Terms and Conditions - Pivad Real Estate 

Last Updated: April 10, 2025

Welcome to the Pivad Real Estate website (the "Website"). By accessing or using our Website, you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully. If you do not agree with these Terms, you should not access or use the Website.   

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Pivad Real Estate, a real estate company operating in Nairobi, Kenya. By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.   

2. Use of the Website   

  • Permitted Use: The Website is provided for your personal and non-commercial use to browse properties, learn about our services, and contact us for real estate inquiries within Kenya.
  • Prohibited Conduct: You agree not to:
    • Use the Website for any unlawful purpose.
    • Attempt to gain unauthorized access to any portion of the Website, its servers, or any connected networks.   
    • Interfere with or disrupt the operation of the Website or any user's access to it.
    • Use any robot, spider, scraper, or other automated means to access or collect information from the Website without our express written consent.
    • Transmit any viruses, worms, or other malicious code.
    • Engage in any activity that could damage, disable, overburden, or impair the Website.
    • Misrepresent your identity or affiliation with any person or entity.

3. Property Listings and Information

  • Accuracy: We strive to provide accurate and up-to-date information regarding property listings on our Website. However, property details, including but not limited to price, features, dimensions, and availability, are subject to change without notice.
  • No Guarantee: Pivad Real Estate does not guarantee the accuracy, completeness, or reliability of any property listings or information provided on the Website. Users are encouraged to independently verify all information before making any decisions.   
  • Visual Representations: Photographs, videos, and virtual tours are for illustrative purposes only and may not accurately represent the current condition or features of a property.
  • No Offer: The information provided on the Website does not constitute an offer to sell or lease property. All properties are subject to prior sale, lease, or withdrawal from the market.

4. Intellectual Property

  • Ownership: The Website and its entire contents, including but not limited to text, graphics, logos, images, videos, and software, are the property of Pivad Real Estate or its licensors and are protected by Kenyan and international copyright, trademark, and other intellectual property laws.   
  • Limited License: Pivad Real Estate grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for its intended purpose, subject to these Terms.   
  • Restrictions: You may not reproduce, modify, distribute, display, perform, or otherwise use any content from the Website without the prior written consent of Pivad Real Estate.   

5. User Content

  • Submissions: If you submit any content to the Website, such as inquiries through contact forms, you grant Pivad Real Estate a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  • Responsibility: You are solely responsible for any content you submit and warrant that it is accurate, does not violate any third-party rights, and complies with all applicable laws.   
  • Monitoring: Pivad Real Estate reserves the right, but not the obligation, to monitor, edit, or remove any user content that we deem to be in violation of these Terms or otherwise objectionable.

6. Links to Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by Pivad Real Estate. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Pivad Real Estate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites.   

7. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. PIVAD REAL ESTATE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY RELIANCE ON THE INFORMATION PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK.   

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIVAD REAL ESTATE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF PIVAD REAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   

9. Indemnification

You agree to indemnify, defend, and hold harmless Pivad Real Estate, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Website.   

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of Kenya.   

11. Changes to These Terms

Pivad Real Estate reserves the right to modify or revise these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.   

12. Severability

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

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pivad Real Estate regarding your use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.   

14. Contact Us

If you have any questions about these Terms, please contact us at:

Pivad Real Estate 

Sales@pivad.ke or Call us at 0759-254 254 

By using this Website, you signify your acceptance of these Terms and Conditions.

 



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