Global Terms and Service

Last revised: August 2024

Introduction

These Terms of Service (referred to as "Terms") are here to help clarify how you can use our platform and what you can expect from us. We want to ensure that our relationship is clear, fair, and transparent. Whether you're browsing for a new home, listing a property, or interacting with agents, these Terms are established to protect both your rights and ours.

We're committed to providing you with a reliable, secure, and user-friendly experience as you navigate the world of real estate. Our platform is tailored to meet your needs, whether you're looking to rent, buy, stays, or giving out properties. We aim to create a space where transactions are seamless, and decisions are well-informed, helping you feel confident and secure in your real estate journey.

1. Acceptance of Terms

BY ACCESSING OR USING THE OWNKEY PLATFORM, YOU'RE AGREEING TO THESE TERMS. IT'S IMPORTANT TO UNDERSTAND THAT YOUR USE OF OUR SERVICES SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS ISN'T JUST LEGAL JARGON—THESE TERMS OUTLINE YOUR RESPONSIBILITIES AND OUR COMMITMENTS TO YOU.

We encourage you to read these Terms carefully. If you don't agree with any part of them, please refrain from using our platform. Your continued use of Ownkey means you're on board with everything outlined here, including our privacy practices and any future updates we might make to these Terms. If you're using Ownkey on behalf of a company or another legal entity, you confirm that you have the authority to bind that entity to these Terms. In that case, "you" refers to both you as an individual and the entity you represent. To join Ownkey, you need to be at least 18 years old and legally capable of entering into agreements. By registering, you confirm that the information you provide is accurate and truthful. If you're creating an account for a business, you're asserting that you have the authority to do so on its behalf.

As a user, you're responsible for all activities that occur under your account. This includes keeping your login details secure and ensuring that any information you provide is up-to-date and accurate. Misuse of the platform, including providing false information or engaging in unauthorized activities, can lead to suspension or termination of your account. We take account security seriously and employ measures to protect your data. However, maintaining the security of your account is a shared responsibility. Use strong passwords, change them regularly, and enable two-factor authentication if available. If you suspect any unauthorized use of your account, contact us immediately. This helps us keep your information safe and the platform secure for everyone.

2. User Conduct

When using Ownkey, we expect all users to act responsibly and respectfully. To maintain a safe and trustworthy environment, the following activities are strictly prohibited:

  • Misrepresentation: Providing false or misleading information about properties, your identity, or your intentions.
  • Fraudulent Behavior: Engaging in any deceptive practices, including but not limited to financial fraud, phishing, or scam listings.
  • Unauthorized Use: Accessing or attempting to access another user's account without permission.
  • Harassment: Engaging in any form of harassment, abusive behavior, or inappropriate communication with other users, agents, or Ownkey staff.
  • Spamming: Sending unsolicited messages, advertising unauthorized products or services, or posting irrelevant content.
  • Circumventing Security: Attempting to bypass any security measures or accessing restricted areas of the platform.
  • Violating Intellectual Property Rights: Uploading or distributing content that infringes on the intellectual property rights of others.

By using Ownkey, you agree to comply with all applicable local, national, and international laws and regulations. This includes, but is not limited to, real estate laws, data protection laws, and consumer protection regulations. It's your responsibility to ensure that your actions on the platform are lawful and ethical. If you engage in any prohibited activities or violate these Terms, Ownkey reserves the right to take appropriate action. This may include:

  • Account Suspension or Termination: Immediate suspension or permanent termination of your account.
  • Legal Action: Pursuing legal action against you for any damages or losses incurred as a result of your actions.
  • Reporting to Authorities: Reporting your activities to the appropriate legal or regulatory authorities.

We're committed to maintaining a safe and trustworthy platform, and we take violations seriously. If you notice any suspicious or inappropriate behavior on Ownkey, please report it to us immediately.

When you upload or submit any content to Ownkey, such as property listings, photos, or descriptions, you are responsible for ensuring that this content is accurate, lawful, and does not infringe on the rights of others. Your content should be truthful and relevant to the purpose of the platform. We encourage you to present properties clearly and fairly, avoiding any misleading or false information. By posting content on Ownkey, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content across our platform. This license allows us to showcase your listings to potential buyers or renters and helps us maintain an engaging, content-rich platform.

We respect intellectual property rights and expect our users to do the same. All content on Ownkey, including text, images, graphics, and software, is either the property of Ownkey or used with permission from the rights holders. You agree not to use, copy, modify, or distribute any content from our platform without the appropriate permissions. If you believe that your intellectual property rights have been infringed upon by content on Ownkey, please contact us immediately with details of the alleged infringement. We will investigate the matter and take appropriate action, which may include removing the infringing content.

Ownkey reserves the right to remove any content that violates these Terms or is otherwise deemed inappropriate, harmful, or unlawful. This includes, but is not limited to, content that is misleading, offensive, or infringes on intellectual property rights. If your content is removed, we may notify you of the reason, though in some cases, we may remove content without prior notice. We aim to maintain a safe, reliable, and user-friendly platform, and content that undermines this goal may be removed at our discretion.

3. Agent Obligations

We take the verification of agents seriously to ensure a trustworthy platform for our users. When agents register on our platform, they undergo a vetting and verification processes that includes confirming their credentials, professional background, and any necessary licenses. This helps us provide a level of assurance that the agents you interact with are legitimate and qualified. Agents on Ownkey are expected to uphold the highest standards of professionalism. This includes providing accurate information in their listings, responding to inquiries in a timely manner, and conducting themselves ethically in all interactions with users. Agents must comply with all applicable laws and regulations related to real estate transactions, including those concerning fair housing and consumer rights. Agents are also responsible for keeping their profiles and listings up-to-date. This includes promptly updating any changes in property status, such as availability or pricing, and ensuring that all information presented is accurate and truthful.

While Ownkey strives to verify the credentials and reliability of agents on our platform, it's important to understand that verification does not guarantee the performance, conduct, or outcome of any transactions involving these agents. The verification process is intended to reduce risk, but users should still exercise their own due diligence when choosing to engage with an agent. Ownkey is not responsible for any actions or omissions by agents, and we encourage users to report any suspicious or unprofessional behavior they encounter. This helps us maintain the integrity of our platform and protect all users.

4. Payment and Fees

We offer various services that may require payment, depending on the features you choose to use. For agents, listing properties or utilizing premium features like enhanced visibility through Ownkey Ads may come with associated fees. Users, on the other hand, typically enjoy free access to browsing and basic features, though some advanced tools or premium services might also involve a fee. Before using any paid service, you will be informed of the cost, and by proceeding, you agree to pay the listed fees. We strive to make the payment process as convenient as possible. Ownkey accepts a variety of payment methods, including major credit and debit cards, mobile payment options, and bank transfers. Payment details are securely processed using industry-standard encryption to protect your financial information. When you authorize a payment, you agree that we may charge the amount to your selected payment method, including any applicable taxes or fees.

We understand that situations can change, and you may need a refund. Our refund policy is straightforward: if you are unsatisfied with a paid service or if it was not delivered as promised, you may be eligible for a refund. Requests for refunds must be made within 30 days of the payment date. Refunds are processed back to the original payment method used. However, some fees, such as those related to completed services or non-cancelable contracts, may be non-refundable. Each refund request is evaluated on a case-by-case basis, and our customer support team is here to assist you through the process.

5. Third-Party Links and Services

Ownkey may include links to third-party websites or services within our platform, provided for your convenience and to enhance your experience. However, it's important to note that these third-party sites are not under our control, and we do not endorse or assume responsibility for the content, policies, or practices of any third-party services. If you choose to engage with third-party services linked through Ownkey, such as using external payment processors or exploring property listings hosted on other platforms, you do so at your own risk. It's your responsibility to review and understand the terms and privacy policies of any third-party services you interact with.

Ownkey disclaims all liability for any losses, damages, or issues that may arise from your interactions with third-party content or services. We cannot guarantee the accuracy, legality, or safety of third-party websites or their content, and your use of such links or services is entirely at your own discretion.

6. Privacy and Data Security

We collect certain information from you when you use our platform. This includes details you provide when creating an account, listing a property, or interacting with other users. We may also collect data through cookies and other tracking technologies to improve your experience. All data collected is used to provide and enhance our services, ensuring that your real estate journey is smooth and personalized. Your privacy is important to us. You have the right to know what data we collect, how it is used, and who it is shared with. You can access, update, or request the deletion of your personal information at any time. We respect your choices regarding data collection and offer options to manage your privacy settings within the platform.

We take your data security seriously. Ownkey employs industry-standard encryption and security protocols to protect your personal information from unauthorized access, alteration, or disclosure. While we work hard to safeguard your data, we also encourage you to take steps such as using strong passwords and enabling two-factor authentication or OTP verifications to further secure your account.

7. Intellectual Property

Everything you see on Ownkey—from the text and images to the design and software—belongs to us or our licensors. This content is protected by copyright, trademark, and other intellectual property laws. You have the right to use our platform, but remember, this doesn't mean you own any part of it.

When you use Ownkey, we grant you a limited, non-exclusive, non-transferable license to access and use the platform for personal or professional real estate purposes. This license allows you to browse listings, communicate with agents, and utilize the features we offer, as long as you follow our Terms. To keep Ownkey running smoothly for everyone, there are a few things you're not allowed to do. You can't copy, distribute, modify, or create derivative works from our content without our explicit permission. Also, don't use our platform for any unlawful activities, or try to reverse-engineer our software. Misusing the platform could result in the suspension or termination of your account.

8. Disclaimers and Warranties

OWNKEY IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY GUARANTEES OR PROMISES ABOUT ITS PERFORMANCE OR RELIABILITY. WHILE WE STRIVE TO OFFER A SEAMLESS AND ACCURATE SERVICE, WE CAN'T GUARANTEE THAT EVERYTHING WILL ALWAYS WORK PERFECTLY OR THAT THE CONTENT WILL ALWAYS BE UP-TO-DATE. WE DO OUR BEST TO ENSURE THAT PROPERTY LISTINGS ARE ACCURATE AND RELIABLE, BUT WE DON'T MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THEIR COMPLETENESS, ACCURACY, OR SUITABILITY. IT'S IMPORTANT THAT YOU VERIFY ANY INFORMATION BEFORE MAKING DECISIONS BASED ON IT. TO THE FULLEST EXTENT PERMITTED BY LAW, OWNKEY AND ITS AFFILIATES, PARTNERS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE PLATFORM. THIS INCLUDES ANY ISSUES RELATED TO THE LISTINGS, TRANSACTIONS, OR INTERACTIONS WITH OTHER USERS. YOUR USE OF OWNKEY IS AT YOUR OWN RISK, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

OWNKEY'S RESPONSIBILITY TO YOU IS LIMITED. WHILE WE STRIVE TO MAKE YOUR EXPERIENCE SMOOTH AND HASSLE-FREE, WE CAN'T BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES THAT MIGHT ARISE FROM USING OUR PLATFORM. THIS INCLUDES ISSUES LIKE LOST PROFITS, DATA LOSS, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ENCOUNTER ANY PROBLEMS WITH OUR PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING OWNKEY. WE'RE HERE TO HELP RESOLVE ISSUES, BUT ULTIMATELY, THE MAXIMUM EXTENT OF OUR LIABILITY IS CAPPED AT THE AMOUNT YOU HAVE PAID, IF ANY, FOR ACCESSING THE SERVICE.

9. Indemnification

By using Ownkey, you agree to indemnify, defend, and hold harmless Ownkey, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) that arise from your use of the platform. This includes any violations of these Terms or any illegal activities you may engage in while using the service.

Your indemnification obligation covers all claims related to your actions on the platform, including any content you upload, any property transactions you engage in, or any interactions with other users that result in disputes or legal issues. Essentially, if your actions cause harm or lead to legal trouble for Ownkey, you're responsible for covering those costs. If Ownkey is involved in a legal dispute due to your actions, we will notify you as soon as possible. You are expected to cooperate fully with our defense in any related claims. Ownkey reserves the right to assume exclusive control over the defense of any matter that is subject to indemnification, and you agree not to settle any such matter without our prior written consent.

10. Termination of Service

Ownkey reserves the right to terminate or suspend your account if you violate these Terms, engage in illegal activities, or misuse the platform in any way. This includes actions like providing false information, harassing other users, or attempting to circumvent our security measures. If we determine that termination is necessary, we will typically provide notice to you via email. In some cases, especially if the violation is severe or poses a risk to other users, termination may be immediate and without prior notice.

Once your account is terminated, your access to the platform and all associated data, including any listings or communications, will be permanently removed. You will no longer be able to use Ownkey's services, and any ongoing transactions or agreements through the platform may be voided. Termination does not absolve you of any outstanding obligations, such as payments due or legal responsibilities.

11. Dispute Resolution

These Terms and any disputes related to them or the use of Ownkey are governed by the laws of Republic of Ghana, without regard to its conflict of law principles. By using Ownkey, you agree to submit to the jurisdiction of the courts in Ghana for any legal matters. If a dispute arises that we cannot resolve informally, both you and Ownkey agree to resolve it through binding arbitration. This means that instead of going to court, we'll present our cases to a neutral arbitrator, whose decision will be final and binding. Arbitration agreement will comply with Section 36 of THE REAL ESTATE AGENCY ACT, 2020 (ACT 1047).

Before initiating arbitration, you agree to contact us first to attempt to resolve the issue. If we can't reach an agreement within 30 days, either party may initiate the arbitration process. The arbitration will be conducted in English, and each party will bear its own costs. However, the arbitrator may award costs to the prevailing party.

12. Modifications to Terms

Ownkey reserves the right to update or modify these Terms at any time. As our platform evolves, we may need to make changes to reflect new features, legal requirements, or shifts in our business practices. Rest assured, any modifications will always be made with your best interests in mind. When we make changes to these Terms, we'll notify you by posting the updated version on our platform and, where necessary, by sending an email to the address associated with your account. We recommend regularly reviewing the Terms to stay informed about any updates.

By continuing to use Ownkey after any modifications to the Terms, you agree to be bound by the updated terms. If you don't agree with the changes, your best course of action is to stop using the platform. We want to ensure that you're always fully informed and comfortable with the terms governing your use of Ownkey.

13. Miscellaneous Provisions

These Terms, along with our Privacy Policy and any other agreements explicitly referenced, constitute the entire agreement between you and Ownkey. They supersede any prior understandings or agreements, whether written or oral, related to your use of the platform. This means that everything you need to know about your rights and obligations is contained right here. If any part of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that portion will be severed from the rest. The remaining provisions will continue to be in full force and effect. We’ve designed these Terms to stand strong, even if a part is removed.`

Ownkey may assign its rights and obligations under these Terms to another party in connection with a merger, acquisition, or sale of assets, or by operation of law. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. This ensures that our agreement remains clear and enforceable, no matter what changes might occur.