Welcome To Rent Hero

TERMS AND CONDITIONS

Thanks for using our Services.

Rent Hero provides property rental collection and management software which is accessible via any internet connected device.

If use any of our Services You agree to comply with and be bound by these Terms. These Terms are binding on any use of the Service and apply to You from the time that Rent Hero provides You with access to the Service.

These Terms are not intended to answer every question or address every issue raised by the use of the Service. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Rent Hero reserves the right to change these Terms at any time and you are bound by such changes.

  1. DEFINITIONS
  2. “Data” means any data input or imported by You or with Your authority into the MobileApp/Website/Mobile App.

    “Intellectual Property Rights” means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, moral rights, know-how and any other intellectual or industrial property rights, anywhere in the world.

    “Invited User” means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.

    “Service” means the online business software services made available (as may be changed or updated from time to time by Rent Hero) via the MobileApp/Website or the apps.

    “Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

    “service Fee”means the monthly or annual service fee (excluding any taxes and duties) payable by You in accordance with the pricing set out on the App/MobileApp/Website (which Rent Hero may change from time to time).

    “Terms” means the Terms and Conditions of Use herein.

    “The Company” means Pay Hero Kenya LTD which expression shall where the context so admits include its successors in title and assigns.

    “MobileApp/Website” means any of the images, written material, databases, software or other material available at any MobileApp/Website owned or operated by Rent Hero. This includes any mobile apps available on the Apple App Store, Google Play Store or Windows Phone Marketplace which is owned or operated by Rent Hero.

    “You” means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

  3. CONDITIONS CONSTITUTING AGREEMENT
  4. These Conditions as varied from time to time constitute the Agreement between You and the Company with regard to usage of Rent Hero platform.

    1. Privacy Policy and Data Security
    2. Your privacy is important to us. Our Privacy Policy forms part of these Terms.

      If You provide Rent Hero with personal information about someone else, you must ensure that you are authorized to disclose that personal information to Rent Hero in accordance with applicable data protection or privacy laws.

    3. Access Conditions
    4. Rent Hero grants You the right to access and use the MobileApp/Website and Services with the user roles according to your service. This right is non-exclusive and non-transferable and is limited by and subject to this agreement. You must only use the MobileApp/Website and Services for your own lawful internal business purposes.

      You will ensure that all usernames and passwords required to access the MobileApp/Website are kept secure and confidential. You will immediately notify Rent Hero of any unauthorized use of your passwords or any other breach of security and Rent Hero will reset your password.

    5. When accessing and using the MobileApp/Website You must:
      1. not attempt to undermine the security or integrity of Rent Hero computing systems or networks or the MobileApp/Website;
      2. not use, or misuse, the MobileApp/Website in any way which may impair the functionality of the MobileApp/Website or Services, or impair the ability of any other user to use the MobileApp/Website or Services;
      3. not attempt to gain unauthorized access to the computer system on which the MobileApp/Website is hosted or to any materials other than those to which you have been given express permission to access;
      4. not transmit or input into the MobileApp/Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use);
      5. not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services, MobileApp/Website or any software applications included in the MobileApp/Website, as part of the MobileApp/Website, and for the purposes made available on the MobileApp/Website only;
      6. only access the MobileApp/Website manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is forbidden;
      7. not attempt to build a copy of our data.
    6. Intellectual Property Rights
    7. All Intellectual Property Rights in all the material which comprises the MobileApp/Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Rent Hero. All rights are reserved.

      You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of Rent Hero and the MobileApp/Website shall remain with Rent Hero.

      If you submit any content to any public area of Rent Hero, including blogs, message boards, and forums, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction. In the event that you do submit such material to the MobileApp/Website, Rent Hero reserves the right to remove it without reference to you and co-operate with any investigation by the authorities or court order relating to it, any and all consequences that may directly or indirectly follow will be entirely your responsibility not the responsibility of Rent Hero. You agree to indemnify and hold Rent Hero harmless from any action or consequences that may arise in such circumstances, including any claims by third parties.

      By submitting content to any public area of Rent Hero, including blogs, message boards, and forums, You grant Rent Hero a royalty- free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

      By submitting content You warrant that You are entitled to and have all necessary Intellectual Property Rights over that content.

    8. Trademark Notice
    9. www.renthero.co.ke, Rent Hero and the Rent Hero logo are trademarks of Rent Hero

    10. Third Party MobileApp/Websites, Goods and Services
    11. Rent Hero provides content from and links to third party MobileApp/Websites that are not affiliated with or endorsed by Rent Hero (although Rent Hero branding, advertisements or links may appear on these MobileApp/Websites) and Rent Hero may send e-mail messages to You containing advertisements or promotions including links to third parti es. Rent Hero has no responsibility for the content of a linked MobileApp/Website and makes no representation as to the quality, suitability, functionality or legality of any third party MobileApp/Websites which we link to, or to any goods and services available from such MobileApp/Websites.

      All matters concerning goods and services that you purchase from a third party MobileApp/Website including all contract terms are solely between You and the owner of that MobileApp/Website. Rent Hero will not be liable for any costs or damages to You or any third party arising directly or indirectly out of any third party MobileApp/Website. You hereby waive any claim You might have against Rent Hero with respect to any such MobileApp/Websites.

    12. Disclaimer of Warranties
    13. You acknowledge that:

      1. You are authorized to access and use the MobileApp/Website;
      2. If You are using the MobileApp/Website on behalf of or for the benefit of any organization, then Rent Hero will assume that You have the right to do so. The organization will be liable for your actions including any breach of these Terms;
      3. You warrant that where You have registered to use the MobileApp/Website on behalf of another person You have the authority to agree to these terms on behalf of that person and agree that by registering to use the MobileApp/Website You bind the person on whose behalf you act to the performance of any and all obligations that You become subject to by virtue of these terms without limiting your own personal obligations under these terms;
      4. The provision of, access to, and use of, the MobileApp/Website is on an “as is, where is” basis and at your own risk;
      5. Rent Hero does not guarantee the availability of the MobileApp/Website or services offered on the MobileApp/Website and does not warrant that the use of the MobileApp/Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the MobileApp/Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the MobileApp/Website. Rent Hero is not in any way responsible for any such interference that prevents your access or use of the MobileApp/Website.
      6. It is your sole responsibility to determine that the MobileApp/Website meets the needs of your business.
      7. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software and the MobileApp/Website will comply with laws applicable to you (including any laws requiring you to retain records).
      8. Rent Hero reserves the right to revise, change, modify, delete or suspend the content of any part of the MobileApp/Website and/or any of the services it provides on the MobileApp/Website without notice at any time in its sole discretion.
      9. Rent Hero gives no warranty about the MobileApp/Website including as to its accuracy, adequacy or completeness. Without limiting the foregoing, Rent Hero does not warrant that the MobileApp/Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.

        You warrant and represent that You are acquiring the right to access and use the MobileApp/Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the MobileApp/Website or these Terms.

    14. Application Performance
    15. Rent Hero denies all liability for the timely operation of the MobileApp/Website when used within an Internet environment, where You or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.

      By accepting these Terms You confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Rent Hero. You accept that Rent Hero is not liable for the perceived slow operation of the MobileApp/Website.

    16. services
    17. Rent Hero charges service fees for SMS(at ksh 1.8 per single standard SMS) and payments processing fees which may in time change. The said fee should be topped up in your service wallet regularly, Rent Hero is entitled to restrict or suspend an account until payment is made. The service fee may increase or reduce depending on number of units and total amount to be paid per service.

    18. Termination Remedies
    19. Rent Hero is entitled to restrict, suspend or terminate your service or deny You access to the MobileApp/Website without notice in its sole discretion.

      Rent Hero shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Rent Hero in its sole discretion considers reasonably necessary or appropriate.

    20. Indemnity
    21. You indemnify Rent Hero against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation You may have to Rent Hero, including but not limited to any costs relating to the recovery of any service Fee that have not been paid by You.

      Your use of any information or materials on this MobileApp/Website is entirely at your own risk, for which Rent Hero shall not be liable. It shall be your responsibility to ensure that the MobileApp/Website, its products, services and information, meet your specific requirements.

    22. Data Ownership
    23. Ownership of the Data belongs to the Subscriber.

      You will indemnify Rent Hero against any claims or loss relating to:

      1. Rent Hero’s refusal to provide any person access to Your information or Data in accordance to these Terms,
      2. Rent Hero’ making available information or Data to any person with your authorization

      Access to the Data is contingent on full payment of the service Fee when due. You grant Rent Hero a licence to use, copy, transmit, store and back up Data for the purposes of enabling You to access and use the MobileApp/Website and for any other purpose related to the provision of any services to You.

      You must maintain copies of all Data inputted into the MobileApp/Website. Rent Hero adheres to its best practice, policies and procedures to prevent data loss, including a daily system data back-up regime but does not make any guarantees that there will be no loss of Data. Rent Hero expressly excludes liability for any loss of Data no matter how caused.

      If You enable third-party applications for use in conjunction with the MobileApp/Website, You acknowledge that Rent Hero may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the MobileApp/Website. Rent Hero shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.

    24. Limitation of Liability
    25. To the maximum extent permitted by law, Rent Hero excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss, but not limited to, of information, Data, profits, savings, business or business opportunities, or goodwill) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or MobileApp/Website even if Rent Hero is advised of the possibility of such loss or damage.

      If any loss is caused by You or by a third party given a right of access to the MobileApp/Website by You, Rent Hero shall have no liability for that loss.

      If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms.

    26. Support
    27. Rent Hero aims to respond to all software support queries within 48 hours of them being raised but does not warrant that this will be the case.

      Support is not intended to deal with any questions relating to accountancy, taxation or company law. Our support agents will only help You learn how to use our Services.

      The support service is intended to provide timely, informal help and as such any reliance placed upon it is at Your risk. Any opinions or statements made by a support agent should be checked with a relevant professional. To the fullest extent permissible by law Rent Hero does not accept any responsibility for the opinions or statements expressed by its support agents. Without this limitation of liability, we would not be able to provide this service.

      You agree that Rent Hero employees will from time to time be required to access Your Data for legitimate business purposes, such as to assist You with a support query or to investigate or resolve an issue raised by You.

      You agree that Rent Hero employees will from time to time be required to access Your Data for legitimate business purposes, such as to assist You with a support query or to investigate or resolve an issue raised by You.

    28. Force Majeure
    29. Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

    30. Survival
    31. Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, You agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.

    32. Absence of Waiver
    33. Any failure or delay by Rent Hero to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of its rights.

    34. Right to Assign
    35. Rent Hero may assign its rights and obligations under these Terms and upon such assignment Rent Hero shall be relieved of any further obligation under these Terms. You may not assign or transfer any rights or obligations to any other person without Rent Hero’ prior written consent.

    36. Entire Agreement
    37. These Terms and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Rent Hero.

    38. Confidentiality
    39. Unless the relevant party has the prior written consent of the other or unless required to do so by law each party will preserve the confidentiality of all confidential information of the other obtained in connection with these Terms. Neither party will, without prior consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

    40. Rights of Third Parties
    41. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

    42. Notices
    43. Any notice given under these Terms by either party to the other must be by email and will be deemed to have been given on transmission. Notices to Rent Hero must be sent to [email protected] [email protected] or to any other email address notified by email to You by Rent Hero. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

    44. Governing Law and Jurisdiction

      The laws of Kenya govern these Terms. By accessing the MobileApp/Website you consent to these Terms and to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of such access.