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Terms and Conditions

Last updated: February 2025

1. Agreement to Our Legal Terms

We are VistaPhantor Homes and Construction Limited ("Company", "we", "us", or "our"), a company registered in Kenya under registration number PVT-9XUKG7P7 and KRA PIN P052375974T, with our headquarters at 28-80110 Brazil, Likoni, Mombasa, Kenya.

We operate the website vistaphantor.homes (the "Site"), our mobile applications (the "App"), and all related property, rental, banking, construction, and financial services (collectively, the "Services").

You can contact us by phone at 0743938639, email at contact@vistaphantor.homes, or by mail to 28-80110 Brazil, Likoni, Mombasa, Kenya.

These Legal Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and VistaPhantor Homes and Construction Limited. By accessing or using the Services, you agree that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide prior notice of any scheduled changes to these Legal Terms. Changes will become effective twenty-one (21) days after notice is given, except for security updates, bug fixes, or court-ordered changes, which may be effective immediately. By continuing to use the Services after the effective date, you agree to be bound by the modified terms. If you disagree, you may terminate your account as described in the Term and Termination section.

The Services are intended for users who are at least 18 years of age. Users who are minors in their jurisdiction must have parental permission and supervision. We recommend that you print a copy of these Legal Terms for your records.

2. Our Services

Our Services include, but are not limited to: property listing and search; rental agreement creation, management, and digital signing; rent collection and escrow; M-Pesa, Visa, Mastercard, and bank transfer payments; Know Your Customer (KYC) verification; maintenance request management; in-platform messaging; banking and financial tools; construction project management; agent and landlord management; and related features.

The Services are intended for use in Kenya and comply with applicable Kenyan law, including the Landlord and Tenant Act, the Proceeds of Crime and Anti-Money Laundering Act, and regulations of the Central Bank of Kenya where applicable. The information provided when using the Services is not intended for distribution in jurisdictions where such use would be contrary to law. Persons who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

We do not provide legal, tax, or financial advice. You should consult qualified professionals for such matters.

3. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, text, photographs, graphics, and trademarks (the "Content" and "Marks"). Our Content and Marks are protected by copyright and trademark laws.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to download or print portions of Content to which you have properly gained access, solely for your personal or internal business use.

Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our prior written permission. Any breach of these Intellectual Property Rights will constitute a material breach and may result in immediate termination of your right to use the Services.

If you submit feedback, suggestions, or ideas about the Services, you assign to us all intellectual property rights in such submissions. We may use them for any lawful purpose without acknowledgment or compensation.

4. User Representations

By using the Services, you represent and warrant that:

  • All registration information you submit is true, accurate, current, and complete
  • You will maintain the accuracy of such information and promptly update it as necessary
  • You have the legal capacity to enter into binding agreements and to comply with these Legal Terms
  • You are at least 18 years of age, or if a minor, you have parental permission
  • You will not access the Services through automated or non-human means (bots, scripts, etc.)
  • You will not use the Services for any illegal or unauthorised purpose
  • Your use will not violate any applicable law or regulation

If you provide information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services.

5. User Registration

You may be required to register to use certain parts of the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

You must notify us immediately of any unauthorised access to or use of your account. We will not be liable for any loss or damage arising from your failure to maintain account security.

6. Purchases and Payment

We accept the following forms of payment:

  • M-Pesa (mobile money)
  • Visa, Mastercard, American Express
  • Bank transfer
  • Our internal banking and escrow system

All payments shall be in Kenyan Shillings (KES) unless otherwise stated. You agree to provide current, complete, and accurate purchase and account information for all transactions. You further agree to promptly update payment information, including email address and payment method, so that we can complete transactions and contact you as needed.

You authorise us to charge your chosen payment provider for amounts due upon confirmation of your order or agreement. We reserve the right to correct pricing errors even after payment has been requested or received. We reserve the right to refuse any order placed through the Services and to limit or cancel quantities per person, household, or order.

For rent payments, late fees may apply as specified in your rental agreement. Delayed or overdue payments may be subject to penalties in accordance with the terms of your lease.

7. Rental Agreements and Escrow

Rental agreements created through the Services are binding contracts between tenants and landlords (or their authorised agents). You agree to comply with the terms of any agreement you sign, including duration, rent amount, payment schedule, maintenance obligations, and notice periods.

Rent and security deposits may be held in escrow and released according to the terms of the rental agreement and our escrow policies. Escrow release typically occurs upon confirmation of payment, occupancy, or as otherwise specified in the agreement. Disputes regarding escrow release will be resolved in accordance with the rental agreement and applicable law.

We act as a platform facilitating agreements between parties. We are not a party to rental agreements unless expressly stated. Our role is limited to providing the technology, payment processing, and related services.

8. KYC and Identity Verification

For property transactions, rent payments, withdrawals, and certain financial services, we may require Know Your Customer (KYC) verification as required by Kenyan law, including anti-money laundering and counter-terrorism financing regulations.

You consent to provide identity documents (e.g. national ID, passport), proof of address, and other information necessary for verification. We may share verification data with regulated partners, payment processors, and authorities as required by law. Failure to complete KYC when required may result in restricted access to certain Services.

9. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:

  • Systematically retrieve data to create a collection, database, or directory without written permission
  • Trick, defraud, or mislead us or other users, including attempts to obtain sensitive account information
  • Circumvent, disable, or interfere with security-related features of the Services
  • Disparage, tarnish, or harm us or the Services
  • Use information from the Services to harass, abuse, or harm another person
  • Make improper use of support services or submit false reports of abuse
  • Use the Services in violation of any applicable laws or regulations
  • Engage in unauthorised framing of or linking to the Services
  • Upload or transmit viruses, malware, or material that interferes with the Services
  • Engage in automated use (scripts, bots, data mining, scrapers) without permission
  • Delete or remove copyright or proprietary notices from any Content
  • Impersonate another user or person
  • Interfere with, disrupt, or create undue burden on the Services or connected networks
  • Harass, intimidate, or threaten our employees or agents
  • Copy, decompile, disassemble, or reverse engineer the Services' software
  • Use the Services to compete with us or for unauthorised revenue-generating endeavours
  • Sell or transfer your profile

Violation of these provisions may result in immediate termination of your account and appropriate legal action.

10. User-Generated Contributions

The Services may allow you to create, submit, post, or transmit content including text, photographs, reviews, and messages ("Contributions"). Contributions may be viewable by other users. By posting Contributions, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and distribute such content in connection with the Services.

You represent that your Contributions are original or that you have the necessary rights to post them, and that they do not violate any third-party rights or applicable law. You are solely responsible for your Contributions. We may remove or edit any Contributions at any time without notice if we consider them harmful or in breach of these Legal Terms.

11. Third-Party Services and Content

The Services may contain links to third-party websites or integrate with third-party payment providers (e.g. M-Pesa, card processors). We do not investigate, monitor, or endorse third-party content. Your use of third-party services is at your own risk and subject to their terms and policies. We are not responsible for any transactions between you and third parties.

12. Services Management

We reserve the right to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against violators; (3) refuse, restrict, or disable access to any Contributions or portion of the Services; (4) remove content that is excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property.

13. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in Kenya; by using them from elsewhere, you consent to data transfer and processing in Kenya. Please read the Privacy Policy carefully.

14. Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or no reason, including breach of these Legal Terms or applicable law. We may terminate your account or delete your content at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering a new account under your name or a false or borrowed name. We may pursue civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or maintenance issues resulting in interruptions. We have no liability for any loss, damage, or inconvenience caused by your inability to access the Services during any downtime.

16. Governing Law and Dispute Resolution

These Legal Terms shall be governed by the laws of Kenya. Any dispute arising out of or in connection with these Legal Terms shall be subject to the exclusive jurisdiction of the courts of Kenya. You irrevocably consent to such jurisdiction.

Before initiating formal proceedings, you agree to contact us to attempt to resolve the dispute informally. We will endeavour to resolve disputes in good faith within a reasonable time.

17. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE ASSUME NO LIABILITY FOR (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE; (3) UNAUTHORISED ACCESS TO OUR SERVERS OR YOUR DATA; (4) INTERRUPTION OF TRANSMISSION; (5) BUGS OR VIRUSES; OR (6) LOSS OR DAMAGE FROM USE OF ANY CONTENT.

18. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) 50,000 KES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; IF SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE MAY NOT APPLY.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your violation of third-party rights; or (5) any harmful act toward another user. We reserve the right to assume the exclusive defence of any matter subject to indemnification at your expense.

20. Electronic Communications and Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices and records of transactions.

21. SMS and Communications

By providing your phone number, you consent to receive SMS messages from us for account alerts, transaction notifications, and support. Message and data rates may apply. You may opt out by replying "STOP" to any SMS or by contacting us. We may also send emails to the address you provide for transactional and service-related communications.

22. Miscellaneous

These Legal Terms and any policies posted on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. We may assign our rights and obligations at any time. If any provision is found unlawful or unenforceable, it shall be severed without affecting the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us.

23. Contact Us

VistaPhantor Homes and Construction Limited
28-80110 Brazil, Likoni, Mombasa, Kenya
Phone: 0743938639
Email: contact@vistaphantor.homes

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