Last Updated: March 17, 2024
1. Acceptance of Terms
By accessing or using the Dominium platform, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. Your continued use of the platform constitutes your acceptance of any changes or updates to these terms.
2. Definitions
- "Platform" refers to the Dominium website, mobile applications, and related services.
- "User" refers to any person who accesses or uses the Platform.
- "Tenant" refers to a User seeking to rent a property.
- "Landlord" refers to a property owner listing properties for rent.
- "Caretaker" refers to a User offering property management services.
- "Listing" refers to a property advertised for rent on the Platform.
- "Content" means any information, text, images, or materials uploaded or posted to the Platform.
3. Account Registration
To use certain features of the Platform, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Promptly update your information as needed
- Accept responsibility for all activities under your account
- Not share your account credentials with others
- Notify us immediately of any unauthorized use
You must be at least 18 years old to create an account. We reserve the right to suspend or terminate accounts that violate these terms.
4. Property Listings
4.1 Listing Requirements
Landlords listing properties must:
- Have legal authority to rent the property
- Provide accurate information about the property
- Include clear, honest photographs
- Specify accurate rental terms and conditions
- Maintain the property in a safe and habitable condition
- Respond to inquiries in a timely manner
4.2 Prohibited Listings
The following types of listings are strictly prohibited:
- Illegal properties or activities
- Discriminatory listings (violating fair housing laws)
- Misleading or fraudulent listings
- Listings that infringe on intellectual property rights
- Properties that are not actually available for rent
- Listings with false or misleading pricing
4.3 Listing Verification
We may verify listings but do not guarantee their accuracy. Users are encouraged to verify property details independently before entering into any agreement.
5. Payments & Fees
5.1 Platform Fees
Dominium charges transaction fees for rent payments processed through the platform. Current fee structure:
- Tenant transaction fee: As displayed at time of payment
- Landlord transaction fee: As displayed in your account dashboard
- No fees for browsing or searching properties
5.2 Rent Payments
- All payments are processed securely through M-Pesa
- Funds are held in a trust account before disbursement to landlords
- Landlords receive payments within 24 hours of tenant payment
- We are not responsible for bank delays or M-Pesa downtime
5.3 Refunds
Rent payments are non-refundable once disbursed to landlords. Disputes between tenants and landlords must be resolved directly. We may assist in mediation but are not responsible for refunds.
6. Tenants
As a tenant using our platform, you agree to:
- Provide accurate information in rental applications
- Pay rent on time according to your lease agreement
- Respect the property and follow landlord rules
- Communicate respectfully with landlords and caretakers
- Not use the platform for fraudulent purposes
- Report any issues with your property promptly
7. Landlords
As a landlord using our platform, you agree to:
- Maintain accurate and up-to-date listings
- Respond to tenant inquiries within 48 hours
- Honor all commitments made to tenants
- Maintain properties in safe, habitable condition
- Comply with all applicable housing laws
- Pay all applicable platform fees
- Provide valid payment information for rent collection
8. Caretakers
As a caretaker using our platform, you agree to:
- Maintain an accurate profile with verifiable information
- Perform duties as agreed with landlords
- Respond promptly to property issues
- Maintain professional conduct at all times
- Not misrepresent your qualifications or experience
- Complete any assigned training or certifications
9. User Content
9.1 Ownership
You retain ownership of content you post. By posting, you grant Dominium a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content on our platform.
9.2 Prohibited Content
You may not post content that:
- Is illegal, harmful, or fraudulent
- Infringes on others' rights
- Contains hate speech or discrimination
- Includes personal information of others without consent
- Contains malware or harmful code
9.3 Content Moderation
We reserve the right to remove any content that violates these terms without prior notice.
10. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our platform, you consent to our data practices as described in the Privacy Policy.
Key points:
- We collect information you provide directly
- We use cookies to improve your experience
- We do not sell your personal information
- We protect your data with industry-standard security
- You may request deletion of your data
11. Termination
We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
Upon termination:
- Your right to use the platform immediately ceases
- We may delete your content and data
- Any pending transactions may be cancelled
12. Limitation of Liability
To the maximum extent permitted by law, Dominium and its affiliates shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Damages resulting from your use of the platform
- Actions or omissions of other users
- Property conditions or landlord-tenant disputes
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
13. Dispute Resolution
13.1 Informal Resolution
Before filing a claim, you agree to try to resolve disputes informally by contacting us at disputes@dominium.co.ke.
13.2 Governing Law
These Terms shall be governed by the laws of Kenya, without regard to its conflict of law provisions.
13.3 Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the rules of the Nairobi Centre for International Arbitration.
13.4 Class Action Waiver
You agree to resolve disputes on an individual basis and waive the right to participate in class actions.
14. Changes to Terms
We may modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the platform after changes constitutes acceptance of the modified terms.
We will notify you of material changes via:
- Email to your registered address
- Notice on the platform
- In-app notification
By using Dominium, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.