1. About these terms#
1.1 These Terms of Use (the “Terms”) govern your access to and use of www.asayakilifi.com and any related pages, forms, downloads and online services (the “Website”), operated by Napayian Development Limited, company number PVT-V7UABM32, of Ruaka Drive, Building Runda, Westlands, Nairobi, Kenya; P.O. Box 21372-00100, Nairobi, Kenya (the “Developer”, “we”, “us”).
1.2 By accessing or using the Website you agree to these Terms. If you do not agree, do not use the Website. If you use the Website on behalf of a company or other person, you confirm that you are authorised to bind them.
1.3 These Terms include, and should be read with, our Website Disclaimer, Privacy Notice and Cookie Policy, each published on the Website.
2. Information only; no contract#
2.1 The Website is for general information about the ASAYA development. It is not an offer, invitation or contract, and is not financial, investment, legal or tax advice. Please read the Website Disclaimer carefully.
2.2 Submitting an enquiry, registering interest, downloading the brochure, requesting a viewing or paying any sum other than under a written agreement signed by the Developer does not reserve a unit or create any right to purchase. A unit is reserved or sold only under a written Sale Agreement signed by the Developer, in accordance with Kenyan law.
2.3 If you enter into a Sale Agreement, that Sale Agreement governs the purchase and sale of the relevant unit. If there is any inconsistency between the Sale Agreement and these Terms or other Website Materials, the Sale Agreement prevails in relation to that transaction. Any matter relating to the purchase or sale that is addressed in the Sale Agreement will be governed by the Sale Agreement, whether or not it is addressed in these Terms. Nothing in this clause limits any rights that cannot lawfully be excluded.
3. Eligibility#
3.1 You must be at least 18 years old and have legal capacity to use the Website and to submit enquiries. The Website is not directed at children.
4. Permitted use#
4.1 You may view the Website, and download or print content for your personal, non-commercial use, provided you keep all copyright and other notices intact.
4.2 You must not, without our prior written consent: (a) copy, reproduce, publish, sell, licence or distribute any content for commercial purposes; (b) frame, mirror or scrape the Website, or use bots, crawlers or automated tools to extract data; (c) remove or alter any notice, watermark or disclaimer; or (d) use the ASAYA name, logo or images in any way that suggests affiliation or endorsement.
5. Prohibited conduct#
5.1 You must not use the Website to: (a) break any law, including the Computer Misuse and Cybercrimes Act, 2018; (b) gain or attempt unauthorised access to any system, account, data or network; (c) introduce viruses, malware or other harmful code; (d) interfere with or overload the Website or its security; (e) submit false, misleading, fraudulent or unlawful information, or impersonate any person; (f) harass, defame or infringe the rights of others; or (g) send unsolicited commercial communications.
5.2 We may investigate suspected breaches, remove content, restrict access, and report unlawful activity to the police or other authorities.
6. Enquiries, forms and information you provide#
6.1 You must give accurate, complete and lawful information in any form, and keep it up to date. You must not submit another person’s personal data unless you are entitled to do so.
6.2 We handle personal data in accordance with our Privacy Notice and the Data Protection Act, 2019. Do not send passports, national ID numbers, bank details or other sensitive documents through general web forms or email unless we have asked you to use a secure channel for a specific purpose.
6.3 Content you submit (such as messages or feedback) may be used by us to respond to you and to improve our services. You grant us a non-exclusive, royalty-free licence to use it for those purposes, and you confirm that you have the right to do so.
7. Communications and marketing#
7.1 By submitting an enquiry you agree that we may contact you (by email, telephone, SMS or messaging apps such as WhatsApp) to respond to it.
7.2 We send marketing communications only where you have consented or where the law otherwise permits, and every message will include a simple way to opt out. You may withdraw consent at any time by using the unsubscribe link or writing to fwangata@napayian.com.
8. Intellectual property#
8.1 The Website and its contents, including text, photographs, renderings, floor plans, drawings, videos, logos, the ASAYA name and get-up, and the selection and arrangement of them, are owned by or licensed to the Developer and are protected by the Copyright Act, 2001, the Trade Marks Act (Cap. 506) and other applicable law.
8.2 Except as permitted in clause 4, no licence or right is granted to you. All rights are reserved.
9. Third-party links and content#
9.1 The Website may link to or embed third-party websites, maps, videos and services. They are provided for convenience only. We do not control or endorse them and are not responsible for their content, availability, security or privacy practices. Your use of them is at your own risk and subject to their terms.
10. Availability and security#
10.1 The Website is provided “as is” and “as available”. We do not guarantee that it will be uninterrupted, secure, timely, accurate or free of errors or malware, and we may modify, suspend or withdraw any part at any time. You are responsible for your own device security and for taking your own precautions against viruses.
11. Fraud, impersonation and official channels#
11.1 Property fraud and impersonation are a real risk. The Developer will communicate payment instructions only through the Sale Agreement or written instructions issued by its authorised advocates. Verify any instruction by calling the Developer on the number stated in these Terms before transferring funds. Do not send banking passwords or transfer funds to a personal account based solely on a message, email or social-media communication.
11.2 The Developer’s contact details are set out in clause 21. Report suspected fraud or impersonation to fwangata@napayian.com. Any authorised sales agents will be identified on the Website if appointed.
12. Disclaimer of warranties#
12.1 To the fullest extent permitted by law, we exclude all warranties, conditions and terms, whether express or implied by statute or otherwise, in relation to the Website and its content, including as to accuracy, fitness for purpose, merchantability and non-infringement.
13. Limitation of liability#
13.1 To the fullest extent permitted by law, the Developer and its directors, officers, employees, advisers and agents are not liable for any loss or damage (including indirect, consequential or economic loss, or loss of profit, data, goodwill or opportunity) arising from your use of, inability to use, or reliance on the Website or its content, whether in contract, tort (including negligence) or otherwise.
13.2 Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any liability that cannot lawfully be excluded, and nothing affects your rights under the Consumer Protection Act, 2012 or other mandatory law.
14. Indemnity#
14.1 You are responsible for losses and reasonable costs to the extent directly caused by your material breach of these Terms, unlawful use of the Website or submission of unlawful content. This clause does not impose liability to the extent prohibited by mandatory law or limit any non-excludable consumer right.
15. Suspension and termination#
15.1 We may suspend or end your access to the Website at any time, without notice, if we reasonably believe you have breached these Terms or the law. Provisions that by their nature should survive termination will survive.
16. Electronic communications and records#
16.1 You agree that we may communicate with you electronically and that electronic records, messages and signatures may be relied on to the extent permitted by the Kenya Information and Communications Act, 1998. This does not affect any legal requirement that a contract for an interest in land be in writing, signed and attested.
17. Complaints#
17.1 If you have a complaint about the Website or our services, write to fwangata@napayian.com or to Napayian Development Limited, Ruaka Drive, Building Runda, Westlands, Nairobi, Kenya; P.O. Box 21372-00100, Nairobi, Kenya. We will acknowledge the complaint within five (5) working days and aim to respond substantively within thirty (30) days. Data protection complaints are dealt with as set out in the Privacy Notice.
18. General#
18.1 Entire agreement. These Terms, the Disclaimer, the Privacy Notice and the Cookie Policy are the entire agreement between you and us regarding use of the Website.
18.2 Severability. If any provision is held invalid or unenforceable, the remainder continues in force.
18.3 Waiver. A failure or delay in enforcing a right is not a waiver of it.
18.4 Assignment. You may not assign or transfer your rights under these Terms. We may assign ours to any successor to the Development or business.
18.5 Third parties. No person other than you and us has any right to enforce these Terms.
19. Governing law and dispute resolution#
19.1 These Terms and any dispute or claim arising out of or in connection with them or the Website are governed by the laws of Kenya.
19.2 The parties will first try to resolve a dispute by good-faith negotiation for thirty (30) days after written notice.
19.3 If not resolved through negotiation, the dispute shall be subject to the jurisdiction of the courts of Kenya. This clause applies to use of the Website only and does not replace a dispute-resolution clause in a signed Sale Agreement.
20. Changes to these Terms#
20.1 We may update these Terms at any time by posting the revised version with a new “Last updated” date. Continued use of the Website after that date means you accept the changes.
21. Contact#
21.1 Napayian Development Limited, Ruaka Drive, Building Runda, Westlands, Nairobi, Kenya; P.O. Box 21372-00100, Nairobi, Kenya. Email: fwangata@napayian.com. Telephone: +254 797 042 121.