Terms and Conditions
Initial draft — for owner review
This is a first-draft Terms and Conditions document prepared for Mahaba Homesand has not been reviewed by a qualified lawyer. It is provided as a starting point covering the platform's actual features, not as final legal advice. Please have it reviewed by a Kenyan-licensed advocate before relying on it as your platform's binding terms.
These Terms and Conditions (“Terms”) govern access to and use of Mahaba Homes, a Kenyan property marketplace connecting viewers, agents, landlords and property owners (together, “users”, “you”). By creating an account or using the platform, you agree to these Terms.
1. User accounts and roles
Mahaba Homes accounts fall into a small number of roles: Viewer/Customer (browses and enquires about properties), Landlord and Agent (list and manage properties), and platform staff (Admin and Owner), who review listings and manage the platform. Owner and Admin access is never self-selected during sign-up — it is assigned only by the platform owner.
You must provide accurate information when registering and keep your contact details (including phone number) up to date. You are responsible for all activity under your account and for keeping your sign-in credentials secure. One person or business should not operate multiple accounts to circumvent suspension or listing limits.
2. Property listings
Landlords and agents may submit properties for rent or sale. Every new or edited listing is saved as pending and reviewed by an Admin or the Owner before it becomes publicly visible. Mahaba Homes may approve, reject, or request changes to a listing, and will record the reviewer, review date and any notes. Rejected or changes-requested listings remain visible to the submitting landlord or agent together with the reason, and may be edited and resubmitted for review.
3. Listing accuracy
Listings are created and maintained by independent landlords and agents, not by Mahaba Homes itself. While submissions go through a review step, Mahaba Homes does not independently verify property ownership, title, condition, availability or pricing, and does not guarantee the accuracy of any listing. Mahaba Homes is not a party to, and does not broker, any rental or sale agreement between users.
You are responsible for independently verifying property details, advertiser identity and ownership before making any payment or commitment. Never send money to an advertiser without physically viewing the property (or otherwise satisfying yourself it is genuine) and confirming the advertiser's right to let or sell it.
4. Prohibited listings and conduct
You must not use Mahaba Homes to:
- List a property you do not own, manage, or have authority to advertise;
- Post fraudulent, duplicate, misleading, or intentionally inaccurate listings;
- List anything that is not a genuine Kenyan property available to rent or buy;
- Harass, threaten, impersonate, or discriminate against another user;
- Attempt to collect payment for a property that does not exist or that you cannot let/sell;
- Scrape, resell, or misuse data obtained through the platform; or
- Circumvent the review process, suspension, or these Terms in any other way.
Violating this section may result in listing removal and/or account suspension (see Section 12).
5. Communication between users
Mahaba Homes provides several ways for users to contact each other about a property: the enquiry form on a property page, phone calls, WhatsApp (see Section 7), and the internal chat described below. You are responsible for what you communicate to other users and must not use these channels for spam, harassment, or unrelated solicitation.
6. Internal messaging
Signed-in viewers and the owner/agent of a property can message each other directly within Mahaba Homes, in a conversation linked to that specific property. Messages you send are visible to the other participant in that conversation and are retained as part of your account activity; they are not encrypted end-to-end and should not be used to share highly sensitive information (e.g. full financial details or identity documents).
7. Contact information and WhatsApp
Your profile phone number is used to power the “Call” button shown to other users. Separately, you may indicate whether that number is reachable on WhatsApp; when you do, other users may see a WhatsApp button that opens a chat with a prefilled (and editable) message. You are responsible for the accuracy of the phone number you provide and for updating your WhatsApp preference if it changes.
8. Payments and subscription services
Every account has a permanent Customer Reference ID, assigned once at registration, that is intended as your Mahaba Homes payment identity for M-Pesa Paybill and future payment methods. Your M-Pesa Paybill Account Number is derived only from a phone number you have verified — it changes only after a new number is successfully re-verified.
Subscription plans for landlords and agents (and any future paid features) will be described on the relevant page before you subscribe. Mahaba Homes does not store your card or mobile money credentials; payments are processed by the relevant payment provider once integrated. Fees, once introduced, are non-refundable except where required by law or stated otherwise at the time of purchase.
9. Personal data
How Mahaba Homes collects, uses, and protects your personal data is described in full in the Privacy Policy, which forms part of these Terms.
10. Location and map data
When listing a property, landlords and agents may search for and pin its location on an OpenStreetMap-based map, or place a marker manually. The resulting coordinates are stored against the listing and shown to viewers on the property details page, together with a link to view the location on OpenStreetMap. Location search is provided by the OpenStreetMap Nominatim service; see Section 11.
11. Cookies
Mahaba Homes uses only the cookies necessary to keep you signed in and to operate the site securely (set by our authentication provider, Clerk). We do not currently use advertising or third-party tracking cookies. See the Privacy Policy for more detail.
12. Third-party services
Mahaba Homes relies on the following third-party services to operate:
- Clerk — account sign-up, sign-in and authentication;
- Cloudinary — storage and delivery of property images;
- OpenStreetMap / Nominatim — map display and location search (free, no proprietary map API is used);
- A database/hosting provider that stores your account, listing and message data.
Each of these providers has its own terms and privacy practices for the data it processes on our behalf.
13. Content ownership
You retain ownership of the listing content, photos, and messages you submit. By submitting them, you grant Mahaba Homes a license to host, display, and distribute that content on the platform for as long as your listing or account is active, solely for the purpose of operating the marketplace. You confirm you have the right to share any photos or content you upload.
14. Account suspension and deletion
An Admin or the Owner may suspend an account that violates these Terms; a suspended account keeps its data but loses access until reactivated. The owner account itself can never be suspended, demoted or deleted, so the platform always has an owner.
You may delete your own account at any time from your profile settings. Deleting your account anonymizes your personal information and archives (unpublishes) your active listings rather than deleting the underlying records outright, so that other users' enquiries, favourites and historical records referencing your listings remain intact.
15. Limitation of liability
Mahaba Homesis provided on an “as is” and “as available” basis. To the fullest extent permitted by Kenyan law, Mahaba Homes and its owner disclaim liability for any loss, damage, fraud, or dispute arising from a transaction, communication, or agreement between users, from reliance on listing information, or from the unavailability of the platform. Mahaba Homes is a venue connecting users directly — it does not inspect properties, hold funds in escrow, or guarantee any transaction.
16. Disputes and Kenyan law
These Terms are governed by the laws of the Republic of Kenya. Any dispute relating to these Terms or your use of Mahaba Homes should first be raised with us at info@mahabahomes.com so we can try to resolve it directly; unresolved disputes fall under the jurisdiction of the courts of Kenya.
17. Changes to these Terms
We may update these Terms as Mahaba Homes grows. Material changes will be reflected by updating this page. Continuing to use the platform after changes take effect means you accept the updated Terms.
18. Contact
Questions about these Terms can be sent to info@mahabahomes.com.