Terms of use

Occupy is a marketplace for spaces - homes, rooms, offices, shops, venues, storage, parking and land - to rent, buy or book. It is operated by LeaseForce Systems Limited ("we", "us"). These terms apply to everyone who uses the website or app: people looking for space ("guests") and people or organisations listing it ("listers").

Using Occupy means accepting these terms and the Privacy policy. Anyone who does not accept them should not use the service.

• An account holder must be at least 18 years old and able to enter a binding contract.
• Details given at sign-up must be accurate and kept up to date. Each account is for one person; sign-in details must be kept private.
• The account holder is responsible for activity on the account. Suspected misuse should be reported to [email protected] straight away.
• An account can be closed at any time from Settings.

Occupy provides the platform that connects guests and listers. It is not the owner, landlord, agent or manager of any listed space, and is not a party to any lease, sale, booking or other agreement made between a guest and a lister. Viewings, contracts, deposits and payments for a space are arranged directly between them.

Listings are written by listers. Occupy does not inspect spaces and does not guarantee that a listing is accurate, available or lawful, or that a lister or guest will perform. Badges and quality signals (for example a verified organisation) reflect checks described on the site; they are not a guarantee.

A lister confirms that:

• they own the space or are authorised by its owner to market it, and the listing is permitted by law and by any lease or title that applies;
• the description, photos, price, availability and location are accurate and current, and are corrected or paused as soon as they change;
• enquiries and booking requests are answered honestly and promptly, and personal data received from guests is used only to deal with the enquiry, in line with the Kenya Data Protection Act, 2019;
• they hold any licence or registration required for their activity (for example as an estate agent).

Listers grant LeaseForce Systems Limited a non-exclusive, royalty-free licence to host, display, reproduce and promote listing content (text, photos, video, documents) on Occupy and in marketing for it, for as long as the content is listed and for a reasonable period after. Listers keep ownership of their content.

A lister connected to LeaseForce authorises the sync of the properties and units chosen there. The lister remains responsible for that content as if entered directly.

Guests may contact listers through the site (messages, WhatsApp, calls, email) and, where a lister has switched it on, request to book a space for dates or times. A request is confirmed only when the lister accepts it, or at once where the lister has turned on instant booking.

Prices shown are set by listers. Payment for a booking, deposit, rent or purchase is made directly to the lister and is not handled by Occupy. Cancellation, refund and house rules are agreed between guest and lister. Guests should verify a space and the lister's identity before paying anything; Occupy never asks for payment for a viewing or a booking through a message.

Listers can buy promotion credits to feature or spotlight listings. Prices are shown before purchase and are paid through our payment provider (Paystack). Credits are applied when a promotion is placed and are not exchangeable for cash. Unused credits are not refundable except where the law requires, or where a promotion could not be delivered because of a fault on our side.

Occupy also shows clearly labelled sponsored content. Sponsored content is selected and counted by Occupy itself; no third-party advertising networks or tracking are used.

No one may use Occupy to:

• publish false, misleading or duplicate listings, bait prices, or spaces the lister has no right to market;
• attempt fraud or scams, including requests for advance payments for spaces that do not exist or are not available;
• discriminate against anyone on grounds prohibited by the Constitution of Kenya or other law;
• harass, threaten or spam other users, or contact them for purposes unrelated to a space;
• upload content that infringes someone else's rights, contains malware, or is unlawful, obscene or offensive;
• scrape, copy or harvest listings or personal data in bulk, or interfere with the security or operation of the service.

Anyone can report a listing from its page. Reported listings may be held for review and removed. We may suspend or close accounts that break these terms, without notice where there is a risk to other users.

The Occupy name, logo, design and software belong to LeaseForce Systems Limited or its licensors. Users may view and share listing pages for their own, non-commercial purposes; any other use requires our written permission.

The service is provided "as is". We work to keep it available and accurate but do not promise it will be uninterrupted or error-free.

To the extent the law allows, LeaseForce Systems Limited is not liable for: the condition, availability or lawfulness of any space; the acts or omissions of guests or listers; any agreement or payment made between them; or indirect or consequential loss. Our total liability for any claim relating to the service is limited to the amount the claimant paid us in the twelve months before the claim, or KES 10,000 where nothing was paid. Nothing in these terms limits liability that cannot be limited by law, including under the Consumer Protection Act, 2012.

Listers will compensate LeaseForce Systems Limited for claims arising from their listings or from breaking these terms.

We may change the service or these terms. Material changes will be announced on the site or by email before they take effect; using Occupy after that means accepting them. We may withdraw features, and suspend or end access where these terms are broken or the law requires. Sections that by their nature continue (content licences, liability, governing law) survive an account being closed.

These terms are governed by the laws of Kenya. A dispute should first be raised with us at [email protected] so that we can try to resolve it. If it is not resolved within 30 days, it may be referred to the courts of Kenya, which have exclusive jurisdiction.