Terms & Conditions

Introduction

Welcome to the Bomayangu Website (the "Site") a site to facilitate access to the Affordable Housing Program’s services. These terms and conditions ("Terms and Conditions") govern your access and use of this Site and the content and services offered to you through this Site including any authorised link to this Site. Access to and/or use of the “Site” is subject to the following terms and conditions as well as all Applicable laws.

Acceptance of Terms and Conditions

In order to access any of the Services you will be required to accept these terms and conditions. You will be deemed to have accepted these terms by:

  1. Viewing, accessing or using content on the Site which does not require registration; or
  2. Completing our online registration process when prompted to and confirming that you have read and accepted these terms.

By accessing and using the Bomayangu Website, you accept and agree to the Terms and Conditions without limitation or qualification and that you have consented to us sharing certain of your personal information within the Bomayangu website and its partners in the ordinary course of our business of providing the Services to you. You agree that you will not intentionally provide false information, falsify, forge, or otherwise tamper with any information, emails or SMS when accessing or using the Site. These conditions, as varied from time to, time constitute the Agreement between the User, and the State Department of Housing and Urban Development (SDHUD)with respect to the Site. The Bomayangu Services shall be subject to terms and conditions governing the use of third party platforms and services.You agree that you are solely responsible for (and thatSDHUD has no responsibility to you or to any third party for) any breach of your obligations under these terms and for the consequences of any such breach.

SDHUD reserves the right to vary the terms and conditions of this Agreement at any time by placing the revised terms and conditions on its websitewww.bomayangu.go.keand you will be deemed to have been bound by such variation by continuing to use the Services. You should periodically check the websitewww.bomayangu.go.keto make yourself aware of any variations.

General

In these terms and conditions, the following terms will have the following meanings:-
bomayangu Services or Services” refers to licences, registrations, permits, certificates, authorisations, accreditations, exemptions, utility bills and any other services that are offered in the Site.
Contributions” means the contributions paid by you to bomayangu through the Site for the provision of the Services as published on our website from time to time.
Government” refers to the Government of the Republic of Kenya.
SDHUD” refers to the State Department of Housing and Urban Development
Service Provider” means the Company, Agency, institution and or department providing the services to and for the Bomayangu website and portal.
Partners” means third party partners engaged by SDHUD to facilitate provision of the Services.
The Site” refers to the whole of the Site in which the Affordable Housing Program’s Website services are offered.
We” “Us” “Our” refers to SDHUD as the context so requires.
User” refers to the person who accesses and or uses the Site.
You” “Your” refers to the User

Use of Material

Access to and use of the Bomayangu Website is subject to all applicable international, local laws and regulations. The contents of the Site, including but not limited to text, artwork, names, logos, trademarks, service marks, software, video, music, sound, photographs, graphics, illustrations and other material ("Material") are protected by the Applicable copyright laws. You may only access and use the Site, or any of the information or Materials provided on the Site in a lawful manner. You may not sell or modify the Material or reproduce, licence, display, distribute, use, reuse, create derivative works of any of the contents or material displayed or otherwise use the Material in any way for any non-private, public or commercial purpose without our written consent or any third party BomayanguWebsite deems necessary. You may not access or use the Site in any way that could or is intended to damage or impair the Site or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.

We reserve the right to modify thisSite T&Cs as required. If thisSite T&Cs are modified, we will post a clear, easily accessible modification notification on the Site. If you continue using the Site, you will be bound by any or all modifications made to it.

SDHUD shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

This Site and its components may be offered for government services, informational purposes, financial transactions and any other relevant service.

User conduct

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur access and or use, including the content received made through the Site. By way of example, and not as a limitation, you agree not to: Create a false identity for the purpose of misleading others or otherwise, transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, spyware or any other harmful or deleterious programs. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means. SDHUDhas no obligation to monitor the Site or any member's use thereof or retain the content of any member’s session. However, SDHUD reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any Applicable law, regulation, legal process or governmental request.

Eligibility of users

To use the Services onthe Bomayangu Website, you mustbe an individual who can enter into legally binding contracts under Applicable law or a corporation, trust, association of persons or firm. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the Terms and Conditions to access, use and avail of the Site. If you are not Kenyan, you may access, use and avail of Bomayangu Website Services only to the extent that the laws of Kenya and those of your country permit you to do so. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify SDHUD and/or its Service Partner(s) against any liability incurred by them in this regard.

Use of your Information and Privacy

You hereby agree that we may collect, use and store your personal information; we shall not disclose, for commercial gain or otherwise, use the personal information other than as set out in these terms and conditions. We may disclose the information to our Partners or other third Parties contracted to provide the Services, including for example, Site hosting and development, financial services, delivery services, and other support services. The Partners and such other third parties require access to Users' personal information to perform their functions and not for any other purposes and we will take all reasonable steps to ensure the confidentiality and non-disclosure of your personal information. We may also disclose your personal information to governmental agencies, and other regulatory or self-regulatory bodies if we are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process; protect and defend the rights, property or safety of SDHUD and its Partners or their customers; prevent or deal with fraud or the abuse, misuse or unauthorized use of the Site; and/or protect the rights, property or safety of members of the public (if a user provides false or deceptive information about him/herself or misrepresents him/herself as being someone else, we will proactively disclose such information to the appropriateregulatory bodies and commercial entities). We will take all reasonable steps to use or disclose users' personal information only in the manner stated in the Terms and Conditions.

Save as provided hereunder, SDHUD does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.

Registration Reference Number, User ID and Password

It is your responsibility to keep your credentials secure. You agree to not disclose your Registration Reference Number, ID or Password/PIN to any other person, including family members; and to take reasonable care when accessing the service to ensure that your Registration Reference Number, ID and password is not disclosed to any other person.

You acknowledge that you shall be solely responsible for the security of your Password/ PIN. SDHUD shall not be liable for any disclosure of your Password/PIN to any third party and you hereby agree to hold SDHUD harmless from any losses that result from any Password/PIN disclosure.

You are responsible for all instructions given by SDHUD in relation to payment towards your Contributions. It is your responsibility to ensure you provide accurate information when making payment towards your Contributions on the website.

Any transaction or activity pursuant to use of your password shall be deemed to be your transaction or activity and SDHUD shall have no obligation to verify the authenticity of any such transaction or activity.

Charges

You may be charged by your internet service provider for accessing the Site on your computer, mobile phone, tablet or other such devices. These may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills then we assume that you have the permission from the person that does before incurring any of these charges.

You will not be charged a fee for registering for the Services provided on the Site. There may be fees charged for paying in your Contributions these will be as set out as per the third party service provider providing the payment services gateway. In no event shall we, our affiliates, and the officers, directors, agents, employees, be liable for any special, incidental or consequential damages arising out of or in connection with our website, the payment services, or this agreement (however arising, including negligence)

Taxes

Where taxes are imposed by Kenya Revenue Authority on services in this agreement, you shall pay additional amount to cater for the tax due.

Payment of Services

The user expressly authorizes SDHUD to access his/her personal information required for offering the services and also to share the information regarding his/ her credentials with the service provider/ third party as may be required to provide the services.

The transactional details will be recorded by the Provider and these records will be regarded as conclusive proof of the authenticity and accuracy of transactions. The User hereby authorizes the Provider or its agents to send promotional messages including the products of the Provider, greetings or any other messages the Provider may consider from time to time. The User understands that the Provider may send "rejection" or "cannot process the request" messages for the service request(s) sent by the User which could not be executed for any reason.

It is the responsibility of the user to provide correct information to the Service Provider through the use of the Site or any other method. In case of any discrepancy in this information, the user understands that SDHUD and the Service Provider will not be in any way responsible for action taken based on the information. The Service Provider will endeavour to correct the error promptly wherever possible on a best effort basis, if the user reports such error in information.

The user understands that SDHUD and the Service Provider will try, to the best of its ability and effort, to provide accurate information and shall not hold either SDHUD or the Service Provider responsible for any errors or omissions that may occur due to reasons beyond their control.

The User shall be liable and responsible for all legal compliance and adherence of all commercial terms and conditions in respect of the service one is processing. SDHUD and the Service Provider do not accept/ acknowledge any responsibility in this regard.

SDHUD shall make all reasonable efforts to ensure that the user’s information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential user information for reasons beyond its control or by action of any third party.

SDHUD reserves the right to decide what services may be offered. Additions/ deletions to the services offered at its sole discretion.

In case of a complaint/query contact our customer care. Our goal is to address your concerns to your satisfaction. Complaints regarding the Services may be reported to Customer Care through our Call Centre numbers that is provided on this website.

Responsibilities and obligations of the User

The User will be responsible for all transactions, including unauthorized/erroneous/wrong/ incorrect/mistaken/false transactions made through the use of his/ her mobile phone, SIM card and MPIN, regardless of whether such transactions are in fact entered into or authorized by him/ her. The User will be responsible for the loss/damage, if any suffered in respect of all such transactions.

The User shall be liable for all loss or breach of the Terms and Conditions contained herein or contributed or caused by negligent actions or a failure to advise SDHUD and the Service Provider within a reasonable time about any unauthorized transaction.

Digital Payments

Through the Site, SDHUD shall endeavour to provide inclusive digital payments modes to its citizens via all viable payment methods and channels. This will be availed via all banks, mobile payment platforms as well as payments from other financial services providers where citizens hold funds. The use of the Services is subject to a convenience fee that will be displayed forehand on the site and may vary and subject to change from service to service on a per transaction basis. You are responsible for ensuring that payments are made using the payment platforms as defined in these Terms and Conditions. You are responsible for correctly entering all information requested.

Refund Policy

In the event that your payment to Contributions was charged to our payment platform in error, the Service Provider will honour your request to refund the original transaction and refund your payment in full, as long as the request is made within ninety days from the transaction processing date. The period of ninety days will begin from the transaction processing date. Be aware that debit and credit card refunds can take anywhere from 3-10 days to reflect on your payment card account. We reserve the right to revise this policy at any time.

Identity Authentication

You authorize SDHUD, directly, through third parties or otherwise to make any necessary inquiries to validate your identity when making payment of services. This may include asking you for further information, requiring you to provide additional information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your phone number or financial instruments or verifying your Information against third party databases or through other sources. SDHUD reserves the right to close, suspend, or limit access to your account and/or Bomayangu Services in the event we are unable to obtain or verify this Information.

Minimum system requirements

The Site will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.

Intellectual Property Rights

The material and content accessible from the Site, and any other Site owned, operated, licensed, or controlled by SDHUD or its Partners as well as all trademarks, service marks, and logos displayed in the Site (collectively, “Materials”) is the proprietary information and valuable intellectual property of SDHUD, its Partner or the party that provided the Materials to SDHUD or its Partner. SDHUD and/or its Partner retains all right, title, and interest in the Materials.

Modification or use of the content except as expressly provided in these Terms and Conditions violates SDHUD and/or its Partners intellectual property rights and you may be in breach of statutory or common law rights which could be the subject of legal action. Neither license, right, title nor intellectual property rights are transferred or granted to you by access to the Site. All content included on the Site, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of SDHUD and/or its Partners or its content suppliers and is protected by Applicable copyright and trademark laws. SDHUD disclaims all liability which may arise from any unauthorized reproduction or use of the contents of the Site.

Service availability

It is impossible for SDHUD to ensure that the services are provided to you at all times or at any specific times or will be able to operate at all times error-free. After hours provision of services are influenced by availability of related computer systems. SDHUD makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the Site’s home page.

No Warranties

You expressly agree that use of the Site or any Materials contained therein is at your own risk. The materials and information in the Site, including but not limited to services, products, information, data, text, graphics, links or other items, are provided by SDHUD and/ or its Partner on an "as is" and "as available" basis. References to material and information contained in the Site include such material and information provided by third parties.

SDHUD does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement of proprietary or third party rights, merchantability, usefulness, operation, completeness, timeliness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Site, the material, information and/or functions therein and we expressly disclaim liability for errors and omissions in such materials, information and/or functions, planned maintenance or rectification work, or your equipment may interfere adversely with the quality and provision of the Services. We therefore do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications on the website or the quality of the materials received.Without derogation of the above and/or the terms and conditions of the Applicable agreements governing all third party platforms and services, reasonable measures will be taken by us to ensure the accuracy and validity of all information relating to the Services. SDHUD and/or its Service Partner may periodically add, change, or improve any of the information, products, services, programs, and technology described on the Site without notice.

Further, SDHUD does not warrant or represent that access to the whole or part(s) of this Site, Services,materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein is done at your own discretion and risk. If your use of the Site or the Material results in the damage and need for servicing or replacing equipment or data, SDHUD shall not be responsible for those costs and you will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third party material.

You accept and recognise that the internet is not a secure environment and as such messages, pictures, video clips and other communications may be intercepted or accessed by those other than the intended recipient, manipulated, distorted, adapted, modified, stored or forwarded by others to you which may give unauthorised persons access to information stored on your PC or mobile device or may cause damage to your PC or mobile device. SDHUD accepts no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third party links. You will be required to take reasonable precautions while accessing websites, sending or receiving information using the Services.

SDHUD is an independent contractor for purposes of payment of services. SDHUD does not have control of, or liability for, the products or services that are paid for under Manage YourBills tab.

In no event shall SDHUD and/or its Partner or their directors, employees, licensors, agents, suppliers or service providers be liable to you or any other third party for any loss or damages whatsoever arising whether in tort, contract, negligence or any other.

Links to Third Party Site

We may provide links to Third Party Sites. Such links do not necessarily imply any endorsement, agreement with, or support for, the information on or content of those Third Party Sites. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of the Bomayangu Website with the operators of such Site or resources. Your connection to and use of any such linked Site is at your own risk. We do not control the information or content on those Third Party Sites and neither we nor our Partners makes any warranties in respect of the content of these Sites nor will be responsible or liable in any manner whatsoever, for your access, or inability to access, such Third Party Sites, or for any information or content, products or services made available on or through such Third Party Site, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Sites through a link on the Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party Sites and access to any such third party Sites is entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

Indemnity

You hereby irrevocably agree to defend, indemnify, and hold harmless SDHUD and its Partners, their officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against SDHUD and/ or its Partners in connection with your use of this Site. We shall promptly notify you of any such claim, proceeding or suit, and you shall be responsible for its defence at your expense. SDHUD and/or its Partner may participate in the defence of such claim or defence but is not obligated to do so.

Force Majeure

We shall not be responsible for any failure to perform, quality and availability of Services due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s performance.

Severability, Non-Waiver and Entire Agreement

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided, these terms and conditions constitute the entire Agreement between you and us with respect to the use of the Site.

Assignment

You shall not assign these terms and conditions to a third party. Any unauthorized assignmentor attempt to assign will automatically terminate this Service. SDHUD may assign these terms and conditions in whole or part to any third party at its discretion.

Suspension and Termination of access

SDHUD reserves the right to terminate and/or suspend your access to the Site and/or your use of the Site at any time, for any reason. In particular, and without limitation, we may terminate and/or suspend your access should you violate any of these terms and conditions, if suspicious activities are observed or detected on your transactions; If your respective payment accounts are involved or suspected to be involved in fraudulent or criminal activities, or violate the rights of SDHUD, its Partner or, of any other User, or of any third party.We may attempt to notify you in advance, but we are not obliged to do so.

How disputes will be resolved

Subject to the relevant service terms, all disputes arising as a result of your use of this Site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will upon written request of either party be addressed by senior representatives of both parties. The representatives will negotiate in good faith in an effort to resolve the dispute on amicable terms. No formal proceedings may be commenced until the designated representatives conclude in good faith that an amicable resolution of the matter is unlikely to occur. Should the representatives be unable to resolve a dispute amicably such dispute shall be submitted to Arbitration. That arbitrator shall be appointed by the Parties and failing agreement shall be nominated by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Chapter) or the National Centre for International Arbitration. The arbitration shall be held in Nairobi. The arbitration shall be held in accordance with the Arbitration Act, 1995 and all other amendments thereon. However should the parties fail to settle the dispute through arbitration as stipulated above, such dispute will be submitted to and decided by a court of competent jurisdiction.

Governing Law and Jurisdiction

These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing this Site and/or using the Services provided herein you hereby consent to the exclusive jurisdiction of the Kenyan Laws in all disputes arising out of or relating to the use of this Site.