or by implication intended to survive the termination of this
Agreement, including clause 9 shall survive and
remain in effect after the termination of this Agreement.
15.
NOTICES
15.1.
Unless specified otherwise, any notices or
other communications to Clients permitted or required under this Agreement such
as: payments falling due, successful platform’s transaction or any other
details we consider necessary will be provided electronically and given by Nyumbar
via email, Nyumbar’s Platform notification, or messaging service (including SMS
and Whatsapp). This shall be deemed to have been served at the time of delivery
to the email address or phone number provided during the sign up process or to
such other contact address as may be notified from time to time.
15.2.
Legal documentation including but not
limited to Rental Contracts and Demand Letters, shall be delivered
electronically via email or delivered physically to the Client’s authorised
premises. This shall be deemed to have been served at the time of delivery to
the physical or email address given during the sign up process, or to such
other contact address as may be notified from time to time.
16.
ACCEPTANCE OF THIS AGREEMENT
16.1.
Upon:
16.1.1.
clicking on the “Accept” option on
Nyumbar’s registration form; or
16.1.2.
signing at the bottom of a physical form;
the
Client agrees to have understood, and has accepted to abide by all the Terms
and Conditions governing Nyumbar including any subsequent variations or
amendments.
17.
CONTACT
If
you have any questions about these Terms and Conditions, please contact us
using the various channels provided on a current page of the Nyumbar Website.