These Terms and Conditions (hereinafter referred to as “the Agreement”) govern the use of services provided by MDL PROPERTIES Limited (hereinafter referred to as “the Company”), a real estate company based in Kenya. By accessing or using any services provided by MDL PROPERTIES Limited, you agree to be bound by the terms and conditions set forth below:
Scope of Services:
1.1 The Company provides real estate services, including but not limited to property sales, property management, property valuations, property leasing, and related advisory services.
1.2 The Company may, at its discretion, modify or expand the services provided, and such modifications or expansions shall be subject to this Agreement.
Client Obligations:
2.1 Clients must provide accurate and complete information when engaging with the Company’s services.
2.2 Clients are responsible for verifying the accuracy and suitability of any information provided by the Company and making independent decisions based on such information.
Property Listings:
3.1 The Company may provide property listings through various channels, including its website, third-party websites, print media, and other marketing platforms.
3.2 Property listings provided by the Company are based on information received from property owners or their authorized representatives. The Company does not guarantee the accuracy, completeness, or availability of any property listing.
3.3 Clients are advised to conduct their own due diligence, inspections, and verifications regarding any property before entering into any agreements or transactions.
Fees and Payments:
4.1 Clients shall pay the Company fees for the services provided, as outlined in separate fee schedules or as agreed upon in writing.
4.2 All fees and payments shall be made in the currency specified by the Company and within the timeframe specified in the respective invoices or agreements.
4.3 In the event of late or non-payment, the Company reserves the right to take appropriate actions to recover outstanding amounts, including but not limited to charging interest, suspending services, and initiating legal proceedings.
Intellectual Property:
5.1 The Company retains all intellectual property rights, including copyrights, trademarks, and trade secrets, associated with its services, website, software, databases, and other materials.
5.2 Clients shall not use, reproduce, modify, distribute, or create derivative works of the Company’s intellectual property without prior written consent.
Confidentiality:
6.1 The Company and its clients may share confidential information during the course of their engagement. Both parties agree to treat such information as confidential and not disclose it to any third party without prior written consent, except as required by law.
6.2 The Company may collect and process personal data in accordance with applicable data protection laws. Clients acknowledge and consent to the Company’s privacy practices as outlined in its Privacy Policy.
Limitation of Liability:
7.1 The Company shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from or related to its services, including but not limited to property transactions, property valuations, or property management.
7.2 Clients agree to indemnify and hold the Company and its employees, agents, and representatives harmless from any claims, losses, damages, liabilities, costs, or expenses arising from their use of the Company’s services.
Termination:
8.1 Either party may terminate this Agreement by providing written notice to the other party.
8.2 Termination shall not relieve the parties of any obligations or liabilities accrued prior to the termination date.
Governing Law and Jurisdiction:
9.1 This Agreement shall be governed by and construed in accordance with the laws of Kenya.
9.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Kenya
