Terms and Conditions

1. Acceptance of Terms

Welcome to Xillix Real Estate. These Terms and Conditions ("Terms") govern your use of our website, mobile application, and services (collectively, the "Service") operated by Xillix Real Estate ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Xillix Real Estate provides an online platform that connects property buyers, sellers, renters, and real estate professionals. Our services include:

• Property listings and search functionality
• Agent and broker profiles and contact services
• Property valuation tools and market insights
• Communication tools between users
• Educational resources and market information
• Transaction facilitation services

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. User Conduct and Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Post false, misleading, or fraudulent property information
• Harass, abuse, or harm other users
• Spam or send unsolicited communications
• Attempt to gain unauthorized access to our systems
• Use automated tools to scrape or collect data from our Service
• Infringe on intellectual property rights
• Engage in any activity that disrupts or interferes with the Service

5. Property Listings and Content

5.1 Listing Accuracy

Users who post property listings are solely responsible for the accuracy and completeness of their listings. We do not verify the accuracy of property information and make no representations or warranties regarding such information.

5.2 Content Ownership

By posting content on our Service, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with our Service.

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable at our sole discretion.

6. Real Estate Transactions

6.1 Facilitation Only

We provide a platform to facilitate real estate transactions but are not a party to any agreements between users. All transactions are between the relevant parties (buyers, sellers, agents, etc.).

6.2 Professional Advice

We recommend that users seek professional legal, financial, and real estate advice before entering into any property transactions.

6.3 Due Diligence

Users are responsible for conducting their own due diligence on properties and verifying all information independently.

7. Fees and Payments

7.1 Service Fees

Certain features of our Service may require payment of fees. All fees are non-refundable unless otherwise specified.

7.2 Payment Terms

Payment is due immediately upon purchase. We accept various payment methods as indicated on our platform.

7.3 Fee Changes

We reserve the right to change our fees at any time with reasonable notice to users.

8. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Xillix Real Estate and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our content without our prior written consent.

9. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection and use of your personal information.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, regarding the Service or any content therein.

10.2 Limitation of Liability

To the fullest extent permitted by law, Xillix Real Estate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

10.3 Maximum Liability

Our total liability to you for all damages shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Xillix Real Estate and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will cease immediately, but the provisions of these Terms that by their nature should survive termination shall remain in effect.

13. Dispute Resolution

13.1 Governing Law

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

13.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Kenya.

13.3 Alternative Dispute Resolution

Before pursuing formal legal action, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

15. Severability

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

16. Entire Agreement

These Terms constitute the entire agreement between you and Xillix Real Estate regarding the use of the Service and supersede all prior agreements and understandings.