Terms & Conditions

By accessing or using our website or engaging our services you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the website or services.

• Use the website lawfully and only for its intended purpose.
• Do not upload malicious code or attempt to breach our security.
• Do not infringe the rights of any other person or misrepresent your identity.
• Do not use the website in a manner that could damage or overload our infrastructure.

Specific services (consultancy, property management, maintenance, construction) are governed by a separate signed service agreement setting out scope, deliverables, fees, timelines, warranties and termination. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement shall prevail for that engagement.

Our services are provided in accordance with, among others:

• The Constitution of Kenya, 2010.
• The Estate Agents Act (Cap. 533) and the Estate Agents Registration Board (EARB).
• The Landlord and Tenant Act (as amended).
• The Land Act, 2012 and the Land Registration Act, 2012.
• The National Construction Authority Act, 2011 and NCA Regulations.
• The Physical and Land Use Planning Act, 2019 and applicable county by-laws.
• The Occupational Safety and Health Act, 2007.
• The Environmental Management and Coordination Act (EMCA), 1999.
• The Consumer Protection Act, 2012 and the Competition Act, 2010.
• The Data Protection Act, 2019 (see our Privacy Policy).
• The Proceeds of Crime and Anti-Money Laundering Act, 2009.
• The Tax Procedures Act, the Income Tax Act, and the VAT Act, 2013.

• Provide accurate, complete and lawful information and documentation.
• Make timely payments in accordance with the agreed schedule.
• Grant reasonable access necessary for us to deliver the contracted services.
• Comply with applicable laws, county regulations and title conditions.
• Notify us promptly of any change in your circumstances that may affect the engagement.

• Deliver services professionally, with reasonable skill and care.
• Comply with all applicable Kenyan laws and industry standards.
• Maintain the confidentiality of client information.
• Communicate honestly, transparently and in good faith.
• Hold client funds in a segregated client account where applicable.

Fees, deposits and payment schedules are set out in each engagement letter or service agreement. All fees are quoted exclusive of VAT unless expressly stated, and VAT at the prevailing rate under the VAT Act, 2013 will be added where applicable. Late payment may attract interest at the Central Bank of Kenya (CBK) rate plus 3%, and we reserve the right to suspend services on continued default until the account is settled.

All content on our website — text, logos, images, designs and deliverables — is owned by, or licensed to, Glossy Real Estate and is protected by the Copyright Act, 2001 and other applicable intellectual property laws. You may not copy, reproduce or republish any content without our prior written consent, except for personal, non-commercial use of pages you legitimately access.

Our website may contain links to third-party sites. We are not responsible for the content, accuracy or privacy practices of third-party sites and inclusion of a link does not imply endorsement.

We warrant that our services will be delivered with reasonable skill and care. Except as expressly stated in writing, all other warranties, whether express or implied, are excluded to the fullest extent permitted by law. Information on the website is provided for general guidance and does not constitute legal, tax or investment advice.

To the maximum extent permitted by law, Glossy Real Estate shall not be liable for any indirect, incidental, special, punitive or consequential loss (including loss of profit, loss of rent, loss of opportunity or loss of data) arising out of or in connection with your use of the website or our services. Our total aggregate liability under any single engagement shall not exceed the fees paid to us under that engagement in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be lawfully excluded.

You agree to indemnify and hold harmless the Company, its directors, employees and agents from any claim, loss or expense arising from your breach of these Terms or your unlawful use of our services or website.

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, pandemics, government action, civil disturbance, or utility failure. Obligations affected by such an event shall be suspended for the duration of the event.

Either party may terminate a service engagement in accordance with the notice provisions of the signed service agreement. On termination, all accrued fees become immediately due and payable, and each party will return or securely destroy the other party's confidential materials as required.

The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. Where a dispute cannot be resolved within thirty (30) days, it shall be referred to mediation and, failing settlement, to arbitration under the Arbitration Act, 1995 by a single arbitrator appointed by the Chartered Institute of Arbitrators (Kenya Branch). The seat and venue of arbitration shall be Nairobi, Kenya, and the language shall be English. Nothing in this clause prevents either party from seeking urgent interim relief before the competent courts.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by, and construed in accordance with, the laws of the Republic of Kenya. Subject to the arbitration clause above, the competent courts of Kenya shall have exclusive jurisdiction.

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

We may update these Terms from time to time. Material changes will be posted on this page. Continued use of the website or services after any change constitutes acceptance of the revised Terms.