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Terms & Conditions

NYUMBANEXT TERMS AND CONDITIONS

Last Updated 31st March 2026

These Terms and Conditions (“Terms”) govern your access to and use of the NyumbaNext web application, website, and related services (collectively, the “Platform”), owned and operated by Nyumba Next Agencies (“NyumbaNext,” “we,” “us,” or “our”).

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.

1. ELIGIBILITY, ACCOUNT REGISTRATION & USER RESPONSIBILITY

1.1 Eligibility

You must be at least eighteen (18) years of age to access or use the Platform. By using the Platform, you represent and warrant that you meet this requirement and have the legal capacity to enter into binding agreements under the laws of the Republic of Kenya.

1.2 Account Registration

To access certain features of the Platform, you may be required to create an account. During registration, you agree to provide accurate, current, and complete information, including but not limited to your name, email address, and any other required details.

You further agree to:

1.2.1 Maintain and promptly update your information to keep it accurate and complete.

1.2.2 Ensure that all information provided is truthful to the best of your knowledge.

1.2.3 Avoid creating multiple or misleading accounts.

1.3 Account Security and Responsibility

You are solely responsible for:

1.3.1 Maintaining the confidentiality of your login credentials, including your username, email, and password.

1.3.2 All activities that occur under your account, whether authorized or unauthorized.

1.3.3 Ensuring that your account is not accessed by unauthorized individuals.

NyumbaNext shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

1.4 Platform Usage at Your Own Risk

Your use of the Platform is entirely at your own risk. You acknowledge that

1.4.1 You are solely responsible for your actions, interactions, and decisions made on the Platform.

1.4.2 Any reliance on listings, communications, or other content is at your discretion.

1.5 Data Protection and Public Information

NyumbaNext is committed to protecting your personal data in accordance with applicable data protection laws. However:

1.5.1 Information designated for public visibility (such as property listings, descriptions, images, and contact details shared publicly) may be accessible to all users.

1.5.2 By publishing such information, you consent to its public display and potential sharing.

NyumbaNext shall not be responsible for misuse of publicly shared information by third parties.

2. PLATFORM ROLE AND LIMITATIONS

2.1 Nature of the Platform

NyumbaNext operates solely as a technology-driven marketplace that connects property sellers, landlords, agents, buyers, and tenants.

We do not:

2.1.1Own, lease, or manage properties listed on the Platform.

2.1.2 Act as real estate agents, brokers, or legal representatives.

2.1.3 Guarantee the authenticity, legality, or quality of listings.

2.2 Verified Listings and Monitoring

While we do not own properties, we may implement additional measures such as:

2.2.1 Reviewing listings before publication.

2.2.2 Inspecting certain properties marked as “verified.”

2.2.3 Monitoring user behavior and listings for compliance.

However, verification does not constitute a guarantee of authenticity, ownership, or legality.

2.3 Account Monitoring and Enforcement

We reserve the right to:

2.3.1 Continuously monitor accounts and activities.

2.3.2 Suspend, restrict, or terminate accounts suspected of misuse, fraud, or violation of these Terms.

2.3.3 Remove or modify listings that do not comply with our standards.

2.4 User Due Diligence

Users are strongly encouraged to:

2.4.1 Conduct independent verification of all property details.

2.4.2 Visit premises physically before making any commitments.

2.4.3 Confirm the identity and legitimacy of sellers, landlords, or agents.

NyumbaNext does not encourage any transactions to be completed prior to verification of the property.

2.5 Viewing Fees and Payments

2.5.1 Viewing fees, if applicable, must be clearly stated in the listing.

2.5.2 Sellers, landlords, or agents must disclose such fees transparently.

2.5.3 Users are advised to confirm any fees through Platform communication channels before visiting a property.

2.5.4 Payments should only be made to the relevant authorized party.

NyumbaNext is not responsible for disputes arising from undisclosed or misrepresented fees.

3. USER CONDUCT AND PROHIBITED ACTIVITIES

Users agree to use the Platform responsibly and in compliance with all applicable laws.

3.1 Prohibited Conduct

You shall not:

3.1.1 Post false, misleading, or fraudulent listings.

3.1.2 Impersonate another individual or entity.

3.1.3 Upload harmful, offensive, or illegal content.

3.1.4 Attempt to bypass security systems or gain unauthorized access.

3.1.5 Engage in scams, phishing, or deceptive practices.

3.2 Consequences of Violations

Any violation of these Terms may result in

3.2.1 Immediate suspension or termination of your account.

3.2.2 Removal of offending content.

3.2.3 Legal action where applicable.

3.3 Liability for Damages

Users who violate these rules shall bear full responsibility for

3.3.1 Any damages caused to other users or third parties.

3.3.2 Legal consequences arising from their actions.

3.3.3 Financial losses incurred due to misconduct.

NyumbaNext shall not be liable for user misconduct but may cooperate with law enforcement authorities where necessary.

4. SELLER LANDLORD AGENT RESPONSIBILITIES

4.1 Legal Authority

Sellers, landlords, and agents must ensure they have full legal rights and authority to advertise any property listed on the Platform.

4.2 Accuracy of Information

You are responsible for ensuring that:

4.2.1 All property details are accurate, complete, and up to date.

4.2.2 Images and descriptions reflect the true condition of the property.

4.2.3 Pricing, availability, and terms are clearly stated.

4.3 Compliance with Laws

You must comply with all applicable laws and regulations, including but not limited to

4.3.1 Property ownership and leasing laws.

4.3.2 Consumer protection laws.

4.3.3 Tax obligations.

4.4 Transparency and Fair Dealing

You agree to:

4.4.1 Disclose all relevant information about the property.

4.4.2 Avoid misleading or deceptive practices.

4.4.3 Respond to inquiries in good faith.

Failure to comply may result in removal of listings, account suspension, or legal action.

5. BUYER TENANT RESPONSIBILITIES

5.1 Nature of Listings

All listings on the Platform are user-generated. While NyumbaNext reviews listings before publication, we do not guarantee their accuracy or authenticity.

5.2 Review Process

Listings are subject to administrative review prior to being made public. However

5.2.1 This review is limited in scope.

5.2.2 It does not replace user due diligence.

5.3 Due Diligence

Buyers and tenants are responsible for:

5.3.1 Verifying property details independently.

5.3.2 Visiting properties before making payments.

5.3.3 Confirming ownership or authorization of the selleragent.

5.4 Risk Acknowledgment

You acknowledge that

5.4.1 Property transactions carry inherent risks.

5.4.2 NyumbaNext is not liable for losses resulting from reliance on listings.

6. PAYMENTS, FEES, AND THIRD-PARTY SERVICES

6.1 Platform Fees

Certain features or services may require payment. By using such services, you agree to:

6.1.1 Pay all applicable fees.

6.1.2 Comply with payment terms.

6.2 Non-Refundable Fees

Unless explicitly stated otherwise:

6.2.1 All fees are non-refundable.

6.2.2 Refunds may be issued at our sole discretion under exceptional circumstances.

6.3 Third-Party Payment Providers

Payments may be processed through third-party providers. In such cases

You agree to their terms and conditions.

NyumbaNext is not responsible for payment failures, delays, or disputes.

6.4 Fraud Prevention

We may implement measures to detect and prevent fraudulent transactions, including:

6.4.1 Transaction monitoring.

6.4.2 Account verification.

7. LIMITATION OF LIABILITY

7.1 General Limitation

To the maximum extent permitted by law, NyumbaNext shall not be liable for:

7.1.1 Financial losses.

7.1.2 Fraudulent transactions.

7.1.3 Loss of profits or business opportunities.

7.1.4 Property damage or personal injury.

7.1.5 Emotional distress.

7.2 Indirect Damages

We shall not be liable for indirect, incidental, or consequential damages arising from

7.2.1 Use of the Platform.

7.2.2 Reliance on listings or communications.

7.3 Liability Cap

Our total liability shall not exceed:

7.3.1 The total fees paid by you in the preceding six (6) months; or

7.3.2 KES 5,000,

whichever is lower.

7.4 No Warranty

The Platform is provided “as is” and “as available” without warranties of any kind.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

8.2 Dispute Resolution

Any disputes arising from or related to these Terms shall be:

8.2.1 Resolved amicably where possible.

8.2.2 Subject to the jurisdiction of Kenyan courts if unresolved.

8.3 Alternative Resolution

We may, at our discretion, facilitate mediation between users but are not obligated to do so.

9. TERMINATION

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, if you violate these Terms or engage in harmful conduct.

10. MODIFICATIONS TO TERMS

We may update these Terms from time to time. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

11. CONTACT INFORMATION

For inquiries or support, please contact us at

support@nyumbanext.co.ke

+254112002065