1. Agreement Between You and Nyumba.
2. Website Information and Remedies.
Nyumba is a technology platform owned and operated by Viva Group LLC, a subsidiary of Nyumba LLC, LLC. (“Nyumba LLC”). The rental advertisements and related services posted on Nyumba are procured and provided by Nyumba LLC and/or its subsidiaries and affiliates. In some cases, Nyumba LLC provides certain technical support, marketing support, and customer support services to its subsidiaries and affiliates. All references to “Nyumba” include Nyumba LLC and its subsidiaries and affiliates. In the case of any violation of our Agreement, Nyumba LLC and its affiliates (collectively, “Nyumba” or “we,” “our” or “us”), reserve the right to seek all remedies available by law and in equity for such violations, including termination of your use of Nyumba. For the purposes of this Agreement, the term “Website” may, at our option, include any current or future co-branded websites, affiliated websites, private-label websites, and/or other websites in which Nyumba currently participates or may participate in the future with regard to advertising services.
3. Your License to Us.
When you give us or otherwise authorize us to use content, you grant us a limited, non-exclusive, royalty-free, sublicensable irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use the content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.
4. Services and Our License to You.
Consumers searching for a residential rental property (“Renters”) may search Nyumba for available rental properties at no charge.
Subject to the restrictions in the following sentence, Nyumba hereby authorizes you to view, copy, download and print a single copy of the information and data (“Content”) available on Nyumba, provided that: (1) the Content is used solely for personal, noncommercial purposes; (2) the Content is not modified, republished, or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Content. Without limiting the generality of the foregoing, as a Renter, you are only permitted to use Nyumba to search for properties, communicate with advertisers/properties, and utilize other rental-related services offered by us. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of Nyumba.
5. Use of Third-Party Call Servicer.
Our listings contain phone numbers through which you may contact our advertisers. We have an agreement with a third-party provider (the “Call Servicer”) allowing properties listed on Nyumba to be assigned a distinct phone number as part of their listing and to use call measurement and monitoring services, for purposes of quality assurance, customer service and analytics, via the Call Servicer’s telecommunications network.
By using Nyumba to access listings and by contacting Properties via the telephone numbers listed on Nyumba, you consent and give permission to have your voice, identity and call content recorded, monitored, stored and divulged for the purposes described above.
6. Processing Rent Payments.
You agree to indemnify and hold harmless Nyumba, its affiliates and its and their respective employees, representatives, agents and suppliers (“Nyumba Indemnitees”) against any claim, suit, action, or other proceeding brought by anyone, including claims by the properties or Rent Payment Service Provider, in connection with your use of the Online Rent Payment Services, including but not limited to: (i) your use or someone using your computer or your account; (ii) a violation of any agreement between you and the Rent Payment Service Provider or you and the rental property, whether such violation is by you or anyone using your computer; (iii) a claim regarding the amount paid or received using the Online Rent Payment Service; or (iv) a claim regarding the date payment is made or received. You agree to pay any and all costs, damages, and expenses incurred by Nyumba Indemnitees arising out of such claims, suits, actions or other proceedings, including, without limitation, reasonable attorneys’ fees and costs, and awards in connection with (that is, against, or arising from, or otherwise incurred by) any such claim, suit, action, or proceeding attributable to any such claim. Nyumba cannot and will not be liable for any damage or loss arising from your failure to comply with the terms of service of the Rent Payment Service Provider or you following any links to third-party sites.
IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLICABLE TO THE ENTIRE WEBSITE, TO THE EXTENT LEGALLY PERMITTED WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE RENT PAYMENT SERVICES AND THE RENT PAYMENT SERVICE PROVIDER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ONLINE RENT PAYMENT SERVICE IS PROVIDED BY RENT PAYMENT SERVICE PROVIDER AND NOT BY US. WE ARE NOT RESPONSIBLE FOR ANY PART OF THE ONLINE RENT PAYMENT SERVICE AND HEREBY DISCLAIM ANY AND ALL LIABILITY IN THAT REGARD. THE ONLINE RENT PAYMENT SERVICES ARE DESIGNED SUCH THAT NYUMBA DOES NOT RECEIVE THE RENTER’S METHOD OF PAYMENT (WHETHER CREDIT CARD NUMBER, DEBIT CARD NUMBER OR OTHER BANKING DETAILS). BY AGREEING TO USE THE ONLINE RENT PAYMENT SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE ACCESSING THEM AT YOUR SOLE RISK AND YOU HEREBY RELEASE NYUMBA LLC AND ALL ITS AFFILIATES FROM ANY AND ALL LIABILITY RELATING TO THE ONLINE RENT PAYMENT SERVICES.
7. Coupons and Promotional Offers.
Listings appearing on Nyumba may contain coupons or other promotional offers (“Coupons”). You may only redeem Coupons if you are 18 years of age or older. You can only redeem Coupons during the promotional period, while supplies last, and any unredeemed Coupon will not have any cash value. Coupons may only be redeemed for the specific property being advertised and no substitution is permitted. You will be subject to the terms, conditions and restrictions mentioned in the Coupon in addition to these Terms.
Unless otherwise set forth in the Coupon, permitted by the advertising property, or required under applicable law, the following additional restrictions apply: You cannot redeem the Coupon in combination with other discounts, promotions or offers; and you cannot duplicate use, sell or trade a Coupon. The Coupon will be void if you attempt to redeem it in violation of the terms of the Coupon or these Terms.
IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLICABLE TO THE ENTIRE WEBSITE, WE DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY AS TO ANY ADVERTISING PROPERTY OR THE PRODUCTS OR SERVICES THAT IT OFFERS. NYUMBA DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH ANY COUPON. AS BETWEEN NYUMBA AND YOU, YOU AGREE THAT YOU ARE USING THE ADVERTISING PROPERTY’S COUPON AT YOUR SOLE RISK.
8. No Unauthorized Duplication.
Except as otherwise stated herein, none of the Content on the Website or our mobile application may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of Nyumba.
The term “Nyumba” and any other trademarks, trade names, logos and service marks, including Nyumba and Nyumba LLC (collectively, the “Marks”), displayed on Nyumba are the property of Nyumba, Nyumba LLC or other third parties. You are not permitted to copy or otherwise use these Marks without the prior written consent of Nyumba or such other owner.
10. Access and Interference.
Nyumba may contain robot exclusion headers. Much of the information on Nyumba is proprietary or is licensed to Nyumba by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, use, reproduce, modify, create derivative works from, distribute or display any content provided by Nyumba without the prior written consent of Nyumba and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of Nyumba or any activities conducted on Nyumba; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Nyumba.
11. No Unlawful or Prohibited Use.
As a condition of your use of Nyumba, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. You warrant that you will not use Nyumba in any way prohibited by these terms, conditions and notices. In addition, you will not:
o use Nyumba if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from Nyumba;
o distribute or post spam, chain letters, or pyramid schemes;
o distribute viruses or any other technologies that may harm Nyumba or the interests or property of Nyumba users;
o copy, modify, republish or distribute content from the Website or our mobile applications (except as provided herein) or Nyumba’s copyrights and trademarks;
o impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
o provide inaccurate contact information or other information relative to your move;
o harvest or otherwise collect information about users, including email addresses, without their consent;
o transmit to Nyumba or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another’s privacy, hateful, or otherwise objectionable; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
12. Reporting Intellectual Property Infringement.
Nyumba complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to the Website or our mobile applications in a way that constitutes copyright infringement, please provide our copyright agent the following written information:
o An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
o A description of the copyrighted work that you claim has been infringed upon;
o A description of where the material that you claim is infringing is located on the Website;
o Your address, telephone number, and e-mail address;
o A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
o A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to us, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for our copyright agent for notice of claims of copyright infringement is provided below.
Via email to: firstname.lastname@example.org or via mail to:
Attn: General Counsel
14030 Cerise Ave
Hawthorne, CA 90250
13. Real Estate Licensing.
We are licensed as a Real Estate Broker in the whole country because we believe it may be necessary to do so in order to comply with state regulations. While we are licensed in certain states, we do not render legal, brokerage, or other professional advice or services to advertiser clients or users of the Website, and we do not participate in any negotiations with respect to lease transactions. When a renter uses Nyumba's service, we may pay that renter a bonus or some other valuable consideration or allow that renter to enter into promotion(s) then being sponsored by Nyumba.
Notwithstanding the above disclaimer, we are licensed to conduct real estate brokerage activity in the country.
14. Links to Third-Party Websites.
Nyumba may contain links to websites operated by parties other than Nyumba. Such hyperlinks are provided for reference only. Nyumba does not control such websites and is not responsible for their content. Nyumba’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
15. General Disclaimer.
ALTHOUGH NYUMBA HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE WEBSITE AND OUR MOBILE APPLICATIONS, NYUMBA ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. ALL INFORMATION PROVIDED ON NYUMBA IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NYUMBA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
16. Limitation on Liability.
NEITHER NYUMBA, NOR ITS PARENT, AFFILIATES, OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY NYUMBA ADVERTISEMENT, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON NYUMBA, EVEN IF NYUMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Modification of the Website.
Nyumba reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website or mobile applications. Nyumba may discontinue or revise any or all aspects of the Website or mobile applications in its sole discretion and without prior notice. Without limiting the foregoing, Nyumba reserves the right to change the terms, conditions, and notices under which this Website or mobile applications are offered at any time. Unless otherwise provided in our Agreement, all amended terms automatically take effect upon acceptance for new users, or 10 days after they are posted on Nyumba for all other users. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
Because Nyumba is an advertising venue, in the event that you have a dispute with a property/advertiser, you release Nyumba, Nyumba LLC and its affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
20. Nature of Nyumba Services.
Nyumba operates a platform for properties desiring to advertise residential rental properties with available units, and the advertisements on Nyumba are based on information provided by the properties. Accordingly, Nyumba is not responsible in any way for the content in any such advertisements, nor is Nyumba responsible for any actual lease transaction between a potential Renter and a property. Users should visit our Avoid Scams page for renting tips. Nyumba is licensed as a real estate broker in certain U.S. States; however, Nyumba does not render legal, brokerage, or other professional advice or services to its customers (Renters or Properties).
21. Services Not Provided.
Without limiting the generality of the foregoing, you acknowledge and agree as follows:
1. Nyumba does not participate in any actual lease transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on Nyumba an obligation to perform any services other than those expressly undertaken by Nyumba;
2. While Nyumba has broker licenses in certain states, Nyumba does not render legal, brokerage, or other professional advice or services; in the event you desire or need such services, Nyumba strongly advises you to secure the same from an appropriate provider;
3. Nyumba is not undertaking any, and has no, duties to Renters, including, without limitation, the obligation to inspect rental properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen Renters;
4. Nyumba is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Website;
5. Nyumba does not guarantee the accuracy of any information available on Nyumba, and is not responsible for any errors, omissions, or misrepresentations, and all information obtained on this Website must be verified independently;
6. Nyumba may make changes to its products and/or services and this Website or mobile applications at any time and without notifying you or receiving your consent; and
7. While Nyumba complies with applicable state and federal laws, including federal civil rights laws, Nyumba cannot guarantee that its users so comply. Accordingly, Nyumba assumes no liability for Renters’ and/or properties’ failure to comply with such laws.
You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or incurred by us as a result of your default under this Agreement.
Resolution of Disputes.
If a dispute arises between you and Nyumba, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Nyumba agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing.
YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE AS DESCRIBED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING (i) THE RIGHT TO
HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL, and (ii) ANY ABILITY TO ASSERT OR PARTICIPATE
ON A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER
YOU OR WE REQUEST IT. You have the right to opt out of this agreement to arbitrate by sending written notice
Attn: General Counsel
14030 Cerise Ave
Hawthorne, CA 90250
o After we receive notice that you have commenced arbitration, we will reimburse you for your payment of the filing fee up to $300. For claims less than $75,000 that you win in arbitration, we will reimburse you for any fees paid to the arbitration organization and/or arbitrator. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the Rules. Arbitration relating to claims of $75,000 or greater shall be governed by the Rules with regard to payment of fees. If you consider that you are unable to afford any fees that would be yours to pay, you may request that we pay or reimburse them, and we will consider your request in good faith. Notwithstanding the foregoing, either party may bring an individual action in small claims court, if the claim is in that court’s jurisdiction and proceeds on an individual basis. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.
o BY AGREEING TO THIS ARBITRATION PROVISION, EACH PARTY UNDERSTANDS THAT BOTH YOU AND WE ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If these terms relating to class or representative procedures are legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will be inapplicable to that claim, and the claim will instead be handled through litigation in court, rather than by arbitration, on the terms below.
o The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, with the exception of punitive damages to which neither party will be entitled.
o The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
o If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Except as explicitly stated otherwise, notices should be sent to us at the following address:
Attn: General Counsel
14030 Cerise Ave
Hawthorne, CA 90250
We will send notices to the email address you provide to Nyumba either (i) when you complete a property contact form or (ii) when you register with Nyumba. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.