Terms and Conditions

1. Introduction & Acceptance of Terms

Welcome to Makazi Yangu, a Kenyan real estate platform that facilitates connections between users interested in property rental, purchase, and investment opportunities.

By accessing or using the Makazi Yangu platform, website, mobile application, or any associated services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy.

These Terms govern the relationship between you ("User") and Makazi Yangu ("Platform," "we," "us," or "our") regarding your use of the Platform.

2. Eligibility & Account Registration

To use the Platform, you must:

• Be at least 18 years of age and have the legal capacity to enter into binding contracts under Kenyan law.
• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Not share your account credentials or allow any other person to access your account.
• Be responsible for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that provide false, inaccurate, or incomplete information.

3. User Obligations & Conduct

All Users agree to:

• Act with honesty, integrity, and accuracy in all interactions on the Platform.
• Comply with all applicable Kenyan laws, including but not limited to the Landlord and Tenant Act (CAP 301), Data Protection Act, 2019, and any other relevant legislation.
• Refrain from any discriminatory behavior based on race, ethnicity, religion, gender, disability, or any other protected characteristic under Kenyan law.
• Not engage in any activity that may harm the Platform, its users, or its reputation.

4. Platform Role & Disclaimer of Warranty

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

Makazi Yangu does not:

• Verify the truth, accuracy, or completeness of any listing, user profile, or content on the Platform.
• Guarantee the condition, safety, legality, or suitability of any property listed on the Platform.
• Endorse any user, property, or transaction conducted through the Platform.
• Assume responsibility for the conduct of any user or the outcome of any transaction.

Users are solely responsible for conducting their own due diligence before entering into any agreements or transactions.

5. Renters/Tenants' Terms

As a renter or tenant using the Platform, you agree to:

• Provide accurate rental history, identification, and other requested information.
• Acknowledge that you are solely responsible for timely payment of rent, utilities, and any other charges as agreed with the landlord.
• Abide by the terms of the landlord's lease agreement and any applicable property rules.
• Understand that any platform fees are distinct from rent, security deposits, or other payments to landlords.
• Conduct your own inspection of the property before committing to any rental agreement.

6. Landlords/Property Owners' Terms

As a landlord or property owner using the Platform, you represent and warrant that you:

• Hold valid title or have the legal authority to lease, sell, or manage the properties you list.
• Guarantee the accuracy and legality of all listings, descriptions, and images you post.
• Comply with all Kenyan rental and property laws, including those related to security deposits, eviction procedures, and habitability standards.
• Handle security deposits and refunds in accordance with Kenyan law and clearly communicate these terms to tenants.
• Maintain properties in a safe and habitable condition as required by law.
• Grant Makazi Yangu the right to use geolocation services or third-party verification to confirm the existence and location of listed properties.

7. Agents/Brokers' Terms

As a real estate agent or broker using the Platform, you represent and warrant that you:

• Maintain a valid professional license with the Estate Agents Registration Board or other relevant Kenyan regulatory body.
• Are transparent about your agency status and commission structure in all interactions.
• Do not engage in misrepresentation, "gazumping," or any other unethical practices.
• Comply with all professional standards and codes of conduct applicable to your profession in Kenya.

8. Investors/Partners' Terms

As an investor or partner using the Platform, you acknowledge that:

• You are solely responsible for conducting due diligence on any investment opportunity.
• Makazi Yangu does not verify the accuracy of financial projections or investment information provided by other users.
• You must comply with all Kenyan financial and capital markets laws when participating in investment offerings.
• You should consult with qualified financial, legal, and tax advisors before making any investment decisions.

9. Payments, Fees, and Commissions

Makazi Yangu may charge various fees for use of the Platform, including but not limited to:

• Service Fees: Charges for specific services or features.
• Subscription Fees: Recurring charges for premium account features.
• Commission Structures: Percentage-based fees on completed transactions.

All fees will be clearly itemized and disclosed before you incur any charges. We reserve the right to modify our fee structure with reasonable notice to users.

Refund and cancellation policies will be clearly stated in relation to specific services. Generally, service fees are non-refundable unless otherwise specified.

10. Prohibited Activities

Users are strictly prohibited from:

• Listing false, fraudulent, or illegal properties.
• Engaging in fraudulent activities or misrepresentation.
• Misusing other users' data or personal information.
• Spamming, phishing, or distributing malware.
• Violating the Kenyan Cybercrimes Act or any other applicable laws.
• Attempting to circumvent the Platform's payment systems.
• Harassing, threatening, or intimidating other users.
• Infringing on intellectual property rights.

Violations may result in immediate account suspension or termination and may be reported to relevant authorities.

11. Privacy & Data Protection

Makazi Yangu is committed to protecting your privacy and complying with the Kenyan Data Protection Act, 2019.

Our data collection, use, and protection practices are detailed in our separate Privacy Policy, which is incorporated into these Terms by reference.

You have the right to access, correct, and request deletion of your personal data, subject to certain legal exceptions. Please contact us using the information in Section 16 to exercise these rights.

12. Liability, Indemnity, and Limitation

You agree to indemnify and hold harmless Makazi Yangu, its affiliates, officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

13. Dispute Resolution & Governing Law

Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Dispute Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties agree to first attempt to resolve the matter through amicable negotiation.

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before pursuing arbitration or other remedies.

Arbitration: Any dispute that remains unresolved after mediation shall be referred to and finally resolved by arbitration under the Arbitration Act (Cap 49) of the Laws of Kenya. The seat of arbitration shall be Nairobi, Kenya.

14. Termination & Suspension

Makazi Yangu may suspend or terminate your account at any time for violation of these Terms, illegal activity, or any other reason that we deem appropriate to protect the Platform and its users.

You may terminate your account at any time by following the instructions in your account settings or by contacting us.

Certain provisions of these Terms, including but not limited to intellectual property, limitations of liability, indemnification, and dispute resolution, shall survive any termination of your account or these Terms.

15. Amendments to Terms

Makazi Yangu reserves the right to amend these Terms at any time. We will provide reasonable notice of material changes (typically 30 days) through the Platform or via email before such changes take effect.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Platform.

16. Contact Information

For legal notices, please contact:

Makazi Yangu Limited
P.O. Box 12345-00100
Nairobi, Kenya
Email: legal@makaziyangu.co.ke
Phone: +254 700 123 456

For general inquiries, please contact:
Email: info@makaziyangu.co.ke
Phone: +254 700 123 457