Welcome to Optiven Connect (the “App”). These terms and conditions (“Terms and Conditions”) apply to the App and the Website and are subject to Optiven’s Privacy Statement and Policy. Any amendments or variations made to the Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on https://www.optiven.co.ke/ (“Website”)

These terms and conditions come into effect immediately you register for or access. The Optiven Connect App. We will automatically onboard you on the portal unless you choose to opt out. This agreement applies if you have purchased a plot with us and wish to access the Optiven connect portal and it explains our obligations to you and your obligations to us.

1. ELIGIBILITY OF USE

  • Optiven Connect (the “App”) is exclusively available to individuals, groups, or companies (the “User”) who are clients of Optiven Group and have purchased a plot with us.
  • Access to the App is granted only to individuals or entities whose purchase details are already registered with Optiven Group at the time of the initial plot purchase.

2. TRAINING

  • The Administrator shall create an easy-to-follow on-boarding process upon registration

3. USER ACCOUNT

  • This app is available to individuals who have bought a property with Optiven Group. User accounts are pre-generated by Optiven Group using information provided during the plot purchase process. You are required to register to access the account using an email and password.
  • You are responsible for maintaining the confidentiality of your account name and any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorized use of your account and/or password.
  • By providing your contact information such as phone number and email address, you agree to receive information including but not limited to plot availability on the various projects offered by Optiven Limited.
  • If the Administrator believes that there is likely to be a breach of security or misuse of the System, we may require, you to change your password or we may suspend your account.
  • We shall not be responsible or liable in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with these Terms and Conditions.
  • You shall be able to access the materials and resources on the system such as the project details, links and reporting structures.

4. CONTENT

  • The Content on the system including promotional materials shall be the same as those on the website and Amani and are the sole property of Optiven Limited.
  • The System will allow you to share links for referral, the links will unique to you. Referrals must be new clients who have never purchased a property with Optiven.
  • A referral is considered successful when the referred individual or entity completes fifty percent of the purchase and a hundred percent of the purchase.
  • You will earn a reward based on referral structure outlined on the App. You may choose to claim your reward or donate it to the Optiven Foundation.
  • The Administrator will have to approve your balances for the reward to be automatically disbursed on pre-defined payment cycles. The preferred mode of payment is M-Pesa or bank.
  • You can view your payment history and pending earnings on the App.
  • Claw back will apply in the event of a purchase cancellation. The Claw back shall apply against the reward paid towards the Purchase and shall be refundable to the Principal by you. In the alternative, the claw back shall be applied to rewards due to you. Rewards will be void if the referral is found to violate these terms or the program rules.

5. APP UPDATES & MAINTENANCE

  • Optiven Group reserves the right to update, modify, or discontinue any features of the App at any time without prior notice.
  • Scheduled maintenance and unforeseen technical issues may result in temporary services interruptions. You will be notified whenever possible.

6. THIRD-PARTY INTEGRATIONS

  • The App may contain links or integrations to third-party services. Optiven Group is not responsible for the practices, content, or policies of these third-party services.

7. CONFIDENTIALITY

  • By usage of the System, you subject yourself to adherence to Optiven’s Privacy Statement and Policy as well as the Data Protection Act, 2019. You shall not disclose any information to unauthorized third parties without the express consent of Optiven Limited.

8. APPLICABLE LAW

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided by Kenyan courts.

9. SUPPORT

  • You shall communicate with the Administrator using a messaging system or email to get support from the Administrator.

10. INDEMNITY

  • You hereby indemnify and hold harmless Optiven Limited, its owners, licensees, affiliates, subsidiaries and their respective officers, directors, agents, and employees, against any actions and costs arising out of your breach of these Terms and Conditions.

11. TERMINATION

  • Optiven Limited may suspend or terminate your access to the System upon your breach of these Terms or upon the occurrence of fraud. Upon any termination of your access to the System, you shall immediately cease all access to and use of the System and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the System in whole or in part.
  • If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of Optiven Limited in operating the System, kindly feel free to contact us via email automation@optiven.co.ke