Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• "Platform" means the Homsema Real Estate website at homsema.com and any associated mobile applications.
• "User" means any person who accesses or registers on the Platform, including Tenants, Agents, Service Providers, and Partners.
• "Listing" means any property, service, or profile published on the Platform by a registered User.
• "Subscription" means a paid monthly plan granting access to premium Platform features.
• "We", "Us", "Our" means Homsema Real Estate, its officers, directors and employees.

2. Eligibility

You must be at least 18 years old and legally capable of entering into contracts under Kenyan law to use the Platform. By registering, you confirm that all information you provide is accurate and up to date.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials.
• You must not share your account with any third party.
• You must notify us immediately at info@homsema.com if you suspect unauthorised access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions & Payments

4.1 Agent Subscriptions

Agents subscribe on a monthly basis at the published rate. Subscriptions auto-renew on the billing date each month. Failure to pay within the grace period results in account suspension.

4.2 Service Provider Subscriptions

Service Providers subscribe monthly at the published rate. The same renewal and suspension policies apply.

4.3 Payment Processing

All payments are processed securely via M-Pesa. We do not store card or M-Pesa PIN information. Transaction receipts are emailed automatically upon successful payment.

4.4 Refunds

Subscription fees are non-refundable except where required by Kenyan law or where we have made an error in billing. Disputed charges must be reported within 14 days to info@homsema.com.

5. Listings & Content

• All listings must be accurate, legal, and not misleading.
• You may not list properties you do not have authority to advertise.
• We reserve the right to remove any listing that violates these Terms or applicable law without notice.
• By submitting content (photos, descriptions, documents), you grant Homsema a non-exclusive licence to display that content on the Platform.
• You retain ownership of your content. We will not sell it to third parties.

6. Referral Programme

The referral programme allows Users to earn rewards by inviting others to join the Platform. Rewards are credited only when the referred User completes a verified first payment. We reserve the right to modify or discontinue the referral programme at any time. Fraudulent referrals (including self-referral through multiple accounts) will result in account termination and forfeiture of rewards.

7. Prohibited Conduct

You must not:

• Post false, misleading or fraudulent listings or information.
• Harass, abuse or threaten other Users.
• Attempt to hack, scrape or disrupt the Platform or its infrastructure.
• Use the Platform for any unlawful purpose under Kenyan law.
• Create multiple accounts to circumvent suspensions or earn fraudulent rewards.
• Reproduce, resell or commercialise any part of the Platform without written consent.

8. Intellectual Property

The Homsema name, logo, website design, and all original content are the property of Homsema Real Estate. You may not use them without prior written permission. All third-party trademarks remain the property of their respective owners.

9. Disclaimer & Limitation of Liability

The Platform is provided "as is". We do not guarantee the accuracy of any listing, valuation or market data. Homsema acts as a marketplace and is not a party to any transaction between Users. To the maximum extent permitted by Kenyan law, our liability is limited to the amount you paid us in the 3 months preceding any claim.

10. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya. We encourage Users to first attempt to resolve disputes by contacting us at info@homsema.com.

11. Changes to These Terms

We may update these Terms from time to time. We will notify registered Users by email at least 7 days before material changes take effect. Continued use of the Platform after changes constitutes acceptance of the new Terms.