Terms & conditions

Effective date: 27 September 2026

These Terms and Conditions (the "Terms") govern your access to and use of the Maskani Yetu website, applications, and related services (the "Service"), operated by Brick Bit Ltd, a company registered in Kenya ("Maskani Yetu", "we", "us", or "our"). By creating an account, ticking the acceptance box, signing in with a third-party account, or otherwise using the Service, you agree to these Terms and to our Privacy policy. If you do not agree, do not use the Service. If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" includes that organisation.

1. What Maskani Yetu is — and is not

Maskani Yetu is an online marketplace that lets property owners, landlords, developers, and estate agents ("Listers") advertise property, and lets people looking to buy, rent, or stay ("Seekers") find listings and contact Listers.

• We are not an estate agent, broker, landlord, seller, valuer, or advocate. We do not negotiate, act for any party, hold deposits, or receive commission on any sale, letting, or stay.
• We are not a party to any agreement between users. Any viewing, tenancy, sale, booking, or payment is strictly between the Seeker and the Lister, on terms they agree between themselves.
• Listings are provided by Listers. We do not own, inspect, or guarantee any property, and we do not verify title, ownership, approvals, or the accuracy of listing content unless we expressly say so for a specific feature.
• Anyone may list; some Listers are verified. Anyone who accepts these Terms may create a Lister account and publish listings. We moderate the Service and act on reports, but we do not review every listing or Lister before publication. Some Listers are vetted by us and show a "Verified" badge. The badge means only that we reviewed that Lister at the time; it is not a guarantee of the Lister, any listing, or any property, and we may remove it at any time.
• Nothing on the Service is legal, financial, valuation, or investment advice.

Short stays (BnB)

We show short-stay and holiday accommodation ("BnB listings") in the same way as every other listing. We are not a booking platform, hotel, or accommodation provider, and a BnB listing does not change our role:

• we do not take bookings, reservations, or payments, hold deposits, or issue confirmations or refunds for any stay;
• the host (the Lister) alone is responsible for the accommodation, its availability, safety, cleanliness, house rules, cancellation and refund terms, and any licence, registration, or tax their business requires;
• your booking and stay are an agreement between you and the host, and our responsibility for a BnB listing is the same as for any other listing, as set out in these Terms (including section 12).

Before you pay a host, confirm who they are and agree the price, dates, and cancellation terms with them in writing. If something goes wrong, raise it with the host first, and report the listing to us if you believe it is misleading or fraudulent.

2. Eligibility

• You must be at least 18 years old and have capacity to enter into a binding contract under the laws of Kenya.
• Anyone who acts as an estate agent for reward must be registered and hold a valid practising certificate under the Estate Agents Act (Cap. 533). Owners and landlords advertising their own property do not need to be registered agents.
• Listers must hold any other licence or registration their activity requires (for example, tourism or hospitality registration and county permits for short-stay or holiday accommodation).
• We may ask for evidence of the above at any time and may suspend listings until it is provided.

3. Your account

• Give accurate, current information and keep it up to date.
• Keep your login credentials confidential. We recommend enabling two-factor authentication. Tell us immediately at [email protected] if you suspect unauthorised access.
• You are responsible for all activity on your account and on any team you own or manage, including actions taken by team members you invite.
• If you sign in with Google, Facebook, or TikTok, your use of that provider is also governed by its own terms.
• You may ask us to delete your account at any time. Our Privacy policy explains what we keep after deletion and why.

4. Listing rules (for Listers)

By publishing a listing you confirm that:

• you own the property, or you are authorised in writing by the owner to advertise it on the terms shown, and you can produce that authority on request;
• the price, location, size, room count, amenities, availability, photographs, and all other details are true, current, and not misleading, and you will update or remove the listing promptly once the property is no longer available;
• photographs and media are of the actual property (or clearly labelled as illustrative, such as off-plan renders) and you have the right to use them;
• the property, and your advertising of it, comply with the law, including planning and building approvals, and the law on landlord and tenant, consumer protection, and anti-money laundering;
• you will not discriminate against any person on any ground prohibited by the Constitution of Kenya or any other law.

We may review, refuse, edit for format, hide, or remove any listing, and may request documents (such as a title search or letter of authority), at our discretion and without liability, including where we receive a report or suspect fraud.

5. Seekers — protect yourself

Property fraud is common. Before paying any money you should, at a minimum: view the property in person; confirm the identity and authority of the person you are dealing with; for purchases, carry out an official land search and use an advocate; and never pay a "booking fee" or deposit to someone you have not verified. See our safety tips. Maskani Yetu does not collect viewing fees, deposits, or rent, and will never ask you to pay a Lister through us unless the Service clearly shows an official Maskani Yetu payment feature.

6. Enquiries, tours, and your contact details

When you send an enquiry, request a tour, or otherwise contact a Lister through the Service, we share the details you submit (such as your name, email address, phone number, preferred date, and message) with that Lister so they can respond. The Lister then handles your details independently and is responsible for how they use them. Listers must use Seekers' details only to respond about the relevant property and must not add them to marketing lists without consent.

7. Reviews and other content you post

• Reviews must reflect your own genuine experience. Do not post reviews of your own listings or a competitor's, reviews in exchange for payment or benefit, or content that is false, defamatory, abusive, hateful, or discloses someone else's personal data.
• You keep ownership of content you submit (listings, photographs, reviews, profile details). You grant Maskani Yetu a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, resize, adapt for display, publish, and promote that content on the Service and in marketing of the Service (including social media), for as long as it is on the Service and for a reasonable period after removal to allow for caches, backups, and already-published materials.
• Before a review, or a reply to a review, is saved, we automatically remove phone numbers, email addresses, M-Pesa transaction codes, KRA PINs, and national ID numbers from its text. How reviews work explains how reviews are checked and published.
• We may moderate, hide, or remove content that breaks these Terms or the law. We do not remove honest negative reviews simply because a Lister disagrees with them.

8. Prohibited conduct

• Posting fake, duplicate, bait-and-switch, or already-let or sold listings, or misrepresenting ownership, title, or approvals.
• Requesting or accepting money before a genuine viewing, or any other fraud or attempted fraud.
• Scraping, crawling, harvesting contact details, or copying or redistributing content without our prior written consent.
• Sending spam, phishing, or unsolicited marketing to other users.
• Uploading malware, probing or breaching our security, bypassing our bot protection, or interfering with the Service, which may also be an offence under the Computer Misuse and Cybercrimes Act, 2018.
• Impersonating any person, or using another person's account or personal data without authority.
• Any use that breaks Kenyan law or infringes anyone's rights.

Please report suspicious listings using the "Report" option on the listing or by contacting us. We may keep records and cooperate with law enforcement where we suspect fraud or other crime.

9. Fees

Browsing and searching listings is free. Creating a Lister account and publishing listings is currently free. We may introduce paid features (such as premium placement or subscriptions) in future. Before you are charged for anything, we will clearly show the price in Kenyan Shillings (KSh), what it covers, whether VAT and other taxes are included, and the payment and refund terms, and you will need to accept them. Paid features will not be applied to your account without your express agreement.

10. Intellectual property

The Maskani Yetu name, logo, software, design, and content we create belong to us or our licensors and are protected by the Copyright Act, 2001, the Trade Marks Act (Cap. 506), and other laws. You receive a limited, revocable, non-transferable right to use the Service for its intended purpose. If you believe content on the Service infringes your copyright, email [email protected] with the location of the content, proof of your rights, and your contact details, and we will act on valid notices promptly.

11. Availability of the Service

We work to keep the Service available and accurate, but we provide it "as is" and "as available". We may change, suspend, or discontinue features, and the Service may be interrupted for maintenance or reasons beyond our control. We do not guarantee that it will be uninterrupted or error-free.

12. Limitation of liability

Nothing in these Terms excludes or limits any liability or any right you have that cannot lawfully be excluded or limited, including your rights as a consumer under the Consumer Protection Act, 2012. Subject to that:

• Because we are not a party to transactions between users (section 1), we are not liable for the acts, omissions, statements, listings, or properties of Listers or Seekers (including hosts of BnB listings and the stays they provide), or for any loss arising from a dealing between users, including loss of any money paid to another user.
• We are not liable for indirect or consequential loss, or for loss of profit, business, opportunity, or data.
• Our total liability to you for all claims arising from the Service in any twelve (12) months is limited to the greater of (a) the fees you paid us in the twelve (12) months before the event giving rise to the claim, and (b) KSh 10,000.

13. Indemnity

You agree to compensate Maskani Yetu, its directors, employees, and agents for reasonable losses, costs (including reasonable advocates' fees), and liabilities arising from a third-party claim caused by your breach of these Terms, your listings or other content, your dealings with other users, or your breach of the law or another person's rights.

14. Suspension and termination

We may suspend or close your account, or remove your content, with or without notice, if we reasonably believe you have broken these Terms or the law, pose a risk of fraud or harm to other users, or if we are required to by law. Where reasonable, we will tell you why and give you a chance to respond. You may stop using the Service and ask us to delete your account at any time. Sections 1, 7 (licence for already-published materials), 10, 12, 13, 16, and 17 survive termination.

15. Changes to these Terms

We may update these Terms to reflect changes to the Service or the law. We will post the new version here with its effective date and email registered users when we publish it. If you do not agree to the changes, you should stop using the Service and may delete your account; continued use after the effective date means you accept the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of Kenya. If you have a complaint, please contact us first at [email protected] and we will try to resolve it within thirty (30) days. If it is not resolved, either party may refer the dispute to mediation under the Chartered Institute of Arbitrators (Kenya Branch). If mediation does not resolve the dispute within a further thirty (30) days, the courts of Kenya have exclusive jurisdiction. Nothing in this section prevents either party from seeking urgent relief from a court, or you from bringing a claim in the Small Claims Court or making a complaint to the Office of the Data Protection Commissioner or any other regulator.

17. General

• These Terms, together with our Privacy policy and any terms shown for a specific feature, form the entire agreement between you and us about the Service.
• If any part of these Terms is found invalid or unenforceable, the rest remains in effect.
• If we do not enforce a right immediately, we have not waived it.
• You may not transfer your rights under these Terms without our consent. We may transfer ours to a successor to our business, provided your rights are not reduced.
• We are not responsible for delays or failures caused by events beyond our reasonable control.
• Electronic acceptance of these Terms and electronic notices are valid and binding under the Kenya Information and Communications Act (Cap. 411A).

18. Contact

Questions about these Terms can be sent to [email protected], through our contact page, or by post to Brick Bit Ltd, P.O. Box 960-00232, Ruiru, Kenya.