Terms of Service

1. Definitions

2. Acceptance of Terms

By accessing, registering on, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and any other policies posted on the Platform.

If you use the Platform on behalf of a company or legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you must immediately cease using the Platform.

3. Eligibility and User Accounts

3.1 Eligibility Requirements

• You must be at least 18 years of age;
• You must have legal capacity to enter into binding contracts under Kenyan law;
• You must not have been previously suspended or banned from the Platform;
• You must provide accurate, truthful, and complete information.

3.2 Account Registration

You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account. Notify us immediately of any unauthorised use at support@kilifirealestate.co.ke.

3.3 Account Roles

The Platform supports the following account roles: Super Admin, Property Owner, Agent, Tenant, Guest, Buyer, Maintenance Staff, and Cleaner. Each role carries specific permissions defined by the Platform. Role changes are subject to the Platform's verification and approval process.

4. Platform Description and Services

Kilifi Real Estate is an online real estate marketplace connecting Property Owners, Agents, Buyers, Tenants, and Guests. Our core Services include:

• Property Listings — Create, publish, search, filter, and browse listings (rental, sale, short-term let)
• Search and Discovery — Location-based, price, type, size, amenity, and availability filters
• Booking and Applications — Rental applications, short-term bookings, availability calendars
• Sale Inquiries — Purchase interest, offer negotiation, and viewing scheduling
• Payment Processing — Via M-Pesa, Stripe, and bank transfers
• Messaging and Communication — Real-time in-platform messaging and notifications
• Listing Verification and Featured Promotions
• Administrative Tools — Moderation, audit logging, and reporting
• API Access — Authenticated endpoints for permitted integrations

The Platform acts solely as a marketplace intermediary and is not a party to any rental agreement, sale contract, or booking between Users.

5. User Responsibilities

• Use the Platform only for lawful purposes and in accordance with these Terms;
• Ensure all Content you submit is accurate, truthful, and not misleading;
• Cooperate with any verification processes required by the Platform;
• Comply with the Land Act (Cap. 280), Land Registration Act (Cap. 300), and relevant county by-laws;
• Agents must hold any licences required by the Estate Agents Act (Cap. 533) of Kenya;
• Conduct your own due diligence including verifying property ownership and legal status;
• Remain responsible for all taxes, fees, and charges applicable to your transactions.

6. Listing Rules and Content Standards

All Listings must:

• Accurately represent the property including location, size, condition, price, and amenities;
• Include clear, accurate, and current photographs that truthfully depict the property;
• State the correct listing type (rental, sale, short-term let) and pricing in KES;
• Disclose all material facts relevant to prospective Tenants, Buyers, or Guests;
• Comply with applicable laws, including fair housing and anti-discrimination laws;
• Not be duplicated across multiple Listings without Platform approval.

Property Owners and Agents must have legal authority to list the property. The Platform reserves the right to edit, suspend, or remove any non-compliant Listing without prior notice.

7. Prohibited Activities

You must not engage in any of the following:

Violations may result in immediate account suspension or termination and referral to relevant law enforcement authorities.

8. Intellectual Property Rights

Platform Ownership. The Platform, including its software, design, branding, logos, trademarks, source code, and databases, is owned by the Company or its licensors and protected by Kenyan and international intellectual property laws.

Limited Licence. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose.

Restrictions. You may not reproduce, copy, distribute, modify, reverse engineer, or commercially exploit any part of the Platform without our prior written consent.

Feedback. Any feedback or suggestions you provide grant us a perpetual, irrevocable, royalty-free licence to use and incorporate such feedback without restriction or compensation.

9. User-Generated Content Licence

You retain ownership of Content you submit. By submitting Content, you grant Kilifi Real Estate a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, display, and use your Content for Platform operations, marketing, and improvement — for as long as your Content remains on the Platform.

You represent and warrant that you own or have the necessary rights to the Content you submit and that it does not infringe third-party intellectual property rights.

The Company reserves the right to remove any Content at its discretion without liability.

10. Property Listing Accuracy Disclaimer

11. Transactions and Payments

11.1 Supported Gateways. The Platform facilitates payments via M-Pesa (Daraja API), Stripe, and direct bank transfers. All transactions are subject to the respective gateway's terms and conditions.

11.2 Currency. All prices are displayed in Kenyan Shilling (KES) unless otherwise stated.

11.3 Platform Fees. Fees for Featured Listings, premium memberships, or processing are disclosed prior to transaction completion and are non-refundable once services commence.

11.4 Platform Role. The Platform acts as a payment facilitator only. The Company is not a party to any rental, lease, sale, or booking agreement between Users.

11.5 Refunds. Refund and cancellation terms are governed by agreements between the Property Owner and Tenant/Guest. Platform fees are non-refundable.

12. Verification and Featured Listings

12.1 Verified Listings. A Verified Listing badge indicates only that supplied documentation was reviewed at the time of verification. It is not a legal endorsement, guarantee of title, or assurance of property condition. Verification may be withdrawn if information is found inaccurate.

12.2 Featured Listings. Featured Listing placement is promotional and subject to pricing and duration specified at purchase. The Company makes no guarantees as to views, inquiries, or transaction outcomes. Fees are non-refundable once the promotional period has commenced.

13. Platform Availability and Service Modifications

We strive to ensure Platform availability but do not guarantee uninterrupted or error-free access. We reserve the right to modify, update, or discontinue any Platform feature; suspend access for maintenance; or impose usage limits — with or without notice.

We shall not be liable for any loss or inconvenience caused by Platform unavailability or modifications.

14. Third-Party Services and Links

The Platform integrates with third-party services including: Safaricom M-Pesa (Daraja API), Stripe, Google Maps, Amazon SES, AWS S3, Google OAuth, and Pusher/WebSockets. These services are governed by their own terms and privacy policies.

We are not responsible for the content, accuracy, or privacy practices of any third-party service or external link. You access third-party services at your own risk.

15. Limitation of Liability

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND

— whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any Listing information is accurate, reliable, or complete. Your use of the Platform is at your sole risk.

17. Indemnification

You agree to defend, indemnify, and hold harmless Kilifi Real Estate and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising from: your use of the Platform; any Content you submit; your violation of these Terms or applicable law; any claim that your Content infringes third-party rights; any dispute between you and another User; or your listing, renting, selling, or booking of property through the Platform.

18. Termination and Account Suspension

18.1 Suspension by Us. We may suspend or terminate your Account, with or without notice, if you violate these Terms; engage in fraudulent, illegal, or harmful conduct; provide false information; or if we receive a valid legal process from a competent authority.

18.2 Termination by You. You may terminate your Account at any time by contacting support@kilifirealestate.co.ke. Termination does not relieve you of obligations incurred prior to termination.

18.3 Effect of Termination. Upon termination, your access ceases immediately, active Listings may be removed, and outstanding obligations remain enforceable. Sections 7, 8, 9, 15, 16, 17, 19, and 20 survive termination.

19. Governing Law and Jurisdiction

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the Republic of Kenya. You submit to the exclusive jurisdiction of the courts of Kenya, subject to the dispute resolution provisions below.

20. Dispute Resolution

21. Changes to Terms

We may modify these Terms at any time. We will notify registered Users via email, Platform notice, or in-app notification at least 14 days before changes take effect (except where required by law or urgent security reasons).

Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you disagree, you must stop using the Platform and may close your Account.

22. Miscellaneous

23. Contact Information