Terms and Conditions

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing, browsing, or using the Pangoni website, mobile application, or any related services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), including our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease using the Platform.

1.2 Capacity to Contract

By using this Platform, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts under Kenyan law
• You are not prohibited from using the Platform under any applicable laws
• All registration information you submit is truthful, accurate, current, and complete

1.3 Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time without prior notice. Changes become effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

1.4 Additional Terms

Certain features or services may be subject to additional terms and conditions, which will be presented to you at the time of use. Those additional terms are incorporated into these Terms by reference.

2. DEFINITIONS

For purposes of these Terms:

• "User," "you," "your" refers to any person or entity accessing or using the Platform
• "We," "us," "our," "Company," "Pangoni" refers to Pangoni and its affiliates, subsidiaries, officers, directors, employees, and agents
• "Content" means all text, images, photographs, graphics, videos, data, listings, information, and other materials
• "User Content" means all Content submitted, posted, or transmitted by Users
• "Listing" means any property advertisement, including residential, commercial, or land listings
• "Property Owner" means any person or entity with legal authority to list a property
• "Agent" means any real estate professional, broker, or agent using the Platform
• "Services" means all features, tools, and functionality provided through the Platform

3. PLATFORM PURPOSE AND SERVICES

3.1 Nature of Services

Pangoni operates as an online marketplace platform that connects property owners, agents, and prospective buyers, renters, or tenants. We provide a venue for Users to list, discover, and inquire about properties.

3.2 No Real Estate Services

IMPORTANT: Pangoni does NOT:

• Provide real estate brokerage, agency, or professional services
• Act as an agent, broker, or representative of any party
• Participate in property transactions, negotiations, or agreements
• Provide legal, financial, tax, or investment advice
• Verify, endorse, guarantee, or warrant any properties, listings, or Users
• Manage, maintain, or take responsibility for any properties listed

3.3 Information Platform Only

The Platform serves solely as an informational and communication tool. Any transactions, agreements, or arrangements made between Users occur independently of Pangoni. We are not party to any such agreements and bear no responsibility for them.

4. USER REGISTRATION AND ACCOUNTS

4.1 Account Creation

To access certain features, you must register for an account by providing accurate, complete, and current information. You agree to:

• Provide truthful information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access or security breaches
• Accept responsibility for all activities under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any losses or damages arising from unauthorized account access resulting from your failure to maintain credential security.

4.3 One Account Per User

Each User may maintain only one active account unless expressly authorized by us in writing. Multiple accounts for fraudulent purposes or Terms violations will result in immediate termination.

4.4 Account Termination

We reserve the right to suspend, disable, or terminate your account at any time, for any reason or no reason, with or without notice, including for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Complaints from other Users
• Extended periods of inactivity
• Our business reasons or operational requirements

5. USER CONDUCT AND PROHIBITED ACTIVITIES

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not:

Illegal Activities:

• Violate any Kenyan law, statute, ordinance, or regulation
• Engage in fraudulent activities or misrepresentation
• List properties without proper legal authority
• Infringe upon intellectual property rights of others
• Engage in money laundering or terrorist financing
• Violate the Prevention of Terrorism Act, 2012
• Violate the Proceeds of Crime and Anti-Money Laundering Act

Harmful Content:

• Post false, misleading, or deceptive information
• Include discriminatory content based on race, ethnicity, religion, gender, disability, or any protected class
• Harass, threaten, defame, or abuse other Users
• Post obscene, pornographic, or offensive material
• Include content that promotes violence or illegal activities

Platform Abuse:

• Attempt to gain unauthorized access to the Platform or other accounts
• Interfere with or disrupt the Platform's operation
• Use automated systems (bots, scrapers, spiders) without permission
• Reverse engineer, decompile, or attempt to extract source code
• Circumvent security measures or access restrictions
• Transmit viruses, malware, or harmful code
• Overload or impair Platform infrastructure

Commercial Misconduct:

• Post spam or unsolicited commercial communications
• Engage in price manipulation or artificial inflation
• Use the Platform for pyramid schemes or multi-level marketing
• Harvest User information for unauthorized purposes
• Compete directly with Pangoni using our Platform or data

Content Violations:

• Submit duplicate or excessive listings
• Post listings for properties you don't have authority to advertise
• Include contact information to circumvent Platform features (without authorization)
• Use misleading titles, descriptions, or images
• List non-existent properties or engage in property fraud

5.2 Reporting Violations

Users are encouraged to report violations of these Terms or suspicious activity to legal@pangoni.com. We will investigate reports but are not obligated to take any specific action.

5.3 Cooperation with Authorities

We reserve the right to cooperate fully with law enforcement authorities, regulatory agencies, or court orders in connection with any investigation of illegal activities or Terms violations.

6. PROPERTY LISTINGS

6.1 Listing Authority and Accuracy

By posting a property listing, you represent and warrant that:

• You have full legal authority to list the property (as owner, authorized agent, or legal representative)
• All information provided is true, accurate, complete, and not misleading
• The property complies with all applicable laws, regulations, and zoning requirements
• You have obtained all necessary permissions, licenses, and authorizations
• All images and content used are either owned by you or used with proper permission
• The property is not subject to any legal disputes, liens, or encumbrances not disclosed in the listing
• You will promptly update or remove listings when information changes or the property becomes unavailable

6.2 Listing Content Requirements

All listings must:

• Accurately describe the property's condition, features, and location
• Disclose all material defects, issues, or limitations
• Provide truthful pricing information
• Include only genuine, current photographs of the actual property
• Comply with the Fair Housing Act principles and anti-discrimination laws
• Not make false or exaggerated claims

6.3 Prohibited Listings

You may not list:

• Properties you don't have authority to advertise
• Non-existent properties or fraudulent offerings
• Properties involved in illegal activities
• Properties with fabricated or stolen images
• Duplicative listings of the same property under multiple accounts
• Properties in violation of applicable laws or regulations

6.4 Listing Review and Removal

We reserve the right, but have no obligation, to:

• Review, monitor, edit, or remove any listing
• Reject listings that violate these Terms
• Remove listings at our sole discretion without notice or liability
• Verify listing information (though we are not obligated to do so)

6.5 No Guarantee of Accuracy

DISCLAIMER: We do not verify, investigate, or guarantee the accuracy, completeness, or legality of any listings. All listing information is provided by Users, and we expressly disclaim all liability for listing accuracy or completeness.

6.6 Listing Duration and Termination

Listings remain active at our discretion. We may remove, suspend, or expire listings at any time. Users are responsible for removing listings when properties are sold, rented, or no longer available.

7. USER CONTENT AND INTELLECTUAL PROPERTY

7.1 User Content Responsibility

You are solely responsible for all Content you submit, post, or transmit through the Platform. You represent and warrant that your User Content:

• Does not violate these Terms or any applicable laws
• Does not infringe upon any third-party rights
• Is accurate and not misleading
• Does not contain viruses or malicious code

7.2 License Grant to Pangoni

By submitting User Content, you grant Pangoni a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, and distribute your User Content
• Create derivative works from your User Content
• Display and perform your User Content publicly
• Incorporate your User Content into other works in any format or medium

This license survives termination of your account and these Terms.

7.3 No Compensation

You acknowledge that Pangoni is not required to pay you for the use of your User Content and that you have no expectation of compensation.

7.4 Content Removal

We reserve the right to remove any User Content at any time, for any reason or no reason, without notice or liability. We are not obligated to store, maintain, or provide copies of User Content.

7.5 Monitoring and Enforcement

While we have no obligation to monitor User Content, we reserve the right to:

• Monitor and review User Content
• Investigate violations of these Terms
• Take appropriate action including content removal and account termination
• Report illegal activities to authorities

7.6 Pangoni Intellectual Property

All Platform content, features, functionality, logos, trademarks, designs, software, and materials (excluding User Content) are owned by Pangoni and protected by Kenyan and international intellectual property laws. You may not:

• Copy, modify, or create derivative works of our Platform
• Use our trademarks, logos, or branding without written permission
• Frame or mirror any portion of the Platform
• Use our Platform for competitive purposes

7.7 Copyright Complaints

We respect intellectual property rights. If you believe your copyright has been infringed, contact us at legal@pangoni.com with:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Physical or electronic signature

7.8 Trademark Disputes

Trademark infringement complaints should be sent to legal@pangoni.com with appropriate documentation and evidence of trademark rights.

8. DISCLAIMERS AND WARRANTIES

8.1 "AS IS" and "AS AVAILABLE" Basis

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability and Fitness: Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Accuracy: Any warranty regarding the accuracy, reliability, or completeness of content, listings, or information
• Availability: Any warranty that the Platform will be uninterrupted, timely, secure, or error-free
• Quality: Any warranty regarding the quality, safety, or legality of properties listed
• Results: Any warranty that use of the Platform will meet your requirements or achieve any particular results

8.2 No Verification or Endorsement

We do not verify, investigate, endorse, guarantee, or assume responsibility for:

• The accuracy or completeness of any listings or User Content
• The identity, credentials, or qualifications of any Users
• The legal authority of Users to list properties
• The condition, quality, safety, or legality of listed properties
• The truth or accuracy of property descriptions, images, or representations
• The ability of Users to complete transactions
• Compliance with applicable laws by Users or properties

8.3 Property Condition and Legal Status

CRITICAL DISCLAIMER: Pangoni makes no representations or warranties regarding:

• Physical condition of any property
• Legal title or ownership status
• Existence or validity of liens, encumbrances, or claims
• Compliance with building codes, zoning laws, or regulations
• Habitability or safety of any property
• Accuracy of property boundaries or land measurements
• Water, electricity, or utility availability
• Environmental conditions or hazards
• Development potential or restrictions

8.4 Third-Party Interactions

We are not responsible for interactions, disputes, or agreements between Users. All transactions, communications, and agreements occur solely between Users without our involvement or responsibility.

8.5 Third-Party Links and Services

The Platform may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content, privacy practices, or terms of use.

8.6 No Professional Advice

IMPORTANT: Content on the Platform does not constitute professional advice. We do not provide:

• Legal advice or services
• Financial or investment advice
• Tax advice or planning services
• Real estate professional services
• Property valuation or appraisal services
• Engineering or inspection services

You should consult qualified professionals for advice specific to your situation.

8.7 Geographic and Jurisdictional Limitations

Services may not be available in all areas. Property laws vary by location. You are responsible for complying with all applicable local, national, and international laws.

8.8 No Guarantee of Transaction Completion

We do not guarantee that:

• Listings are current or properties remain available
• Buyers and sellers will reach agreements
• Transactions will be completed successfully
• Properties match their descriptions
• Prices are accurate or competitive

9. LIMITATION OF LIABILITY

9.1 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW, PANGONI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

Direct Damages:

• Property damage or loss
• Financial losses from transactions or failed transactions
• Losses from reliance on Platform content
• Costs of substitute goods or services

Indirect Damages:

• Lost profits, revenue, or business opportunities
• Loss of data or information
• Loss of goodwill or reputation
• Business interruption
• Consequential, incidental, special, exemplary, or punitive damages

9.2 Causes of Liability Exclusion

The above exclusions apply regardless of cause, including but not limited to:

• Platform errors, bugs, or defects
• Service interruptions or unavailability
• Unauthorized access or data breaches
• User Content or conduct of other Users
• Inaccurate or misleading listings
• Failed transactions or disputes
• Property defects or issues
• Negligence (to the extent permitted by law)
• Breach of contract
• Strict liability
• Any other theory of liability

9.3 Maximum Liability Cap

IF WE ARE FOUND LIABLE DESPITE THE ABOVE EXCLUSIONS, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

• KES 10,000 (Ten Thousand Kenyan Shillings), OR
• The amount you paid to Pangoni in the twelve (12) months preceding the claim

9.4 User-to-User Disputes

Pangoni is not liable for any disputes, claims, or damages arising from:

• Interactions between Users
• Property transactions or negotiations
• Property condition, title, or legal issues
• Breach of contract between Users
• Fraud or misrepresentation by other Users
• Property defects discovered after viewing or purchase

9.5 Essential Purpose

You acknowledge that these limitations of liability are fundamental to our business model and the fees (if any) we charge. Without these limitations, we could not provide the Platform economically.

9.6 Jurisdictional Limitations

Some jurisdictions do not allow exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. INDEMNIFICATION

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Pangoni, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all:

• Claims, demands, actions, or proceedings
• Losses, liabilities, damages, or costs
• Expenses (including reasonable attorneys' fees and court costs)

Arising from or related to:

Your Use of Platform:

• Your access to or use of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of any third-party rights

Your Content and Listings:

• Any User Content you submit or post
• Any property listings you create
• Inaccurate or misleading information you provide
• Unauthorized use of images or content
• Property defects or issues not disclosed

Your Interactions:

• Your interactions with other Users
• Transactions or agreements with other Users
• Disputes arising from your property listings
• Property sales, rentals, or lease agreements

Your Conduct:

• Negligent or wrongful conduct
• Breach of any representations or warranties
• Fraud or misrepresentation
• Illegal activities conducted through the Platform

10.2 Defense of Claims

You agree to cooperate fully in the defense of any claims. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense efforts.

10.3 Survival

These indemnification obligations survive termination of your account and these Terms.

11. TRANSACTIONS AND PAYMENT

11.1 User-to-User Transactions

All property transactions occur directly between Users. Pangoni is not a party to any transaction and does not:

• Process property sale or rental payments
• Handle deposits or escrow funds
• Verify payment methods or financial credentials
• Guarantee payment or transaction completion
• Mediate payment disputes

11.2 Platform Fees (If Applicable)

We may charge fees for certain Platform features or services. All fees are:

• Non-refundable unless otherwise stated
• Subject to change with reasonable notice
• Payable in Kenyan Shillings (KES) unless otherwise specified
• Exclusive of applicable taxes (which you are responsible for)

11.3 Payment Processing

If we process payments for Platform fees:

• We use third-party payment processors
• We are not responsible for payment processor errors or failures
• You must provide accurate payment information
• You authorize charges for selected services
• You are responsible for all charges to your payment method

11.4 Third-Party Payment Services

Any use of third-party payment services (e.g., M-Pesa, banks, payment gateways) is subject to their terms and conditions. We are not responsible for their services or policies.

11.5 Transaction Disputes

IMPORTANT: Pangoni is not responsible for resolving disputes between Users regarding:

• Purchase prices or rental amounts
• Payment terms or schedules
• Deposit refunds
• Property condition versus expectations
• Contract terms or breaches
• Fraud or misrepresentation by other parties

11.6 Due Diligence

You are solely responsible for conducting appropriate due diligence, including:

• Property inspections
• Title searches and verification
• Legal review of contracts
• Financial verification of other parties
• Background checks
• Compliance verification

12. PROPERTY-SPECIFIC DISCLAIMERS

12.1 Property Information Accuracy

All property information is provided by Users. We do not verify:

• Property ownership or legal title
• Accuracy of measurements, square footage, or land size
• Condition or structural integrity
• Existence or functionality of listed amenities
• Accuracy of neighborhood or location descriptions
• Availability of utilities or services
• Historical information or property background

12.2 Property Valuation

Listing prices do not constitute appraisals or valuations. Actual property values may differ significantly. We are not responsible for:

• Overpriced or underpriced listings
• Market value fluctuations
• Property tax assessments
• Comparable property analysis

12.3 Legal and Regulatory Compliance

We do not verify that properties comply with:

• Kenyan Land Act and Land Registration Act
• Physical and Land Use Planning Act
• Building Code and construction regulations
• Environmental Management and Coordination Act (EMCA)
• County government regulations and by-laws
• Zoning restrictions and land use designations
• Landlord-tenant laws and regulations
• Fair Housing or anti-discrimination requirements

12.4 Development and Construction

For under-construction or development properties:

• We do not verify developer credentials or financial stability
• Completion timelines are not guaranteed
• Construction quality is not verified
• Regulatory approvals may be pending
• Development plans may change

12.5 Off-Plan Properties

Properties sold off-plan involve significant risks. We do not guarantee:

• Project completion
• Final property specifications
• Developer solvency or performance
• Delivery timelines
• Approval of development plans

12.6 Land and Agricultural Properties

For land and agricultural property listings:

• Boundary descriptions may be inaccurate
• Soil quality and agricultural suitability are not verified
• Water rights and availability are not confirmed
• Access rights and easements may exist
• Environmental restrictions may apply
• Survey reports should be independently obtained

12.7 Commercial Properties

For commercial property listings:

• Business licenses and permits are not verified
• Zoning compliance for intended use is not confirmed
• Income or financial projections are not verified
• Lease agreements with tenants are not reviewed
• Commercial viability is not assessed

12.8 Title and Ownership

CRITICAL: We do not verify:

• Legal ownership or title status
• Existence of liens, mortgages, or encumbrances
• Boundary disputes or ownership claims
• Inheritance or succession issues
• Co-ownership arrangements
• Government acquisition orders or restrictions

Users MUST conduct independent title searches at the Ministry of Lands and Physical Planning or relevant county government offices.

13. KENYAN LAW COMPLIANCE

13.1 Governing Law

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

13.2 Regulatory Compliance

Users are responsible for complying with all applicable Kenyan laws and regulations, including but not limited to:

Land and Property Laws:

• Land Act, 2012
• Land Registration Act, 2012
• Physical and Land Use Planning Act, 2019
• Sectional Properties Act
• Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
• Distress for Rent Act
• Rent Restriction Act

Business and Commercial Laws:

• Companies Act, 2015
• Business Registration Service Act
• Competition Act
• Consumer Protection Act, 2012
• Sale of Goods Act
• Law of Contract Act

Financial and Tax Laws:

• Income Tax Act
• Value Added Tax Act
• Stamp Duty Act
• Capital Gains Tax provisions
• Proceeds of Crime and Anti-Money Laundering Act
• Prevention of Terrorism Act

Construction and Environmental:

• Building Code (as applicable)
• Environmental Management and Coordination Act (EMCA), 1999
• National Construction Authority Act
• Public Health Act (regarding habitability)

Data Protection:

• Data Protection Act, 2019

13.3 Anti-Money Laundering

Users must comply with anti-money laundering laws. We reserve the right to:

• Report suspicious transactions
• Cooperate with Financial Reporting Centre (FRC)
• Terminate accounts involved in suspicious activity
• Request identity verification and documentation

13.4 Data Protection

We process personal data in accordance with Kenyan Data Protection Act, 2019. Our Privacy Policy details our data practices.

13.5 Tax Obligations

Users are solely responsible for:

• Capital gains tax on property sales
• Rental income tax obligations
• Stamp duty on property transactions
• Value Added Tax (VAT) where applicable
• All other applicable taxes and duties

Pangoni does not provide tax advice or handle tax obligations on behalf of Users.

13.6 Professional Licensing

Real estate agents and brokers using the Platform must maintain valid licenses from the Estate Agents Registration Board or other relevant authorities. We do not verify professional licenses.

14. DISPUTE RESOLUTION

14.1 Negotiation First

Before initiating any formal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. Contact legal@pangoni.com to initiate dispute resolution.

14.2 Mediation

If negotiation fails, parties agree to attempt mediation through a mutually agreed mediator or mediation service in Kenya before pursuing litigation.

14.3 Arbitration (Optional)

Disputes may be resolved through binding arbitration under the Arbitration Act, 2015 of Kenya, if both parties agree. Arbitration shall be conducted in Nairobi, Kenya.

14.4 Jurisdiction and Venue

Any legal action arising from these Terms shall be brought exclusively in the courts located in Nairobi, Kenya. You consent to the personal jurisdiction of these courts and waive any objections to venue.

14.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ALL DISPUTES SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.6 Limitation Period

Any claims must be filed within one (1) year from when the cause of action arose. Claims filed after this period are permanently barred.

14.7 User-to-User Disputes

Pangoni is not obligated to mediate disputes between Users. Users agree to release Pangoni from any claims arising from disputes with other Users.

15. TERMINATION

15.1 Termination by You

You may terminate your account at any time by:

• Contacting legal@pangoni.com
• Following account deletion procedures on the Platform
• Ceasing all use of the Platform

15.2 Termination by Us

We may suspend, disable, or terminate your account immediately, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the Platform or other Users
• Extended inactivity
• Our business reasons
• Any reason or no reason at our sole discretion

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform immediately ceases
• We may delete your account and User Content
• All licenses granted by you continue
• Sections of these Terms that by nature should survive will survive, including: warranties, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law provisions

15.4 No Refunds

Upon termination, you are not entitled to refunds of any fees paid, unless otherwise required by law.

15.5 Data Retention

We may retain certain information as required by law or for legitimate business purposes, subject to our Privacy Policy.

16. PRIVACY AND DATA PROTECTION

16.1 Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using the Platform, you consent to our privacy practices as described in the Privacy Policy.

16.2 Data Protection Act Compliance

We process personal data in compliance with the Kenyan Data Protection Act, 2019. You have rights regarding your personal data, including:

• Access to your data
• Correction of inaccurate data
• Deletion of data (subject to legal requirements)
• Data portability
• Objection to processing
• Withdrawal of consent

To exercise these rights, contact legal@pangoni.com.

16.3 Information Sharing

By posting listings or content, you consent to public display of that information. You are responsible for any personal information included in your listings or User Content.

16.4 Communications

By creating an account, you consent to receive:

• Transactional messages related to your account
• Service updates and notifications
• Marketing communications (with opt-out option)
• Legal notices and policy updates

17. MISCELLANEOUS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Pangoni regarding the Platform, superseding all prior agreements.

17.2 Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or any rights hereunder without restriction.

17.5 Relationship of Parties

No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms. You may not bind Pangoni or create obligations on our behalf.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.7 Notices

Legal notices to Pangoni must be sent to:

Email: legal@pangoni.com
Address: [Physical address to be inserted]

We may provide notices to you through:

• Email to your registered email address
• Posting on the Platform
• In-app notifications

17.8 Language

These Terms are executed in English. Any translation is for convenience only. In case of conflict, the English version prevails.

17.9 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

17.10 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

17.11 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform become our property. We may use feedback without compensation or attribution to you.

17.12 Age Restrictions

The Platform is intended for users 18 years of age or older. We do not knowingly collect information from minors.

17.13 Export Controls

You agree to comply with all applicable export control and sanctions laws and regulations.

18. SPECIFIC DISCLAIMERS FOR PROPERTY MARKETPLACE

18.1 No Agency Relationship

Pangoni does not represent either party in any transaction. We are not:

• Real estate agents or brokers
• Representatives of property owners
• Representatives of buyers or tenants
• Fiduciaries to any party

18.2 No Background Checks

We do not conduct background checks, credit checks, or verification of Users. Exercise caution and conduct your own due diligence.

18.3 Meeting Safety

When meeting Users in person:

• Meet in public places
• Bring someone with you if possible
• Inform others of your whereabouts
• Trust your instincts
• Verify identities before sharing personal information

We are not responsible for any incidents occurring during in-person meetings.

18.4 Property Viewing Safety

When viewing properties:

• Verify the identity of property representatives
• Be cautious of vacant or isolated properties
• Do not go alone if possible
• Be aware of your surroundings
• Report suspicious behavior

18.5 Scam Warning

BE AWARE: Real estate scams exist. Common scams include:

• Properties listed by non-owners
• Requests for deposits before viewing
• Significantly below-market pricing
• Pressure to act immediately
• Requests for wire transfers to foreign accounts
• Properties that don't exist
• Fake documentation or ownership papers

Always verify property ownership, conduct title searches, and work with licensed professionals.

18.6 No Income or Investment Guarantees

We make no guarantees regarding:

• Investment returns
• Property appreciation
• Rental income potential
• Occupancy rates
• Market conditions
• Economic performance

All investments carry risk. Past performance does not guarantee future results.

18.7 Images and Representations

Property images may:

• Not reflect current property condition
• Be digitally enhanced or staged
• Show model units rather than actual units
• Not show all defects or issues
• Be outdated

Always conduct physical inspections and verify representations.

19. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms:

Legal Department
Email: legal@pangoni.com
Website: www.pangoni.com
Address: [Physical address to be inserted]

For support inquiries: [support email]
For account issues: [accounts email]

20. ACKNOWLEDGMENT

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms in their entirety
2. You agree to be bound by these Terms
3. You understand that Pangoni is a platform only and does not verify listings or Users
4. You are solely responsible for your interactions with other Users
5. You will conduct appropriate due diligence before any transaction
6. You understand and accept all disclaimers and limitations of liability
7. You release Pangoni from liability for User conduct and property issues
8. You will comply with all applicable Kenyan laws
9. You understand that property transactions involve significant financial and legal risks
10. You will seek appropriate professional advice for legal, financial, and property matters

LAST UPDATED: October 24, 2025

APPENDIX: DEFINITIONS OF KEY KENYAN LEGAL TERMS

For Users unfamiliar with Kenyan property law:

• Title Deed: Official document proving property ownership, issued by the Ministry of Lands
• Land Registration: Process of recording property ownership at the Land Registry
• Stamp Duty: Tax payable on property transfer documents
• Capital Gains Tax: Tax on profit from property sale (currently exempted for one property)
• Conveyancing: Legal process of transferring property ownership
• Leasehold: Property held under lease from the government (typically 99 years)
• Freehold: Absolute ownership of property
• Green Card: Official search document from the Land Registry showing property details
• Consent to Transfer: Approval required from land control board for land transactions
• Rate Clearance Certificate: Document showing property tax payments are current
• Encumbrance: Legal claim or restriction on property (e.g., mortgage, caveat)