Terms of Service

These Terms of Service ("Terms") govern your use of Makazi, Kenya's property marketplace operated by Makazi Goldcrest Homes Limited ("Makazi", "we", "us"). By creating an account or using the Platform, you agree to these Terms and our Privacy Policy.

These Terms are a general template for a Kenyan marketplace and are not legal advice. Qualified Kenyan counsel should review them before publication.

1. About Makazi

Makazi provides an online platform to search, list, and enquire about residential and commercial property across Kenya. We connect buyers, renters, agents, and landlords. Makazi is not a party to property transactions unless we explicitly say otherwise in writing.

2. Eligibility and accounts

• You must be at least 18 years old and able to enter a binding contract.
• You must provide accurate registration information and keep your credentials secure.
• You are responsible for activity under your account.
• We may suspend or close accounts that breach these Terms or applicable law.

3. Acceptable use

You agree not to:

• Post false, misleading, or fraudulent listings or reviews.
• Harass, threaten, or discriminate against other users.
• Scrape, reverse-engineer, or overload the Platform without permission.
• Use Makazi for money laundering, unlawful sub-letting, or other illegal activity.
• Upload malware, spam, or content that infringes intellectual property or privacy rights.
• Circumvent verification, trust, or safety features.

4. Listings and content

4.1 Accuracy

Agents, landlords, and sellers must ensure listings are accurate, current, and lawful — including correct pricing, location, tenure, and availability. You must promptly update or remove listings that are sold, rented, or no longer available.

4.2 Agent and landlord responsibilities

• Hold any licences or authorisations required under Kenyan law for your role.
• Respond to enquiries in a professional and timely manner.
• Comply with anti-money-laundering, consumer protection, and fair-housing principles.
• Only upload documents and images you have the right to share.

4.3 Our role

Makazi does not guarantee the accuracy of third-party listings, valuations, or neighbourhood data. We may moderate, reject, or remove content that violates these Terms or our policies. Verification badges indicate checks we have performed — they are not a guarantee of title, condition, or legal compliance.

5. Inquiries, messaging, and transactions

When you contact an agent or landlord through Makazi, you authorise us to share your contact details and message content with that party. Property viewings, offers, deposits, and sale or lease agreements are made directly between you and the listing party. Conduct your own due diligence — including physical inspection, title search, and independent legal advice — before committing to a transaction.

6. Fees and promotions

Some agent or listing features may be paid. Prices and billing terms will be shown before you purchase. Unless stated otherwise, fees are non-refundable once a promotion or service has started.

7. Intellectual property

Makazi's name, logo, software, and design are our property or our licensors'. You receive a limited, non-exclusive licence to use the Platform for personal or authorised business use. You retain ownership of content you upload, but grant us a licence to host, display, and promote it on Makazi in connection with the services.

8. Privacy and data protection

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using Makazi you acknowledge that policy. Where you process personal data of other users (for example as an agent), you must also comply with the Data Protection Act, 2019.

9. Disclaimers

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by Kenyan law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation.

10. Limitation of liability

To the maximum extent permitted by law, Makazi and its directors, employees, and affiliates are not liable for indirect, incidental, special, or consequential damages — including lost profits, lost deposits, or property disputes — arising from your use of the Platform or dealings with other users.

Our total liability to you for any claim relating to the Platform is limited to the greater of (a) the fees you paid to Makazi in the 12 months before the claim, or (b) KES 10,000 — except where liability cannot be limited under Kenyan law.

11. Indemnity

You agree to indemnify Makazi against claims, losses, and expenses arising from your breach of these Terms, your listings or content, or your dealings with other users — except to the extent caused by our gross negligence or wilful misconduct.

12. Termination

You may close your account at any time from your account settings. We may suspend or terminate access if you breach these Terms or if required by law. Sections that by nature should survive (including liability limits, indemnity, and governing law) will continue after termination.

13. Governing law and disputes

These Terms are governed by the laws of Kenya. Disputes shall be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to your right to complain to the Office of the Data Protection Commissioner regarding personal-data matters.

14. Changes

We may update these Terms from time to time. We will post the revised Terms on this page with an updated date. Material changes may also be notified by email or in-app notice. Continued use after changes constitutes acceptance.

15. Contact

Questions about these Terms: [DATA PROTECTION OFFICER EMAIL] or our Contact page.
Makazi Goldcrest Homes Limited · [REGISTERED OFFICE ADDRESS, KENYA]