Terms & Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Qwangu (“we”, “us”, or “our”), concerning your access to and use of the qwangu.co.ke website and the Qwangu mobile application (together, the “Services”). By accessing or using the Services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree, you must not use the Services.

We are based in Kenya, and the Services are intended for the Kenyan property market. You must be at least 18 years of age to use the Services.

Table of Contents

1. Our Services

Qwangu is a Kenyan online property platform where owners and agents list vacant houses to let or for sale, and seekers browse listings, compare true costs, and contact owners directly. Our aim is to make house-hunting more honest by surfacing trust signals such as owner-confirmed availability and transparent cost breakdowns. We provide the platform that connects these parties; we do not own, let, sell, manage, inspect, or endorse any of the properties listed.

2. Eligibility & User Representations

By using the Services, you represent and warrant that:

• you are at least 18 years of age;
• you have the legal capacity to agree to these Terms;
• all registration and listing information you submit is true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update it as necessary, including removing listings that are no longer available;
• you will not use the Services for any illegal or unauthorised purpose; and
• your use of the Services will not violate any applicable law or regulation.

3. User Registration & Accounts

You may be required to register to use certain features of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We may verify your phone number using a one-time password (OTP) and, for agents, may offer optional identity verification. You are responsible for all activity that occurs under your account, and you agree to notify us immediately of any unauthorised use.

We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

4. Listings & User Content

If you post a property listing or other content (“User Content”), you are solely responsible for it and for ensuring that:

• the property genuinely exists, is vacant, and is available on the terms advertised;
• you are the owner or an authorised agent with the right to advertise the property;
• all details — including price, location, photos, and true costs — are accurate and not misleading;
• the photos are of the actual property and are not stolen from other listings; and
• you have the right to grant us the licence described below and your content does not infringe any third party’s rights.

By posting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, and distribute that content solely for the purpose of operating and promoting the Services. You retain ownership of your User Content. We may, but are not obliged to, review, moderate, or remove any User Content — including stale, duplicate, or suspected fake listings — at our sole discretion.

5. Our Role as a Platform

Qwangu is a venue that connects property owners and agents with seekers. We are not a party to any agreement, viewing, negotiation, tenancy, or sale that takes place between users. We do not act as an estate agent, broker, escrow, or landlord. While we work to reduce fake and stale listings, we do not guarantee the existence, condition, legality, availability, or pricing of any property, nor the identity, trustworthiness, or conduct of any user.

You are responsible for taking reasonable precautions in all interactions with other users, especially before making any payment, signing any agreement, or sharing sensitive personal or financial information. Never pay a viewing fee or deposit without independently satisfying yourself that the property and the person are genuine.

6. Prohibited Activities

You agree not to, among other things:

• post fake, stale, duplicate, or misleading listings, or advertise properties you have no right to advertise;
• impersonate another person or misrepresent your affiliation with any person or entity;
• defraud, mislead, or harm other users, or solicit payments under false pretences;
• harass, abuse, threaten, or defame other users;
• systematically scrape, harvest, or copy listings, contact details, or other data from the Services;
• upload viruses or malicious code, or otherwise interfere with the security or operation of the Services;
• attempt to gain unauthorised access to any account, system, or data;
• use the Services to send unsolicited marketing (spam); or
• use the Services in any way that violates any applicable Kenyan or other law.

7. Intellectual Property

Unless otherwise indicated, the Services and their content — excluding User Content — including the source code, databases, functionality, software, designs, text, and graphics (the “Marks” and “Content”), are owned or licensed by us and are protected by applicable intellectual property laws. Except as expressly permitted, you may not copy, reproduce, republish, or exploit any part of the Services without our prior written permission.

8. Third-Party Websites & Content

The Services may contain links to third-party websites, as well as content originating from third parties (such as map data from OpenStreetMap or login via Google). We are not responsible for the accuracy, legality, or content of any third-party websites or services, and your use of them is at your own risk and subject to their own terms.

9. Services Management & Termination

We reserve the right, but not the obligation, to monitor the Services for violations of these Terms; to take appropriate legal action against anyone who violates them; to remove or disable any content or listings; and to otherwise manage the Services to protect our rights and property and to facilitate their proper functioning.

We may, in our sole discretion and without notice or liability, suspend or terminate your access to the Services (including removing your listings and account) if you breach these Terms or if we believe your conduct harms other users or the integrity of the platform.

10. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY LISTING OR OTHER CONTENT, OR THE CONDUCT OF ANY USER. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR DEALINGS WITH ANY OTHER USER, INCLUDING ANY PROPERTY VIEWING, TENANCY, SALE, OR PAYMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OPERATORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable Kenyan law.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including our operators, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Services, your User Content, your breach of these Terms, or your violation of the rights of a third party.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict-of-law principles. You agree that the courts of Kenya shall have jurisdiction to resolve any dispute arising out of or in connection with these Terms or the Services. Before resorting to formal proceedings, we encourage you to contact us first so that we can try to resolve the matter informally.

14. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by an updated “Last updated” date at the top of these Terms. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. We encourage you to review these Terms regularly.

15. Contact Us

In order to resolve a complaint regarding the Services or to receive further information about using them, please contact us at qwanguke@gmail.com or through our contact page.