These terms cover the website and the portal, that is, the software. They are not your tenancy agreement. Your rights and obligations as a tenant (rent, notice, deposit, repairs, eviction) come from the tenancy agreement you sign and from Kenyan law. If anything here ever appears to conflict with your tenancy agreement, the tenancy agreement prevails.
1. Accepting these terms
By using this website, submitting an application, or signing in to the resident portal, you agree to these terms. If you do not agree with them, please do not use the service. You can still contact the office by phone and deal with us directly.
You must be at least 18 years old to submit an application or hold a portal account.
2. What these terms cover, and what they do not
They cover: the public website, the tenant application form, and the resident portal.
They do not cover: your tenancy. Rent, the deposit, notice periods, repairs, quiet enjoyment, termination and every other right and obligation of landlord and tenant are governed by the tenancy agreement you sign and by the applicable law of Kenya, including the Rent Restriction Act (Cap 296) where it applies to the premises.
Nothing in these terms limits, replaces or waives any right you have as a tenant under Kenyan law. Where these terms and that law differ, the law prevails.
3. Applying for a room
- Submitting the form does not reserve a room, and is not an agreement to let one. It is a request that a person will read.
- Room availability shown on the form is a guide, not a promise. Rooms are let continuously. A room shown as available when you apply may be taken by the time your application is reviewed. If that happens we will tell you and offer you the choice of another room.
- The information you give must be true. Giving a false name, identity number or phone number, or applying on someone else's behalf without their knowledge, is grounds for refusing the application, and, if discovered later, for action under your tenancy agreement.
- Rent is quoted to you, not published here. The rent and deposit for a specific room are confirmed to you before you commit to anything. Nothing on this website is an offer capable of acceptance.
4. How applications are decided
Applications are reviewed by management. We may approve, decline, ask you for more information, or offer you a different room. We are not obliged to give reasons for a decision, and we may decline an application without stating a reason, but we will never decline one on any ground prohibited by Article 27 of the Constitution of Kenya.
Your tenancy begins only when a tenancy agreement is entered into and any required deposit and first rent are paid, not when your application is marked approved in this system.
5. Your portal account
- Accounts are created by management. You cannot register for one yourself.
- Your account is personal to you. Do not share your password or let anyone else sign in as you. Anything done through your account is treated as done by you.
- Nobody at 2M Residence can see your password. If you forget it we send you a reset link; we cannot look it up or read it to you, and any person claiming otherwise is not acting for us.
- Tell us immediately if you believe someone else has access to your account.
- Your account shows your own records only. Attempting to reach anyone else's is a breach of these terms.
6. Accuracy of what the portal shows
We take care that your balance, charges, payments and meter readings are correct, and the portal is designed so that each figure can be traced back to the record behind it.
Errors are nonetheless possible. If you think a figure is wrong, tell the office. A balance shown in the portal is our record of your account, not a demand for payment or a final determination of what you owe, and correcting a genuine error costs you nothing.
7. Acceptable use
You agree not to:
- attempt to access any account, record or part of the system you have not been given;
- attempt to interfere with, probe, overload or disrupt the service;
- submit applications in bulk, automatically, or in anyone else's name without their consent;
- upload anything unlawful, abusive or malicious;
- copy, extract or reuse data from the system other than your own records; or
- misrepresent who you are.
Access to the system is recorded. Unauthorised access to a computer system is a criminal offence in Kenya under the Computer Misuse and Cybercrimes Act, 2018.
8. Availability of the service
We try to keep the service available, but we do not guarantee it will be uninterrupted or error-free. It may be unavailable for maintenance, or because of a failure at a supplier, a network or a power outage.
The portal is a convenience, not the only way to deal with us. If it is unavailable, the office is open and reachable by phone, and your tenancy is entirely unaffected. Rent remains due and payable as your tenancy agreement provides, and no right of yours is lost because a website was down.
9. Our liability
To the extent permitted by law, we are not liable for indirect or consequential loss arising from your use of, or inability to use, this website or the portal.
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded, including our obligations as a landlord and our obligations as a data controller under the Data Protection Act, 2019.
10. Suspending or ending access
We may suspend or withdraw a portal account where an account is being misused, where these terms are breached, or when a tenancy ends.
11. Your personal data
How we collect, use, store and protect your personal data is set out in our Privacy Policy, which forms part of these terms. It explains your rights under the Data Protection Act, 2019 and how to exercise them.
12. Ownership
The 2M Residence name, logo and the content of this website belong to us. You may print or save your own records from the portal for your own use. You may not copy or reuse anything else from the site for commercial purposes without our written permission.
13. Changes to these terms
We may update these terms. The date at the top shows when they last changed. Where a change materially affects tenants, we will tell you directly rather than relying on you noticing. Continuing to use the service after a change means you accept the updated terms.
14. Governing law and disputes
These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction over any dispute arising from them.
Please talk to us first. Most disagreements about a balance or a charge are settled in a conversation at the office with the records open. Nothing in this section prevents you from complaining to the Office of the Data Protection Commissioner about a data protection matter, or from pursuing any remedy available to you as a tenant.
15. Contact us
2M Residence
P.O. Box 131, Nyamache, Kenya
Phone: +254 790 541101
Email: info@2mresidence.co.ke
See also our Privacy Policy and the help guide.