Terms of Service

1. Introduction

This website is run and managed by HouseHunt Ventures and Digital Solutions. HouseHunt Kenya is a brand and platform owned by HouseHunt Ventures and Digital Solutions.

These Terms of Service ("Terms") govern your access to and use of our website, mobile site, and related services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our platform.

We may update these Terms at any time. Continued use of the Services after updates constitutes acceptance.

2. Eligibility

You must:

• Be at least 18 years old.
• Provide accurate and truthful information when creating an account or submitting a listing.

3. Nature of Service & Scout Verification Scope

HouseHunt Kenya provides:

• A platform for listing, browsing, and discovering rental and sale properties.
• A connection point between users, agents, and landlords.
• Verified listings where stated, although not all listings are verified.

We are not a real estate agency and do not own or manage listed properties.

We do not participate in negotiations, tenancy agreements, payments, or property inspections unless explicitly stated.

3.1 Scout Verification Scope & Definition of "Scout Verified": Where listings are marked as "Scout Verified", the platform utilizes a network of field scouts to conduct physical site verifications and capture media. "Scout Verified" means that a HouseHunt Kenya representative or designated scout physically visited or otherwise inspected the stated location at a specific point in time, for the limited purposes described in this section only. "Scout Verified" does not mean that HouseHunt Kenya has verified ownership, title, authority to lease or sell, legal compliance, structural integrity, safety, habitability, tenancy history, utility availability, rental or deposit affordability, the absence of disputes, or the identity, credentials, or legal standing of the property provider. A "Scout Verified" badge does not constitute a guarantee, endorsement, warranty, or representation by HouseHunt Kenya as to the suitability, safety, or legality of any property or its provider.

3.2 Legal and Structural Limitations: Scout verification is limited to visual observations at a specific point in time. A scout report (including photographs, videos, descriptions, notes, and observations) reflects only the conditions observed at the time and location of the visit. It may not reflect subsequent changes to the property, surrounding environment, availability, pricing, utilities, or conduct of the property provider. It does NOT constitute legal due diligence, title deed verification (such as searches at the Ministry of Lands), structural engineering inspections, utility audits, or a guarantee of habitability. Users are encouraged to perform their own due diligence before entering tenancy or purchase agreements.

3.3 Property Provider Independence: HouseHunt Kenya operates solely as a digital marketplace intermediary. For the avoidance of any doubt, HouseHunt Kenya expressly declares that:

• HouseHunt Kenya does not own, manage, or control any property listed on the platform.
• HouseHunt Kenya does not have authority to bind any landlord, agent, developer, or property owner to any agreement, lease, or sale.
• HouseHunt Kenya does not guarantee that a landlord, agent, or listed party has the legal authority to rent, sell, or otherwise deal in any property.
• HouseHunt Kenya does not guarantee ownership or title to any property.
• HouseHunt Kenya does not guarantee that rent amounts, deposit amounts, or any other fees quoted by third parties are legitimate, regulated, market-rate, or legally compliant.
• HouseHunt Kenya does not guarantee that any property remains available at the time of a user's inquiry, visit, or after a scout verification has been conducted. Real estate availability changes rapidly; a property may be available at 10:00 AM and rented by 2:00 PM. HouseHunt Kenya does not guarantee the continued availability of any listing.
• HouseHunt Kenya does not guarantee the accuracy, completeness, or currency of any information supplied by landlords, agents, or any other third parties on the platform.
• A property being marked as "Scout Verified" does not mean that the landlord, owner, or agent has been legally verified, background-checked, licensed, regulated, or approved by HouseHunt Kenya in any professional, regulatory, or fiduciary capacity.

4. User Responsibilities

Users agree to:

• Provide accurate personal and property information.
• Avoid fraud, impersonation, and misleading content.
• Not upload harmful content, malware, or spam.
• Abide by Kenyan law when using the platform.

Agents must ensure that listing details, pricing, and images are accurate and up to date.

5. Listing Information, User-Generated Content (UGC) & Indemnification

HouseHunt Kenya shall not be held responsible for:

• Inaccurate prices.
• Incorrect photos.
• Misrepresentations by landlords or agents.
• Delays, cancellations, or false listings.
• Loss of money or disputes between buyers, tenants, landlords, or agents.

All listings are submitted by third parties unless verified by us.

5.1 Ownership of Uploaded Media & License Grant: Agents, property owners, and listers guarantee that they own or hold all necessary intellectual property rights, licenses, and permissions for any photos, videos, descriptions, and pricing information they upload to the platform. By submitting content to HouseHunt Kenya, the user grants HouseHunt Kenya a non-exclusive, worldwide, royalty-free license to host, reproduce, display, format, distribute, and use that content for operating, promoting, and improving the Services, subject to applicable law and the user's rights under the Privacy Policy.

5.2 Content Indemnification: If HouseHunt Kenya, its owners, or affiliates face any legal action, claims, disputes, or damages arising directly or indirectly from a user's or agent's conduct or uploaded content, the responsible party agrees to fully indemnify and hold harmless HouseHunt Kenya, covering all legal fees, court costs, damages, and associated expenses. This includes, but is not limited to, claims arising from: fraud; false listings; impersonation; copyright or trademark infringement; privacy violations; unlawful photographs/videos; misleading property information; unauthorized representation; disputes with tenants, landlords, or buyers; unauthorized collection of deposits; conduct of the agent/landlord; or any violations of Kenyan law. The indemnifying party agrees to fully cooperate with HouseHunt Kenya in the defense of any such claim.

5.3 Right to Remove Content: HouseHunt Kenya reserves the right to remove, edit, disable, reject, suspend, or permanently delete any listing, account, photograph, video, review, message, or other content at its sole discretion, without prior notice, where HouseHunt Kenya reasonably believes the content violates these Terms, applicable law, or platform policies, presents a risk to users, creates legal exposure, or is inaccurate/outdated.

6. Payments, Fees, and Scope of Services

6.1 Fees & Scope of Paid Services: HouseHunt Kenya charges fees for specific value-added services. Payment covers the provision of the specified search, sourcing, and scouting services and does not constitute payment for a guaranteed successful tenancy or property acquisition. The service specifically does not include: providing legal advice; verifying title deeds; negotiating legal contracts; holding deposits; receiving rent; guaranteeing landlords or properties; acting as the customer's lawyer; or acting as a landlord/tenant representative.

6.2 KES 1,000 Scouting Fee: Paid separately to initiate a property search. This fee covers the initial property search, sourcing of potential properties, communication with property providers, and the allocation and/or coordination of HouseHunt Kenya's scouting resources. It is not a success fee.

6.3 KES 1,500 Service Fee: Paid separately when the customer elects to proceed to the next stage involving a property identified through the search. This covers final physical verification and connecting the client with the landlord or authorized agent.

6.4 When the Service Fee Becomes Due: Where HouseHunt Kenya identifies a property that reasonably matches the customer's stated requirements and the customer wishes to proceed to a physical viewing, the KES 1,500 Service Fee becomes payable before the physical site visit is arranged or conducted. Alternatively, where HouseHunt Kenya has already arranged or commenced a physical site visit at the customer's request, the Service Fee becomes immediately due upon completion of that site visit and must be paid before HouseHunt Kenya proceeds with any further service included within the Service Fee.

The Service Fee is payable for the service provided by HouseHunt Kenya and is not a commission, rent, deposit, or payment for the property itself. Payment of the Service Fee does not guarantee that the customer will rent or purchase the property. Once the Service Fee becomes due, the customer's decision not to rent or purchase the property, rejection of the property, change of circumstances, or failure to reach an agreement with the landlord or agent does not by itself cancel the Service Fee or create a right to a refund, subject to applicable statutory rights.

6.5 KES 2,200 Scouting & Service Bundle: Customer pays once upfront for the defined combination of both the Scouting and Service stages at a discounted rate.

6.6 Cancellation Before Work Begins: If a customer cancels before HouseHunt Kenya has commenced work or allocated resources, the customer may qualify for a refund in accordance with applicable cancellation terms and Kenyan law. HouseHunt Kenya may retain an expressly disclosed amount representing legitimate administrative/payment processing costs where legally permissible (e.g., up to 15%).

6.7 Cancellation After Work Begins (In Progress): A request becomes "In Progress" when HouseHunt Kenya begins allocating personnel, operational resources, or working time toward the request, including searching for properties, reviewing listings, contacting property providers, sourcing leads, assigning or coordinating scouts, arranging viewings, conducting internal coordination, or undertaking other activities in furtherance of the request. A request remains "In Progress" while HouseHunt Kenya is actively undertaking reasonable efforts to fulfill the request. Once work has commenced, amounts attributable to work already performed and costs already incurred are not automatically refundable, subject to applicable statutory consumer rights.

6.8 Active Search & No Suitable Property Found: HouseHunt Kenya provides property-search, sourcing, and scouting services and does not guarantee that the customer will find, select, rent, purchase, or move into a property through the Services. An "Active Search" means HouseHunt Kenya is undertaking activities reasonably intended to fulfill a request (e.g., monitoring availability, contacting providers, coordinating scouts). A failure to identify a property that satisfies all of the customer's requirements shall not, by itself, constitute a failure by HouseHunt Kenya to provide the Services. Where HouseHunt Kenya has performed substantial work in accordance with the customer's stated requirements, fees paid for work performed and costs incurred shall remain payable and shall not automatically be refundable.

6.9 Customer Rejects Suitable Properties: Where HouseHunt Kenya provides property options that reasonably match the customer's stated requirements, the customer's decision not to select any of those properties does not by itself constitute non-performance by HouseHunt Kenya and does not automatically create a right to a refund.

6.10 Inability to Commence or Perform the Service: Where HouseHunt Kenya determines that it cannot provide the contracted service at all (e.g., the requested location is entirely outside our operating area), HouseHunt Kenya will notify the customer and, subject to applicable statutory rights, provide an appropriate refund of amounts paid for services that HouseHunt Kenya has not performed. Where part of the service has already been performed or costs reasonably incurred, HouseHunt Kenya may retain the portion attributable to services performed and costs incurred, to the extent permitted by law.

6.11 Customer-Caused Delay, Change, or Disruption: The customer is responsible for providing accurate and complete house-hunting requirements and for promptly responding to reasonable communications. Where a customer materially changes their requirements after work has commenced, becomes unreachable, fails to attend an agreed viewing, repeatedly changes the requested location/budget/type, provides inaccurate information, or otherwise prevents or materially disrupts the performance of the Services, HouseHunt Kenya may pause, reschedule, or close the request. In such circumstances, HouseHunt Kenya shall be entitled to retain fees relating to services already performed and reasonable costs already incurred. A material change to the customer's requirements after work has commenced may require additional fees; HouseHunt Kenya may continue based on the original requirements or treat the revised requirements as a new search request.

6.12 Failure to Pay a Required Fee: Where the Service Fee has become due, HouseHunt Kenya may suspend further services, including physical site visits, additional property sourcing, viewing coordination, landlord or agent introductions, lease-related assistance, and other post-scouting services, until the applicable fee has been paid. Any delay resulting from the customer's failure to make a required payment shall not constitute a failure or delay by HouseHunt Kenya to perform the Services.

6.13 Service Completion: A house-hunting request may be considered completed when HouseHunt Kenya has: conducted the agreed search; sourced and communicated reasonable property options; completed the agreed scouting activities; or reasonably exhausted the search based on the customer's stated requirements and the availability of properties in the requested area. Completion of a request does not require the customer to enter into a tenancy or purchase agreement. HouseHunt Kenya will use reasonable professional efforts to identify properties matching the customer's stated requirements but does not guarantee the availability, price, condition, legality, or suitability of any property or the successful completion of a transaction.

6.14 Third-Party Contact Following Introduction: Where HouseHunt Kenya introduces, identifies, or facilitates contact between a customer and a landlord, property owner, or agent, the customer acknowledges that the introduction forms part of the Services for which the applicable fees are payable. A customer's decision to communicate directly with, rent from, or otherwise transact with the property provider after the introduction does not eliminate or reverse fees already earned by HouseHunt Kenya.

6.15 Third-Party Payments Disclaimer: Customers should independently confirm the recipient, purpose, and legitimacy of any payment requested by a landlord, agent, or property provider. HouseHunt Kenya does not authorize its scouts, employees, or third parties to collect rent, deposits, booking fees, or property purchase funds on its behalf unless expressly stated through an official HouseHunt Kenya payment channel. HouseHunt Kenya is not responsible for any payments made directly to third parties.

7. Intermediary Disclaimer & Limitation of Liability

7.1 Intermediary Role & No Agency: HouseHunt Kenya acts solely as a digital intermediary and technology provider. We are not a real estate broker, property developer, landlord, property manager, or legal representative for any party. Nothing in these Terms creates a partnership, joint venture, employment relationship, fiduciary relationship, agency relationship, or franchise relationship between HouseHunt Kenya and any user, landlord, agent, or property provider. Any tenancy, lease, purchase, or rental agreement is entered into strictly and directly between the user and the property provider/agent.

7.2 Property and Transaction Disclaimer: HouseHunt Kenya disclaims all liability for the condition, legality, safety, maintenance, or fitness for purpose of any properties listed on the platform or visited during househunting requests performed by our scouts. We do not guarantee the completion or performance of any transaction or lease.

To the maximum extent permitted by law, HouseHunt Kenya is not liable for:

• Financial loss or property fraud.
• Disputes between users, tenants, landlords, and agents.
• The safety, legality, or quality of properties inspected by scouts.
• Inability to find housing.
• Errors, downtime, or service interruptions.
• Loss of data or unauthorized access.

The platform and scout services are provided "as is" and "as available."

7.3 No Guarantee of Finding a Property: HouseHunt Kenya does not guarantee that a customer will find, view, select, rent, purchase, or move into a property as a result of using the Services. We provide a search and scouting service, not a guaranteed tenancy or acquisition.

7.4 Maximum Aggregate Liability: To the maximum extent permitted by applicable Kenyan law, HouseHunt Kenya's total cumulative liability to a user arising out of or in connection with any specific service request — whether the claim arises in contract, tort (including negligence), statute, or otherwise — shall not exceed the total amount actually paid by that user to HouseHunt Kenya for that specific service or request. By way of illustration, if a user paid KES 2,200 for a Scouting & Service Bundle, HouseHunt Kenya's maximum aggregate liability arising from or in connection with that request shall not exceed KES 2,200, regardless of the nature, basis, or quantum of the claim advanced. This financial ceiling applies in aggregate and is not refreshed by subsequent claims arising from the same service transaction.

7.5 Non-Excludable Statutory Rights: Nothing in these Terms shall exclude, restrict, or limit HouseHunt Kenya's liability for any matter that cannot lawfully be excluded or limited under applicable Kenyan law. This includes, without limitation, any liability for death or personal injury caused by HouseHunt Kenya's own gross negligence or wilful misconduct, and any liability that is non-excludable under the Consumer Protection Act, 2012 or any other mandatory statutory provision in force in Kenya. Users retain all statutory rights that cannot be waived or contracted out of under Kenyan law, and these Terms are subject to any overriding mandatory provisions of applicable legislation.

8. Prohibited Activities & Anti-Impersonation

Users may not:

• Scrape, copy, or duplicate content without permission.
• Reverse engineer the platform.
• Post illegal or offensive content.
• Submit fraudulent listings.
• Misuse agent or user contact details.

8.1 Anti-Impersonation: No person may represent themselves as a HouseHunt Kenya employee, scout, representative, agent, or contractor unless officially authorized by HouseHunt Kenya. Customers should verify the identity of a scout through HouseHunt Kenya's official support channels before making any payment or sharing sensitive information.

8.2 HouseHunt Kenya Intellectual Property: HouseHunt Kenya retains all ownership and intellectual property rights in its platform content. This includes, but is not limited to, the HouseHunt Kenya name, logos, trademarks, website design, software, mobile application, databases, photographs produced by HouseHunt, scout reports, graphics, text, videos, proprietary processes, platform interface, and branding. Users are strictly prohibited from copying, scraping, reverse-engineering, republishing, or commercially exploiting any HouseHunt Kenya intellectual property without express written permission.

9. Account Security, Suspension, and Termination

9.1 Account Security: Users are responsible for maintaining the confidentiality of their account credentials and passwords. Users must not share their accounts with third parties and must promptly notify HouseHunt Kenya of any unauthorized access or security breach. Subject to applicable law, HouseHunt Kenya is not responsible for any losses, damages, or unauthorized transactions caused by a user's failure to secure their account.

9.2 Suspension and Termination: We may suspend or terminate accounts that:

• Violate these Terms.
• Engage in fraud or misuse.
• Provide false information.
• Abuse other users or agents.

Users may delete their accounts at any time.

10. Dispute Resolution, Good Faith, and Misinformation

10.1 Good Faith Resolution: Users agree to first attempt to resolve any financial dispute, transaction grievance, or service issue in good faith through our official support channels prior to taking external action or making public claims.

10.2 Misinformation: Users must not knowingly publish materially false statements presented as facts about HouseHunt Kenya, its employees, scouts, or services with the intention of causing unlawful harm. Nothing in these Terms prevents a user from making a genuine complaint, submitting a report to a regulator or government authority, seeking legal advice, exercising a statutory right, or expressing an honestly held opinion.

10.3 Remedies: Any violation of this clause may result in immediate suspension or termination of your account, removal of listings, and/or legal action under the Laws of Kenya, including the Computer Misuse and Cybercrimes Act.

10.4 Formal Complaints Procedure: Clients may submit formal complaints to HouseHunt Kenya by emailing [email protected] or via WhatsApp at +254 790 066 143. Please include your full name, order/request reference, and a description of your complaint. HouseHunt Kenya commits to acknowledging all formal complaints within 2 business days and providing a substantive written response within 7 business days. If you remain unsatisfied after our internal resolution process, you may escalate your complaint to the Competition Authority of Kenya (CAK) at [email protected].

11. Internet Agreement Disclosures

In compliance with Part IV of the Consumer Protection Act, 2012 (No. 46 of 2012), the following information is disclosed to all users entering into an internet agreement with HouseHunt Kenya.

11.1 Supplier Identity:

• Business Name: HouseHunt Ventures and Digital Solutions
• Trading As: HouseHunt Kenya
• Business Registration No.: BN-KDS3RQ33
• Physical Address: Karen, Langata Road, Nairobi, Kenya
• Support Email: [email protected]
• WhatsApp: +254 790 066 143

11.2 Service Description: As described in Section 3 of these Terms. HouseHunt Kenya provides a digital intermediary platform connecting property seekers with agents, landlords, and verified property listings, and offers optional househunting scout services.

11.3 Total Price: As described in Section 6 of these Terms. No additional charges will be applied beyond those explicitly disclosed at the point of checkout.

11.4 Performance Timeline: Upon receipt of a completed househunting request and confirmed payment, HouseHunt Kenya begins processing standard requests within 3 business days. Urgent requests (e.g., move-in dates within 7 days) are handled subject to scout availability. Commencement of service is not a guarantee that a property will be found within a particular period. Timelines may vary based on scout availability and the geographic scope of the requested location.

11.5 Cancellation Rights: As described in Section 6 of these Terms, including the Discretionary 24-Hour Refund Window (Section 6.3) and the Mid-Process Cancellation Policy (Section 6.4). Consumers also retain their statutory rights under the Consumer Protection Act, 2012.

11.6 Complaint Escalation: If a dispute is not resolved through our internal complaints procedure (Section 10.4), consumers may contact the Competition Authority of Kenya (CAK) at [email protected] or visit CBK Pension Towers, Nairobi.

12. Communications & Third-Party Services

12.1 Communication Channels: HouseHunt Kenya may communicate with users through WhatsApp, SMS, email, and telephone. WhatsApp messages and other communications may form part of our official service records. Customers are responsible for the information sent from their account. While we strive for prompt responses, communication may occasionally be delayed, and we do not guarantee uninterrupted communication services. Customers should not send passwords, card PINs, or other unnecessary sensitive financial information through WhatsApp or SMS.

12.2 Reliance on Third-Party Services: HouseHunt Kenya relies on various third-party services, including but not limited to WhatsApp, payment providers, hosting providers, maps, telecommunications providers, analytics platforms, SMS, and email providers. These third-party services may have their own independent terms of service and privacy policies. HouseHunt Kenya is not responsible or liable for any failures, delays, or service interruptions caused by independent third-party providers.

13. Data Protection & Privacy

The collection, use, storage, and sharing of your personal data — including but not limited to names, phone numbers, email addresses, house-hunting preferences, locations, property requirements, WhatsApp conversations, property images, and account information — is governed by our separate Privacy Policy.

By using HouseHunt Kenya, you consent to the processing of your data in accordance with the Data Protection Act, 2019, and our Privacy Policy, which details:

• What information we collect and why.
• Who we share it with (e.g., service providers, verified scouts, landlords).
• How long we retain it.
• Your rights regarding your personal data.
• Our data security practices and how we handle data requests.

Please refer to our full Privacy Policy for comprehensive details on how we protect your personal information.

14. Force Majeure

HouseHunt Kenya shall not be held liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by an event outside its reasonable control. Such events (Force Majeure) include, but are not limited to: internet outages, telecommunications failures, payment gateway failures, server or cloud hosting failures, severe weather, natural disasters, transport disruptions, government action, changes in law, civil emergencies, security incidents, or third-party platform outages.

15. Entire Agreement, Severability & Survival

15.1 Entire Agreement: These Terms, together with any applicable service-specific terms, our Privacy Policy, listing agreements, and policies expressly incorporated by reference, constitute the entire agreement between the user and HouseHunt Kenya regarding the Services. Written contractual terms within these documents take precedence over any informal statements, promises, or representations (e.g., verbal or WhatsApp communications), subject to applicable consumer law.

15.2 Severability: If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law or, if necessary, severed from the agreement entirely, without affecting the validity and enforceability of the remaining provisions.

15.3 Survival: Provisions of these Terms that, by their nature, should survive termination or account deletion will survive, including but not limited to: intellectual property rights, content indemnification, limitation of liability, disclaimers, unpaid payment obligations, and dispute resolution mechanisms.

16. Governing Law

These Terms are governed by the Laws of Kenya, including:

• The Data Protection Act, 2019.
• The Consumer Protection Act.
• The Kenya Information and Communications Act (KICA).
• The Computer Misuse and Cybercrimes Act.

Any disputes shall be resolved in the courts of Kenya.