Terms and Conditions

Welcome to Real Stead! By using our website or services, you agree to the terms outlined below. If you disagree with any part of these terms, you should not access our platform or use our services.

1. Introduction

Welcome to Real Stead! By using our website or services, you agree to the terms outlined below. If you disagree with any part of these terms, you should not access our platform or use our services.

2. Eligibility

By using or visiting website, mobile applications, software, data feeds, and services provided to you (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”) and privacy policy (the “Privacy Policy”) of the Company. If you do not agree to any of these terms, please do not use the Service.

Welcome to Eternity Heights.com! We are a digital real estate advertising / marketing and information services platform connecting people with the real estate market. Eternity Heights.com and our subsidiaries and affiliates (collectively the “Company” or “Eternity Heights.com”) provide you with access to a variety of services, including but not limited to the www.Eternity Heights.com website (the “Website”) and Eternity Heights.com’s mobile applications (the “Mobile App”) and all the products and services available through our Website and Mobile App (collectively the “Services”). The Website and Mobile App is owned and operated by Locon Solutions Private Limited, a company incorporated under the laws of CHE.

This document and the Privacy Policy is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

3. Modifications to the Terms

  • Help you find the most relevant information for your situation by customizing our Services to optimize your experience;
  • Keep you connected with Eternity Heights.com across the internet and update you with residential real estate-related news and information; and
  • Put you in touch with the right people to sell, buy, rent, or research residential real estate, obtain a mortgage, avail related services and to optimize the information we share with those parties to initiate a productive and efficient relationship.
  • Services Description: Eternity Heights.com attempts to be as accurate as possible. However, Eternity Heights.com does not warrant that descriptions of or content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. Eternity Heights.com provides links to other sites over which Eternity Heights.com has no control. Eternity Heights.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

4. Services Provided

From time to time, we share the information of those who access our Services with the other reputable organizations whose products or services we think you might find interesting and suits to your requirements. If you do not want us to share your information with other companies or organizations, please let us know by emailing us at hello@eternityproperty.co.ke. In case you wish to delete your information from our website, please let us know by emailing us at hello@eternityproperty.co.ke 

5. Account Registration and Security

Persons who supply us with their telephone numbers on-line may receive telephone calls or text messages from us with information regarding new products or services or upcoming events. You hereby give specific consent to receive the telephone calls or text messages related to our Services and waive the DND registry in case you have subscribed to the same. If you do not wish to receive such telephone calls or text messages, please let us know by e-mailing us at hello@eternityproperty.co.ke.

6. User Responsibilities

With respect to Ad servers: To try and bring you offers that are of interest to you, we have relationships with other companies to whom we allow to place ads on our Website and Mobile App. As a result of your visit to our Website and / or Mobile App, ad server companies may collect information such as your domain type, your IP address and clickstream information.

7. Property Listings

Direct contact with REP: If you fill out a form to contact a REP (or use any other contact forms available on our Services) or call a REP via our Services, we may share personally identifiable information that you share with us and information about your use of our Services with the party you wanted to contact. This may include data you input such as home search criteria or Log Data that we collect as you use the Services. If a REP wants to contact you based on the anonymized profile of Eternity Heights.com pages you visited, we will contact you to see if we can make that connection. Sometimes, if we are working with a third party to improve the quality of connect we provide to our subscriber REPs, we may provide that third party with additional but limited personally identifiable information for the sole purpose of their carrying out their duty to us. By sharing the information, you agree to share your details to a third party also.

Any communication taking place either between the Buyer and the Seller or between the Users and the Company might be monitored / recorded by the Company for quality control and training purposes. Such communication would be including, but not limited to telephonic conversation.

8. Payments and Fees

  1. By registering and/or listing any properties on our Website and / or Mobile App, each REPs represents and warrants that: 
  2. The REPs have all rights to list the said properties on the Website and / or Mobile App, and by doing so, the REPs are not violating or infringing upon the rights (including the intellectual property rights) of any other person and any applicable laws;
  3. REPs are complying with all the regulatory requirements including the provisions of Real Estate (Regulation and Development) Act 2016 in regard to the services / products they are offering via this platform and the listings / advertisements they are posting on this platform;
  4. All the details of the properties listed on the Platform, shared by the REPs, are current, up-to-date and accurate, including the location, property specifications and price; and
  5. By listing the properties on the Website and / or Mobile App, the REPs are granting all such rights to Eternity Heights.com to authorise Eternity Heights.com to use and/or share such listing details in any manner, including on any other websites, platforms etc. of Eternity Heights.com or any associate or third party;

9. Intellectual Property Rights

  1. The user should conduct checks and establish authenticity of any property, or project, its title, built up area, suitability for buying / renting in a form and manner deemed appropriate at his or her cost.
  2. Eternity Heights.com being an advertising platform does not and cannot validate the authenticity of content in its Services. A lot of content is uploaded by the advertiser and we do not filter or verify the same. If a complaint is made, we will take remedial measures.
  3. Certain points to bear in mind:

10. Third-Party Links

There is also a lot of information displayed on the platform which is neither an advertisement / listing as provided by REPs and is collated by our research team from the publically available information and is meant to be a tool for the Users’ own research and awareness about real estate market. While reasonable efforts are being made to ensure the completeness of such information being displayed here and the same being updated on regular intervals by our research team, there is a possibility that the information displayed is not current and complete. This information shall in no way be considered as an advertisement or offer to sale from any REPs or Eternity Heights.com. Eternity Heights.com shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the Users are requested to independently validate the information from the respective developers before making their decision for purchase of properties. Eternity Heights.com, its directors, employees, agents and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by you, based on the information given on the portal.

11. Limitation of Liability

The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.

12. Privacy Policy

Third-Party Websites: Our Website / Mobile App may contain links to other websites. When you click on one of these links, you are navigating to another website. We do not accept liability for misuse of any information by any website controller to which we may link. We also do not have any responsibility of liability for the content on websites that use the Eternity Heights.com search functionality. We encourage you to read the privacy statements of these websites, which may differ from ours.

13. Termination

Indemnification and Limitation of Liability: Each User agrees to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnities”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such User pursuant to these General Terms of Use. Further, each User agrees to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, such User’s use of the Website or Services, User’s violation of the General Terms of Use, or User’s violation of any rights of another, including any intellectual property rights.

14. Governing Law

In no event shall the Indemnities, be liable to the Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with (i) User’s use of or access to the Website, Services or materials on the Website; or (ii) services provided by any Registered Service Provider.

15. Contact Us

Acknowledgment

Eternity Heights.com is providing an option to its registered users (hereinafter referred to as User) for making their rental payments on its Website and Mobile App (hereinafter referred to as Platform). These payments are facilitated through a third-party Payment Gateway Razorpay. By using this platform for making rental payments, the User confirms that there is a valid Lessor and Lessee relationship between the User and the Beneficiary and the amount being transferred through the Platform is representing the actual rental value as per the Agreement We are only providing a platform to facilitate these rental payments from the User to the Beneficiary and we are not involved in any way in the underlying transactions between the User and the Beneficiary. The User needs to comply with the relevant regulations if any related to such payments and shall be responsible for any non-compliance or defaults in such payments. We are not a financial institution and do not offer any sort of banking or related financial services. We may use the services of one or more third parties to provide the services and process your transactions. We are neither an agent of the Lessor or the Lessee or any interested party in any such remittance.