Membership Terms and Conditions

  1. Definitions

In these Membership Terms and Conditions:

  • Benefits means the rights and entitlements of Members as specified in clause 3 of these Membership Terms and Conditions as varied, amended, replaced or substituted from time to time by us in our absolute discretion.
  • Buyer means a Member who buys Products made available for sale on the Sites.
  • Land Banking Kenya Options Products means the various contracts offered by us for the purchase and sale of land options and contracts.
  • Member means a person who signs up as a Member by creating an account and accepting these Membership Terms and Conditions and Privacy Policy.
  • Payment Agent means any payment agent or method approved by us from time to time including, but not limited to, PayPal and MPESA.
  • Products mean products available for sale on the Sites including, but not limited to Land Banking Kenya Options Products.
  • Sites means the website owned and operated by Land Layby Kenya Limited for the purposes of (including but not limited to) promoting advertising and selling Products.
  • In these Membership Terms and Conditions, a reference to “we”, “our” or “us” means Land Layby Kenya Limited and a reference to “you” or “your” means a Member.
  • A reference in these Membership Terms and Conditions to ‘buying’ of a Product means the acquisition or grant to control a Product until the option to purchase the Parcel of land is exercised.
  1. Membership
    1. You may only become a Member if you are 18 years or over.
    2. There are three levels of Membership;
      1. Basic Membership (one-off subscription membership); or
      2. Premium Membership (annual subscription membership); or
      3. Standard Membership ( monthly subscription membership).
    3. You do not have an automatic entitlement to Membership and we may, at our sole discretion, elect to:
      1. refuse your request to become a Member; or
      2. once Membership is granted, suspend, terminate or restrict your Membership at any time.
    4. We are not obliged to give reasons for any decision we make to suspend, terminate or restrict your Membership or to reject your request to become a Member.
    5. Your Membership is not redeemable for cash and is non-refundable.
    6. Once Membership is granted you will only be able to access all areas of the Sites with use of the username and password you set up at the time you become a Member.
    7. You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.
    8. Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Sites.
    9. You must use all reasonable efforts to keep your username and password confidential.
    10. You must not allow any third party to access the Sites using your username and password and make use of the Sites on your behalf.
    11. You must notify us in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.
    12. You acknowledge and agree that you are liable for, and will indemnify us, our related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Sites as a Member.
  1. Benefits conferred by Membership
    1. By being registered as a Basic Member you are, subject to these Membership Terms and Conditions, entitled to:
      1. buy Products from us; and
      2. generally make use of the Membership section of the Sites.
    2. By being registered as a Standard Member you are, subject to these Membership Terms and Conditions, entitled to:
      1. Sell Products  using the various contracts offered by us for the purchase and sale of land options and contracts; and
      2. generally make use of the Membership section of the Sites.
    3. By being registered as a Premium Member you are, subject to these Membership Term and Conditions entitled to:
      1. buy Products from us;
      2. generally make use of the Membership section of the Sites;
      3. participate in the referral program as described in clause 16;
      4. Free tour rides to investment properties (from our offices or nominated pickup locations as indicated from time to time);
      5. unlimited 10% discount on option fee(s) for the first year of membership on selected Products and subsequently, one option fee 10% discount per year on selected Products;
      6. we may, in our absolute discretion, agree to a Premium Member paying their option fee by way of instalments. The terms of such payment are to be set out in the relevant Product;
      7. where applicable, Premium Members qualify to apply for pre-approved finance through our participating mortgage agents and or financial institutions when exercising their option in a Product;
      8. pre-release offers on developments will only be available to Premium Members; and
      9. up to a maximum of two commission free option assignments per year.
    4. Members who buy Products acquire a right to purchase the parcel of land at a predetermined minimum price and the rights to assign the Product. This is dealt with in more detail in clause 13.
  1. Land Layby Kenya Limited’s Role
    1. The Sites are online facilities that allow you to buy Products.
    2. We do not warrant that the Products or any content, code, data or materials downloaded from the Sites does not infringe the intellectual property rights of a third party.
  1. Availability and Use of the Sites
    1. The Sites will usually be available 24 hours a day, seven days a week or as otherwise stated on the Sites.
    2. We may, in our absolute discretion, and for any reason, and at any time, with or without notice:
      1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
      2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Sites.
    3. You agree that we are not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.
    4. When accessing the Sites (as a Member) and using the content and/or the services available on the Sites, you must also comply with any directions, instructions or protocols posted on the Sites from time to time.
  1. Fees and Services
    1. When Members purchase a membership online, they will be activated to redeem the applicable Benefits. The Member is responsible for all costs of currency conversion from his or her preferred currency to the Ksh.
    2. Basic Membership is free. Premium Membership can be purchased online at www.landbankingkenya.co.ke or any approved participating agent.
    3. Members continue to redeem Benefits for the entire term of their membership and each Benefit remains active until its nominated expiration date.
    4. Enrolment at www.landbankingkenya.co.ke is subject to verification and will be deemed invalid if the information is not true and/or complete.
    5. Membership fees are non-refundable and are payable annually on 1st July in each year.
    6. Upon becoming a Premium Member, a Membership card will be issued to you for redeeming Benefits. Only Basic Members who purchase Products online may collect a welcome pack containing a Land Layby Kenya Limited membership card from a participating Land Layby Kenya Ltd agent at no cost.
    7. This Land Layby Kenya Ltd membership card will be associated with one membership number. Land Layby Kenya Limited membership cards are not transferable.
    8. Land Layby Kenya Limited membership cards remain the property of Land Layby Kenya Limited at all times and must be used by the Member only for the purposes contemplated by these Terms and Conditions in the manner directed by Land Layby Kenya Limited.
    9. By enrolling for Membership, Members consent to receive the Land Layby Kenya Limited e-newsletter as well as other email and SMS communications containing investment information and special offers on pre-release projects.
  1. Renewing membership
    1. Membership lasts 12 months and must be renewed annually in Land Layby Kenya Ltd offices, participating agents or via the website www.landbankingkenya.co.ke
    2. Membership cannot be extended and no grace period will be granted.
    3. A late Membership renewal fee equivalent to 15% of annual subscription Fee will be charged to all late Membership renewals. Whilst your Membership fee remains outstanding all your Benefits will remain suspended until such time as the Membership fee (including any late renewal fees) are paid (Suspension Period).  Any Benefits that may have accrued during the Suspension Period will not be credited to your Membership and will be dealt with as if you were never entitled to them in the first instance.
  1. Member Information
    1. When you want to become a Member and use the Sites, you may be asked to provide certain personal information to us (Member Information). You acknowledge and confirm that the Member Information you provide is true, accurate and complete.
    2. Our information collection and use policies with respect to the privacy of such Member Information are set out in the Site’s privacy policy.
    3. Any Member Information that you disclose may be used by us, our agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Sites.
    4. We do not collect personal information on our Site from individuals we actually know to be under 18 years of age. We requests that Site visitors under 18 years of age not disclose or provide any personal information. If we discover such information, we will delete such personal information from our records. If for any reason we believe a user may be under the age of 18, we reserve the right to request proof of age of such user. If such proof is not provided, or if it is discovered the user is under the age of 18, all personal information regarding that individual shall be deleted from our system and we reserve the right to limit and/or ban the user from the Benefits and from www.landbankingkenya.co.ke.
  1. Proprietary Rights
    1. Land Layby Kenya Limited, its licensors, advertisers or affiliates own all:
      1. the content of the Sites;
      2. the look and feel, design and the organisation of the Sites;
      3. the compilation of the materials on the Sites; and
      4. the intellectual property rights (if any) subsisting in the works described in paragraphs (1), (2) and (3) above.
    2. Your use of the Sites does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Sites or any intellectual property rights subsisting in any of those things.
  1. Copyright & Trademark Claims
    1. We respect the intellectual property rights of others. We require that you do the same.
    2. If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward all the following information in one document (Copyright Claim) to us:
      1. your address, telephone number, and email address;
      2. a description of the location of the alleged infringing material;
      3. a description of the copyright work that has been allegedly infringed;
      4. a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf;
      5. your physical or valid electronic signature.
    3. On receipt of a Copyright Claim, we will take the actions we consider necessary to manage the administration of the Copyright Claim.
  1. Trademarks
    1. The trademarks, logos, service marks and trade names (collectively the Trademarks) displayed on the Sites are, unless otherwise stated, the registered and unregistered Trademarks of Land Layby Kenya Limited and others.
    2. A Trademark may not be used by you without the approval of its owner.
    3. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of its owner.
  1. Confidential Information and Privacy
    1. We do not warrant or represent that your use of the Sites will be confidential.
    2. We are not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Sites.
    3. While we have taken precautions to protect information that you transmit to the Sites over the internet, we do not warrant the security of that information. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
    4. You must not disclose any confidential information made available to you through the Sites.
    5. When using the Sites or dealing with other users of the Sites you must respect the privacy and legal rights of other Members.
    6. If a Member provides you with (or your Product accesses or uses) user-names, passwords or other login information or personal information of the Member (Personal Information) you must:
      1. make the Member aware that the Personal Information will be available to you; and
      2. ensure that, by proceeding to transact with you, the Member is giving you permission to use the Member’s Personal Information; and
      3. provide a privacy notice to the user, recording the manner in which the Personal Information will be handled by you, that is legally sufficient; and
      4. use the Personal Information for the limited purposes for which the Member gave permission; and
      5. handle the information in accordance with the Terms and Conditions and Conditions of the privacy notice.
    7. If the Member has entered into a separate agreement with you that allows you (or your Product) to store or use the Member’s Personal Information directly related to your Product (not including other products or applications) then the terms and conditions of that separate agreement will govern your use of such Personal Information.
    8. Without limiting the generality of the foregoing, if the user provides you information about their Membership, you may only use that information to access the Member’s Membership information when, and for the limited purposes for which, the user gave permission for you to do so.
  1. Buying Products
    If you buy a Product, you do so on the following terms and conditions:

    1. you cannot cancel an order for a Product once the order has been submitted;
    2. We do not give any undertaking as to the continued availability of Products offered for sale on the Sites;
    3. once your order for a Product is accepted, you sign the necessary Product documents and you pay the fee, you acquire an option to buy the Product by way of exercising the option in accordance with the Product contract;
    4. ownership of the Product contract remains with the Seller until you exercise the option to buy however, you can assign your right to exercise the option in the Product contract at a fee higher than the initial amount by you.
    5. payment of the fee will be made at the time of Purchase from the Seller.
  1. Refunds
    1. If you want a refund or credit on a Product you must make a written claim to us. We will assess claims on their merits, with regard to the nature of the Products and any preview or inspection that was available before purchase.
    2. There is no obligation to provide a refund or credit for reasons including (but not limited to) if you:
      1. have changed your mind about a Product;
      2. bought a Product by mistake;
      3. do not have sufficient expertise to use the Product; or
      4. ask for goodwill.
    3. When a refund or credit has been assessed by us as due, this will (at your cost and expense which you indemnify us for any costs incurred in completing a refund or credit to you) be paid using the same manner of purchase (that is, if the Product was bought using MPESA, the Buyer will be refunded in MPESA; if the Product was bought using a credit card via PayPal the Buyer will be refunded using that mechanism).
    4. You acknowledge and agree that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, we reserve the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, we will promptly arrange for any payment to be credited or refunded.
    5. You agree and acknowledge that if, as a Buyer, you lodge a dispute with PayPal we are unable to make any payment out of your Member Account until the PayPal dispute has been closed.
  1. Lost, stolen or damaged membership cards
    1. Lost or stolen Membership cards should be reported immediately clicking here. When we are made aware of a lost or stolen Membership card, we will flag that card as lost or stolen and the associated Membership account will be rendered inactive. We are not responsible for any redemption made by a third party using a lost or stolen Membership card.
    2. Members can collect a replacement Membership card on their next visit to a Participating Land Layby Kenya Ltd agent. Valid identification will be required before a replacement Membership card is issued. A replacement fee may be applied for each re-issued Membership card, with the charge determined in our sole discretion.
    3. All Benefits that the Member was eligible to redeem at the time we are made aware that the Membership card was lost or stolen will be applied to the replacement Membership card for redemption.
  1. Referrals
    1. If you refer a new Premium Member (New Member), you will receive a commission equal to 5% of that New Member’s membership fee (Referral Commission). You authorize us to collect and distribute such fees and commissions on your behalf. This Referral Commission will be credited towards your next purchase of Products.
    2. You are entitled to the Referral Commission if the New Member:
      1. has not been previously referred by another Member or a Member who ceased to be a Member or their Membership expired;
      2. has been referred via an external site and not through any of our Sites; and
      3. purchases Land Banking Kenya Option Products within one month of the referral.
    3. You may not refer New Members by:
      1. purchasing a domain name, search engine keyword or pay-per-click advertisement that use any of our Trademarks and/or variations and mis-spellings thereof; or
      2. sending unsolicited email or other messaging that in any way may constitute spam;
      3. engaging in any conduct that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam;
      4. engaging in any conduct that is directly or indirectly in contravention of any direction given to you by us or these Membership Terms and Conditions ; or
      5. engaging in any conduct that does not meet our standards of ‘fair play’ at our discretion.
    4. We reserve the right, in our absolute discretion, to determine whether or not your use of the referral program complies with any applicable laws and/or these Membership Terms and Conditions.
    5. Our determination as to whether or not your use of the referral program is in breach of any applicable laws and/or these Membership Terms and Conditions is final and binding.
    6. If we determine that you have not complied with any applicable laws and/or these Membership Terms and Conditions, we will disable your Member Account and withhold all Referral Commissions and withdraw all Membership Benefits that have accrued to you at the time we become aware of your failure to comply.
    7. Any changes to the commission rates by us will take effect on and from the date on which notice of the variation is posted by on our Sites.
  1. Prohibited Conduct
    You warrant that while using the Sites and the various services and features offered on or through the Sites, you will not:

    1. use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
    2. insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
    3. attempt to gain unauthorised access to other computer systems through the Sites.

    You must not:

    1. engage in “spidering”, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or the services offered on or through the Sites, including without limitation any information residing on any server or database connected to the Sites or the services offered on or through the Sites;
    2. obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Sites by any means;
    3. use the Sites or the services made available on or through the Sites in any manner with the intent to interrupt, damage, disable, overburden, or impair the Sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
    4. use the Sites, content or services offered on the Sites for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
    5. use the Sites to distribute or make available any product whose primary purpose is to facilitate the distribution of products outside of the Sites;
    6. use any mechanism, device software or script to affect the proper functioning of the Sites including taking any action which may infect the Sites with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
    7. take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Sites or networks connected to the Sites;
    8. use the Sites or the Sites’ services or features in violation of Land Layby Kenya Limited’s or any third party’s intellectual property or other proprietary or legal rights; or
    9. use the Sites or the Sites’ services in violation of any applicable law.

    You further agree that you must not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or the Sites’ services, or any content of the Sites or any of its domains, or make any unauthorised use of the Sites or the Sites’ services or any content of the Sites or any of the domains of the Sites.

    You agree that you must not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites or any of its services.

    You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sites.

    Land Layby Kenya Limited reserves the right, in its absolute discretion, to determine whether or not your use of the Sites or content or services available on the Sites complies with these Membership Terms and Conditions and Conditions.

    Any commercial or promotional distribution, publishing or exploitation of the Sites, or any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission from Land Layby Kenya Limited.

    Other than as expressly allowed in these Membership Terms and Conditions, and unless otherwise indicated in these Membership Terms and Conditions, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Sites.

  1. Linking to the Sites
    You agree that if you include a link from any other web site to one or more of the Sites, such link must link to the full version of an HTML formatted page of the relevant Site.You are not permitted to link directly to any image hosted on the Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site.You agree not to link from any other web site to any of the Sites in any manner such that the Sites, or any page of the Sites, is“framed”, surrounded or obfuscated by any third party content, materials or branding.We reserve all of our rights under the law to insist that any link to any of the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
  1. Third Party Sites
    1. You may be able to link from the Sites to third party web sites and third party web sites may link to the Sites (Linked Sites).
    2. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
    3. The inclusion of a link to a Linked Site on a Site does not constitute or indicate any relationship between Land Layby Kenya Limited and the operator of that Linked Site or any endorsement or sponsorship by Land Layby Kenya Limited of that Linked Site.
    4. Land Layby Kenya Limited disclaims any liability for links:
      1. from another web site to any of the Sites; and
      2. to another web site from any of the Sites.
    5. Land Layby Kenya Limited is not responsible for any form of transmission received from any Linked Site.
  1. Third Party Developers
    1. Land Layby Kenya Limited is aware that third party developers offer applications for use in conjunction with the Sites and that use of these applications may require you to disclose confidential information (such as your Land Layby Kenya Limited password and user name).
    2. While welcoming the contribution made by these third party developers Land Layby Kenya Limited is not able to, and does not, warrant or endorse those applications and cannot be responsible for any interaction between you and a third party developer. Land Layby Kenya Limited disclaims any liability so arising.
    3. You will need to form your own view of the benefits to be derived from using any such applications and the reliability and trustworthiness of the third party developer.
  1. Public Forums
    Land Layby Kenya Limited may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Sites.In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Sites or any service or feature made available on or through the Sites, any materials which:

    1. restrict or inhibit any other user from using and enjoying the Sites or the Sites’ services;
    2. are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
    3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
    4. violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
    5. contain a virus, spyware, or other harmful component;
    6. contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
    7. constitute commercial solicitation or ‘spam’ of any kind; or
    8. constitute or contain false or misleading indications of origin, endorsement or statements of fact.

    You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Land Layby Kenya Limited.

    You also may not offer to buy or sell any product or service on, or through, your comments submitted to our forums. You alone are responsible for all information and materials that you post to the Sites and the consequences of any of your activities on the Sites.

    Land Layby Kenya Limited reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Sites or through the Sites, and Land Layby Kenya Limited is not responsible for, and assumes no liability for, any such materials posted by users. However, Land Layby Kenya Limited reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Land Layby Kenya Limited’s sole discretion are objectionable or in violation of these Membership Terms and Conditions and Conditions, Land Layby Kenya Limited’s policies or applicable law.

    Land Layby Kenya Limited may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Membership Terms and Conditions or applicable law, or for any other reason without notice or liability.

    It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Sites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.

    It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

  1. Disclaimer
    1. all content and services on the Sites is provided “as is” and without warranties of any kind, either express or implied;
    2. Land Layby Kenya Limited and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
    3. Land Layby Kenya Limited does not warrant that the functions contained in any content or your access to the Sites will be uninterrupted or error-free, that any defects will be corrected or that the Sites or the server which stores and transmits content to you are free of viruses or any other harmful components; and
    4. Land Layby Kenya Limited does not warrant or make any representation regarding your access to, or the results of your access to, the Sites (including any related or linked websites) or any content in Terms and Conditions of correctness, accuracy, timeliness, completeness, reliability or otherwise.

    Under no circumstances (including but not limited to any act or omission on the part of Land Layby Kenya Limited) will Land Layby Kenya Limited or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Sites.

    To the fullest extent permitted by law, Land Layby Kenya Limited’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Land Layby Kenya Limited to the following:

    1. in the case of services supplied or offered by Land Layby Kenya Limited:
      1. the supply of the services again;
      2. the payment of the cost of having services supplied again; and
    2. in the case of products supplied or offered by Land Layby Kenya Limited:
      1. the replacement of the products or the supply of equivalent products; or
      2. The payment of the cost of replacing the products or acquiring equivalent products.
  1. Indemnification and Release
    1. You are solely responsible (and agree that Land Layby Kenya Limited has no responsibility to you or to any third party for) for, and you agree to indemnify and hold harmless Land Layby Kenya Limited (as well as Land Layby Kenya Limited’s affiliates, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from, any of the following matters:
      1. your use of the Sites;
      2. any Products you buy through the Sites;
      3. your placement or transmission of any message, content, information, software or other materials through the Sites;
      4. your breach of any applicable related third party contract or Terms and Conditions of service
      5. your breach of the law or of these Membership Terms and Conditions.
    2. Land Layby Kenya Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Land Layby Kenya Limited’s defense of such claim.
  1. Changes to Membership Terms and Conditions and Conditions
    1. Land Layby Kenya Limited may, at its sole discretion, revise or change these Membership Terms and Conditions (in whole or in part) or the content of the Sites from time to time and at any time without notice to you.
    2. Changes in the Membership Terms and Conditions will be effective at the time notice of the change is posted by us on the Sites. It is your responsibility to check for these notices.
    3. Your continued use of the Sites and/or the content or services made available on or through the Sites after any changes to the Membership Terms and Conditions are posted will be considered acceptance of those changes.
  1. Relationship between the Parties
    1. Nothing in these Membership Terms and Conditions:
      1. constitutes a partnership between the parties; and
      2. except as expressly provided, makes their party an agent of another party for any purpose.
    2. A party cannot in anyway or for any purpose:
      1. bind another party; or
      2. contract in the name of another party.
    3. If a party must fulfil an obligation and that party is dependent on another party, then that other party must do each thing reasonably within its power to assist the other in the performance of that obligation.
  1. Suspension or Termination
    1. Land Layby Kenya Limited may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:
      1. you breach these Membership Terms and Conditions or any other terms and conditions, agreements or rules governing the Sites;
      2. Land Layby Kenya Limited is unable to verify or authenticate any information you provide to us when you initially sign up as a Member or in the course of using the Sites; or
      3. Land Layby Kenya Limited believes that your actions may cause legal liability for you, our other Members or us.
    2. Should Land Layby Kenya Limited elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Sites temporarily or permanently. In either case, you must not apply for a new Member account.
  1. Notices
    1. Any notice given in accordance with these Membership Terms and Conditions will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.
    2. A notice will be deemed to have been given on the date of delivery.
  1. Applicable Laws
    1. If you make use of the Sites, or the Products, content, code, data or materials on the Sites or available through the Sites, except as otherwise provided for in these Membership Terms and Conditions, you may breach intellectual property laws (including copyright) and other laws of The Republic of Kenya and other countries and may be subject to liability for such unauthorised use.
    2. We control and operate the Sites from our offices in Kenya. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
    3. The laws of Kenya govern these Membership Terms and Conditions. Land Layby Kenya Limited and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Republic of Kenya.