Welcome to Kwathu. These Terms of Service (“Terms”) govern your access to and use of the Kwathu mobile app and related services (the “Service”), operated by Skywares Systems. By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use Kwathu.
Contents
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use Kwathu. By using the Service you confirm that you meet these requirements and that the information you provide is accurate.
2. Your account
You register with your phone number and are responsible for keeping your account secure. You agree not to share your login, and to notify us of any unauthorised use. You are responsible for activity that occurs under your account.
3. Marketplace role
Kwathu is a platform that connects people looking for property with people offering it. We are not a party to any rental or sale agreement between users, we are not an estate agent, and we do not own, manage or inspect the properties listed. Any agreement, payment or arrangement you make with another user is solely between you and that user.
4. Listings & conduct
If you post a listing, you confirm that you have the right to offer the property and that your listing is truthful, lawful and not misleading. You agree not to:
- Post false, fraudulent, duplicate or misleading listings;
- List property you have no right to offer;
- Harass, defraud, or abuse other users;
- Solicit payments off-platform in order to circumvent our safety measures;
- Upload content that is unlawful, offensive, or infringes another person's rights; or
- Interfere with, scrape, or attempt to break the security of the Service.
We may review, moderate, reject or remove any content and may suspend accounts that breach these Terms.
5. Premium & payments
Kwathu offers an optional Premium subscription that unlocks features such as instant SMS alerts and unlimited saved searches. Premium is billed through our mobile-money payment partner. Prices, billing period and features are shown in the app at the time of purchase. Except where required by law, payments are non-refundable. We may change Premium features or pricing with reasonable notice.
6. Safety & fraud
To protect our community, we operate automated and manual fraud checks, may scan in-app messages for scam indicators, and may flag, restrict, or ban accounts and listings. Always exercise caution: view a property in person before paying anything, never send money to someone you have not met, and report suspicious activity in the app. See our Privacy Policy for how these checks work.
7. Content & intellectual property
You keep ownership of the content you submit (such as listing photos and text), but you grant Kwathu a non-exclusive, royalty-free licence to host, display and distribute that content as needed to operate and promote the Service. The Kwathu name, logo, app and software are owned by Skywares Systems and may not be copied or used without permission.
8. Disclaimers
The Service is provided “as is” and “as available”. While we work hard to verify listings and prevent fraud, we do not guarantee the accuracy, quality, legality or availability of any listing or user, and we cannot guarantee that the Service will be uninterrupted or error-free. Your dealings with other users are at your own risk.
9. Limitation of liability
To the maximum extent permitted by law, Skywares Systems is not liable for any indirect, incidental or consequential loss, or for any loss arising from your dealings with other users or from your use of, or inability to use, the Service. Nothing in these Terms excludes liability that cannot be excluded under Malawian law.
10. Suspension & termination
You may stop using Kwathu and delete your account at any time (see Delete your account). We may suspend or terminate your access if you breach these Terms, create risk or legal exposure, or engage in fraud or abuse.
11. Governing law
These Terms are governed by the laws of the Republic of Malawi, and any disputes will be subject to the jurisdiction of the Malawian courts.