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Privacy Policy – My Shamba Digital Property Listings

Thank you for using My Shamba Digital Property Listings!

These Terms of Service for Users (“Terms”) are a binding legal agreement between you and My Shamba Digital Property Listings that govern your use of the websites, applications, and other offerings from My Shamba Digital Property Listings (collectively, the “My Shamba Digital Property Listings Platform”). When used in these Terms, “My Shamba Digital Property Listings,” “we,” “us,” or “our” refers to the My Shamba Digital Property Listings entity set out on Schedule 1 with whom you are contracting.

The My Shamba Digital Property Listings Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the My Shamba Digital Property Listings Platform, and must keep your account information accurate. As the provider of the My Shamba Digital Property Listings Platform, My Shamba Digital Property Listings does not own, control, offer or manage any Listings or Host Services. My Shamba Digital Property Listings is not a party to the contracts concluded directly between Hosts and Guests, nor is My Shamba Digital Property Listings a real estate broker, insurer or an organiser or retailer of travel packages. My Shamba Digital Property Listings is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). 

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the My Shamba Digital Property Listings payment entities (“My Shamba Digital Property Listings Payments“).

If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.

TERMS AND CONDITIONS OF SERVICE

1. OUR MISSION.

Our mission is to create a world where you can belong anywhere. From cabins to castles to cooking classes, browse through millions of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Guest reviews. If you have questions, just message the Host.

2. SEARCHING AND BOOKING ON MY SHAMBA DIGITAL PROPERTY LISTINGS.

2.1 Searching.

 You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. 

2.2 Booking.

 When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like My Shamba Digital Property Listings  service feeoffline feestaxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that My Shamba Digital Property Listings Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

2.3 Accommodation Reservations

An Accommodation reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: 

  1. It is reasonably necessary,
  2. Permitted by your contract with the Host, and
  3. Consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.

2.4 Reservations for Experiences and Other Host Services.

An Experience or other Host Service reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process.

3. CANCELLATIONS, TRAVEL ISSUES, REFUNDS AND BOOKING MODIFICATIONS.

3.1 Cancellations, Travel Issues, and Refunds.

 In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Guest Refund Policy. Different policies apply to certain categories of Listings; for example Experiences reservations are governed by the Experiences Guest Refund Policy. See each Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by My Shamba Digital Property Listings by contacting our customer service.

3.2 Booking Modifications

Hosts and Guests are responsible for any booking modifications they agree to make via the My Shamba Digital Property Listings Platform or direct My Shamba Digital Property Listings customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

4. YOUR RESPONSIBILITIES.

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: 

  1. You are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, and
  2. You must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

HOST TERMS

5. Hosting on My Shamba Digital Property Listings

5.1 Host

As a Host, My Shamba Digital Property Listings offers you the opportunity to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.

5.2 Contracting with Guests

When you accept a booking request, or receive a booking confirmation through the My Shamba Digital Property Listings Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like  My Shamba Digital Property Listings service fee (and applicable taxes) for each booking. My Shamba Digital Property Listings Payments will deduct amounts you owe from your payout unless we and you agree to a different method. 

Any terms or conditions that you include in any supplement contract with Guests must: 

  1. be consistent with these Terms, our Policies, and the information provided in your Listing, and
  2.  be prominently disclosed in your Listing description.

5.3 Independence of Hosts

Your relationship with My Shamba Digital Property Listings is that of an independent individual or entity and not an employee, agent, joint venturer or partner of My Shamba Digital Property Listings, except that My Shamba Digital Property Listings Payments acts as a payment collection agent as described in the Payments Terms. My Shamba Digital Property Listings does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.

6. MANAGING YOUR LISTING.

6.1 Creating and Managing Your Listing.

 The My Shamba Digital Property Listings Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, security deposits, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.

6.2 Know Your Legal Obligations.

 You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

6.3 Search Ranking

The ranking of Listings in search results on the My Shamba Digital Property Listings Platform depends on a variety of factors, including these main parameters:

  • Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),
  • Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
  • Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
  • Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).

Search results may appear different on our mobile application than they appear on our website. My Shamba Digital Property Listings may allow Hosts to promote their Listings in search or elsewhere on the My Shamba Digital Property Listings Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.

6.4 Your Responsibilities

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the My Shamba Digital Property Listings Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the My Shamba Digital Property Listings Platform in violation of our Off-Platform Policy.

6.5 Hosting as a Team or Organization

If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct My Shamba Digital Property Listings to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

7. CANCELLATIONS, TRAVEL ISSUES, AND BOOKING MODIFICATIONS.

7.1 Cancellations and Travel Issues

In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences

If: 

  1. a Guest experiences a Travel Issue (as defined by the Guest Refund Policy),
  2. an Extenuating Circumstance arises, or 
  3. a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. 

If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by My Shamba Digital Property Listings exceeds your payout, (via My Shamba Digital Property Listings Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that My Shamba Digital Property Listings Guest Refund PolicyExtenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation PolicyExperiences Guest Refund Policy and different cancellation fees and consequences apply to your reservations. You may appeal a decision by My Shamba Digital Property Listings by contacting our customer service.

7.2 Booking Modifications

Hosts and Guests are responsible for any Booking Modifications they agree to make via the My Shamba Digital Property Listings Platform or direct My Shamba Digital Property Listings customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

8. TAXES.

8.1 Host Taxes

As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes“).

8.2 Collection and Remittance by My Shamba Digital Property Listings

In jurisdictions where My Shamba Digital Property Listings facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize My Shamba Digital Property Listings to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by My Shamba Digital Property Listings are identified to Members on their transaction records, as applicable. My Shamba Digital Property Listings may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by My Shamba Digital Property Listings is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

8.3 Tax Information.

 In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that My Shamba Digital Property Listings may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.

GENERAL TERMS

9. REVIEWS.

After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by My Shamba Digital Property Listings for accuracy and may be incorrect or misleading.

10. CONTENT.

Parts of the My Shamba Digital Property Listings Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant My Shamba Digital Property Listings a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the My Shamba Digital Property Listings Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where My Shamba Digital Property Listings pays for the creation of Content or facilitates its creation, My Shamba Digital Property Listings may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant My Shamba Digital Property Listings the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that My Shamba Digital Property Listings may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. My Shamba Digital Property Listings does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

11. FEES.

My Shamba Digital Property Listings may charge fees (and applicable Taxes) to Hosts and Guests for use of the My Shamba Digital Property Listings Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the My Shamba Digital Property Listings Platform, service fees are non-refundable.

 My Shamba Digital Property Listings reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.

12. MY SHAMBA DIGITAL PROPERTY LISTINGS PLATFORM RULES.

12.1 Rules

You must follow these rules and must not help or induce others to break or circumvent these rules.

  • Act with integrity and treat others with respect
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Follow our Nondiscrimination Policy and do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the My Shamba Digital Property Listings Platform
    • Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the My Shamba Digital Property Listings Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the My Shamba Digital Property Listings Platform or Content.
    • Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the My Shamba Digital Property Listings Platform.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the My Shamba Digital Property Listings Platform.
  • Only use the My Shamba Digital Property Listings Platform as authorized by these Terms or another agreement with us
    • You may only use another Member’s personal information as necessary to facilitate a transaction using the My Shamba Digital Property Listings Platform as authorized by these Terms.
    • Do not use the My Shamba Digital Property Listings Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
    • You may use Content made available through the My Shamba Digital Property Listings Platform solely as necessary to enable your use of the My Shamba Digital Property Listings Platform as a Guest or Host.
    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not request, make or accept a booking or any payment outside of the My Shamba Digital Property Listings Platform to avoid paying fees, taxes or for any other reason. 
    • Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by My Shamba Digital Property Listings.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not book Host Services unless you are actually using the Host Services.
    • Do not use, copy, display, mirror or frame the My Shamba Digital Property Listings Platform, any Content, any My Shamba Digital Property Listings branding, or any page layout or design without our consent.
  • Honor your legal obligations
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: 
  1. must do so in compliance with applicable law,
  2. must be authorized to do so, and 
  3. authorize us to process that information under our Privacy Policy.
  • Read and follow our Terms, Policies and Standards.
  • Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
  • Do not use the name, logo, branding, or trademarks of My Shamba Digital Property Listings or others without permission.
  • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with My Shamba Digital Property Listings branding.
  • Do not offer Host Services that violate the laws or agreements that apply to you.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

12.2 Reporting Violations

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting My Shamba Digital Property Listings. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to My Shamba Digital Property Listings. If you reported an issue to local authorities, My Shamba Digital Property Listings may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

12.3 Copyright Notifications

If you believe that Content on the My Shamba Digital Property Listings Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

13. TERMINATION, SUSPENSION AND OTHER MEASURES.

13.1 Term

The agreement between you and My Shamba Digital Property Listings reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.

13.2 Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. My Shamba Digital Property Listings may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. 

My Shamba Digital Property Listings may also terminate this agreement immediately and without prior notice and stop providing access to the My Shamba Digital Property Listings Platform if

  1. You materially breach these Terms or our Policies,
  2. You violate applicable laws, or 
  3. Such action is necessary to protect the personal safety or property of My Shamba Digital Property Listings, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or 
  4. Your account has been inactive for more than two years.

13.3 Member Violations.

 If

  1. You breach these Terms, our Policies, or our Standards
  2. You violate applicable laws, regulations or third party rights, 
  3. You have repeatedly received poor Reviews or My Shamba Digital Property Listings otherwise becomes aware of or has received complaints about your performance or conduct, 
  4. You have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or 
  5. such action is necessary to protect the personal safety or property of My Shamba Digital Property Listings, its Members, or third parties, My Shamba Digital Property Listings may:
  • Suspend or limit your access to or use of the My Shamba Digital Property Listings Platform and/or your account;
  • Suspend or remove Listings, Reviews, or other Content;
  • Cancel pending or confirmed bookings; or
  • Suspend or revoke any special status associated with your account.

In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by My Shamba Digital Property Listings and an opportunity to resolve the issue, unless such notification would 

  1. Prevent or impede the detection or prevention of fraud or other illegal activities,
  2.  Harm the legitimate interests of other Members or third parties, or
  3. Contravene applicable laws.

13.4 Legal Mandates

My Shamba Digital Property Listings may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.

13.5 Effect of Termination

If you are a Host and terminate your My Shamba Digital Property Listings account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the My Shamba Digital Property Listings Platform has been limited, or your My Shamba Digital Property Listings account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the My Shamba Digital Property Listings Platform through an account of another Member.

13.6 Appeal.

If My Shamba Digital Property Listings takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.

14. MODIFICATION OF THESE TERMS.

My Shamba Digital Property Listings may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the My Shamba Digital Property Listings Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the My Shamba Digital Property Listings Platform will constitute acceptance of the revised Terms.

15. RESOLVING COMPLAINTS AND DAMAGE CLAIMS.

If a Member provides evidence that another Member has culpably damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to My Shamba Digital Property Listings, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or My Shamba Digital Property Listings determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, My Shamba Digital Property Listings via My Shamba Digital Property Listings Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. My Shamba Digital Property Listings may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information My Shamba Digital Property Listings requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by My Shamba Digital Property Listings by contacting our customer service. Any decisions made by My Shamba Digital Property Listings in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.

16. MY SHAMBA DIGITAL PROPERTY LISTINGS ROLE.

We offer a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. My Shamba Digital Property Listings is not and does not become a party to or other participant in any contractual relationship between Members. My Shamba Digital Property Listings is not acting as an agent for any Member except for where My Shamba Digital Property Listings Payments acts as a collection agent as provided in the Payments Terms. 

While we work hard to ensure our Members have great experiences using My Shamba Digital Property Listings, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee 

  1. The existence, quality, safety, suitability, or legality of any Listings or Host Services or 
  2. The truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that My Shamba Digital Property Listings has no general obligation to monitor the use of the My Shamba Digital Property Listings Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to:
  1. operate, secure and improve the My Shamba Digital Property Listings Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); 
  2. ensure Members’ compliance with these Terms; 
  3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; 
  4. address Member Content that we determine is harmful or objectionable; 
  5. take actions set out in these Terms; and 
  6. maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would 
  • Prevent or impede the detection or prevention of fraud or other illegal activities,
  • Harm the legitimate interests of other Members or third parties, or 
  • Contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist My Shamba Digital Property Listings in good faith, and to provide My Shamba Digital Property Listings with such information and take such actions as may be reasonably requested by My Shamba Digital Property Listings with respect to any investigation undertaken by My Shamba Digital Property Listings regarding the use or abuse of the My Shamba Digital Property Listings Platform.

17. MEMBER ACCOUNTS.

You must register an account to access and use many features of the My Shamba Digital Property Listings Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older.

 You represent and warrant that you are not a person or entity barred from using the My Shamba Digital Property Listings Platform under the Laws of Kenya, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify My Shamba Digital Property Listings if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your My Shamba Digital Property Listings Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). 

If and as permitted by applicable law, we may, but have no obligation to 

  1. Ask you to provide identification or other information,
  2.  Undertake checks designed to help verify your identity or background,
  3. Screen you against third-party databases or other sources and request reports from service providers, and 
  4. Obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

18. DISCLAIMER.

We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or My Shamba Digital Property Listings has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the My Shamba Digital Property Listings Platform. My Shamba Digital Property Listings may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the My Shamba Digital Property Listings Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the My Shamba Digital Property Listings Platform.

19. LIABILITY.

My Shamba Digital Property Listings is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents My Shamba Digital Property Listings liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of My Shamba Digital Property Listings in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of My Shamba Digital Property Listings is excluded.

20. INDEMNIFICATION.

To the maximum extent permitted by applicable law, you agree to release, defend (at My Shamba Digital Property Listings option), indemnify, and hold My Shamba Digital Property Listings (including My Shamba Digital Property Listings Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. Your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards
  2. Your improper use of the My Shamba Digital Property Listings Platform, 
  3. Your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, 
  4. Your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or 
  5. Your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

21. CONTRACTING ENTITIES.

Based on your country of residence or establishment and what you are doing on the My Shamba Digital Property Listings Platform, Schedule 1 below sets out the My Shamba Digital Property Listings entity with whom you are contracting. If we identify through the My Shamba Digital Property Listings Platform, an My Shamba Digital Property Listings entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the My Shamba Digital Property Listings entity so identified is your contracting entity with respect to that product, feature or transaction. 

22. APPLICABLE LAW AND JURISDICTION.

These Terms are governed by and construed in accordance with Kenyan law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of My Shamba Digital Property Listings place of business. If My Shamba Digital Property Listings wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Kenyan courts.

23. MISCELLANEOUS.

23.1 Interpreting these Terms

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between My Shamba Digital Property Listings and you pertaining to your access to or use of the My Shamba Digital Property Listings Platform and supersede any and all prior oral or written understandings or agreements between My Shamba Digital Property Listings and you. 

These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and My Shamba Digital Property Listings. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

23.2 No Waiver

My Shamba Digital Property Listings failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

23.3 Assignment

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without My Shamba Digital Property Listings prior written consent. My Shamba Digital Property Listings may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.

23.4 Notice.

 Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by My Shamba Digital Property Listings via email, My Shamba Digital Property Listings Platform notification, messaging service (including SMS ), or any other contact method we enable you to provide. 

23.5 Third-Party Services

The My Shamba Digital Property Listings Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. My Shamba Digital Property Listings is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

23.6 Google Terms

Some translations on the My Shamba Digital Property Listings Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the My Shamba Digital Property Listings Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

23.7 Apple Terms.

 If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

23.8 My Shamba Digital Property Listings Platform Content.

 Content made available through the My Shamba Digital Property Listings Platform may be protected by copyright, trademark, and/or other laws of Kenya and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of My Shamba Digital Property Listings and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the My Shamba Digital Property Listings Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. 

Subject to your compliance with these Terms, My Shamba Digital Property Listings grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to

  1. download and use the Application on your personal device(s); and 
  2. access and view the Content made available on or through the My Shamba Digital Property Listings Platform and accessible to you, solely for your personal and non-commercial use.

23.9 Force Majeure.

 My Shamba Digital Property Listings shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23.10 Emails and SMS

You will receive administrative communications from us using the email address or other contact information you provide for your My Shamba Digital Property Listings account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an My Shamba Digital Property Listings Account. 

23.11 Contact Us

If you have any questions about these Terms please email us.

24. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.

24.1 Application.

 This Arbitration Agreement only applies to you if your country of residence or establishment is Kenya. If your country of residence or establishment is not Kenya, and you nevertheless attempt to bring any legal claim against My Shamba Digital Property Listings in Kenya, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

24.2 Overview of Dispute Resolution Process

My Shamba Digital Property Listings is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: 

(1) An informal negotiation directly with My Shamba Digital Property Listings customer service team (described in paragraph 24.3, below), and if necessary

 (2) A binding arbitration administered by the Chartered Institute of Arbitrators CIArb Kenya. You and My Shamba Digital Property Listings each retain the right to seek relief in small claims court as an alternative to arbitration.

24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to initiating an arbitration, you and My Shamba Digital Property Listings each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to My Shamba Digital Property Listings by mailing it to My Shamba Digital Property Listings agent for service: Kiptui Kipkemei And Company Advocates, Furaha Apartments, Unit 5, Off Argwings Kodhek Road, P.O Box 61435-00200, Nairobi.

My Shamba Digital Property Listings will send its notice of dispute to the email address associated with your My Shamba Digital Property Listings account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 

24.4 Agreement to Arbitrate.

 You and My Shamba Digital Property Listings mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the My Shamba Digital Property Listings Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and My Shamba Digital Property Listings agree that the arbitrator will decide that issue.

24.5 Exceptions to Arbitration Agreement

You and My Shamba Digital Property Listings each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction 

  1. any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
  2. any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or 

24.6 Arbitration Rules and Governing Law.

 This Arbitration Agreement evidences a transaction in interstate commerce and the Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by Chartered Institute of Arbitrators (CIArb) Kenya.

24.7 Arbitrator’s Decision

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

24.8 Trial Waiver

You and My Shamba Digital Property Listings acknowledge and agree that we are each waiving the right to a trial as to all arbitrable Disputes.

24.9 No Class Actions or Representative Proceedings

You and My Shamba Digital Property Listings acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

24.10 Severability.

Except as provided in Section 24.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

24.11 Changes to Agreement to Arbitrate.

 If My Shamba Digital Property Listings changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and My Shamba Digital Property Listings (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and My Shamba Digital Property Listings.

24.12 Survival.

 Except as provided in Section 24.11, Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the My Shamba Digital Property Listings Platform or terminate your My Shamba Digital Property Listings Account.

26. TERMINATION, SUSPENSION AND OTHER MEASURES.

In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.

27. COMPLAINTS HANDLING AND MEDIATION.

We want to be transparent about how we handle complaints and aim to treat all Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.

28. ACCESS TO DATA.

Users have access to personal and other data in their My Shamba Digital Property Listings account and host dashboard which is provided by the User, their Guests or generated through the use of the My Shamba Digital Property Listings Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.

29. ADDITIONAL DISTRIBUTION CHANNELS.

My Shamba Digital Property Listings operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for My Shamba Digital Property Listings published on third party websites from time to time.

MY SHAMBA DIGITAL PROPERTY LISTINGS SAFETY COMMUNITY POLICY

HOST AND GUEST SAFETY

What We Do Allow

  • Self Defense:

 If you’re ever physically attacked during a stay or Experience, you’re allowed to defend yourself with proportionate force until the danger has ceased.

  • Permitted Weapons: 

With the exception of explosive or incendiary devices and assault weapons, as a guest, you may bring legally-owned weapons or non-lethal weapons only if safely secured and disclosed to your Host prior to arrival. As a Host, you may keep legally-owned weapons in your accommodation provided that they are safely secured; weapons must also be disclosed if they are located in plain sight or in a way that is discoverable by guests. Learn more about our rules around weapons in a listing.

What We Don’t Allow

  • Threats or abuse:

 Threats, violence, or abuse towards others, including intimate partners, children, animals, and ill or disabled people, have no place in our community.

  • Sexual assault and misconduct:

 Sexual assault and sexual misconduct of any kind are prohibited. Any unwanted or unsolicited touching, flirtatious or sexual behaviors, or conversations into personal relationships or sexual preferences are not acceptable.

  • Dangerous or illegal animals: 

Any animal whose breed or species is illegal to own in the location of the listing or Experience is prohibited. Domestic, farm, and wild animals that may present a safety risk during a reservation must be properly contained and proactively disclosed. Animals that haven’t shown signs of presenting a risk do not need to be disclosed as the disclosure tool is for “dangerous animals.” Learn more about our rules about dangerous animals.

  • Explosive devices, incendiary devices, or assault weapons: 

These items are never allowed at a stay or Experience, even if it’s legal to have them in your area.

  • Unsecured/undisclosed weapons.

 Any legally owned weapons must be properly disclosed and safely secured.

We’re here to help

If you or someone else feel threatened or unsafe, please first contact local law enforcement authorities for assistance.

We take threats of suicide and self-harm very seriously and may reach out to authorities to request a wellness check if we are notified that there is imminent risk of someone in crisis.

As always, if you witness or experience behavior that you believe may go against our policies, please let us know.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings Community Policies.

HELPING TO KEEP OUR COMMUNITY HEALTHY

What We Do Allow

  • Accommodating unavoidable mild illness: If a Host or guest has a mild illness, but must continue to host or travel, they must take precautionary measures when staying in a space shared with other community members.

What We Don’t Allow

  • Exposure and risk of exposure to severe contagious diseases: Any individuals who have been diagnosed with, exposed to, and/or are showing symptoms of a contagious disease should not interact with other community members in the context of a reservation. Temporary restrictions may be applied on listings and accounts presenting a risk of contagion.
  • Failure to follow public health directives: All guests and Hosts must follow social distancing guidelines and wear appropriate safety attire in line with public health guidelines for infectious diseases (ex: COVID-19) when in common areas or in the presence of those outside their traveling group.
  • Failure to properly clean: Hosts must follow My Shamba Digital Property Listings 5-step enhanced cleaning process.

We’re here to help

If you witness or experience behavior that goes against our policies, please let us know.

PROHIBITED ACTIVITIES

What We Do Allow

  • Possession and personal consumption of cannabis: 

In locations where it is legal and does not violate any house rules, adults may consume cannabis.

  • Cultivation of cannabis: 

Where legally permissible and within local limits, the growth and processing of cannabis or hemp by a Host on their property may occur if disclosed.

What We Don’t Allow

  • Child sexual exploitation: 

Forcing, manipulating, or enticing someone under 18 years old, regardless of local laws, to engage in sexual activity, whether in person or online, is prohibited.

  • Human trafficking:

 Recruiting, harboring, transporting, transferring, or receiving of an individual by force, fraud, or coercion for the purposes of labor or sexual exploitation is not allowed.

  • Incall commercial sex work:

A stay, Experience, or its surrounding property should not be used for paid sexual services, such as erotic massages or prostitution.

  • Procuring sex work: 

Guests should not request and Hosts should not promote or offer paid sexual services.

  • Commercial pornography:

 A stay, Experience, or its surrounding property should not be used for the creation of commercial pornography, photos, or videos.

  • Illicit drugs: 

Illegal or restricted drugs such as opium, opiates, opioids, coca and cocaine, amphetamine-type stimulants, central nervous system depressants, and hallucinogens shouldn’t be present or used at a stay, Experience, or the surrounding property unless prescribed by a physician for a medical condition.

  • Drug production or manufacturing:

 A stay, Experience, or its surrounding property shouldn’t be used to produce or manufacture illegal drugs from raw materials and/or plants.

  • Drug cultivation:

 A stay, Experience, or its surrounding property should not be used for raising or growing plants from which illegal drugs are refined, with the exemption of cannabis.

  • Drug distribution: 

A stay, Experience, or its surrounding property should not be used to sell, gift, traffic, or distribute drugs, even if it is legal to do so in your area.

We’re here to help

If you or someone else feels threatened or unsafe or suspect child sexual exploitation or human trafficking, please first contact local law enforcement authorities for assistance. Additionally, if you witness or experience behavior that goes against our policies, please let us know.

 MY SHAMBA DIGITAL PROPERTY LISTINGS NONDISCRIMINATION AND ANTI-HARASSMENT POLICY

My Shamba Digital Property Listings is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community includes millions of people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms.

The My Shamba Digital Property Listings community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to My Shamba Digital Property Listings hosts and guests: inclusion and respect.

 Our shared commitment to these principles enables all members of our community to feel welcome on the My Shamba Digital Property Listings platform no matter who they are, where they come from, how they worship, or whom they love. My Shamba Digital Property Listings recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability. My Shamba Digital Property Listings will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist.

While we do not believe that one company can mandate harmony among all people, we do believe that the My Shamba Digital Property Listings community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the My Shamba Digital Property Listings community—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, My Shamba Digital Property Listings employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere.

  • Inclusion – We welcome people of all backgrounds with authentic hospitality and open minds. Joining My Shamba Digital Property Listings, as a host or guest, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law.
  • Respect – We are respectful of each other in our interactions and encounters. My Shamba Digital Property Listings appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. My Shamba Digital Property Listings members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, My Shamba Digital Property Listings fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding.

Specific Guidance for Hosts in East Africa

As a general matter, we will familiarize ourselves with all applicable state, and local laws that apply to housing and places of public accommodation. Some jurisdictions may have additional legal requirements that expand or limit the civil right protections of the user community. Hosts are required to comply with such legal requirements. Hosts should contact My Shamba Digital Property Listings customer service if they have any questions about their obligations to comply with this My Shamba Digital Property Listings Nondiscrimination Policy. 

  • My Shamba Digital Property Listings hosts may not:
    • Decline a booking based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
    • Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.

Gender Identity

My Shamba Digital Property Listings does not assign a gender identity to our users. We consider the gender of individuals to be what they identify and/or designate on their user profiles, and we expect our My Shamba Digital Property Listings community to do the same. This includes respecting the pronouns (he/him, she/her, they/them, etc.) any users within the community identify themselves with.

  • My Shamba Digital Property Listings hosts may not:
    • Decline a booking from a guest based on gender identity unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
    • Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
    • Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.
  • My Shamba Digital Property Listings hosts may:
    • Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.

Age and Familial Status

  • My Shamba Digital Property Listings hosts may not:
    • Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status, where prohibited by law.
  • My Shamba Digital Property Listings hosts may:
    • Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for guests of a certain age or families with children or infants.
    • Note in their listings applicable community restrictions (e.g., senior housing), regulations, or laws that prohibit guests under a particular age or families with children or infants.

Disability

  • My Shamba Digital Property Listings hosts may not:
    • Decline a guest based on any actual or perceived disability.
    • Impose any different terms or conditions based on the fact that the guest has a disability.
    • Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
    • Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
    • Prohibit or limit the use of mobility devices.
    • Charge more in fees for guests with disabilities, including pet fees when the guest has an assistance animal (such as a service or emotional support animal) because of the disability.
    • Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
    • Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
    • Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.
  • My Shamba Digital Property Listings hosts may:
    • Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.

Personal Preferences

  • My Shamba Digital Property Listings hosts may:
    • Except as noted above, My Shamba Digital Property Listings hosts may decline a booking based on factors that are not prohibited by law. For example, except where prohibited by law, My Shamba Digital Property Listings hosts may decline a booking with pets, or to guests who smoke.
    • Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions). These restrictions should be stated clearly in your house rules. For example, an My Shamba Digital Property Listings host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.

When Guests Are Turned Down.

Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential guests feel unwelcome, and My Shamba Digital Property Listings may suspend hosts who have demonstrated such a pattern from the My Shamba Digital Property Listings platform.

Additional Considerations

The Nondiscrimination Policy applies to all parts of the My Shamba Digital Property Listings business. We recognize there are additional considerations that need to be made for varied offerings in the My Shamba Digital Property Listings Community. Here, we have included a few considerations that speak to those instances:

Experiences

Gender Exemption:

  • My Shamba Digital Property Listings Experience hosts may offer a single gender experience if it is necessary to create a safe space (one that does not incite harm or danger and one that is not illegal), protect the safety and privacy of participants, and/or comply with legal or cultural requirements.

Accessibility / Disability / Reasonable Accommodations:

Due to the broad range of Experience offerings, My Shamba Digital Property Listings Experience hosts may need to inquire about guests’ abilities to participate in certain physical activities or inquire about guests’ accommodation needs to best prepare their Experiences. Additionally, we encourage Experience hosts to:

  • Provide factually accurate information about the physical nature of an Experience to allow guests to assess for themselves whether the Experience is appropriate given their individual needs.
  • Actively engage with guests who have disclosed disabilities and/or have questions regarding the accessibility of an experience, and to consider reasonable accommodation requests.
  • Seek opportunities to provide reasonable accommodations where accommodating a request would not substantively change the nature of the activity.

Combatting hate, harassment, and discrimination

We want our Hosts and guests to have stays and Experiences free from harassment and discrimination.

What We Don’t Allow

  1. Bullying and harassment: No one should be subjected to unwanted behavior, such as bullying, cyberbullying, harassment, or stalking.
  2. Discriminatory refusal of service: Hosts may not refuse service to a guest because the guest belongs to a group or category, like race or religion, as explained in our Nondiscrimination Policy.
  3. Discriminatory differential treatment: Hosts should not apply different treatment, rules, or behavior to a guest because of the guest’s membership in a protected class.
  4. Dangerous speech: No one should be subjected to language that calls for harm, dehumanizes, or claims an individual is a threat or physical danger to others because that individual belongs to a protected class.
  5. Slurs, hate speech, or derogatory language: No one should be subjected to prejudicial language related to another individual’s membership in a protected class, such as expressions of contempt, disgust, or physical, mental, or moral deficiencies.
  6. Deadnaming or misgendering: Individuals who identify as transgender should not be referred to by their pre-transition name or pronouns if they inform others that they use different ones post-transition.
  7. Coded language or microaggressions: No one should be targeted with phrases that are deeply rooted societal stereotypes based on membership in a protected class.
  8. Hateful, discriminatory, or offensive images, symbols, or objects: No one should be subjected to images that denigrate a religion or a culture, images that contain derogatory/coded language, or symbols, logos, or slogans tied to extremist or hate groups.

We’re here to help; if you witness or experience behavior that goes against our policies, please let us know.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings community policies.

MY SHAMBA DIGITAL PROPERTY LISTINGS HOSTING EXPERIENCES POLICY

What’s Expected of Hosts and their Experiences

Experiences must meet quality and safety standards. Experience Hosts must demonstrate expertise, insider access, and connection, which helps ensure high-quality experiences led by knowledgeable, hospitable Hosts.

What We Do Allow

  • Health and safety compliance: An Experience is allowed as long as Hosts comply with health and safety laws and safety requirements.
  • Food safety precautions: An Experience with food is only allowed if the Host takes adequate precautions to avoid food borne illnesses and meet My Shamba Digital Property Listings standards for food handling during Experiences.
  • Select animals: Direct contact with animals is only allowed for domesticated or farm animals. Safe distance should be maintained for all other animals. Hosts must meet My Shamba Digital Property Listing guidelines for animal welfare.
  • Select experiences involving weapons: An Experience involving firearms or bladed and projective weapons is allowed as long as Hosts limit the Experience to guests 18 years or older, are in compliance with local laws regarding location and insurance required, and have demonstrated proof of proper permits validated by My Shamba Digital Property Listings designated provider.
  • Select adult themes: Hosts may offer Experiences with sexual themes not intended for sexual arousal (ex: pole dancing exercise class, boudoir photography, sex history, etc. are permitted), provided they take place in commercial properties only. But, Hosts must limit such Experiences to guests 18 years or older and disclose any sexual themes (such as nudity), who else may be present, privacy levels of the location, and give guests the option to opt-out if they become uncomfortable.
  • Political activities: Experiences involving political activities are allowed only if they are informational and educational in nature and do not include direct political actions, like campaigning and fundraising.

What We Don’t Allow

  • Animal exploitation/abuse: Hosts must not allow direct interactions with wild animals (ex: riding, petting, feeding), with overworked and overloaded domestic and/or working animals, or promote and offer sporting events (such as bull running and horse racing) or the purchase or consumption of wild animal products.
  • Adult themes: Hosts must not offer sexually explicit activities like going to strip clubs or visiting pornographic theaters. Experiences with nudity and certain sexual themes cannot take place in residential accommodations.
  • Dangerous sports: Hosts should not offer Experiences involving extreme heights or caves (ex: bungee, skydiving, heli-skiing, cave diving), certain ocean activities (ex: free diving, kiteboarding, shark diving), or certain ice or mountain activities (ex: canyoneering, ice climbing, free climbing).
  • Disregard for safety: Host must take sufficient and appropriate precautions when planning and executing activities.
  • Gendered experiences: Hosts may not offer single-gender experiences, unless one of the following reasons applies: legal or cultural requirements, privacy requirements, or safe space requirements.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings community policies.

We’re here to help. If you witness or experience behavior that goes against our policies, please let us know.

How Does My Experience’s Rating Or Reviews Affect My Ability To Host?

The My Shamba Digital Property Listings Experience marketplace is known for high-quality experiences, and all experiences must meet our quality standards to be published on My Shamba Digital Property Listings. As part of the My Shamba Digital Property Listings Experiences host community, you commit to hosting experiences that meet guests’ expectations.

Guest reviews help hosts and My Shamba Digital Property Listings understand which experiences meet these quality standards and expectations. Consistent 5-star reviews help build trust in My Shamba Digital Property Listings Experiences, bringing success to the entire community.

This is why experiences that have one or more low-star reviews and a low review rating may fall below our quality and eligibility threshold, and may be removed from the marketplace.

What Leads To An Experience Being Removed?

Experiences must maintain a high overall rating and guest engagement level. Guests like to know they can expect a consistent level of quality, no matter where they book. Hosts with consistently low reviews (1-3*), or insufficient page views and bookings, may have their listings suspended and/or removed from My Shamba Digital Property Listings.

How Can I Improve My Experience?

You can check your reviews and performance using your Host dashboard. We also encourage you to check out this blog post on the 3 pillars of a quality Experience.

What Other Quality Criteria Can Lead To An Experience Being Removed?

In addition to ratings and reviews, we look at other guest and engagement signals related to your experience, including how guests are interacting with it and your activity on My Shamba Digital Property Listings.

How Will I Know When My Experience Is At Risk And What I Can Do To Improve?

When an experience is at risk of removal, we’ll always reach out to share clear criteria and resources that can help you improve your experience.

We may also reach out when an experience receives a low-star review to share information and tips based on insights from guests and other successful experience hosts.

MY SHAMBA DIGITAL PROPERTY LISTINGS GUEST REFUND POLICY

These terms and conditions govern My Shamba Digital Property Listings policy for Guest refunds (“Guest Refund Policy”) and the obligations of the Host associated with the Guest Refund Policy.

 The Guest Refund Policy applies in addition to My Shamba Digital Property Listings (“My Shamba Digital Property Listings Terms”). The Guest Refund Policy is available to Guests who book and pay for an Accommodation through the My Shamba Digital Property Listings Platform and suffer a Travel Issue (as defined below). 

All capitalized terms shall have the meaning set forth in the  My Shamba Digital Property Listings Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.

By using the My Shamba Digital Property Listings Platform as a Host or Guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

1. Travel Issue

A “Travel Issue” means any one of the following:

(a) The Host of the Accommodation

  1. cancels a booking shortly before the scheduled start of the booking, or 
  2. fails to provide the Guest with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code).

(b) The Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:

  • the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
  • whether the booking for the Accommodation is for an entire home, private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the booking,
  • special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air conditioning systems, or
  • the physical location of the Accommodation (proximity).

(c) At the start of the Guest’s booking, the Accommodation: 

  1. is not generally clean and sanitary (including unclean bedding and/or bathroom towels); 
  2. contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in My Shamba Digital Property Listings judgment, or 
  3. has vermin or contains pets not disclosed in the Listing.

What qualifies as a Travel Issue is described in more detail in the Guest Refund Policy Help Center article.

2. The Guest Refund Policy

If you are a Guest and suffer a Travel Issue, you are covered by this policy as follows:

Up to 24 hours after check-in. If you report a Travel Issue up to 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you the amount paid by you through the My Shamba Digital Property Listings Platform (“Total Fees”), or (ii) use our reasonable efforts to help you find and book for any unused nights left in your booking another Accommodation which is reasonably comparable to or better than the Accommodation described in your original booking in terms of size, rooms, features and quality. My Shamba Digital Property Listings shall decide whether an issue reported by a Guest qualifies as a Travel Issue, whether to reimburse or rebook a Guest who suffers a Travel Issue, and whether an alternate Accommodation is comparable or better.

More than 24 hours after check-in. If you report a Travel Issue more than 24 hours after check-in, we agree, at our discretion, to either (i) reimburse you up to the Total Fees depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to help you find and book another Accommodation for any unused nights left in your booking which is reasonably comparable to the Accommodation described in your original booking in terms of size, rooms, features and quality.

My Shamba Digital Property Listings decisions under the Guest Refund Policy are final and binding on Guests and Hosts but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.

3. Conditions for making a Claim

To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

  1. You must be the Guest that booked the Accommodation;
  2. You must report the Travel Issue to us in writing or via telephone within 24 hours of discovering the existence of the Travel Issue, and you must provide us with information (including photographs, videos, or other written or tangible evidence) about the Accommodation and the circumstances of the Travel Issue;
  3. You must respond to any requests by us for additional information or cooperation on the Travel Issue within the time specified by My Shamba Digital Property Listings;
  4. You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence);
  5. Unless otherwise specified by My Shamba Digital Property Listings, My Shamba Digital Property Listings advises you that the Travel Issue cannot be remediated, you must use reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host; and
  6. In order to receive a reimbursement of Total Fees or assistance with booking an alternative Accommodation, you must agree to vacate the Accommodation. If you choose to stay in the Accommodation, you may still qualify for a partial refund at My Shamba Digital Property Listings discretion as described in this policy (regardless of whether you reported the Travel Issue up to 24 hours after check-in).

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

4.1 If you are a Host, you are responsible for ensuring that the Accommodations you list on the My Shamba Digital Property Listings Platform are accessible, adequately and accurately described in the Listing description, safe and clean, and do not present a Guest with Travel Issues, as specified in these terms and in the Guest Refund Policy Help Center article. During a Guest’s stay at an Accommodation, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any Travel Issues or other Guest issues.

4.2 If you are a Host, and if

 (i) My Shamba Digital Property Listings determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and

 (ii) My Shamba Digital Property Listings either reimburses that Guest (up to their Total Fees) or provides an alternative Accommodation to the Guest, you agree to reimburse My Shamba Digital Property Listings up to the amount paid by My Shamba Digital Property Listings within 30 days of My Shamba Digital Property Listings request. 

If the Guest is relocated to an alternative Accommodation, you also agree to reimburse My Shamba Digital Property Listings for reasonable additional costs incurred to relocate the Guest. You authorize My Shamba Digital Property Listings Payments to collect any amounts owed to My Shamba Digital Property Listings by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a Host, you understand that the rights of Guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue. In order to dispute a Travel Issue, you must use reasonable and good faith efforts to try to remedy any Travel Issue with the Guest unless My Shamba Digital Property Listings advises you that the Travel Issue cannot be remediated or the Guest has vacated the Accommodation.

5. General Provisions

5.1 No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination. My Shamba Digital Property Listings reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If My Shamba Digital Property Listings modifies this Guest Refund Policy, we will post the modification on the My Shamba Digital Property Listings Platform or provide you with notice of the modification and My Shamba Digital Property Listings will continue to process all claims for Travel Issues made prior to the effective date of the modification according to the then applicable policy.

5.3 Entire Agreement. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between My Shamba Digital Property Listings and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between My Shamba Digital Property Listings and you regarding the Guest Refund Policy.

6. Contacting My Shamba Digital Property Listings

If you have any questions about the Guest Refund Policy, please email us.

Extenuating Circumstances Policy

This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both accommodations and Experiences.

When this Policy allows for cancellation, it controls and takes precedence over the reservation’s cancellation policy. Guests that are impacted by an event covered by this Policy can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled reservation.

What Events Are Covered

This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.

Changes to government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.

Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in parts of the Western Region of Kenya.

Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.

Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.

Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, floods occurring during flooding season.

What Is Not Covered

Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.

What To Do Next

If we notify you or publish information confirming that this Policy applies to your reservation, please follow the cancellation instructions that we provide. When we have notified you or published information about how this Policy applies, you should have the option to cancel under this Policy by going to your Trips page and canceling the impacted reservation. If you believe this Policy applies to your reservation, but we have not notified you or published information about the Event, please contact us to cancel your reservation. In all cases, you should be prepared to provide documentation that shows how the Event has impacted you or your reservation.

If you have questions, please contact us.

Other things to be aware of

This Policy applies to all reservations with a check-in date on or after the effective date. 

Extenuating Circumstances Policy and the Coronavirus (COVID-19)

On March 11, the World Health Organization (WHO) declared the outbreak of coronavirus, known as COVID-19, to be a global pandemic. Since then, the outbreak has evolved rapidly with governments around the world taking swift action to slow the spread of COVID-19.

In response, we are providing the following coverage for COVID-19 under our extenuating circumstances policy to help protect our community and provide peace of mind. Please monitor this page for updates about coverage.

MY SHAMBA DIGITAL PROPERTY LISTINGS CONTENT AND REVIEWS POLICY

Restricted Content

In consideration of all members of our community, we restrict certain content, whether online or at a stay or Experience.

What We Do Allow

  • Pre-disclosed nude and sexually suggestive content in a listing: We allow certain nude artwork, sexually suggestive content, or objects with sexual themes as long as the stay or Experience is not made available to anyone under the age of 18 and as long as its presence is disclosed in the listing description. Guests should not be made to feel shocked or uncomfortable by unexpected adult content during a reservation.

What We Don’t Allow

  • Violating content: Any content that violates our Content Policy or our Copyright Policy.
  • Violent or graphic content in an accommodation: Hosts should not display imagery depicting physical harm in spaces shared with guests unless it has historical or cultural significance. Display of such content must be disclosed in writing in the listing description.
  • Violent or graphic content in a listing description: Hosts should not include images of physical harm in their listing description.
  • Sexually explicit content on My Shamba Digital Property Listings: Sexually explicit imagery is not allowed. If a stay or Experience contains adult themes or sexually explicit content, it should be disclosed in the listing description in writing; photos of the sexually explicit content should not be included.
  • Sexually explicit language: Hosts may not display or use language verbally or written that is intended for sexual arousal, or that contains or references sexual acts.
  • Violent, graphic, or sexually suggestive content in listing descriptions (Mainland China only):
    • Sexually suggestive content is prohibited, and nude or nearly nude imagery is prohibited unless the content is of political, social, religious, cultural, or artistic value/commentary cultural significance.
    • Violent or graphic content as well as images of weapons are prohibited, regardless of the reason for posting.

We’re Here To Help

If you witness or experience behavior that goes against our policies, please let us know.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings Community Policies.

Writing Relevant And Unbiased Reviews

We want you to feel confident that the reviews you read on My Shamba Digital Property Listings are accurate and free of external influences. Reviews are only helpful when reviewers accurately recount their experience and provide their honest opinions.

What We Don’t Allow

  • Review manipulation: Attempting to influence a guest or Host’s review through threats or incentives has no place in our community.
  • Competitor reviews: Established competitors of a specific Host may not leave a negative review with the intent to dissuade guests from booking that Host’s stay or Experience.
  • Conflict of interest: Reservations created only to try to manipulate the review system with fake reviews and fake ratings are not allowed.
  • Irrelevant or biased content: Reviews that are biased or don’t include relevant or helpful information or commentary may be removed. For example, if a guest does something that is not allowed, their review should only include information that will be relevant to other guests, not information about how they feel about the consequences of not following the policy.
  • Violating content: Any other content that doesn’t follow My Shamba Digital Property Listings Content Policy has no place in our community.

We’re Here To Help

If you witness or experience behavior that goes against our policies, please let us know.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings Community Policies.

How Do I Make A Custom Link For My Listing?

Hosts can create a personalized web address to direct people to their listing with a custom link.

To create or delete a custom link:

  1. Go to Listings
  2. Select the listing that you’d like to create a custom link for
  3. From your Listing details, find Custom link and select Edit

Each listing can have one custom link, so hosts with multiple listings can set up one for each of their listings. Hosts using professional hosting tools can also create one custom link for their pro marketing page.

Custom Link Policy

Each address is valid only while the listing or account is active, and may be forfeited if the listing or account is deactivated or removed from My Shamba Digital Property Listings for any reason.

You don’t own your custom link, and upon any violation of this policy or My Shamba Digital Property Listings terms, My Shamba Digital Property Listings may end your use of it.

Custom links can’t include:

  • Any variation of the word ” My Shamba Digital Property Listings” or any other content that violates our brand guidelines
  • The word “verified”
  • The word “official” unless sanctioned by the person, place, or organization with whom the connection is asserted
  • Symbols or punctuation, except for hyphens
  • Fewer than three characters
  • Anything that violates  My Shamba Digital Property Listings Content Policy

Custom links can’t consist only of:

  • Generic property types (for example, Apartment, Cabin, TreeHouse, Loft, Home)
  • Generic geographic locations (for example, Nyeri)
  • Numbers (all URLs must contain at least one letter)

MY SHAMBA DIGITAL PROPERTY LISTINGS COMMUNITY EXPECTATION POLICY

What’s Expected Of Guests

We expect our guests to uphold certain standards and be considerate and respectful of their Hosts, Hosts’ neighbors, and any other community members they may meet.

What We Don’t Allow

  • Disrespecting surrounding communities: During their stay or experience, guests must respect the surrounding community and its rules. This includes but is not limited to: designated quiet hours, parking locations and hours, number of cars allowed, and proper disposal of trash and debris in designated areas.
  • Disrespecting the reservation agreement: Guests must abide by the standards set by Hosts for each reservation as long as the standards are not inconsistent with My Shamba Digital Property Listings policies. This includes but is not limited to: check-in and check-out times, number of guests, permissibility of pets or smoking, and other Host rules agreed upon at the time of booking.
  • Disrespecting the space: Guests may not leave the place where they stayed or its grounds in a state that requires excessive or deep cleaning or repairs beyond normal wear and tear. Cleaning fees are only meant to cover the cost of standard cleaning between reservations. Guests should also return any keys as agreed upon by both parties.
  • Tampering with security devices: Guests may not disconnect or otherwise obscure any permissible and properly-disclosed security devices.
  • Access of personal property other than your own: Any areas clearly designated as off-limits, locked, or containing personal or confidential information are off limits to guests.

Welcoming Guests with Accessibility Needs

We welcome and support people with accessibility needs. These members of our community should be able to trust that their Hosts will provide accurate information about features related to accessibility.

What we do allow

  • Host health or safety exemptions for assistance animals: If a Host is unable to host assistance animals for reasons such as the animal would pose a direct threat to the health and safety of a permanent resident at their home, Hosts may be granted an exemption if they notify us proactively.
  • Requests to remove assistance animals not in the control of their handler: If a guest’s assistance animal is not within their control, Hosts may request that the animal be removed. For example, if the animal is left unsupervised during a reservation or is not housebroken.

What We Don’t Allow

  • Denying a reservation because of a guest’s accessibility needs: Absent an approved exception, Hosts may not decline, cancel, or otherwise alter a reservation because a guest has an assistance animal or assistive device.
  • Adding fees because of a guest’s accessibility needs: Hosts may not charge an additional fee for assistance animals or assistive devices.
  • Denial of reasonable requests from guests to accommodate accessibility needs: Hosts should grant requests for reasonable accessibility accommodations. It’s reasonable to ask a Host to move their sofa away from the doorway so that a guest in a wheelchair can comfortably enter the living room (assuming there is room to move the sofa, and that the Host is capable of moving the sofa). However, it is not reasonable to ask a Host to expand the doorway of their home in order to be able to fit a wheelchair through it.
  • Unequal treatment: Absent an approved exception, Hosts should apply the same treatment, rules, and behavior to all guests, regardless of their accessibility needs.
  • Derogatory language: No one, guest or Host, should be subjected to language that insults them based on their disability—including denigrating the service that their assistance animal or assistive device provides or using any other discriminatory language.
  • Misrepresentation of accessibility features: Listings must include accurate information about available accessibility features in the space and surrounding property. Hosts should be transparent and discuss details related to accessibility within the message thread with any guest with known accessibility needs.

We’re here to help, If you witness or experience behavior that goes against our policies, please let us know.

Being a good neighbor

Respect must extend beyond the My Shamba Digital Property Listings community to those around us. That respect includes avoiding disturbing neighbors with disruptive parties, events, noise, or other agitating behaviors and actions.

What We Do Allow

  • Host-designed rules: We encourage Hosts to clearly explain the expectations they have of their guests in their house rules, list My Shamba Digital Property Listings descriptions, and through My Shamba Digital Property Listings message threads. My Shamba Digital Property Listings sets minimum standards, but Hosts should consider including additional information or guidelines customized to their neighborhood.
  • Professional hospitality events: Only professional hospitality businesses such as hotels or bed and breakfasts may offer large scale events, provided they do not disturb the surrounding community or otherwise create a community nuisance.

What We Don’t Allow

  • Disruptive parties and events: Parties or gatherings that threaten the safety of or disturb the surrounding community are not allowed, regardless of size. Learn more about our party and event rules.
  • “Party house” listings: Unless hosting as part of a professional hospitality business, Hosts should not encourage or otherwise permit parties or events in their listing descriptions or elsewhere.
  • Community nuisances: Agitating behavior and actions including excessive smoking around neighbors or smoking in areas where smoking is prohibited, littering, making excessive noise, or obstructing a neighbor’s access to their homes aren’t allowed.

We’re here to help, If you witness or experience behavior that goes against our policies, please let us know.

If you or someone else feels threatened or unsafe, please first contact local law enforcement authorities for assistance. Additionally, if you witness or experience behavior that goes against our policies, please let us know.

While these guidelines don’t cover every possible scenario, they’re designed to offer general guidance on My Shamba Digital Property Listings community policies.

MY SHAMBA DIGITAL PROPERTY LISITINGS PAYMENTS AND PAYOUTS

AVOIDING FRAUD, SCAMS, AND ABUSE

We take steps to protect My Shamba Digital Property Listings platform’s integrity and mitigate the risks and losses associated with fraud, scams, and abuse by taking action against violators.

What we do allow

  • Select off-site payments: 

Certain off-site payments are permitted only when permission has been granted in advance by My Shamba Digital Property Listings and guests are made aware prior to booking. This includes but is not limited to: collections of local tax or occupancy tax, “all-inclusive” fees at timeshares or resorts, security deposits or incidental fees such as pet fees, valet parking, Wi-Fi charge, gym fee, breakfast fee, etc.

What we don’t allow

  • Extortion: Hosts and guests must not use direct or indirect threats to coerce an intended outcome (ex: a payment, review, etc.) from an individual or group.
  • Off-platform activity: Hosts and guests must not communicate, share personal contact information, pay, or request payment for a reservation or experience outside of My Shamba Digital Property Listings platform.
  • Coupon and referral abuse: Hosts and guests must not attempt to misuse My Shamba Digital Property Listings coupon and referral program.
  • Non-fraud chargebacks: Hosts and guests must not attempt to misuse or make false chargeback claims to obtain a refund.

MY SHAMBA DIGITAL PROPERTY LISITINGS HOSTING STAYS AND POLICY

What’s Expected of Hosts and Their Listings

Every Host should meet these basic standards so that their guests have a comfortable, reliable experience.

What we don’t allow

  • Hosting without permission and/or the appropriate licenses: My Shamba Digital Property Listings requires that all Hosts be authorized to host, and that Hosts comply with all applicable laws.
  • Unreliable communication: Hosts should be responsive and willing to answer questions within a reasonable amount of time from guests or My Shamba Digital Property Listings and follow any necessary steps from  My Shamba Digital Property Listings to fix issues.
  • Inaccurate listings: A Host’s property, location, listing type, privacy levels, and amenities should accurately reflect what was written in the listing description at the time of booking. Hosts may only adjust details for an accepted booking after guest consent.
  • Unsecure stays: Hosts must ensure that every stay is able to be secured at the main entrance, and keys or access codes should be provided for all main points of entry.
  • Unreliable check-ins: Hosts must provide guests with the right information to access their stay at check-in (ex: proper access codes, clear directions). Hosts that plan to meet guests at check-in must ensure that they’re present at the agreed upon time. The use of lockboxes or entry codes must remain secure (ex: change codes in between reservations).
  • Unclean stays: A Host’s property must be free of known health hazards (ex: mold, pests, vermin), meet a high standard of cleanliness, and be cleaned between stays.
  • Unsafe stays: Hosts must ensure that stays or Experiences are free of undisclosed safety hazards (ex: blocked fire exits, risks of electric shock, rat poison). Hosts must remedy any safety hazards if they are raised by a guest or My Shamba Digital Property Listings.
  • Arbitrage: Using a 3rd party to book a hotel or 3rd party accommodation and listing it on My Shamba Digital Property Listings at an inflated rate, is not allowed. Hosts must adhere to specific rules for timeshares or similar accommodation types when considering whether or not to list on My Shamba Digital Property Listings.
  • Animal exploitation: Stays or Experiences that exploit animals have no place in our community (ex: roadside zoos, trophy hunting experiences). Hosts must meet My Shamba Digital Property Listings guidelines for animal welfare.

My Shamba Digital Property Listings Plus Program Standards

The standards are a collection of criteria that sets the bar for well-designed spaces and exceptional hosts. Based on feedback from guests, top-performing hosts, and hospitality leaders, these standards reflect the style, comfort, and hospitality elements that travelers appreciate most. 

All listings that are invited to join the program are required to meet these criteria in order to join, and uphold them after joining.

The Value Of The Standards: 

Meeting the program standards helps hosts delight their guests and earn great reviews. In addition, when all stays deliver on these high standards, it helps guests know they can expect a consistent level of quality from My Shamba Digital Property Listings Plus stay, making the program designation more valuable.

Do the standards change? 

As we learn more about what makes an outstanding stay, we update the program standards, adding more clarity and new, valuable guidance. So that all hosts in the program can benefit from what we’ve learned, we reach out periodically to share updated information.

Overview of current My Shamba Digital Property Listings Plus program standards:

Style standards

Each room feels tied together and features pieces that create visual interest, helping guests connect with their environment and get a sense for the host.

Comfort standards

Spaces are clean and well cared for, offering everything a guest might need to make the most of their stay.

Hospitality standards

Memorable stays begin and end with genuine care and outstanding service with a personal touch.  My Shamba Digital Property Listings Plus hosts bring their own unique spin on hospitality—welcoming guests with warmth, flexibility, and a commitment to making things right.

Maintaining the My Shamba Digital Property Listings Plus standards

Once a listing is part of the My Shamba Digital Property Listings Plus program, it should continue to uphold the high bar set by the standards.

Guest review questions

To help hosts know where they’re providing an outstanding experience and where there’s room to improve, we’ve updated the guest review questions to bring forward the feedback that matters most. We’re now asking guests questions after checkout that focuses on the themes at the heart of today’s My Shamba Digital Property Listings Plus program: style, comfort, and hospitality. We’ve also removed the questions that you’ve told us offer you less value, such as the location accuracy of your listing.

Getting feedback from guests

There are two ways to learn what guests think about your place and hospitality:

  • Guest reviews: Along with your guest reviews, you’ll now find quick takeaways highlighting what stood out and what could be better, related to style, comfort, and hospitality. Go to your reviews to check out your takeaways.
  • Insights reports: We’ll email you regular insights reports letting you know how your guests rated the hospitality, style, and comfort of their stay.

Your listing’s Plus classification, privileges, and license to use the Plus classification may be revoked at any time at  My Shamba Digital Property Listings sole discretion or if: you violate the Plus Terms and Conditions, the My Shamba Digital Property Listings Terms of Service, or any other  My Shamba Digital Property Listings terms and conditions applicable to you; you or your listing no longer meet the program’s eligibility standards or qualifying criteria; or you or your listing are involved in incidents that violate  My Shamba Digital Property Listings hospitality standards.

Why Was My Listing Paused Or Suspended?

Your listings may be suspended if you fail to meet the basic requirements overall rating, response rate, accepted reservations, or cancellations. If your listing is suspended, it won’t show up in search results and you won’t receive any new bookings.

You’ll have the opportunity to reactivate your listing once the suspension period is over, subject to a review by My Shamba Digital Property Listings. Serious infractions could lead to permanent removal from My Shamba Digital Property Listings.

Existing Reservations

Your upcoming reservations will not be impacted by your listing being suspended, but may be canceled if you fail to provide high-quality guest experiences or otherwise violate our Terms of Service.

Previous Guest Feedback

While your listing is suspended, consider taking some time to make changes to your hospitality and listing based on the feedback you got from previous guests. To read guest feedback, go to your reviews. You should also familiarize yourself with our basic hosting requirements and review tips in our hospitality standards.

After The Suspension Period

You may be eligible to reactivate your listing to get new bookings. You can reactivate by logging into your account and following the steps that appear.

After reactivating, your listings could be suspended again if you continue to perform below the basic requirements.

If your listing is not eligible for reactivation, it will be removed from My Shamba Digital Property Listings and no longer accessible.

Appeal Process

Listing suspension and removal appeals may be granted under limited circumstances. Extenuating circumstances may be a reason to appeal, but the majority of appeals will be considered based on guest review policy violations.

If it can be proven that a poor guest review on a listing violates My Shamba Digital Property Listings review policies that review may be thrown out. If the removal of any inappropriate reviews leads to a substantial increase in a listing’s overall rating average, that listing could potentially be reinstated.

Violations of the review policy include:

  • Violations of our Content Policy
  • Irrelevant content per our Review Relevancy Policy
  • Biased or fraudulent content (as the result of extortion or competitor reviews) per our Review Manipulation Policy

If you want to proceed with an appeal, you’re required to provide:

  1. The names of the listings you’re appealing for
  2. The reservation codes related to the reviews you’re contesting (these can be found on your Reservation tab)
  3. Which of the above review policy violations apply and why

You can appeal by completing the suspension appeal form. If you are under a suspension that is less than 30 days, you won’t be able to access this form.

Circumstances that won’t be accepted upon appeal include:

  • “The guest review was unfair.” The appeal process isn’t meant to appeal unfair ratings. Consider updating your listing description and photos to help set guest expectations following the suspension.
  • “This was a one-time issue.” Suspensions are typically based on multiple occurrences of a problem or issue. In other words, one guest review alone wouldn’t have resulted in a suspension against the basic requirements.
  • “I fixed the problem.” Making changes to your listing and hospitality is the best way to improve during and after the suspension. But failing to meet the minimum hosting standards for your previous guests is still grounds for suspension.

Why was my listing deactivated?

To help make sure guests aren’t contacting you if you’re unable to host, and to preserve your response rate, your listing may be deactivated:

  1. If you let four consecutive reservation requests or booking inquiries expire.
  2. If you decline consecutive reservation requests and booking inquiries over an extended period of time.
  3. If you consistently take more than seven days to pre-approve an inquiry.
  4. Reactivate your listing.
  5. If your listing is temporarily deactivated, you’ll receive an email with instructions on how to reactivate it. You can also reactivate your listing at any time from your dashboard. It may take up to an hour for your listing to appear in search results after it has been reactivated.

MY SHAMBA DIGITAL PROPERTY LISITINGS ACCOUNT AND MESSAGING POLICY

Who Can Have A My Shamba Digital Property Listings Account

Individuals who threaten or pose a safety risk to others have no place in our community.

What we do allow

  • Alternative verification: 

We understand not all community members are able to provide selfies that match their ID for a variety of reasons. In these cases, we ask that you contact us so that we can help you complete an alternative verification method.

What we don’t allow

  • Identity misrepresentation or mismatch: 

Accounts should accurately represent the account creator and provide information, photos, or documents that match that person’s identity.

  • Underage users:

 People under the age of 18 aren’t allowed to create a My Shamba Digital Property Listings account or book a reservation. At a stay or on an Experience, they must be accompanied by an adult.

Interacting honestly

No one should misrepresent themselves or their intentions while using My Shamba Digital Property Listings.

What we do allow

  • Business identification:

 If you joined My Shamba Digital Property Listings as a business or company, you may be required to confirm your business ID, address, and phone number.

  • Representative inventory: 

We allow Hosts to list multiple rooms under a single “representative” listing in instances where the rooms are similar enough to be considered substitutes for each other (ex: in hotels or serviced apartments). However, these rooms must have the same amenities, bed configurations, size, decor, and address.

What we don’t allow

  • Identity misrepresentation: 

When verifying your identity as the account holder, all information submitted must be true and accurate. Falsified or doctored documents are not allowed.

  • Accommodation bait and switch: 

Host may not mislead guests by offering a stay that is significantly different to the actual accommodation that guests will be staying in, regardless of whether the address is the same.

  • Surprise payment requests: 

Hosts should not request additional payments that weren’t previously granted in advance by My Shamba Digital Property Listings or agreed upon with the guest prior to booking.

  • False reports and claims:

 When filing a claim or reporting any incident to My Shamba Digital Property Listings, you must supply true and accurate information.

  • Extortion: 

Using direct or indirect threats to obtain something from another person has no place in our community.

  • Abuse or manipulation of My Shamba Digital Property Listings:

 No one may use abusive language, manipulative tactics, or make threats (violent or non-violent) when communicating with My Shamba Digital Property Listings or one of our representatives.

We’re here to help

If you witness or experience behavior that goes against our policies, please let us know.

Representing yourself authentically

Providing valid and accurate account information is critical to creating an environment where My Shamba Digital Property Listings, Hosts, and guests can trust each other.

What we do allow

  • Duplicate accounts for the purpose of listing management: 

Professional Hosts who list a large inventory of properties may have multiple accounts for the express purpose of effectively managing their inventory.

  • Date-of-birth (DOB) corrections to match what is listed on a government ID: 

DOB mistakes on accounts can happen for a few different reasons (ex: manual entry mistakes, month/day format mix-up, etc.). You can correct your DOB by contacting us.

What we don’t allow

  • Invalid IDs: 

Damaged, expired, falsified, non-government issued IDs (when required), IDs lacking basic identification information, or those considered temporary IDs will not be accepted.

  • Failure to authenticate accounts: 

When speaking with an My Shamba Digital Property Listings representative about account-specific items, you will be required to take specific steps to authenticate your identity.

  • Maintaining duplicate accounts: 

With the exemption of some Professional Hosts who need multiple accounts for inventory management, Hosts and guests should not operate more than one account or use one ID across more than one account.

We’re here to help

If you witness or experience behavior that goes against our policies, please let us know.

Booking requirements

Before booking a stay or an Experience, we may ask for a government ID or that you verify your identity. We will need to know some basic information—which we don’t share with Hosts or anybody else. We also encourage profile photos, and some Hosts may require them, but profile photo’s aren’t displayed until after a booking is confirmed.

We need your:

  • Full name
  • Email address
  • Confirmed phone number
  • Payment information

Your Host may ask for: 

  • Brief introductory message 
  • Agreement to house rules

Your privacy is important to us

Hosts never see your payment information or your email address, even after you book. We’ll email you whenever a message is sent to your Inbox.


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