Last Updated: January 2023
Overview
Welcome to WAJA Group, your premier destination for finding, listing, and exploring real estate properties. Our platform connects buyers, sellers, renters, and real estate professionals, facilitating seamless real estate transactions. By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions.
Acceptance of Terms
These Terms and Conditions (“Terms”) govern your use of WAJA Group (the “Website”). By accessing or using any part of the Website, you accept and agree to be bound by these Terms, which may be updated by us from time to time without notice to you. If you do not agree to these Terms, you must immediately cease using the Website.
User Obligations and Responsibilities
Eligibility: By using the Website, you represent and warrant that you are at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms. If you are using the Website on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
Fees and Payments
Certain features of the Website may be subject to fees (“Property Feature Fees”). These fees are described on the Website and are subject to change at our discretion. By using these features, you agree to pay all applicable Service Fees.
Payment Terms
Billing: You will be billed to set properties as featured or as otherwise specified by WAJA Group.
In the event that a physical inspection of any property is required, a fee of UGX 100,000 will apply.
Additional Charges by Partners: WAJA Group may partner with other real estate brokers, agencies, or service providers who may impose charges beyond our standard fees, including but not limited to inspection or administrative costs. Users are responsible for these charges and will be informed of them in advance. It is the user’s responsibility to understand and agree to these costs before proceeding with any services.
Payment Methods: We accept various payment methods, including credit/debit cards and electronic transfers. By providing a payment method, you authorize us to charge all fees incurred through your Account to the designated payment method.
Invoice Disputes: If you believe there is an error on your bill, you must contact us within 30 days of the invoice date. We will review and address the dispute promptly.
Refund Policy: Property Feature Fees are non-refundable, except as required by law or if the property has not been featured for more than 24 hours. If you believe you are entitled to a refund, please contact our customer support team for assistance.
Limitation of Liability
The Website and all content, features, and services provided on the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. WAJA Group disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
WAJA Group does not warrant that:
- The Website will meet your specific requirements.
- The Website will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Website will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
- Any errors in the Website will be corrected.
Limitation of Damages: In no event shall WAJA Group, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website.
- Any conduct or content of any third party on the Website.
- Any content obtained from the Website.
- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Maximum liability: The maximum liability of WAJA Group to you for any claim arising out of or in connection with these Terms or the Website will be the amount paid by you, if any, to WAJA Group for use of the Website during the 12 months immediately preceding the event giving rise to such liability.
Indemnification
User Agreement
You agree to indemnify, defend, and hold harmless WAJA Group, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or are related to:
- Your use or misuse of the Website.
- Your violation of these Terms or any applicable laws, regulations, or third-party rights.
- Any content you submit, post, transmit, or make available through the Website.
- Your violation of any rights of any other person or entity.
Right to Defense: WAJA Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WAJA Group in asserting any available defenses.
Notification of Claims: You agree to promptly notify WAJA Group of any third-party claims arising out of or in connection with your use of the Website and to provide reasonable assistance to WAJA Group in the defense of such claims, at your expense.
Dispute Resolution
Governing law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Uganda, without regard to its conflict of law provisions.
Arbitration Clause: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the [Arbitration Rules] of [Arbitration Institution]. The seat of arbitration shall be [City, Country], and the language of the arbitration shall be [Language]. The arbitral tribunal shall consist of [number] arbitrators appointed in accordance with the said rules. The decision of the arbitral tribunal shall be final and binding upon the parties.
Mediation Clause: Prior to commencing arbitration, the parties agree to first attempt to resolve the dispute through mediation in accordance with the [Mediation Rules] of [Mediation Institution]. The seat of mediation shall be [City, Country], and the language of the mediation shall be [Language]. The mediator shall be appointed by mutual agreement of the parties. If the parties cannot agree on a mediator, the mediator shall be appointed in accordance with the rules of the mediation institution. If the dispute is not resolved within [number] days from the commencement of mediation, either party may then proceed to arbitration as outlined above.
Exceptions to Arbitration: Notwithstanding the above, WAJA Group may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of WAJA Group’s intellectual property rights or other proprietary rights.
Waiver of Class Action: You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not in a class, consolidated, or representative action. You hereby waive any right to assert any claims against WAJA Group as a representative or member in any class or representative action, except where such waiver is prohibited by law.
Modification to the Terms
WAJA Group reserves the right to modify or amend these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website after the posting of revised Terms constitutes your acceptance of such changes.
We may notify you of material changes to these Terms by posting a notice on the Website or by sending an email to the email address associated with your Account. It is your responsibility to review these Terms periodically to stay informed of any updates or changes.
If you do not agree to the modified Terms, you must stop using the Website. Your continued use of the Website after the effective date of the modified Terms constitutes your acceptance of the modified Terms.
Termination
WAJA Group reserves the right to suspend or terminate your access to the Website at any time and for any reason, including but not limited to:
- Violation of these Terms or any other policies or guidelines posted on the Website.
- Conduct that WAJA Group believes is harmful to other users, WAJA Group, or third parties.
- Request by law enforcement or other government agencies.
- Technical or security issues.
Effect of Termination
Upon termination of your access to the Website:
- All rights and licenses granted to you under these Terms will immediately cease.
- You must immediately cease all use of the Website and any content obtained from the Website.
- WAJA Group shall not be liable to you or any third party for any termination of your access to the Website or your Account.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and WAJA Group regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Waiver
The failure of WAJA Group to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WAJA Group.
Contact us
If you have any questions about these Terms, please contact us at info@wajagroup.com.