Terms & Conditions

1. About HomesKE

HomesKE is a real estate marketplace that helps people discover properties in Kenya and connect with agents, brokers, landlords, property owners, developers, and other property professionals.

HomesKE provides a platform for listing, searching, advertising, and inquiring about properties. We do not own, sell, rent, lease, manage, inspect, value, or legally guarantee any property listed on the platform unless we expressly state otherwise in writing.

HomesKE is not a real estate agency, broker, legal adviser, financial adviser, surveyor, valuer, or property transaction party.

2. Key Definitions

In these Terms:

• “HomesKE,” “we,” “us,” or “our” means JAMIST HOMESKE LTD, trading as HomesKE, and the HomesKE platform.
• “Platform” means the HomesKE website, mobile site, application, dashboard, tools, features, and related services.
• “User,” “you,” or “your” means anyone who accesses or uses HomesKE.
• “Property Seeker” means a person using HomesKE to search for, view, save, inquire about, rent, lease, buy, or explore property.
• “Listing Partner” means an agent, broker, landlord, property owner, developer, property manager, or other person or business that submits, manages, advertises, or promotes a property listing on HomesKE.
• “Listing” means any property advertisement, property page, image, video, description, price, location, availability information, or other content submitted to or displayed on HomesKE.
• “Content” means text, images, videos, graphics, documents, messages, reviews, listings, data, and other materials on or submitted through HomesKE.

3. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to use HomesKE.

If you use HomesKE on behalf of a company, agency, brokerage, developer, landlord, or property owner, you confirm that you have authority to act on their behalf and bind them to these Terms.

4. User Accounts

Some features may require you to create an account.

You agree to:

1. Provide accurate, current, and complete information.
2. Keep your account details updated.
3. Keep your password and login details secure.
4. Accept responsibility for all activity under your account.
5. Notify HomesKE immediately if you suspect unauthorized access.
6. Not create fake, duplicate, misleading, or unauthorized accounts.
7. Not impersonate another person, company, agent, landlord, developer, or property owner.

HomesKE may refuse, suspend, restrict, or terminate an account if we believe the account is false, misleading, fraudulent, inactive, risky, or in breach of these Terms.

5. Verification

HomesKE may ask Users or Listing Partners to complete verification steps. This may include email verification, phone verification, identity verification, business verification, agent verification, broker verification, developer verification, property ownership confirmation, property authorization confirmation, or other checks.

Verification does not mean HomesKE guarantees a User, Listing, property, document, transaction, title, ownership, price, availability, or legal status.

A verified badge or verified status only means that certain checks were completed under HomesKE’s internal verification process at a specific point in time. It is not a legal guarantee, title search, property inspection, valuation, endorsement, or professional opinion.

HomesKE may remove verification status at any time.

6. Property Listings

Listing Partners are responsible for the accuracy, legality, and completeness of the Listings they submit.

By submitting a Listing, you confirm that:

1. You have authority to advertise the property.
2. The property exists.
3. The information provided is accurate, current, complete, and not misleading.
4. The price, rent, deposit, service charges, fees, location, size, amenities, and availability are correctly stated.
5. Photos, videos, floor plans, and descriptions are genuine and used with permission.
6. You will update or remove Listings that are no longer available or accurate.
7. The Listing does not violate any law, third-party rights, or HomesKE policy.

HomesKE may review, edit, reject, remove, downgrade, suspend, or flag any Listing at our discretion, especially where we believe it is fake, misleading, duplicated, expired, unauthorized, suspicious, or unlawful.

7. Prohibited Listings

You must not post Listings that:

1. Are fake, fraudulent, misleading, duplicated, expired, or unavailable.
2. Advertise property without authority.
3. Use stolen, copied, edited, or misleading images.
4. Misrepresent the location, price, ownership, condition, size, amenities, availability, or legal status of a property.
5. Request suspicious or unauthorized payments.
6. Promote illegal, disputed, unsafe, or unauthorized property.
7. Contain offensive, discriminatory, defamatory, abusive, or unlawful material.
8. Infringe another person’s intellectual property rights.
9. Include malware, phishing links, spam, or harmful content.

HomesKE may remove prohibited Listings without notice and without refund.

8. Property Seeker Responsibilities

Property Seekers use HomesKE to discover properties and connect with Listing Partners. However, Listings are submitted by third-party Listing Partners.

Before making any payment, signing any agreement, visiting a property, or entering into a transaction, Property Seekers should independently verify:

1. The identity of the Listing Partner.
2. The Listing Partner’s authority to advertise or transact.
3. The property’s ownership and title documents.
4. The property’s location, condition, size, and availability.
5. The rent, sale price, deposit, agency fees, service charges, and taxes.
6. The terms of any lease, sale agreement, payment plan, or reservation.
7. Any approvals, restrictions, disputes, encumbrances, or legal issues.

HomesKE strongly recommends seeking independent legal, financial, valuation, survey, or professional advice before completing any property transaction.

9. Verification, Listing Accuracy, and User Due Diligence

HomesKE is committed to building a more trusted real estate platform by taking steps to improve listing quality, reduce fake listings, and verify Listing Partners where possible.

HomesKE may conduct checks on Listing Partners, properties, contact details, business information, identity documents, authorization documents, ownership documents, or other supporting information. However, verification is based on the information and documents provided to HomesKE and any checks HomesKE is reasonably able to perform at the time.

A verified badge, verified account, verified agent, verified broker, verified developer, or verified listing means that certain checks have been completed under HomesKE’s internal verification process. It does not mean HomesKE guarantees the legal ownership, title status, physical condition, market value, availability, transaction terms, or legal compliance of any property.

HomesKE works to keep Listings accurate, current, and reliable, but Listings are submitted by third-party Listing Partners. Users should still independently verify important property information before making payments, signing agreements, attending viewings, or entering into any transaction.

HomesKE does not guarantee that:

1. A property will remain available after it is listed.
2. A Listing will always be complete, current, or free from human error.
3. A verification check will identify every risk, defect, dispute, or misrepresentation.
4. A property is free from title issues, ownership disputes, encumbrances, defects, unpaid charges, planning issues, or legal restrictions.
5. A User has the financial ability, intention, or legal capacity to complete a transaction.
6. A transaction will be completed successfully.
7. A Listing will generate a specific number of views, inquiries, leads, rentals, or sales.

Users are responsible for conducting their own due diligence and should seek independent legal, financial, valuation, survey, or professional advice before completing any property transaction.

10. Communication Between Users

HomesKE may allow Users to contact each other through forms, phone links, email links, WhatsApp links, chat tools, inquiry forms, saved property features, or other communication methods.

You agree not to use HomesKE communication tools to:

1. Send spam or unrelated marketing.
2. Harass, threaten, abuse, or mislead others.
3. Share false or fraudulent information.
4. Request suspicious payments.
5. Collect or misuse personal data.
6. Send malware, phishing links, or harmful content.
7. Circumvent HomesKE’s fees, rules, or systems.
8. Engage in discrimination, fraud, bribery, or unlawful activity.

HomesKE may monitor, restrict, block, or remove communications where necessary for security, fraud prevention, support, compliance, or enforcement.

11. Payments, Subscriptions, and Paid Services

HomesKE may offer paid services, including listing packages, subscriptions, developer plans, advertising, verification services, lead-generation tools, or other paid products.

By purchasing a paid service, you agree to pay all applicable fees, taxes, charges, and payment processing costs.

HomesKE may change pricing, plan features, billing cycles, promotions, or paid-service terms from time to time. Any changes will apply according to the terms presented at purchase, renewal, or upgrade.

Payments may be processed by third-party payment providers, banks, mobile money providers, or card processors. HomesKE is not responsible for payment delays, declines, reversals, errors, network issues, or third-party payment failures.

Unless stated otherwise, payments made to HomesKE are non-refundable.

12. Refunds and Cancellations

Refunds are not guaranteed and may be issued only at HomesKE’s discretion or where required by law.

No refund will normally be provided where:

1. A Listing is removed for violating these Terms.
2. An account is suspended or terminated for misconduct.
3. A User submitted false, misleading, or unauthorized information.
4. A paid Listing did not generate the expected views, inquiries, leads, rentals, or sales.
5. A User changes their mind after purchase.
6. A payment issue was caused by incorrect details or a third-party provider.

Subscription cancellation may stop future renewals but does not automatically entitle the User to a refund for fees already paid.

13. User Content

By uploading or submitting Content to HomesKE, including Listings, photos, videos, descriptions, logos, reviews, or messages, you confirm that you own or have permission to use that Content.

You grant HomesKE a non-exclusive, worldwide, royalty-free license to use, display, store, reproduce, edit, resize, publish, promote, and distribute your Content for purposes related to operating, improving, marketing, and promoting the Platform.

You are responsible for ensuring that your Content is lawful, accurate, and does not violate the rights of others.

HomesKE may remove or edit Content that violates these Terms or creates legal, reputational, security, or operational risk.

14. HomesKE Intellectual Property

The HomesKE name, logo, design, platform, software, graphics, layout, features, database, branding, and related materials belong to HomesKE or its licensors.

You may not copy, reproduce, sell, modify, distribute, scrape, reverse engineer, or exploit any part of HomesKE without our prior written permission.

15. Prohibited Conduct

You must not use HomesKE to:

1. Break the law.
2. Commit fraud or misrepresentation.
3. Post fake, unauthorized, or misleading Listings.
4. Impersonate another person or business.
5. Create duplicate or fake accounts.
6. Scrape, copy, or harvest platform data without permission.
7. Interfere with platform security or operation.
8. Upload viruses, malware, or harmful code.
9. Send spam or abusive messages.
10. Manipulate views, clicks, rankings, reviews, or leads.
11. Misuse personal data.
12. Harass, threaten, discriminate against, or abuse others.
13. Avoid HomesKE’s fees, systems, or rules.
14. Damage HomesKE’s reputation, security, or business.

HomesKE may investigate and take action against prohibited conduct.

16. Suspicious Activity

HomesKE may treat the following as suspicious activity:

1. Fake or duplicate Listings.
2. Repeated complaints from Users.
3. Unrealistic property prices.
4. Copied photos from other websites.
5. Requests for payment before viewing or verification.
6. Multiple accounts using the same or similar details.
7. False identity, business, or property information.
8. Spam messages or excessive inquiries.
9. Attempts to manipulate listing visibility or analytics.
10. Attempts to access another User’s account or restricted systems.

HomesKE may suspend accounts, remove Listings, request additional verification, restrict access, report matters to authorities, or take legal action where appropriate.

17. Privacy and Data Protection

HomesKE collects and uses personal data in accordance with our Privacy Policy.

By using HomesKE, you agree that we may collect, use, store, and share personal data for purposes such as:

1. Account registration.
2. Identity and contact verification.
3. Listing management.
4. User communication.
5. Lead generation.
6. Payment processing.
7. Fraud prevention.
8. Platform security.
9. Customer support.
10. Marketing, where permitted.
11. Legal compliance.
12. Dispute resolution.

Users must not misuse personal data obtained through HomesKE. Listing Partners may only use Property Seeker contact information for legitimate property-related communication connected to the inquiry made.

18. Third-Party Links and Services

HomesKE may contain links or integrations with third-party websites, maps, payment providers, WhatsApp, email tools, social media platforms, advertisers, analytics providers, or other services.

HomesKE does not control and is not responsible for third-party websites, services, content, policies, fees, security, availability, or conduct.

Your use of third-party services is governed by their own terms and policies.

19. Safety

Users are responsible for their own safety when communicating, arranging viewings, meeting others, or making payments.

HomesKE recommends that Users:

1. Verify identities before meeting.
2. Avoid making payments before proper verification.
3. Inspect properties in person where possible.
4. Avoid carrying large amounts of cash.
5. Meet in safe conditions.
6. Inform someone trusted before attending a viewing.
7. Seek professional advice before signing agreements.
8. Report suspicious activity to HomesKE and relevant authorities.

HomesKE is not responsible for injury, theft, fraud, loss, damage, or harm arising from meetings, viewings, payments, or transactions between Users.

20. Platform Availability

HomesKE aims to keep the Platform available and reliable, but we do not guarantee that it will always be uninterrupted, secure, error-free, or available.

HomesKE may update, modify, suspend, restrict, discontinue, or remove any part of the Platform at any time.

We are not responsible for downtime, bugs, data loss, cyberattacks, internet outages, payment failures, third-party failures, or technical issues outside our reasonable control.

21. Account Suspension or Termination

HomesKE may suspend, restrict, or terminate your account or access to the Platform if:

1. You breach these Terms.
2. You provide false or misleading information.
3. You post fake, unauthorized, or unlawful Listings.
4. You fail to pay fees.
5. You misuse personal data or leads.
6. You engage in fraud, abuse, spam, or suspicious activity.
7. Your conduct creates legal, financial, security, reputational, or operational risk.
8. HomesKE is required to do so by law, authority, court order, regulator, or payment provider.

Termination may result in loss of access to your account, Listings, messages, leads, analytics, saved properties, and paid features.

22. Disclaimer

HomesKE is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, HomesKE makes no warranties or guarantees regarding the Platform, Listings, Users, properties, transactions, communications, leads, availability, accuracy, reliability, or results.

You use HomesKE at your own risk.

23. Limitation of Liability

To the maximum extent permitted by law, HomesKE shall not be liable for any indirect, incidental, special, consequential, punitive, or economic loss, including loss of profits, loss of revenue, loss of data, loss of opportunity, reputational harm, property loss, fraud loss, or failed transactions.

HomesKE shall not be liable for:

1. False, misleading, or inaccurate Listings.
2. User fraud or misconduct.
3. Payments made between Users.
4. Property defects or disputes.
5. Ownership, title, or legal issues.
6. Failed sales, rentals, leases, or negotiations.
7. Third-party payment, communication, or website failures.
8. Safety incidents during viewings or meetings.
9. Actions taken by HomesKE in good-faith enforcement of these Terms.

Where HomesKE is found liable despite these Terms, HomesKE’s total liability shall not exceed the amount paid by the User to HomesKE for the specific service giving rise to the claim during the three months before the claim arose, or KSh [Insert Amount], whichever is lower.

24. Indemnity

You agree to indemnify and hold HomesKE harmless from any claims, losses, damages, liabilities, penalties, costs, and expenses arising from:

1. Your use of HomesKE.
2. Your breach of these Terms.
3. Your Listings or Content.
4. Your communications or transactions with other Users.
5. Your violation of any law.
6. Your fraud, negligence, misconduct, or misrepresentation.
7. Your misuse of personal data.
8. Your infringement of third-party rights.
9. Your failure to obtain authority to list property.

This section continues to apply even after your account is closed or terminated.

25. Reporting Issues

You may report suspicious Listings, fake accounts, fraud, abuse, inaccurate information, or policy violations by contacting HomesKE.

Email: [Insert Support Email]
Phone: [Insert Phone Number]
Address: [Insert Business Address]

HomesKE may review reports and take action where appropriate, but we do not guarantee any specific outcome, refund, compensation, or resolution.

26. Changes to These Terms

HomesKE may update these Terms from time to time.

Where changes are material, we may notify Users through the Platform, email, account notice, or other reasonable method.

Your continued use of HomesKE after the updated Terms become effective means you accept the updated Terms.

27. Governing Law

These Terms shall be governed by the laws of Kenya.

28. Dispute Resolution

If a dispute arises, you agree to first contact HomesKE and attempt to resolve the matter in good faith.

If the dispute cannot be resolved informally, it shall be handled through the courts of Kenya, unless HomesKE and the User agree in writing to another dispute resolution method such as mediation or arbitration.

29. General Terms

If any part of these Terms is found to be invalid or unenforceable, the remaining sections will continue to apply.

HomesKE’s failure to enforce any part of these Terms does not mean we waive our rights.

You may not transfer your rights or obligations under these Terms without HomesKE’s written permission.

HomesKE may transfer its rights or obligations as part of a merger, acquisition, restructuring, investment, sale of assets, or business transfer.

These Terms, together with our Privacy Policy and other published policies, form the full agreement between you and HomesKE regarding use of the Platform.

30. Contact Us

For questions about these Terms, contact: