Terms and Conditions

By accessing, browsing, or using the PropertyHive247 platform ("Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must immediately cease using the Platform.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and Nexusbridge Limited, a company registered in Kenya under Certificate of Incorporation No. PVT-A71ORZO2 ("PropertyHive247", "we", "us", or "our").

PropertyHive247 is owned and operated by Nexusbridge Limited, a company registered in Kenya under Certificate of Incorporation No. PVT-A71ORZO2. Postal address: P.O. Box 433, Chuka, 60400, Kenya.

PropertyHive247 reserves the right to modify, amend, or update these Terms at any time without prior notice. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2.1 Age Requirement: You must be at least 18 years of age and possess the legal capacity to enter into binding contracts under the Laws of Kenya to use this Platform.

2.2 Accurate Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

2.3 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify PropertyHive247 of any unauthorized use of your account.

2.4 One Account Policy: Each user may maintain only one account. Multiple accounts may result in immediate termination of all accounts without notice.

2.5 Verification: PropertyHive247 reserves the right to verify your identity and the information you provide. Failure to cooperate with verification requests may result in account suspension or termination.

2.6 Professional Users: Agents, brokers, and other real estate professionals must provide valid registration details including their respective regulatory body registration numbers where applicable.

3.1 PropertyHive247 provides an online platform that connects property sellers, buyers, landlords, tenants, real estate agents, and other property-related service providers.

3.2 Listing Services: Users may list properties for sale or rent subject to our approval process. All listings must:
   a) Contain accurate and truthful information
   b) Include genuine photographs of the actual property
   c) Reflect the actual price and terms
   d) Comply with all applicable Kenyan laws and regulations

3.3 Approval Process: All property listings are subject to administrative approval before publication. PropertyHive247 reserves the absolute right to reject, remove, or modify any listing without providing reasons.

3.4 No Guarantee: PropertyHive247 does not guarantee the accuracy, completeness, or reliability of any listing, user, or transaction. We are not a party to any transaction between users.

3.5 Third-Party Services: The Platform may integrate with third-party services. Your use of such services is subject to their respective terms and conditions.

You agree NOT to:

4.1 Post false, misleading, or fraudulent property listings or information.

4.2 Engage in any form of fraud, scam, or deceptive practices including but not limited to:
   a) Advance fee fraud
   b) Impersonation of property owners or agents
   c) Misrepresentation of property ownership or status
   d) Fake documentation

4.3 Use the Platform for money laundering or other financial crimes as defined under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).

4.4 Violate any applicable laws including but not limited to:
   a) The Land Registration Act, 2012
   b) The Land Act, 2012
   c) The Computer Misuse and Cybercrimes Act, 2018
   d) The Data Protection Act, 2019
   e) The Consumer Protection Act, 2012

4.5 Harass, threaten, or abuse other users.

4.6 Attempt to circumvent PropertyHive247's fees or commission structures.

4.7 Scrape, harvest, or collect user data without authorization.

4.8 Upload viruses, malware, or other harmful code.

4.9 Interfere with the proper functioning of the Platform.

4.10 Create fake accounts or provide false identity information.

VIOLATION OF THESE TERMS MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION AND REPORTING TO RELEVANT KENYAN AUTHORITIES INCLUDING THE DIRECTORATE OF CRIMINAL INVESTIGATIONS (DCI).

5.1 Accuracy of Listings: Sellers and agents warrant that all information in their listings is accurate and that they have the legal right to sell or rent the property.

5.2 Due Diligence: Buyers and tenants are strongly advised to:
   a) Conduct independent verification of all property information
   b) Verify land ownership through official land registry searches
   c) Engage qualified advocates for conveyancing
   d) Conduct physical property inspections
   e) Verify the identity of sellers/landlords

5.3 No Liability for Transactions: PropertyHive247 is NOT a party to any transaction. We do not:
   a) Guarantee the condition, legality, or suitability of any property
   b) Guarantee the completion of any transaction
   c) Provide legal, financial, or investment advice
   d) Hold or manage funds on behalf of users

5.4 Transaction Disputes: Any disputes arising from transactions must be resolved directly between the parties. PropertyHive247 may, at its sole discretion, assist with mediation but has no obligation to do so.

5.5 Professional Advice: Users are strongly advised to seek independent legal, financial, and professional advice before entering into any property transaction.

5.6 No Responsibility for Posted Content: All listings, photographs, descriptions, reviews, and any other content posted on the Platform by agents or users are the sole responsibility of the person or entity that posted them. PropertyHive247, its owners, directors, and employees are NOT responsible or liable for the accuracy, legality, truthfulness, or consequences of any content posted by agents or users, and do not endorse or verify such content.

6.1 Platform Fees: Certain services on the Platform may be subject to fees. All applicable fees will be clearly displayed before you incur them.

6.2 Payment Terms: All fees are payable in Kenya Shillings (KES) unless otherwise specified. Payments must be made through approved payment methods.

6.3 Non-Refundable: Unless otherwise stated, all fees paid are non-refundable.

6.4 Taxes: Users are responsible for all applicable taxes, including VAT, on their transactions. PropertyHive247 will comply with all tax requirements under Kenyan law.

6.5 Commission: Real estate agents and brokers are responsible for their own commission arrangements with clients. PropertyHive247 is not liable for any disputes regarding commissions.

6.6 Price Changes: PropertyHive247 reserves the right to change its fees at any time. Changes will be communicated in advance.

7.1 Data Protection Compliance: PropertyHive247 processes personal data in accordance with the Data Protection Act, 2019 of Kenya and is registered with the Office of the Data Protection Commissioner.

7.2 Data Collection: We collect and process personal data as described in our Privacy Policy. By using the Platform, you consent to such collection and processing.

7.3 Data Security: We implement appropriate technical and organizational measures to protect your personal data. However, no system is completely secure, and we cannot guarantee absolute security.

7.4 Third-Party Sharing: We may share your data with third parties as described in our Privacy Policy and as required by law.

7.5 Your Rights: Under the Data Protection Act, 2019, you have rights including:
   a) Right to access your personal data
   b) Right to rectification of inaccurate data
   c) Right to erasure (subject to legal requirements)
   d) Right to object to processing
   e) Right to data portability

7.6 Data Retention: We retain personal data for as long as necessary to fulfill the purposes for which it was collected and to comply with legal obligations.

8.1 PropertyHive247 Ownership: All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, software, and compilation thereof, are the exclusive property of PropertyHive247 or its licensors and are protected by Kenyan and international intellectual property laws.

8.2 User Content License: By posting content on the Platform, you grant PropertyHive247 a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and promoting the Platform.

8.3 Prohibited Use: You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Platform content without our express written permission.

8.4 Trademarks: "PropertyHive247" and related logos are trademarks of Nexusbridge Limited. Unauthorized use is strictly prohibited.

8.5 Listing Content Ownership and Responsibility: Agents, landlords, and community users who submit listings to the Platform (including photographs, videos, floor plans, descriptions, documents, and any other materials) remain the owners of that content and accept SOLE responsibility for it. PropertyHive247 does not own, verify, or endorse listing content submitted by users.

8.6 Copyright Warranty: By submitting any listing or content, you expressly confirm, represent, and warrant that:
   a) You own, or are lawfully licensed to use, all photographs, videos, text, and other materials included in your submission
   b) Your content does NOT breach or infringe the copyright, intellectual property, privacy, publicity, or any other rights of any third party
   c) You have obtained all necessary permissions and consents, including from property owners, photographers, and any persons appearing in photographs or videos
   d) Your content complies with the Copyright Act, 2001 of Kenya and all other applicable laws

8.7 No Copyright Breach: You acknowledge that PropertyHive247 relies on your warranty in Clause 8.6. Submitting content that breaches copyright is a material breach of these Terms and may result in immediate removal of the content, suspension or termination of your account, and reporting to the relevant authorities.

8.8 Takedown and Repeat Infringement: PropertyHive247 reserves the right to remove any listing or content, without notice or liability, upon receiving a credible claim that it infringes third-party rights. Users with repeated infringement claims against them will have their accounts terminated permanently.

8.9 Indemnity for Content: You agree to fully indemnify and hold PropertyHive247 harmless from any claims, losses, damages, costs (including legal fees), and liabilities arising from content you submit, as further set out in Clause 10 (Indemnification).

9.1 AS-IS BASIS: THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9.2 NO WARRANTIES: PROPERTYHIVE247 DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:
   a) MERCHANTABILITY
   b) FITNESS FOR A PARTICULAR PURPOSE
   c) NON-INFRINGEMENT
   d) ACCURACY OR COMPLETENESS OF INFORMATION

9.3 LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, PROPERTYHIVE247 SHALL NOT BE LIABLE FOR:
   a) Any indirect, incidental, special, consequential, or punitive damages
   b) Loss of profits, revenue, data, or business opportunities
   c) Any damages arising from transactions between users
   d) Any damages arising from unauthorized access to your account
   e) Any damages exceeding the fees paid by you to PropertyHive247 in the 12 months preceding the claim

9.4 User Responsibility: You acknowledge that you use the Platform at your own risk and are solely responsible for verifying all information and conducting appropriate due diligence.

9.5 Force Majeure: PropertyHive247 shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

You agree to indemnify, defend, and hold harmless PropertyHive247, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

a) Your use of the Platform
b) Your violation of these Terms
c) Your violation of any applicable law or regulation
d) Your violation of any third-party rights
e) Any content you post or submit to the Platform
f) Any transaction you enter into through the Platform
g) Any fraudulent or illegal activity conducted through your account

This indemnification obligation shall survive the termination of your account and these Terms.

11.1 Termination by User: You may terminate your account at any time by contacting our support team. Termination does not relieve you of any obligations incurred prior to termination.

11.2 Termination by PropertyHive247: We may suspend or terminate your account immediately, without prior notice or liability, for any reason including, but not limited to:
   a) Breach of these Terms
   b) Suspected fraudulent or illegal activity
   c) Request by law enforcement or government agencies
   d) Discontinuation of the Platform or any part thereof
   e) Unexpected technical or security issues

11.3 Effect of Termination: Upon termination:
   a) Your right to use the Platform immediately ceases
   b) All active listings will be removed
   c) You remain liable for any outstanding obligations
   d) Provisions that by their nature should survive termination shall survive

11.4 No Refunds: Unless required by law, no refunds will be provided upon termination.

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the Laws of the Republic of Kenya.

12.2 Jurisdiction: The courts of Kenya shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

12.3 Mediation: Before initiating legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation and, if unsuccessful, through mediation administered by a mutually agreed mediator or the Chartered Institute of Arbitrators (Kenya Branch).

12.4 Arbitration: If mediation fails, disputes shall be finally resolved by arbitration in accordance with the Arbitration Act, 1995 of Kenya. The arbitration shall be conducted in Nairobi, Kenya, in the English language.

12.5 Class Action Waiver: You agree to resolve disputes with PropertyHive247 on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

12.6 Time Limitation: Any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

13.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PropertyHive247 regarding the Platform.

13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.

13.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. PropertyHive247 may assign these Terms without restriction.

13.5 Notices: All notices from PropertyHive247 will be sent to your registered email address or posted on the Platform. Notices to PropertyHive247 must be sent to our official contact address.

13.6 Language: These Terms are drafted in English. In case of any discrepancy between English and any translation, the English version shall prevail.

13.7 Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

13.8 No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PropertyHive247.

For questions, concerns, or complaints regarding these Terms, please contact us:

Nexusbridge Limited
P.O. Box 433, Chuka, 60400
Kenya

Email: info@propertyhive247.com

Office of the Data Protection Commissioner (for data protection concerns):
Website: www.odpc.go.ke

Consumer Protection: 
Competition Authority of Kenya
Website: www.cak.go.ke