SoftKeja Terms and Conditions of Use

1. Who We Are

SoftKeja is operated by [SoftKeja Limited / registered entity], a company registered in Kenya ("SoftKeja," "we," "us," "our"), providing an online platform that connects tenants, landlords, and movers.

SoftKeja is a technology platform only. We are not a real estate agency, letting agent, property manager, landlord, tenant, or moving company, and we are not a party to any tenancy, lease, sale, or moving agreement formed between Users.

2. Eligibility

• You must be at least 18 years old to use the Platform.
• You must provide accurate, current, and complete information when registering.
• Landlords must hold lawful authority to list and let the property advertised.
• SoftKeja may, at its sole discretion, refuse, suspend, or terminate access to any User without obligation to give reasons, subject to Section 12.

3. Nature of Our Service

• SoftKeja provides a platform for Users to find, list, and arrange viewings/bookings of rental properties, and to connect with independent moving service providers.
• We perform identity verification (KYC) checks on landlords using the information and documents they submit. This verification confirms identity documents were checked; it does not guarantee that a listing, property, or landlord is free of misrepresentation, fraud, or dispute, and does not constitute a warranty of any kind by SoftKeja.
• We do not inspect, own, manage, or guarantee the condition, legality, availability, or accuracy of any property listed, nor do we vet, employ, or supervise movers beyond the verification checks stated in our Safety by Design materials.
• Any agreement to rent, lease, or use a mover's services is made solely between the Users involved (tenant–landlord, tenant–mover). SoftKeja is not a party to, and assumes no responsibility for, the performance of any such agreement.

4. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must notify us immediately of any unauthorised use of your account.
• SoftKeja is not liable for any loss arising from your failure to safeguard your account credentials.

5. Listings (Landlords)

By submitting a listing, you represent and warrant that:

• You have the legal right to list, let, or sell the property;
• All information, photos, videos, and pricing provided are accurate and not misleading;
• The property complies with applicable Kenyan laws and regulations.

SoftKeja reserves the right, at its sole discretion and without liability, to:

• Reject, edit, suspend, or remove any listing at any time, for any reason, including suspected fraud, policy violations, or complaints;
• Request additional verification documents at any time;
• Feature, rank, or de-prioritise listings in search results using criteria we determine, without obligation to disclose our ranking methodology.

Landlords are solely responsible for the accuracy of listing content and for honouring the terms presented to tenants. SoftKeja bears no liability for losses arising from inaccurate, outdated, or fraudulent listing content submitted by a landlord.

6. Booking Fees and Payments

• Tenants pay a booking fee via M-Pesa to unlock a landlord's contact details, as described on the Platform at the time of booking.
• Booking fees are non-refundable, except where SoftKeja, in its sole discretion, determines that:
• The listing was fraudulent or materially misrepresented; or
• A verified technical failure on our end caused the contact details not to be delivered.
• SoftKeja is not responsible for, and will not refund, booking fees where a tenant chooses not to proceed with a landlord after contact details are released, where a landlord independently withdraws a listing after payment, or where parties fail to reach agreement on rental terms.
• Payment processing is handled by Safaricom M-Pesa or a licensed third-party payment provider. SoftKeja is not liable for delays, failures, or errors caused by mobile network operators, payment providers, or user error (e.g. incorrect till/paybill entry).
• SoftKeja may change booking fee amounts and structures at any time, with reasonable notice via the Platform.

7. Mover Services

• Movers listed on the Platform are independent third-party service providers, not employees, agents, or contractors of SoftKeja.
• SoftKeja facilitates the connection between tenants and movers based on distance and rating but does not supervise, insure, or guarantee the quality, safety, timeliness, or outcome of any move.
• Any loss, damage, delay, or dispute arising from a move is strictly between the tenant and the mover. SoftKeja's role ends at the point of introduction/matching.

8. Prohibited Conduct

You agree not to:

• Submit false, fraudulent, or misleading information, listings, reviews, or verification documents;
• Attempt to bypass the booking-fee/contact-release mechanism (e.g. soliciting off-platform payment to avoid fees);
• Harass, defraud, or discriminate against other Users;
• Use the Platform for any unlawful purpose, including money laundering or circumventing KYC checks;
• Scrape, reverse-engineer, or misuse Platform data or infrastructure;
• Post reviews that are not based on a genuine transaction on the Platform.

Violation of this section may result in immediate suspension or termination of your account, forfeiture of pending payouts (for landlords/movers found engaging in fraud), and/or referral to law enforcement, at SoftKeja's sole discretion.

9. Reviews and Ratings

• Reviews must reflect genuine experiences from a completed Platform transaction.
• SoftKeja may remove, edit, or decline to publish reviews that are abusive, defamatory, fraudulent, or that violate these Terms, without notice.
• SoftKeja does not independently verify the substance of reviews and is not liable for their content.

10. Intellectual Property

• All Platform content, branding, software, and design (excluding User-submitted listing content) are the property of SoftKeja and protected by applicable intellectual property laws.
• By submitting listing photos, videos, or descriptions, you grant SoftKeja a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content for the purpose of operating and promoting the Platform.
• You may not copy, reproduce, or use SoftKeja's branding or platform content without prior written consent.

11. Disclaimer of Warranties

To the maximum extent permitted by Kenyan law:

• The Platform is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement.
• SoftKeja does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any listing, landlord, tenant, or mover is trustworthy, legal, or as represented.
• Any reliance you place on information from the Platform, listings, or other Users is at your own risk.

12. Limitation of Liability

To the maximum extent permitted by law:

• SoftKeja's total liability to any User for any claim arising from use of the Platform shall not exceed the total booking fees paid by that User to SoftKeja in the one (1) month preceding the claim.
• SoftKeja shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, loss of a rental opportunity, or personal injury/property damage arising from interactions, transactions, or disputes between Users (tenant-landlord, tenant-mover).
• Nothing in these Terms excludes liability that cannot be excluded under Kenyan law, including liability for death or personal injury caused by SoftKeja's own gross negligence or wilful misconduct.

13. Indemnification

You agree to indemnify and hold harmless SoftKeja, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms;
• Content you submit (listings, reviews, messages);
• Your interactions or transactions with other Users;
• Your violation of any law or third-party right.

14. Suspension and Termination

• SoftKeja may suspend or terminate your account at any time, with or without notice, for suspected fraud, breach of these Terms, or at our sole discretion, without liability to you.
• You may close your account at any time by contacting softkeja@gmail.com; certain data may be retained per our Privacy Policy for legal/dispute purposes.
• Sections relating to liability, indemnification, intellectual property, and dispute resolution survive termination.

15. Changes to the Platform and Terms

• SoftKeja may modify, suspend, or discontinue any part of the Platform at any time without liability.
• We may update these Terms at any time. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. Material changes will be communicated via the app/website.

16. Dispute Resolution and Governing Law

• These Terms are governed by the laws of the Republic of Kenya.
• Any dispute arising from these Terms or use of the Platform shall first be addressed through good-faith negotiation between the parties.
• Failing resolution within [30] days, disputes shall be referred to arbitration in Nairobi under the Arbitration Act (Cap 49), with the arbitrator's decision being final and binding, except where a User's rights under the Consumer Protection Act, 2012 or the Data Protection Act, 2019 entitle them to pursue the matter before a competent Kenyan court or regulator (e.g. ODPC).
• Users retain the right to lodge complaints with relevant Kenyan regulatory bodies regardless of any arbitration clause.

17. Severability

If any provision of these Terms is found unenforceable by a competent authority, the remaining provisions shall continue in full force and effect.

18. Contact Us

SoftKeja Email: softkeja@gmail.com Phone: [phone number] Address: [registered address]