Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using omohhomes.com website (“website”, “service”) operated by OMOH Homes Limited (“us”, ‘we”, “our”).

1. Conditions of use

By using this website, you certify that you have read and reviewed this terms and conditions and that you agree to comply with its terms. If you do not want to be bound by the terms and conditions, you are advised to stop using the website accordingly. OMOH Homes Limited only grants use and access of this website, its products, and its services to those who have accepted its terms.

2. Agreement

By completing and signing the prescribed Application form the Customer shall be deemed to have accepted to be bound by these Terms and Conditions in addition to other terms and conditions which govern the opening, closing and general operations at OMOH Homes Limited.

3. Privacy policy

Before you continue using our website, we advise you to read our privacy policy (the link to private policy) regarding our user data collection. It will help you better understand our practices.

4. Capacity

You must be at least 18 (eighteen) years of age and of sound mind before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this terms and conditions. OMOH Homes Limited assumes no responsibility for liabilities related to age misrepresentation.

5. Intellectual property rights

You agree that all materials, products, and services provided on this website are the property of OMOH Homes, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute OMOH Homes Limited intellectual
property in any way, including electronic, digital, or new trademark registrations. You grant OMOH Homes Limited a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

6. User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

7. Applicable law

By using this website, you are bound by the laws of Kenya without regard to principles of conflict laws. The laws of Kenya will also govern these terms and conditions, or any dispute of any sort that might come between OMOH Homes Limited and you, or its business partners and associates.

8. Disputes

The terms and conditions herein shall be governed by and construed in accordance with the Governing Laws of Kenya. Any dispute or claim arising out of or in relation to this terms and conditions or the interpretation, making, performance, breach or termination thereof, shall be resolved by amicable negotiations of both Parties within sixty days. After sixty days, provided that the dispute still remains unresolved, then both Parties shall be entitled to refer to and finally resolved by arbitration in accordance with the Arbitration Act (No. 4 of 1995) Laws of Kenya as variously amended with the seat of Arbitration being the Kenyan chapter.

9. Indemnification

You agree to indemnify OMOH Homes Limited and its affiliates and hold OMOH Homes Limited harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

10.Limitation on liability

OMOH Homes Limited shall not be liable for any damages that may occur to you as a result of your misuse of our website. OMOH Homes Limited reserves the right to edit, modify, and change this terms and conditions at any time. We shall let our users know of these changes through electronic mail. These terms and conditions are an understanding between OMOH Homes Limited and the user, and this supersedes and replaces all prior terms and conditions regarding the use of this website.

11.Severability

If any terms and conditions are found to be unenforceable or contrary to the laws of Kenya, they will be modified to the least extent necessary to make them enforceable, and the remaining portions of the terms and conditions will remain in full force and effect.

12.Force Majeure

Neither party will be held responsible for any delay or failure in performance of any part of this terms and conditions to the extent that such delay is caused by events or circumstances beyond the delayed party’s reasonable control.

13.No Waiver

The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This terms and conditions may be modified only by a written instrument executed by authorized representatives of the parties hereto.

14.Governing Law

These Terms and conditions shall be governed by and shall be construed according to the Laws of Kenya. OMOH Homes Limited and Customer hereby submit to the non-exclusive jurisdiction of the Courts of Kenya and OMOH Homes Limited shall be at liberty to enforce a judgment anywhere in any jurisdiction where the Customer carries on business or has property situate.

15.Disclaimer

Though all efforts have been made to ensure the accuracy and currency of the content on this website, the same should not be interpreted as a statement of law or used for any legal purposes. In case of any ambiguity or doubts, users are advised to verify/check with OMOH Homes Limited and/or other statutory source(s), and to obtain appropriate professional advice.

16.Third Party Links or Hyperlinks

The information posted on this website may include hyperlinks or pointers to information created and Maintained by Non-Government/Private organizations. Different State Corporations are providing these links and pointers solely for your information and convenience. When you select a link to an external website, you are leaving OMOH Homes Limited website and you are subject to the privacy and security policies of the owners/sponsors of the outside website. OMOH Homes Limited does always not guarantee the availability or absence of such linked pages.

17.Indemnification

You hereby agree to fully indemnify OMOH Homes Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.

18.Entire terms and conditions

This terms and conditions together with any attachments referred to herein constitute the terms and conditions between the parties with respect to its subject matter, and supersedes all prior terms and conditions, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to subscribe to the terms and conditions by any representations or promises not specifically stated herein. IN WITNESS WHEREOF, the parties have executed this terms and conditions by their duly authorized representatives.