Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the KopaStay website, mobile application, platform and related services ("Platform").

KopaStay ("KopaStay", "we", "us" or "our") is a technology platform that facilitates connections between property owners, landlords, property managers, agents, tenants and prospective tenants.

KopaStay is initially operating in Akure, Ondo State, Nigeria, and may subsequently expand to other locations.

By registering for an account, accessing the Platform, listing a property, making a booking, making a payment or otherwise using KopaStay, you agree to these Terms.

If you do not agree to these Terms, you must not use the Platform.

These Terms should be read together with KopaStay's Privacy Policy, Refund and Cancellation Policy, Landlord Code of Conduct and any other policies published on the Platform.

2. Definitions

For purposes of these Terms:

• "KopaStay" means the KopaStay platform and its owners, operators, employees, representatives, contractors and authorised service providers.
• "Platform" means the KopaStay website, mobile application, software, communication channels and related services.
• "User" means any person who accesses or uses the Platform.
• "Tenant" means a person seeking to rent, occupy or use a Property.
• "Landlord" means the owner of a Property or a person lawfully authorised to let the Property.
• "Property Manager" means a person or organisation authorised to manage or let a Property on behalf of a Landlord or property owner.
• "Agent" means a person lawfully authorised to act on behalf of a Landlord or property owner in connection with a Property.
• "Property" means residential, commercial, short-let or other premises listed on KopaStay.
• "Listing" means information displayed on the Platform concerning a Property, including photographs, descriptions, rent, availability, location, facilities, charges and other relevant information.
• "Tenancy Agreement" means an agreement between a Landlord and Tenant relating to the occupation or use of a Property.
• "Rent" means money payable by a Tenant to a Landlord or other authorised property representative for occupation or use of a Property.
• "KopaStay Fee" means any fee charged directly by KopaStay for a service provided by KopaStay.
• "Transaction" means a booking, payment, reservation, service request or other transaction facilitated through the Platform.

3. KopaStay's Role

KopaStay operates as a technology platform.

Unless expressly stated otherwise, KopaStay is not:

• the owner of a Property;
• the Landlord of a Property;
• the Tenant of a Property;
• a Property Manager;
• a party to a Tenancy Agreement;
• responsible for maintaining a Property;
• responsible for the conduct of a Landlord or Tenant; or
• a guarantor of a tenancy.

KopaStay's role is to facilitate discovery, communication, verification, transaction support and other technology-enabled services.

The contractual relationship concerning the occupation of a Property is generally between the Landlord and Tenant.

KopaStay does not assume the obligations of either party under a Tenancy Agreement.

However, KopaStay may take reasonable action within its control where a User reports fraud, harassment, abuse, safety concerns, misrepresentation or other serious misconduct occurring through or in connection with the Platform.

4. Applicable Law

KopaStay operates in accordance with applicable laws of the Federal Republic of Nigeria and the laws applicable in Ondo State.

For Properties located in Ondo State, Users must comply with applicable Ondo State laws governing landlord and tenant relationships, rent, possession, recovery of premises and related matters.

These may include applicable provisions of the Landlord and Tenant Law, Cap. 55, Laws of Ondo State 1978 and the Rent Control and Recovery of Residential Premises Law, Cap. 108, Laws of Ondo State 1978, as amended, repealed, replaced or otherwise applicable from time to time.

Where a Property is located outside Ondo State, the mandatory laws applicable to that Property shall apply.

Nothing in these Terms is intended to exclude, restrict or waive a statutory right or legal protection that cannot lawfully be excluded.

5. Eligibility

Users must be legally capable of entering into contracts under applicable law.

Where a person is below the age required to independently enter into a tenancy or other legally binding transaction, KopaStay may require the involvement of a parent, guardian or other legally authorised person.

KopaStay may refuse or restrict access where it reasonably believes that a User does not satisfy applicable eligibility requirements.

6. Account Registration

Users must provide accurate, complete and current information when creating an account.

Users must not:

• impersonate another person;
• use another person's identity without authorisation;
• submit false information;
• submit fraudulent identification documents;
• create accounts for fraudulent purposes;
• create multiple accounts to circumvent restrictions; or
• allow another person to misuse their account.

Users are responsible for maintaining the confidentiality of their account credentials.

KopaStay may suspend or terminate an account where it reasonably believes that the account has been compromised, misused or used in breach of these Terms.

7. Landlord and Property Manager Requirements

A Landlord, Property Manager or Agent listing a Property represents that:

• they are the owner of the Property or have lawful authority to list and let it;
• the Property is genuinely available for the stated purpose;
• all information supplied to KopaStay is accurate and not misleading;
• the stated rent and charges are accurate;
• photographs reasonably represent the Property;
• they have authority to receive relevant payments;
• they will comply with applicable laws;
• they will honour legitimate transactions made through the Platform;
• they will treat Tenants lawfully and respectfully; and
• they will not use KopaStay to facilitate fraud, harassment, exploitation or other unlawful activity.

KopaStay may request evidence of ownership, authority, identification or other information before approving or maintaining a Listing.

8. Property Listings

Landlords and Property Managers are responsible for ensuring that their Listings are accurate.

Listings should accurately disclose, where applicable:

• location;
• rent;
• payment schedule;
• availability;
• security deposit;
• service charges;
• utilities;
• facilities;
• restrictions;
• photographs;
• tenancy conditions; and
• other material information.

A Landlord must promptly update KopaStay where material information changes.

KopaStay may remove, modify, suspend or restrict a Listing where it reasonably believes that the Listing is inaccurate, misleading, fraudulent, unavailable or otherwise unsuitable for the Platform.

9. Property Verification

KopaStay may operate a verification system for Users and Properties.

Where a Property or User is marked "Verified", this means that the Property or User has passed the specific verification checks carried out by KopaStay.

Verification does not constitute a guarantee that:

• the Landlord owns the Property;
• the Property is free from defects;
• the Property is structurally safe;
• the Property is legally suitable for occupation;
• the Property will remain available;
• the Landlord will behave appropriately;
• the Property is free from disputes; or
• the Tenant will have a successful tenancy.

KopaStay may withdraw verification where information becomes inaccurate or circumstances change.

10. Tenant Responsibilities

Tenants must:

• provide accurate information;
• review Listings carefully;
• make reasonable enquiries about a Property before entering a tenancy;
• comply with the applicable Tenancy Agreement;
• pay Rent and other lawful charges;
• respect the Property and other occupants;
• comply with applicable laws and property rules; and
• report serious problems or misconduct through appropriate channels.

Tenants must not submit fraudulent documents, make fraudulent payment claims, harass Users or use KopaStay for unlawful purposes.

11. Landlord Responsibilities

A Landlord or Property Manager must:

• provide accurate Property information;
• respect the Tenant's lawful possession and privacy;
• comply with applicable tenancy laws;
• issue appropriate receipts or documentation where required;
• honour agreed tenancy terms;
• address legitimate maintenance or property-related concerns;
• communicate professionally with Tenants;
• avoid unlawful interference with a Tenant's occupation; and
• comply with KopaStay's Landlord Code of Conduct.

A Landlord must not use KopaStay to threaten, intimidate, exploit, harass or abuse a Tenant.

12. Tenant Safety and Zero-Tolerance Harassment Policy

KopaStay has zero tolerance for:

• sexual harassment;
• sexual exploitation;
• sexual coercion;
• sexual assault;
• stalking;
• threats;
• intimidation;
• physical violence;
• extortion;
• discriminatory harassment;
• retaliation; or
• other serious abusive conduct.

A Landlord, Property Manager, Agent or Tenant must not demand sexual activity, sexual communication, sexual favours or any other sexual conduct as a condition of renting, retaining or accessing a Property.

A Landlord must not threaten eviction, increase rent, withdraw services, restrict access or otherwise retaliate against a Tenant because the Tenant rejected sexual advances or reported misconduct.

13. Reporting Sexual Harassment or Abuse

A Tenant or other User may report sexual harassment, sexual exploitation, threats, violence or other serious misconduct through KopaStay's designated reporting channels.

Where a serious complaint is received, KopaStay may:

• restrict the accused User's account;
• temporarily suspend the Property Listing;
• restrict communication between the parties through the Platform;
• preserve relevant Platform records;
• request supporting evidence;
• investigate the complaint;
• contact the relevant parties;
• cooperate with appropriate authorities where legally permitted or required;
• permanently terminate the offending User's account; and
• take other reasonable steps to protect Users.

KopaStay may take interim protective action before a complaint has been conclusively determined.

KopaStay is not a court or law-enforcement agency and does not determine criminal guilt.

Where a User believes they are in immediate danger, they should contact the appropriate emergency or law-enforcement authority.

14. Complaints

Users may submit complaints regarding:

• Property conditions;
• false Listings;
• payment issues;
• Landlord misconduct;
• Tenant misconduct;
• harassment;
• fraud;
• unauthorised transactions;
• safety concerns; or
• other violations of these Terms.

KopaStay may request relevant evidence, including:

• screenshots;
• messages;
• photographs;
• receipts;
• payment records;
• tenancy documents;
• identification documents; or
• other relevant information.

Users should preserve evidence relating to serious incidents where it is safe and lawful to do so.

15. KopaStay's Response to Serious Safety Complaints

A safety complaint does not require the Landlord's consent before KopaStay can take protective action.

Where the Landlord fails or refuses to respond to a complaint, KopaStay may continue its investigation using the information available to it.

A Landlord's failure to respond shall not prevent KopaStay from:

• restricting the account;
• removing the Listing;
• preventing further contact;
• preserving evidence;
• communicating with the Tenant;
• referring the matter to an appropriate authority; or
• taking other reasonable Platform-level action.

KopaStay may also review the Landlord's previous complaints and Platform activity where reasonably necessary to assess safety risks.

16. Tenancy Agreements

Landlords and Tenants are responsible for entering into appropriate Tenancy Agreements.

A Tenancy Agreement should clearly identify, where applicable:

• the parties;
• Property;
• rent;
• duration;
• payment schedule;
• deposit;
• service charges;
• utilities;
• repair obligations;
• permitted use;
• notice requirements;
• renewal;
• termination;
• other applicable conditions.

KopaStay is not automatically a party to a Tenancy Agreement.

KopaStay does not create, alter or terminate a tenancy merely by displaying a Listing or facilitating communication between Users.

17. Rent, Possession and Eviction

Landlords must comply with applicable laws governing rent, possession and recovery of premises.

A Landlord must not use KopaStay to facilitate unlawful eviction, lockout, intimidation or removal of a Tenant.

Where a tenancy dispute arises, the parties should follow the applicable contractual and legal procedures for possession and recovery of premises.

KopaStay does not authorise any Landlord to bypass legally required notices, court procedures or other lawful processes.

18. Property Access and Privacy

A Landlord or Property Manager must respect a Tenant's lawful possession and privacy.

Access to occupied premises must be exercised in accordance with the Tenancy Agreement and applicable law.

A Landlord must not use property inspections, visits or access rights as a means of:

• harassment;
• intimidation;
• stalking;
• surveillance;
• sexual harassment; or
• coercion.

19. Payments

Where KopaStay provides payment functionality, Users should use KopaStay's approved payment channels.

Users should retain payment confirmations and transaction references.

KopaStay is not responsible for payments deliberately made outside approved KopaStay channels.

A User who voluntarily transfers money directly to a Landlord, Agent or other third party outside KopaStay does so at their own risk, subject to rights available under applicable law.

20. KopaStay Fees

KopaStay may charge fees for services provided through the Platform.

Applicable KopaStay Fees shall be disclosed before or at the point at which the User becomes liable for the fee, where reasonably practicable.

20.1 Non-Refundability of KopaStay Fees

KopaStay Fees paid for services that have already been rendered by KopaStay are generally non-refundable.

For example, where KopaStay has already provided a paid service such as:

• property listing;
• verification;
• administrative processing;
• platform facilitation;
• booking facilitation;
• transaction processing; or
• another completed Platform service,

the corresponding KopaStay Fee will generally not be refunded merely because the User subsequently changes their mind or a dispute arises between the Landlord and Tenant.

However, this provision does not exclude a refund or other remedy where:

• KopaStay failed to provide the service paid for;
• the payment was unauthorised;
• the payment was made in error;
• KopaStay expressly approves a refund; or
• applicable law requires a refund or other remedy.

Nothing in these Terms is intended to unlawfully exclude statutory consumer rights.

21. Rent and Other Property Payments

Rent, security deposits, service charges and other property-related payments are distinct from KopaStay Fees.

KopaStay does not automatically guarantee that Rent or other property-related payments will be refunded.

Where the Landlord is responsible for a refund, KopaStay may facilitate communication between the parties.

Where KopaStay is holding funds or operating a payment mechanism that permits a hold, reversal or refund, the applicable payment terms shall govern.

KopaStay may, where legally and operationally permitted, place a transaction on hold where there is credible evidence of:

• fraud;
• material misrepresentation;
• unauthorised payment;
• serious safety concerns;
• a Property being unavailable;
• a fraudulent Listing; or
• other serious misconduct.

KopaStay does not guarantee recovery of money owed by a Landlord unless KopaStay has expressly provided such protection.

22. Refunds Arising from Serious Misconduct

A complaint of sexual harassment, abuse or other serious misconduct does not automatically create a contractual right to a refund from KopaStay.

However, KopaStay may review the circumstances and may take appropriate action where:

• KopaStay has failed to provide a paid service;
• the Property materially differs from its Listing;
• the Landlord materially misrepresented the Property;
• the Property was unavailable;
• the transaction was fraudulent or unauthorised;
• a refund is required by applicable law; or
• KopaStay determines that an exceptional remedy is appropriate.

Any refund granted by KopaStay in exceptional circumstances does not create a general entitlement to a refund in future cases.

23. Cancellation

Cancellation rights shall depend on the nature of the transaction and the applicable cancellation terms presented to the User.

Where a transaction has a specific cancellation policy, that policy shall apply.

Users must review the applicable cancellation terms before completing a transaction.

KopaStay may take action against Users who repeatedly cancel legitimate transactions without reasonable justification.

24. Consumer Protection

KopaStay shall seek to provide Users with clear and accurate information concerning its services, fees and material transaction terms.

KopaStay shall not intentionally provide false, misleading or deceptive information concerning its services or Listings.

Nothing in these Terms is intended to deprive a consumer of rights provided by applicable Nigerian consumer protection law.

The Federal Competition and Consumer Protection Act 2018 contains provisions concerning consumer cancellation rights, fair dealings, misleading representations and unfair or unreasonable contract terms.

25. Fraud and Prohibited Activities

Users must not use KopaStay to:

• create fraudulent Listings;
• misrepresent ownership;
• impersonate another person;
• submit false documents;
• submit fake payment evidence;
• collect money for Properties they are not authorised to let;
• launder money;
• facilitate illegal transactions;
• sexually exploit or harass another User;
• threaten or intimidate another User;
• manipulate reviews;
• circumvent KopaStay Fees;
• misuse personal information;
• compromise another User's account;
• distribute malicious software; or
• engage in any unlawful activity.

KopaStay may suspend or terminate accounts involved in prohibited activity.

26. Off-Platform Transactions

KopaStay may restrict Users from deliberately moving transactions outside the Platform for the purpose of:

• avoiding KopaStay Fees;
• avoiding verification;
• circumventing safety mechanisms;
• avoiding Platform rules; or
• concealing fraudulent activity.

KopaStay shall not be responsible for losses arising solely from transactions deliberately conducted outside approved Platform channels, subject to applicable law.

27. Reviews and User Content

Users may be permitted to submit reviews, comments, photographs and other content.

Users must ensure that content submitted is truthful, lawful and does not infringe the rights of another person.

Users must not submit:

• fake reviews;
• threats;
• harassment;
• discriminatory content;
• defamatory material;
• private information without lawful authority;
• sexually explicit or exploitative content; or
• fraudulent information.

KopaStay may remove content that violates these Terms or applicable law.

28. Data Protection and Privacy

KopaStay may collect and process personal data necessary to operate the Platform.

This may include:

• names;
• phone numbers;
• email addresses;
• identification information;
• Property information;
• payment information;
• account information;
• communications;
• transaction records;
• location information;
• photographs;
• documents; and
• information provided during complaints or investigations.

KopaStay shall process personal data in accordance with applicable Nigerian data protection law, including the Nigeria Data Protection Act 2023.

KopaStay shall maintain a separate Privacy Policy explaining its data-processing practices and the rights available to Users.

Where necessary for safety, fraud prevention, legal compliance or the investigation of serious misconduct, KopaStay may process and retain relevant information in accordance with applicable law.

29. Confidentiality of Safety Reports

KopaStay will seek to handle reports of sexual harassment, abuse, fraud and other sensitive matters appropriately.

However, KopaStay cannot guarantee absolute confidentiality where disclosure is necessary or permitted for:

• compliance with law;
• protection of a person from serious harm;
• investigation of fraud;
• investigation of serious misconduct;
• responding to lawful requests from authorities; or
• protecting KopaStay's legal rights.

KopaStay will seek to limit disclosure to what is reasonably necessary.

30. Investigation and Evidence

Where reasonably necessary, KopaStay may investigate suspected breaches of these Terms.

Relevant Platform information may include:

• account information;
• messages;
• transaction records;
• payment records;
• Listing information;
• complaints;
• uploaded documents;
• photographs; and
• other information lawfully available to KopaStay.

KopaStay may preserve relevant records where necessary for safety, fraud prevention, legal compliance or dispute resolution.

31. Suspension and Termination

KopaStay may suspend, restrict or terminate a User's account where the User:

• breaches these Terms;
• provides false information;
• commits fraud;
• engages in harassment;
• presents a safety risk;
• misuses the Platform;
• violates another person's rights;
• attempts to circumvent Platform safeguards; or
• engages in unlawful activity.

KopaStay may take immediate action where necessary to protect Users or prevent further harm.

32. Consequences of Termination

Following termination:

• the User may lose access to the Platform;
• Listings may be removed;
• pending transactions may be reviewed;
• communication through the Platform may be restricted;
• relevant information may be retained where required by law; and
• obligations that should reasonably survive termination shall continue.

Termination of a KopaStay account does not automatically terminate a valid Tenancy Agreement between a Landlord and Tenant.

33. Limitation of KopaStay's Responsibility

To the extent permitted by applicable law, KopaStay is not responsible for losses arising solely from:

• inaccurate information supplied by a User;
• defects not reasonably identifiable through KopaStay's verification process;
• independent misconduct of a Landlord or Tenant;
• disputes arising from a Tenancy Agreement;
• transactions conducted outside approved KopaStay channels;
• unlawful acts committed independently by Users;
• interruption of third-party services; or
• circumstances outside KopaStay's reasonable control.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

34. No Guarantee of Property Condition

KopaStay does not guarantee that a Property:

• is free from defects;
• is safe;
• is suitable for a particular purpose;
• is structurally sound;
• is free from disputes;
• will remain available; or
• will meet a User's expectations.

Users should conduct reasonable due diligence before entering into a tenancy.

35. Indemnification

To the extent permitted by applicable law, a User agrees to indemnify KopaStay against claims, losses, liabilities and reasonable expenses arising from the User's:

• breach of these Terms;
• fraudulent conduct;
• unlawful conduct;
• misuse of the Platform;
• infringement of another person's rights; or
• violation of applicable law.

This clause does not apply to the extent that the relevant loss was caused by KopaStay's own unlawful conduct, negligence or other liability that cannot legally be excluded.

36. Intellectual Property

KopaStay owns or has appropriate rights to the Platform's software, branding, design, graphics, trademarks, text and other proprietary materials.

Users must not reproduce, modify, distribute, reverse engineer, exploit or commercially use KopaStay's proprietary materials without appropriate authorisation.

Users retain ownership of content they lawfully own and upload to the Platform, subject to the licence reasonably necessary for KopaStay to operate its services.

37. Third-Party Services

KopaStay may use third-party providers for:

• payment processing;
• identity verification;
• hosting;
• communications;
• mapping;
• analytics;
• security; and
• other services.

Third-party providers may have their own terms and privacy policies.

38. Platform Availability

KopaStay aims to maintain reliable Platform availability but does not guarantee uninterrupted or error-free operation.

The Platform may become temporarily unavailable due to:

• maintenance;
• technical failures;
• cybersecurity incidents;
• telecommunications failures;
• third-party service interruptions;
• regulatory requirements; or
• circumstances beyond KopaStay's reasonable control.

39. Disputes Between Users

KopaStay may assist in facilitating communication between Landlords and Tenants.

However, KopaStay is not a court, tribunal or law-enforcement agency.

Tenancy disputes may be resolved through appropriate legal or alternative dispute-resolution mechanisms available under applicable law.

Where appropriate, Users may seek assistance from:

• legal practitioners;
• mediation or dispute-resolution services;
• appropriate government agencies;
• law-enforcement authorities; or
• courts of competent jurisdiction.

KopaStay may cooperate with lawful requests from competent authorities.

40. Criminal Conduct

Nothing in these Terms prevents a User from reporting suspected criminal conduct to the appropriate authorities.

KopaStay may cooperate with law-enforcement or other competent authorities where legally required or permitted.

KopaStay may also preserve relevant Platform records in connection with suspected criminal activity.

41. Changes to These Terms

KopaStay may update these Terms from time to time.

Where material changes are made, KopaStay may notify Users through the Platform, email or other appropriate means.

Continued use of KopaStay after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

42. Governing Law

These Terms shall be governed by the laws of the Federal Republic of Nigeria.

For Properties located in Ondo State, applicable laws of Ondo State concerning the relevant Property and tenancy shall apply.

Where a mandatory provision of applicable law conflicts with these Terms, the mandatory provision shall prevail.

43. Jurisdiction

Subject to any mandatory statutory jurisdiction or dispute-resolution mechanism, disputes concerning these Terms may be brought before a court of competent jurisdiction in Nigeria.

Where a dispute concerns a tenancy or Property, the appropriate court or authority having jurisdiction under applicable law shall determine the matter.

44. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be modified or interpreted to the minimum extent necessary to make it enforceable where legally possible.

The remaining provisions shall remain effective.

45. Entire Agreement

These Terms, the KopaStay Privacy Policy, Refund and Cancellation Policy, Landlord Code of Conduct and any applicable transaction-specific terms constitute the agreement governing use of the Platform.

Where specific terms apply to a particular service, those terms shall also apply.

46. Contact and Complaints

Users may contact KopaStay through the official support channels displayed on the Platform.

• Email: TBD
• Phone: TBD
• Website: TBD
• Registered Address: TBD

For safety-related complaints, KopaStay should provide a clearly identifiable reporting channel.

47. User Acceptance

By creating an account, listing a Property, making a booking, making a payment or using KopaStay, the User confirms that they:

• have read these Terms;
• understand these Terms;
• agree to comply with these Terms; and
• understand that KopaStay is a technology platform and not automatically a party to the tenancy relationship.

By clicking "I Agree", creating an account or continuing to use KopaStay, you agree to these Terms and Conditions.