Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between Zarifa Real Estate Ltd. ("Zarifa," "we," "us," or "our"), a company registered in Kenya, and you, the user of our website (https://zarifarealestate.com), the Zarifa App on Google Play, or any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
Please also review our Privacy Policy, which is incorporated into these Terms by reference. We reserve the right to modify these Terms at any time, with changes posted on our website or app.
Account Registration
To access certain features of the Services, you must register an account ("Account") and provide accurate information, including your name, contact details, and identity documents where required.
- Eligibility: You must be at least 18 years old or have the consent of a parent/guardian to use our Services.
- Account Security: You are responsible for maintaining the confidentiality of your Account details and for all activities under your Account.
- Single Account: Each user may register only one Account. Duplicate accounts may be suspended.
- Suspension/Termination: We may suspend or terminate your Account if you breach these Terms, engage in fraudulent activity, or misuse the Services.
Use of Services
The Zarifa App and website allow users to:
- List, browse, buy, or sell properties in Kenya through Zarifa Real Estate Ltd.
- Engage with Zarifa for facilitated property transactions, where all communications and transactions are handled by our team to ensure security and professionalism.
- Access professional services such as land surveying and legal support for transfers.
User Responsibilities
Accurate Information:
You must provide complete and accurate information in listings, including property details, price, and terms of sale.
Compliance:
Listings and transactions must comply with Kenyan laws, including land and property regulations.
Prohibited Content:
You may not post listings that:
- Are false, misleading, or fraudulent.
- Infringe intellectual property or other rights.
- Contain illegal, offensive, or harmful content.
- Promote prohibited items or services under Kenyan law.
Taxes:
You are responsible for collecting and remitting any applicable taxes related to transactions.
Fees
- Free Services: Use of the Zarifa App and website is entirely free for all users, including listing, browsing, and engaging in property transactions facilitated by Zarifa
- No Paid Services: There are no premium listings, advertising options, or other paid features on our platform.
- Transaction Requirement: All property transactions must be conducted through Zarifa to ensure security and compliance. Transactions conducted outside our platform are not supported or authorized by Zarifa.
Intellectual Property
User Content:
You retain ownership of content you submit (e.g., property listings, photos). By posting, you grant Zarifa a non-exclusive, worldwide, perpetual license to use, display, and distribute this content for providing and promoting our Services.
Zarifa Content:
All materials on our platforms, including text, images, and logos, are owned or licensed by Zarifa and protected by copyright and other laws. Unauthorized use is prohibited.
Infringement Claims:
If you believe content on our platforms infringes your intellectual property rights, contact us at info@zarifarealestate.com with details, including proof of ownership and the specific content in question.
Limitation of Liability
- Zarifa is not liable for any indirect, consequential, or punitive damages arising from your use of the Services or any transactions not conducted through Zarifa Real Estate Ltd.
- You assume all risks related to transactions, including property quality, title disputes, or payment issues. No transactions are conducted within the Zarifa App. All transactions must be conducted through Zarifa Real Estate Ltd. at our office or through other designated means. Zarifa is not liable for any transactions conducted outside our direct facilitation, as all property transactions must be handled by our team to ensure security and compliance with Kenyan laws.
Indemnity
You agree to indemnify Zarifa, its affiliates, and representatives against any claims, losses, or damages arising from:
- Your use of the Services.
- Your content or listings.
- Your violation of these Terms or applicable laws.
- Any transactions not conducted through Zarifa Real Estate Ltd., as all property transactions must be facilitated by our team at our office or through other designated means.
Governing Law and Dispute Resolution
- These Terms are governed by the laws of Kenya.
- Disputes arising from these Terms will be resolved through arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules, conducted in English.
Miscellaneous
- Severability: If any provision of these Terms is found invalid, the remaining provisions remain enforceable.
- Assignment: We may assign our rights under these Terms without your consent.
- Force Majeure: We are not liable for failures due to events beyond our reasonable control.
Contact Us
For questions or notices regarding these Terms, contact:
- Email: info@zarifarealestate.com
- Phone: +254 708 513 255
- Address: Kimathi Way, Nyeri, Kenya