Please read these Terms of Service carefully. They set out the rules for using the Realty Flux website and the services we offer through it, including browsing property listings, sending enquiries and requesting viewings.
1. Acceptance of these terms
By accessing or using this website you agree to be bound by these Terms of Service. If you do not agree, please do not use the website.
These terms apply to all visitors and users. Where you enter into a separate written agreement with us, for example a sale, letting or management mandate, that agreement will prevail over these terms to the extent of any conflict.
2. Definitions
- “Realty Flux”, “we”, “us”, “our” means Realty Flux, the operator of this website.
- “You”, “your” means any person who accesses or uses the website.
- “Listing” means any property information, image, video, price or description published on the website.
- “Owner” means the seller, landlord or other person on whose behalf a property is marketed.
- “Services” means the website and the enquiry, viewing and related services we provide through it.
3. Using our website
You must be at least 18 years old to submit an enquiry or viewing request. By doing so you confirm that the information you provide is accurate, complete and your own.
We grant you a limited, non-exclusive, non-transferable right to use the website for your personal, non-commercial purposes of finding, buying, selling or renting property. We may suspend, restrict or withdraw access to all or part of the website at any time, without notice, for maintenance, security or any other reason.
4. Property listings
We take reasonable care to keep listings accurate and up to date. However, listings are prepared from information supplied by Owners and other sources and are provided for general guidance only. In particular:
- Prices, sizes, room counts, amenities and availability are indicative and may change without notice.
- Photographs, videos, floor plans and illustrations may be representative and may not show the current condition of the property.
- A listing is an invitation to make enquiries, not an offer capable of acceptance. No contract arises until a written agreement is signed by all parties.
- A property shown as available may already be under offer, sold or let.
Before committing to any transaction you should carry out your own checks, including inspecting the property, conducting an official search of the title at the relevant land registry, confirming planning and approval status, and obtaining independent legal, valuation and survey advice.
5. Enquiries and viewings
Submitting an enquiry or a viewing request through the website does not guarantee a viewing. A viewing is confirmed only when one of our agents confirms the date and time with you directly.
- Please arrive on time and bring a valid form of identification. We may ask to verify your identity before a viewing.
- If you need to cancel or reschedule, please let us know as early as possible.
- You are responsible for your own safety and conduct during a viewing and must follow the reasonable instructions of our agents and the Owner.
- We may decline, reschedule or cancel a viewing at our discretion, including at the request of the Owner.
6. Fees, deposits and payments
We do not take payments through this website. Any fee, deposit, booking amount or purchase price will be set out in a written agreement and paid only through the official channels stated in that agreement.
We are not responsible for any loss arising from payments made outside our official, documented payment channels.
7. Owners, landlords and third parties
Unless we expressly state otherwise, we act as an intermediary between you and the Owner. Any sale or tenancy agreement will be between you and the Owner. We are not a party to that agreement and do not guarantee the performance of either party.
We may introduce you to third-party service providers such as lawyers, valuers, surveyors, movers or financiers. Those providers are independent of us, and your dealings with them are governed by their own terms.
8. Acceptable use
You agree not to:
- use the website for any unlawful, fraudulent or misleading purpose;
- submit false enquiries, or enquiries in another person’s name;
- copy, scrape, harvest or republish listings or contact details by automated means without our written consent;
- attempt to gain unauthorised access to the website, our systems or our administration area, or interfere with their security or operation;
- upload or transmit viruses or any other harmful code;
- harass, abuse or threaten our staff, Owners or other users.
9. Intellectual property
The website and its content, including text, photographs, videos, graphics, logos, the Realty Flux name and the overall design, are owned by or licensed to Realty Flux and are protected by copyright, trade mark and other intellectual property laws.
You may view and print pages for your personal use. You may not reproduce, distribute, modify or commercially exploit any content without our prior written permission.
10. Privacy and your data
When you contact us, submit an enquiry or request a viewing, we collect personal data such as your name, email address, phone number and message. We use it to respond to you, arrange viewings, share your enquiry with the relevant Owner where necessary, and improve our services.
We process personal data in accordance with the Data Protection Act, 2019 of Kenya. You may request access to, correction of, or deletion of your personal data at any time by contacting us. We do not sell your personal data.
11. Disclaimers
The website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranty that the website will be uninterrupted, error-free or free of viruses, or that any listing is accurate, complete or current.
Nothing on the website is legal, financial, tax or investment advice. Property values can go down as well as up, and you should take independent professional advice before making any decision.
12. Limitation of liability
To the fullest extent permitted by law, Realty Flux will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, opportunity or data, arising from your use of, or inability to use, the website or your reliance on any listing.
Nothing in these terms excludes or limits any liability that cannot be excluded or limited under the laws of Kenya, including liability for fraud or for death or personal injury caused by negligence.
13. Indemnity
You agree to indemnify Realty Flux and its staff against any claim, loss or expense, including reasonable legal fees, arising from your breach of these terms or your misuse of the website.
14. Links to other websites
The website may contain links to third-party websites, including maps and social media. We do not control those websites and are not responsible for their content, availability or privacy practices.
15. Changes to these terms
We may update these terms from time to time. The “Last updated” date at the top of this page shows when they were last revised. Your continued use of the website after changes are published means you accept the updated terms.
16. Governing law and disputes
These terms are governed by the laws of the Republic of Kenya. We encourage you to contact us first so that we can try to resolve any concern informally. Any dispute that cannot be resolved this way will be subject to the jurisdiction of the courts of Kenya.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.
17. Contact us
If you have any questions about these terms, please get in touch:
- Company
- Realty Flux
- Address
- Westlands Business Park, 4th Floor, Nairobi, Kenya
- hello@realtyflux.com
- Phone
- +254 710 223 000
You can also reach us through our contact page.