Terms of Service

1. Introduction

Welcome to Ardhi Verified ("Platform", "we", "us", or "our"). Ardhi Verified is a technology platform operated by Ardhi Verified Limited, a company incorporated under the laws of the Republic of Kenya (Company Registration No. PVT-XXXXXXXXX). These Terms of Service ("Terms") govern your access to and use of the Ardhi Verified website, mobile applications, APIs, and all related services (collectively, the "Services").

By creating an account or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

2. Definitions

• "Agent" means a registered land agent, broker, or conveyancer who lists properties or provides services on the Platform.
• "Buyer" means any individual or entity that uses the Platform to search for, enquire about, or purchase land.
• "Listing" means any land or property advertisement published on the Platform by an Agent or verified landowner.
• "NLIMS" means the National Land Information Management System maintained by the Ministry of Lands, Public Works, Housing and Urban Development of the Republic of Kenya.
• "Trust Score" means the proprietary verification rating assigned to each Listing based on our multi-factor verification methodology.
• "Escrow Account" means the segregated client account held with a Central Bank of Kenya (CBK)-licensed financial institution for the purpose of holding buyer funds during a transaction.
• "Land Guardian" means the subscription-based title monitoring service offered by Ardhi Verified.
• "Concierge Service" means the end-to-end guided purchase service offered to diaspora and remote buyers.

3. User Accounts

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that provide false information, engage in fraudulent activity, or violate these Terms. Account holders must be at least 18 years of age or the age of legal majority in their jurisdiction, whichever is greater.

For Agent accounts, additional verification is required, including a valid national identification document, Kenya Revenue Authority (KRA) PIN certificate, and, where applicable, a practising certificate from the Law Society of Kenya (LSK) or registration with the Estate Agents Registration Board (EARB).

4. Listings & Verification

All Listings on the Platform undergo a multi-stage verification process, which may include cross-referencing with the NLIMS registry, title deed authentication, encumbrance searches, and physical site inspections. However, Ardhi Verified does not guarantee the absolute accuracy of any Listing information, and our verification is provided on a best-efforts basis.

Agents and landowners who submit Listings warrant that they have the legal authority to sell or advertise the property, that all information provided is accurate and not misleading, and that the property is free from undisclosed encumbrances, caveats, or disputes. Misrepresentation of Listing information constitutes a material breach of these Terms and may result in immediate account termination, removal of Listings, and referral to relevant authorities.

5. Trust Score

The Trust Score is a proprietary composite rating derived from multiple factors, including but not limited to: NLIMS registry match status, title deed authenticity, agent verification level, historical transaction data, community feedback, and physical inspection results.

Trust Scores are provided for informational purposes only and should not be construed as legal advice, a guarantee of title validity, or a recommendation to purchase. Buyers are strongly advised to engage independent legal counsel and conduct their own due diligence before completing any transaction. Ardhi Verified shall not be liable for any loss arising from reliance on Trust Score information alone.

6. Payments & Escrow

Ardhi Verified facilitates payments between Buyers and Agents through our escrow service. All funds deposited into escrow are held in a segregated client account with a CBK-licensed financial institution and are not commingled with Ardhi Verified's operating funds.

Funds held in escrow will only be released upon satisfaction of predefined release conditions, including confirmation of title transfer at the relevant Land Registry. Full details of our escrow process, fees, and refund policy are set out in our Escrow Policy.

Ardhi Verified accepts payments via M-Pesa, bank transfer, and international wire transfer. Currency conversion rates for cross-border transactions are provided at the prevailing market rate at the time of transfer, plus any applicable fees disclosed prior to payment.

7. Land Guardian Subscription

Land Guardian is a subscription service that monitors registered titles against the NLIMS registry and alerts subscribers to any detected changes, including ownership transfers, new encumbrances, caveats, or court orders.

Subscriptions are billed on a monthly or annual basis as selected at the time of purchase. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.

While Land Guardian employs commercially reasonable efforts to detect registry changes promptly, Ardhi Verified does not guarantee detection of all changes in real time. Land Guardian is a monitoring tool and does not constitute legal protection or insurance against fraud.

8. Concierge Service

The Concierge Service provides guided, end-to-end support for Buyers who wish to purchase land remotely. This includes property shortlisting, site visit coordination via video call or local representative, legal document preparation, escrow facilitation, and post-purchase support.

Concierge Service fees are quoted on a per-transaction basis and must be agreed upon before the service commences. Ardhi Verified acts as a facilitator and does not assume the role of a legal adviser. All Concierge Buyers are advised to retain independent legal representation.

9. Agent Responsibilities

Agents registered on the Platform agree to maintain current and valid professional credentials, respond to Buyer enquiries within 48 hours, provide accurate and truthful Listing information, comply with all applicable Kenyan laws and regulations, and act in good faith in all dealings facilitated through the Platform.

Agents are independent professionals and are not employees, partners, or representatives of Ardhi Verified. Ardhi Verified shall not be liable for the acts, omissions, or representations of any Agent.

Agents found to be engaged in fraudulent activity, material misrepresentation, or conduct that undermines Platform integrity will be permanently suspended and reported to the relevant regulatory authorities, including the EARB and the Directorate of Criminal Investigations (DCI).

10. Limitation of Liability

To the fullest extent permitted by the laws of the Republic of Kenya, Ardhi Verified, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from your use of or inability to use the Services.

In no event shall Ardhi Verified's total aggregate liability exceed the greater of (a) the fees paid by you to Ardhi Verified in the twelve (12) months preceding the claim, or (b) KES 100,000. This limitation applies regardless of the legal theory on which the claim is based.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

11. Data Protection

Ardhi Verified processes personal data in accordance with the Kenya Data Protection Act, 2019 (Act No. 24 of 2019) and the regulations made thereunder. We are registered as a data controller and data processor with the Office of the Data Protection Commissioner (ODPC).

Your personal data is collected, processed, and stored for the purposes of providing and improving our Services, verifying identities, facilitating transactions, and complying with legal obligations. For full details on our data processing practices, please refer to our Privacy Policy.

You have the right to access, rectify, and request deletion of your personal data, as well as the right to data portability and the right to object to certain processing activities, in accordance with the Act.

12. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or the Services, the parties shall first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice of the dispute.

If the dispute cannot be resolved through negotiation, it shall be referred to mediation administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with its mediation rules. If mediation fails, the dispute shall be referred to and finally resolved by arbitration under the NCIA Arbitration Rules. The seat of arbitration shall be Nairobi, Kenya, and the language of arbitration shall be English.

Notwithstanding the foregoing, either party may seek urgent injunctive or interim relief from the courts of Kenya where necessary to prevent irreparable harm.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles. The courts of the Republic of Kenya shall have exclusive jurisdiction over any proceedings arising out of or in connection with these Terms, subject to the dispute resolution mechanism set out in Section 12 above.

14. Contact

If you have any questions about these Terms, please contact us: