1. Acceptance of Terms
Welcome to GamLuwaas ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and GamLuwaas governing your access to and use of the GamLuwaas website, mobile applications, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services following any changes to these Terms constitutes acceptance of those changes.
IMPORTANT: These Terms contain a mandatory arbitration provision and class action waiver in Section 14. By agreeing to these Terms, you agree to resolve disputes through binding individual arbitration rather than in court, and you waive your right to participate in class actions.
2. Description of Services
2.1 What We Provide
GamLuwaas operates an online platform that connects property landlords/owners with potential tenants in The Gambia. Our Services include:
For Landlords: Tools to create, manage, and promote property listings
For Renters: Search, filter, and inquiry tools to find rental properties
Communication Tools: Messaging system to facilitate landlord-tenant communication
Payment Processing: Credit-based listing system for landlords to post properties
2.2 We Are Not a Party to Transactions
IMPORTANT: GamLuwaas is a platform provider only. We are not a real estate broker, agent, property manager, or party to any rental agreement between landlords and tenants. We do not:
Own, rent, or lease any properties listed on our platform
Guarantee the accuracy of any listing information
Screen landlords or tenants
Handle rent payments or security deposits
Provide legal advice or guarantee rental outcomes
Any agreement entered into between a landlord and tenant is solely between those parties. GamLuwaas disclaims all liability arising from such agreements.
3. Eligibility and Accounts
3.1 Who Can Use Our Services
To use GamLuwaas, you must:
Be at least 18 years of age
Have the legal capacity to enter into binding contracts
Be a resident of or legally present in The Gambia, or seeking property in The Gambia
Provide accurate, current, and complete information during registration
Not be barred from using the Services under applicable law
3.2 Account Registration
When you create an account, you must provide accurate and complete information. You are responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your account information remains current
You may not:
Use another person's account without permission
Create multiple accounts for deceptive purposes
Transfer your account to another person without our consent
Share your login credentials with third parties
3.3 Account Verification
We may require verification of your identity, phone number, or email address. We may suspend or terminate accounts that fail verification or contain false information.
4. User Conduct and Prohibited Activities
4.1 General Rules
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
In any way that violates applicable local, national, or international law
To exploit, harm, or attempt to exploit or harm minors
To transmit any advertising or promotional material without our consent
To impersonate or attempt to impersonate GamLuwaas, another user, or any person
To engage in conduct that restricts or inhibits anyone's use of the Services
To introduce malicious software, viruses, or harmful code
To attempt unauthorized access to our systems or user accounts
4.2 Prohibited Content
You may not post, upload, or transmit content that:
Is unlawful, fraudulent, deceptive, or defamatory
Contains hate speech, discrimination, or harassment
Is obscene, pornographic, or sexually explicit
Promotes illegal activities or violence
Infringes on intellectual property rights
Contains malware, spyware, or harmful code
Is spam, unsolicited advertising, or promotional materials
Contains false, misleading, or fraudulent information about a property
4.3 Prohibited Activities for Landlords
Landlords specifically agree not to:
List properties they do not have legal authority to rent
Post fraudulent, misleading, or inaccurate property information
Discriminate against potential tenants based on race, religion, gender, disability, or other protected characteristics
Charge fees not disclosed in the listing
Use the platform to conduct illegal rental activities
List properties for purposes other than legitimate residential rentals
Post duplicate listings for the same property
Solicit or accept payments outside the platform for listing purposes (except actual rent/lease payments which are between landlord and tenant)
Refuse to honor confirmed viewings or inquiries without valid reason
4.4 Prohibited Activities for Renters
Renters specifically agree not to:
Submit false or misleading inquiries
Use the platform for purposes other than finding legitimate rental housing
Harass, threaten, or abuse landlords or other users
Misrepresent their identity, income, or rental qualifications
Attempt to bypass platform security or communication systems
Use automated systems or bots to interact with the platform
5. Content and Intellectual Property
5.1 Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GamLuwaas, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
Reproduce, distribute, modify, or create derivative works of our content
Use our trademarks, logos, or brand elements without written permission
Reverse engineer, decompile, or disassemble any part of the Services
Use our content for commercial purposes without authorization
5.2 Your Content
"User Content" means any content (including text, images, photos, videos, audio, and information) that you upload, post, or transmit through the Services.
License Grant
By posting User Content, you grant GamLuwaas a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Services.
This license allows us to:
Display your property listings to other users
Promote your listings on our platform and marketing materials
Modify content for formatting or technical requirements
Share content with third party service providers (as necessary for platform operation)
Representations and Warranties
You represent and warrant that:
You own or have necessary rights to your User Content
Your User Content does not infringe on third party rights
Your property listings are accurate and truthful
You have the legal authority to rent any property you list
5.3 Content Removal
We reserve the right to remove any User Content that violates these Terms or that we find objectionable for any reason, without prior notice. We are not liable for any removal or failure to remove content.
6. Property Listings
6.1 Listing Requirements
All property listings must:
Be for actual, available residential rental properties
Include accurate address, pricing, and property details
Contain only truthful information about the property
Use actual photos of the property (not stock photos or misleading images)
Comply with all applicable housing and rental laws
6.2 Listing Credits
Posting listings on GamLuwaas requires the purchase of listing credits:
Credits are purchased through the Billing section of your dashboard
One credit = one property listing
Credits are non refundable except as required by law
Credits do not expire while your account remains active
Unused credits are forfeited upon account deletion
We reserve the right to change credit pricing with 30 days notice
6.3 Listing Moderation
We reserve the right to:
Review listings before or after publication
Remove listings that violate our policies
Suspend listing privileges for policy violations
Require additional verification for certain listings
6.4 Listing Accuracy
You are solely responsible for ensuring your listing information is accurate and current. You must promptly update or remove listings that are no longer available. Failure to maintain accurate listings may result in account suspension.
7. Payments and Refunds
7.1 Payment Terms
All payments are processed through our payment provider, Waychit
You agree to pay all fees and charges associated with your account
Prices are in Gambian Dalasi (GMD) unless otherwise stated
You are responsible for any applicable taxes
Failed payments may result in suspension of listing privileges
7.2 Refund Policy
No Refunds for Credits: Listing credit purchases are final and non refundable, except where required by law.
Refund Exceptions: We may consider refunds in cases of:
Technical errors resulting in duplicate charges
Fraudulent transactions
Platform errors preventing credit usage
All refund requests must be submitted within 7 days of purchase.
7.3 Payment Disputes
If you dispute any charge:
Contact us first at support@gamluwaas.com
Provide detailed information about the dispute
Allow us 14 business days to investigate and respond
Chargebacks without prior contact may result in account termination
8. Communication and Messaging
8.1 Platform Communications
By using our Services, you consent to receive:
Account related notifications (security alerts, confirmations)
Inquiry notifications from potential tenants or landlords
Transaction confirmations
Service updates and announcements
8.2 Messaging Rules
When using our messaging system:
Keep communications professional and respectful
Do not share personal financial information (bank details, etc.)
Do not use messaging for purposes unrelated to rental housing
Do not send spam, promotional content, or unsolicited messages
Do not attempt to move communications off platform to avoid fees
8.3 Monitoring
We reserve the right to monitor communications for:
Compliance with these Terms
Fraud prevention
Safety and security
Quality assurance
By using our messaging system, you acknowledge that we may access message content for these purposes.
9. Termination and Suspension
9.1 Termination by You
You may terminate your account at any time through your profile settings or by contacting us. Upon termination:
Your listings will be removed from public view
Unused listing credits are forfeited
Your account data will be handled according to our Privacy Policy
9.2 Termination by Us
We may suspend or terminate your account, without prior notice or liability, for:
Violation of these Terms
Fraudulent, abusive, or illegal activity
Non payment of fees
At our sole discretion, for any reason
9.3 Effect of Termination
Upon termination:
Your right to use the Services immediately ceases
We may delete your account data (subject to legal retention requirements)
Any provisions that should survive termination will remain in effect
You remain liable for any amounts owed prior to termination
9.4 Appeal Process
If you believe your account was terminated in error, you may appeal by contacting support@gamluwaas.com with:
Your account information
Reason for appeal
Any supporting documentation
We will respond to appeals within 10 business days.
10. Disclaimers and Limitations of Liability
10.1 Service "As Is"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2 No Warranty
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, or non infringement
Warranties that the Services will be uninterrupted, timely, secure, or error free
Warranties regarding the accuracy, reliability, or completeness of any content
Warranties that any defects will be corrected
10.3 No Endorsement
We do not endorse, guarantee, or verify:
Any user, landlord, or tenant
The accuracy of any listing information
The quality, safety, or legality of any property
The truth or accuracy of any user representations
You are solely responsible for evaluating and verifying any listing or user before entering into any agreement.
10.4 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GAMLUWAAS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE
DAMAGES ARISING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES
DAMAGES ARISING FROM ANY TRANSACTIONS OR AGREEMENTS BETWEEN USERS
DAMAGES ARISING FROM PROPERTY DAMAGE, PERSONAL INJURY, OR EMOTIONAL DISTRESS
10.5 Liability Cap
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY
ONE THOUSAND GAMBIAN DALASI (GMD 1,000)
10.6 Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT:
You assume all risks when using the Services
You are responsible for verifying the identity and legitimacy of other users
You are responsible for inspecting properties before entering into any agreement
We are not responsible for the conduct, whether online or offline, of any user
11. Indemnification
You agree to defend, indemnify, and hold harmless GamLuwaas and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
Your violation of these Terms Your User Content Your use of the Services Your interaction with any other user Your violation of any rights of another party Your violation of any applicable laws or regulations
12. Third Party Links and Services
The Services may contain links to third party websites or services not owned or controlled by GamLuwaas. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.
You acknowledge and agree that GamLuwaas 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Services.
Material Changes: We will notify you via email or prominent notice at least 30 days before material changes take effect Regular Changes: Changes will be posted with an updated "Last Updated" date Continued Use: Your continued use of the Services after changes constitutes acceptance
If you do not agree to the modified Terms, you must stop using the Services.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@gamluwaas.com. We'll try to resolve the dispute informally. If we can't resolve it within 30 days, either party may bring a formal proceeding.
14.2 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding individual arbitration in Banjul, The Gambia, in accordance with the Arbitration Act of The Gambia.
You agree to waive your right to: A trial by jury Participate in class actions, class arbitrations, or representative proceedings Consolidate claims with other users' claims
14.3 Exceptions to Arbitration
Notwithstanding the above, either party may: Bring an individual action in small claims court Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm
14.4 Costs
Each party shall bear its own costs in arbitration. If you prevail, we will reimburse your arbitration fees up to GMD 5,000.
14.5 Opt-Out
You may opt out of this arbitration agreement by sending written notice to support@gamluwaas.com within 30 days of first accepting these Terms, stating your name, address, and intention to opt out.
15. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of The Gambia, without regard to its conflict of law provisions.
If the arbitration agreement in Section 14 is found unenforceable, any legal action must be brought exclusively in the courts of Banjul, The Gambia, and you consent to the jurisdiction of such courts.
16. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions shall continue in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GamLuwaas.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and GamLuwaas concerning the Services.
19. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
20 .Contact Information
If you have any questions about these Terms, please contact us:
GamLuwaas Legal Department
Email: legal@gamluwaas.com General Support: support@gamluwaas.com Address: Sukuta Highway Albaraka Junction, The Gambia Website: gamluwaas.com/terms-of-service
21. Acknowledgment
BY USING GAMLUWAAS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
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