Welcome to Archstone Kenya. By accessing or using our website, mobile application, or any of our services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, please do not use our Platform.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Archstone Kenya ("Company," "we," "us," or "our"). By using our Platform, you represent that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction
• You have the legal capacity to enter into a binding contract
• You will use the Platform in compliance with these Terms and all applicable laws
• All information you provide is accurate, current, and complete

Archstone Kenya provides an online platform for real estate services in Kenya, including but not limited to:

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.

3.1 Account Creation

To access certain features of the Platform, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized account access

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We recommend:

• Using a strong, unique password
• Not sharing your account credentials with others
• Logging out after each session on shared devices
• Enabling two-factor authentication if available

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4.1 Listing Accuracy

While we strive to ensure the accuracy of property listings, Archstone Kenya does not guarantee:

• The accuracy, completeness, or reliability of listing information
• The availability of properties listed on the Platform
• That property descriptions match the actual property condition
• The accuracy of prices, specifications, or amenities

4.2 Third-Party Listings

Some listings may be provided by third-party agents, brokers, or property owners. We are not responsible for the accuracy or legality of these listings.

4.3 Property Verification

Users are strongly encouraged to:

• Conduct independent verification of property information
• Physically inspect properties before making decisions
• Verify ownership and legal documentation
• Conduct due diligence on property transactions
• Consult with legal and financial professionals

When using the Platform, you agree NOT to:

Violation of these rules may result in immediate account suspension or termination, and we may report illegal activities to law enforcement authorities.

6.1 Platform Role

Archstone Kenya acts as a platform connecting buyers, sellers, landlords, and tenants. We are NOT:

• A party to any property transaction between users
• A real estate agent or broker (unless explicitly stated)
• Responsible for the completion of transactions
• Liable for disputes between transaction parties

6.2 User Responsibility

Users are solely responsible for:

• Negotiating and finalizing transaction terms
• Conducting due diligence on properties and counterparties
• Verifying legal title and documentation
• Complying with all applicable laws and regulations
• Paying applicable taxes, fees, and commissions

6.3 Professional Advice

We strongly recommend engaging qualified professionals including:

• Real estate lawyers
• Property surveyors
• Financial advisors
• Licensed real estate agents

7.1 Platform Ownership

All content on the Platform, including but not limited to text, graphics, logos, images, videos, software, and design, is the property of Archstone Kenya or its content suppliers and is protected by Kenyan and international copyright laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes. You may NOT:

• Reproduce, distribute, or modify Platform content
• Use content for commercial purposes without permission
• Remove copyright or proprietary notices
• Create derivative works from Platform content
• Use automated systems to scrape or extract data

7.3 User-Generated Content

By submitting content to the Platform, you grant Archstone Kenya a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for Platform operation and marketing purposes.

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you consent to:

• The collection and processing of your personal data as described in our Privacy Policy
• The use of cookies and similar tracking technologies
• The transfer of your data to service providers and partners
• Receiving communications related to your account and services

9.1 Service Fees

Certain services on the Platform may require payment of fees. All fees are:

• Clearly displayed before purchase
• Non-refundable unless otherwise stated
• Subject to change with notice
• Exclusive of applicable taxes

9.2 Payment Processing

Payments are processed securely through third-party payment processors. You agree to:

• Provide accurate payment information
• Authorize charges to your payment method
• Pay all applicable fees and taxes
• Comply with payment processor terms

9.3 Commissions

Real estate transactions may involve commissions payable to agents or brokers. These are separate from Platform fees and should be agreed upon between parties.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or availability
• Warranties that the Platform will be uninterrupted or error-free
• Warranties regarding third-party content or services

Archstone Kenya makes no representations or warranties about:

• The accuracy or completeness of property listings
• The conduct or qualifications of users or third parties
• The outcome of property transactions
• The legality or safety of listed properties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHSTONE KENYA SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Property damage or personal injury
• Disputes between users or with third parties
• Actions or omissions of third-party service providers
• Unauthorized access to or alteration of your data
• Errors, mistakes, or inaccuracies in content

Our total liability for any claim arising from your use of the Platform shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or KES 10,000, whichever is less.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Archstone Kenya, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Any content you submit to the Platform
• Your property transactions or interactions with other users

This indemnification obligation will survive termination of these Terms and your use of the Platform.

13.1 By You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

13.2 By Us

We reserve the right to suspend or terminate your account and access to the Platform, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Any reason at our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform will immediately cease
• Your account data may be deleted
• Provisions that by their nature should survive will continue to apply
• You remain liable for all obligations incurred before termination

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

14.2 Jurisdiction

You agree that any dispute arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya.

14.3 Dispute Resolution

Before initiating legal proceedings, we encourage you to:

• Contact us to attempt informal resolution
• Allow 30 days for us to address your concern
• Consider mediation or alternative dispute resolution

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We may notify you via email or Platform notification
• Material changes may require your acceptance
• Continued use after changes constitutes acceptance

We encourage you to review these Terms periodically to stay informed of any updates.

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us: