These Terms of Service ("Terms", "Terms of Use") are a legally binding agreement between you, whether personally or on behalf of an entity ("you") and AVANA SPACES LIMITED, doing business as Avana Spaces ("Avana Spaces", "we", "us", or "our"), regarding your access to and use of the https://avanaspaces.com website, mobile applications, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). We are a Kenyan firm with our headquarters in Thika, Kiambu. By using the Platform, you acknowledge that you have read, understood, and agree to be governed by these Terms of Use. If you do not agree to all of these terms of service, you are forbidden from using the site and must immediately stop using it.
Supplemental terms and conditions or documents that may be placed on the Platform from time to time are expressly incorporated by reference herein. We retain the right to update or modify these Terms of Use at any time and for any reason in our sole discretion. Any modifications will be communicated to you by revising the “Last updated”, “Updated at” or “Released on” date of these Terms of Use, and you waive any right to obtain explicit notice of any change. Please review the appropriate Terms each time you use our Platform to ensure that you are aware of which Terms apply. By continuing to use the Platform after the date such amended Terms of Use are posted, you will be subject to, and will be assumed to have been made aware of, and to have accepted, the changes in such revised Terms of Use.
The Platform's information is not intended for distribution to or use by any person or organization in any jurisdiction or country where such distribution or use would be prohibited by law or regulation, or where we would be required to register in such jurisdiction or country. As a result, anyone who access the Platform from other areas do so at their own risk and are entirely responsible for complying with local laws, if and to the extent that local laws apply.
Users must be at least 18 years old in order to utilize the Platform. The Platform is not available to anybody under the age of eighteen.
We are not a real estate firm. We do not hold exclusive rights to the properties listed on out platform. We provide you a software (the “Software”, “Platform”) that you access remotely via the cloud, and/or through our mobile applications that you can use for:
The services provided in this Platform are not intended to be used by any person, entity in any jurisdiction or country where such use will be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local and international laws and guidelines, if and to the extent these laws are applicable.
Unless otherwise stated, the Platform is our property, and all source code, databases, functionality, software, website and mobile designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are either owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unregistered trademarks. The Platform's Content and Marks are provided "AS IS" for your information and personal use only. Without our express prior written permission, no part of the Platform, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
You are granted a limited license to access and use the Platform, as well as to download or print a copy of any portion of the Content to which you have legitimately acquired access, only for your personal, non-commercial use, provided that you are eligible to use the Platform. We reserve all rights in and to the Platform, the Content, and the Marks that are not specifically given to you.
The Platform will require you to create an account. You agree to keep your password and other registration information private, and you accept responsibility for any activities that occur under your account and password. If we find, in our sole discretion, that an authentication credential you choose is improper, vulgar, or otherwise objectionable, we retain the right to delete, reclaim, or replace it.
By using the Platform, you represent and warrant that:
We have the right to suspend or terminate your account and reject any and all current or future use of the Platform if you supply any information that is false, inaccurate, not current, or incomplete (or any portion thereof).
Some of our services may need you to purchase or pay a fee in order to use them. For any transactions made using the Platform, you undertake to provide current, complete, and accurate purchase and account information. You also agree to keep your account and payment information up to date, including your email address, payment method, and card expiration date, so that we can complete your transactions and contact you as required. We charge you for purchases made on the Platform using an online billing account. As required by us, sales tax will be charged to the price of goods. Prices are subject to change without notice. Payments must be made in Kenyan Shillings (KES).
You agree to pay all charges or fees at the then-current pricing for your purchases, and you allow us to charge any such amounts to your selected payment provider when you make your purchase.
We have the right to remedy any price errors or inaccuracies, even if payment has already been requested or accepted. We also have the right to decline any order submitted via the Platform.
All sales are final and non-refundable. Your subscription can be canceled at any time. At the conclusion of the current paid term, your cancellation will take effect.
You may not access or use the Platform for any other reason than the one for which we provide it. The Platform may only be used in connection with commercial ventures that we have explicitly authorized or approved.
As a user of the Platform, you agree not to:
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, such as liking/saving, reporting, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Platform and through third-party websites and platforms affiliated to us such as social media platforms. Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.
By submitting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, transmit, excerpt (in whole or in part). The usage and dissemination can take place in any format and via any media channel.
This license covers our use of your name, business name, and franchise name, as well as any trademarks, service marks, trade names, logos, and personal and commercial pictures you give, in any form, media, or technology now known or later developed. In your Contributions, you relinquish any moral rights and warrant that no moral rights have been claimed in any other way.
We make no claim to ownership of your contributions. You maintain complete ownership of all of your Contributions, as well as any intellectual property or other proprietary rights related with them. We are not responsible for any claims or representations made by you in any part of the Platform in your Contributions. You are entirely responsible for your Contributions to the Platform, and you expressly undertake to hold us harmless and abstain from taking legal action against us in connection with your Contributions.
We have no obligation to monitor your Contributions.
We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
In our sole discretion, we may approve, reject, or delete reviews. Even if someone finds reviews unpleasant or false, we have no responsibility to screen or delete them. We do not endorse reviews, and they do not necessarily reflect our views or those of our affiliates or partners. We accept no responsibility for any review or any claims, obligations, or damages that may arise as a consequence of such review. You offer us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, edit, translate, transmit by any means, display, perform, and/or distribute any material pertaining to reviews by submitting a review.
If you use a mobile application to access the Platform, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license as set forth in these Terms of Use. You shall not:
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform:
You understand and agree that any questions, comments, suggestions, ideas, feedback, or other information you give to us about the Platform ("Submissions") is non-confidential and becomes our exclusive property. We will have exclusive rights to these Submissions, including all intellectual property rights, and will be able to use and distribute them for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby relinquish all moral rights to any such Submissions and warrant that any such Submissions are your original work or that you have the authority to submit them. You agree that you will have no recourse against us if your Submissions are allegedly or really infringed upon or misappropriated.
We reserve the right, but not the obligation, to:
We care about data privacy and security.
Please review our Privacy Policy: https://avanaspaces.com/legal/privacy-policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Platform operates in Kenya. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Kenya, then through your continued use of the Platform, you are transferring your data to Kenya, and you agree to have your data transferred to and processed in Kenya.
While you use the Platform, these conditions of use will remain in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to deny access to and use of the platform to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation, in our sole discretion and without notice or liability. In our sole discretion, we may terminate your usage or participation in the Platform, as well as any content or information you have uploaded, at any time and without notice.
You are banned from registering and creating a new account using your nick name, a fictitious or borrowed identity, or the name of any third party, even if you are operating on behalf of the third party. We reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedy, in addition to cancelling or suspending your account.
We reserve the right, at our sole discretion, to add, update, modify, or remove the Platform's Contents at any time and for any reason. We are not obligated to update any material on our Platform, however. We also have the right to change or cancel the Platform at any time without notice. Any modification, pricing change, suspension, or discontinuance of the Platform will not be accountable to you or any other party.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
These Terms shall be governed by and defined following the laws of Kenya. AVANA SPACES LIMITED and yourself irrevocably consent that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the legal relationship established by this Agreement to the jurisdiction of the Kenya courts. AVANA SPACES LIMITED shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to the Platform and we will assume no liability or responsibility for any:
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase or use of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, shareholders, employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platform. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.