Terms of Service

Last updated: October 23, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Urban Solutions (k) LLC ("Company," "we," "us," or "our") governing your access to and use of our website, services, and property offerings, including our Diani coastal development project.

By accessing or using our website, contacting us, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services.

These Terms apply to all visitors, users, and others who access or use our services, whether as a prospective buyer, investor, or general visitor.

2. Definitions

"Services" means all services provided by Urban Solutions including property listings, consultations, facilitation of property transactions, and related real estate services.

"Property" refers to the Diani coastal land development and any other real estate offerings listed on our website.

"User," "you," "your" refers to any person who accesses or uses our website or services.

"Content" means all text, images, videos, data, and other materials on our website.

3. Services Description

Urban Solutions provides comprehensive real estate development and management services:

Property Development Services:

  • Developer management and oversight
  • Project management and coordination
  • Asset management and portfolio optimization
  • Property management services
  • Sales and marketing consultation

Information Services:

  • Property listings and descriptions
  • Market analysis and investment insights
  • Site visit arrangements
  • Due diligence facilitation

All property information provided is for informational purposes only and does not constitute a binding offer to sell or a guarantee of property availability.

4. Property Information and Disclaimers

While we strive to provide accurate and up-to-date property information, you acknowledge and agree that:

  • Accuracy: Property details, measurements, prices, and descriptions are subject to change without notice and should be independently verified
  • Availability: Property availability is not guaranteed until formal purchase agreements are executed and deposits received
  • Measurements: All property measurements, dimensions, and land sizes are approximate and should be confirmed through professional surveying
  • Images: Property images may be artist impressions, representative photos, or taken at different times and may not reflect current conditions
  • Amenities: Described amenities and infrastructure are subject to completion and may depend on government, utility, or third-party development
  • Market Conditions: Property values and investment returns are subject to market fluctuations and are not guaranteed

5. User Responsibilities and Obligations

As a user of our services, you agree to:

Information Accuracy:

  • Provide accurate, complete, and current information when contacting us
  • Update any information that changes
  • Not impersonate any person or entity

Due Diligence:

  • Conduct independent due diligence before making any property investment decisions
  • Seek independent legal, financial, and tax advice
  • Visit the property in person or appoint a representative before purchase
  • Verify all property details, title, and legal documentation

Lawful Use:

  • Use our services only for lawful purposes
  • Comply with all applicable Kenyan laws and regulations
  • Not use our services for any fraudulent or deceptive purposes
  • Respect intellectual property rights

Prohibited Activities:

  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our services
  • Use automated systems to access our website without permission
  • Copy, reproduce, or distribute our content without authorization
  • Engage in any activity that could harm our reputation

6. Intellectual Property Rights

All content on this website, including but not limited to:

  • Text, graphics, logos, images, photographs, and videos
  • Website design, layout, and user interface
  • Software, code, and functionality
  • Trademarks, service marks, and trade names
  • Property descriptions and marketing materials

is the exclusive property of Urban Solutions (k) LLC or its content suppliers and is protected by Kenyan and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our content except as expressly permitted. Any unauthorized use terminates the permission granted by these Terms.

7. Property Reservations and Transactions

7.1 Reservation Process:

  • Property reservations require a formal reservation agreement and deposit
  • Reservation deposits are typically non-refundable except as specified in the reservation agreement
  • Properties are subject to availability and may be withdrawn from sale at any time before a binding contract is executed

7.2 Purchase Process:

  • All property purchases require execution of a formal Sale Agreement
  • Buyers must conduct due diligence at their own expense
  • Final purchase price may include transfer fees, legal fees, and applicable taxes
  • Transfer of ownership occurs upon fulfillment of all contractual obligations

7.3 Payment Terms:

  • Payment schedules are specified in the Sale Agreement
  • Late payments may incur interest charges
  • All payments must be made in Kenya Shillings unless otherwise agreed

8. Limitation of Liability

To the fullest extent permitted by applicable law:

  • Urban Solutions (k) LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services
  • We make no warranties about the completeness, reliability, accuracy, or timeliness of the information provided
  • Your use of our services is at your own risk
  • We are not liable for any losses resulting from property value fluctuations, market changes, or investment outcomes
  • We are not responsible for delays or failures in property development caused by force majeure, government action, or third parties

Our total liability for any claims arising from these Terms or our services shall not exceed the amount paid by you to us for services, if any.

9. Indemnification

You agree to indemnify, defend, and hold harmless Urban Solutions (k) LLC, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our website or services
  • Your breach of these Terms
  • Your violation of any law or rights of third parties
  • Any information or content you provide

10. Disclaimer of Warranties

Our website and services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of title or non-infringement
  • Warranties that the service will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy or reliability of information

11. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, labor disputes, natural disasters, pandemics, or failures in telecommunications or internet services.

12. Governing Law and Dispute Resolution

Governing Law:

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

Jurisdiction:

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Kenya.

Dispute Resolution:

Before initiating legal proceedings, parties agree to attempt resolution through:

  • Good faith negotiations
  • Mediation (if negotiations fail)
  • Arbitration in accordance with the Arbitration Act of Kenya (if mediation fails)

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Urban Solutions (k) LLC regarding your use of our services and supersede all prior agreements and understandings.

15. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without restriction or notification.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on this page with an updated "Last updated" date. Material changes may be communicated through:

  • Email notification to registered users
  • Prominent notice on our website
  • Pop-up notification upon next login

Your continued use of our services following any changes indicates your acceptance of the new terms. If you do not agree to the modified terms, you must stop using our services.

18. Termination

We may terminate or suspend your access to our website and services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Requests by law enforcement or government agencies
  • Discontinuation or material modification of services

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, and dispute resolution provisions.

19. Contact Information

For questions about these Terms of Service, to report violations, or for any legal inquiries, please contact us:

Company Name: Urban Solutions (k) LLC

Email: info@urbansolutions.co.ke

Phone: Edward: +254 722 698 560 | Irene: +254 713 600 906

Office Address: Karen Connection, Suite 20, Lower Plains Road, Nairobi, Kenya

Postal Address: P.O. Box 49891 - 00100, Nairobi, Kenya

Office Hours: Monday - Friday, 8:00 AM - 6:00 PM EAT | Saturday, 9:00 AM - 2:00 PM EAT

Acknowledgment

By using our website and services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.