Terms & Conditions

Please read these terms carefully before using our real estate services

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Important Notice

Last updated: January 15, 2024. These terms constitute a legally binding agreement.

1

Acceptance of Terms

By accessing and using NOVA NEST Real Estate's website, mobile application, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you must immediately discontinue use of our services.

Important: These terms contain provisions that limit our liability and require individual arbitration for disputes.

2

Services Description

NOVA NEST Real Estate provides a platform connecting property buyers, sellers, landlords, tenants, and real estate professionals. Our services include but are not limited to:

  • Property listing and marketing services
  • Real estate transaction facilitation
  • Property valuation and market analysis
  • Agent matching and referral services

Note: We act as intermediaries and do not guarantee the completion of any real estate transaction.

3

User Obligations & Responsibilities

3.1 Account Registration

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. You are responsible for safeguarding your account credentials and for all activities under your account.

3.2 Prohibited Activities

You agree not to:

  • Post false, misleading, or fraudulent property information
  • Engage in discriminatory housing practices
  • Circumvent our fee structure or commission agreements
  • Use our platform for any illegal or unauthorized purpose

Violation Consequences: Breach of these obligations may result in immediate account suspension, legal action, and reporting to relevant authorities.

4

Property Listings & Content

4.1 Listing Accuracy

Property owners and agents are solely responsible for the accuracy, completeness, and legality of their listings. NOVA NEST Real Estate does not verify property information and disclaims all liability for inaccurate listings.

4.2 Intellectual Property

By submitting property photos, descriptions, or other content, you grant NOVA NEST Real Estate a worldwide, royalty-free license to use, display, and distribute such content for promotional and operational purposes.

4.3 Right to Remove

We reserve the right to remove any listing that violates our policies, appears fraudulent, or fails to meet our quality standards without prior notice.

5

Real Estate Transactions

5.1 Agency Relationships

All real estate agency relationships must be documented through written agreements. NOVA NEST Real Estate facilitates connections but does not establish agency relationships unless specifically contracted.

5.2 Commission & Fees

Commission rates and service fees are negotiable between parties and must be clearly stated in written agreements. All financial transactions should be conducted through proper legal and banking channels.

5.3 Due Diligence

Buyers and tenants are responsible for conducting their own due diligence, including property inspections, title searches, and verification of all material facts before completing any transaction.

6

Liability & Disclaimers

6.1 No Warranty

Our services are provided "as is" without warranties of any kind. NOVA NEST Real Estate does not warrant the accuracy, completeness, or reliability of any property information, user content, or third-party services.

6.2 Limitation of Liability

To the maximum extent permitted by law, NOVA NEST Real Estate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from your use of our services.

6.3 Indemnification

You agree to indemnify and hold harmless NOVA NEST Real Estate, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your breach of these terms or violation of any laws.

Legal Disclaimer

Real estate transactions involve significant financial and legal consequences. We strongly recommend consulting with qualified real estate attorneys, financial advisors, and licensed real estate professionals before entering into any binding agreements.

7

Governing Law & Dispute Resolution

7.1 Governing Law

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

7.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya. You waive your right to participate in class-action lawsuits or class-wide arbitration.

7.3 Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms.

Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.