Terms and conditions

These terms govern your use of this website. Please read them carefully. By using the site you accept them. If you do not accept them, please do not use the site.

1. Who we are

This website is operated by [full registered company name to confirm], trading as Peponi Beachfront Developments ("Peponi", "we", "us", "our"), a company registered in [jurisdiction and company number to confirm] with its registered office at [address to confirm] and operations on the Kenyan coast.

Our business — the origination, acquisition, development and sale of coastal real estate — is carried on in the Republic of Kenya and is subject to Kenyan law.

2. Acceptance of these terms

By accessing, browsing or using this website, or by submitting an enquiry through it, you confirm that you accept these terms and agree to comply with them, and that you have the legal capacity to do so. If you are using the site on behalf of an organisation, you confirm that you are authorised to bind that organisation.

These terms should be read together with our privacy policy and our disclaimer and risk notice, which form part of them. Where the disclaimer and these terms address the same subject, the disclaimer prevails.

3. Definitions

"Content" means all text, images, plans, data, layouts and material published on the site. "Project" means a development opportunity described on the site. "Project documentation" means the detailed material issued separately to qualified parties under confidentiality. "You" means any user of the site.

4. Permitted use of the website

You may access and view the site, and print or download extracts, for your own internal, non-commercial use in evaluating a possible relationship with Peponi. You may share a link to any page. All other rights are reserved.

5. Prohibited use

You must not:

reproduce, republish, sell, licence or commercially exploit the Content without our written permission; use the site or its Content to compete with us or to solicit our counterparties; use automated means to scrape, harvest or systematically extract Content or contact details; introduce malware or attempt to gain unauthorised access to the site, its server or any connected system; misrepresent your identity, organisation or authority; submit false, misleading or unlawful information through any form; use the site for any unlawful purpose or in any way that damages the site or impairs its availability.

Interference with a computer system is an offence under the Computer Misuse and Cybercrimes Act, 2018 of Kenya. We report material incidents to the appropriate authorities.

6. No offer and no advice

Nothing on this website is an offer to sell, or a solicitation of an offer to buy, any security, interest, land or investment, in any jurisdiction. Nothing on it is investment, legal, tax, accounting, planning or valuation advice, and it does not take account of your objectives, financial situation or needs.

Any investment or purchase would be made solely on the basis of definitive transaction documentation executed between the parties. You should take independent professional advice before making any decision.

7. Accuracy of information

Land areas, plot counts, unit mixes, programmes, budgets, stages, images and specifications shown on the site are indicative at the date shown and remain subject to survey, title verification, planning and environmental approval, cost verification and commercial due diligence.

Where a status is described as unconfirmed or to be confirmed, it has not been satisfied and must not be assumed. We do not represent that any project will proceed, will proceed on the terms described, or will be completed at all. Project stages change, and pages may not be updated immediately.

8. Property particulars

Descriptions, plans, layouts, areas, plot counts, boundaries, images and visualisations published on this site are marketing particulars. They are prepared in good faith as a general guide only. They do not form part of any offer or contract, do not constitute a representation of fact, and must not be relied upon as a statement that any property, plot, boundary, service or feature exists, is available, or will be provided.

Areas and dimensions are approximate and not to scale. Plans and layouts are conceptual and subject to survey and to planning and environmental approval. Images and visualisations are illustrative of character and design intent and are not a representation of any finished plot, unit, boundary or view.

We give no warranty as to title. Nothing published on this site is a representation that Peponi holds, or will acquire, good and marketable title to any land, or that any parcel is free of encumbrance, caution, caveat, competing claim or access constraint. Title is a matter for verification by your own advocate against the register.

9. Buyers: your own due diligence

If you proceed towards a purchase, you are expected to instruct your own advocate and, where appropriate, your own licensed surveyor and valuer. You should not rely on Peponi, on any party introduced by Peponi, or on anything published on this site, in place of your own independent verification.

At minimum, independent verification should cover: an official search of the title at the relevant land registry; confirmation of the registered proprietor, tenure and unexpired term; encumbrances, cautions and caveats; boundaries and acreage by survey; rights of access; outstanding land rates and land rent; and the status of any consent or approval required for the transaction.

10. Consents, approvals and completion

Transactions in land in Kenya are subject to statutory consents and approvals which are outside our control and which may be refused, delayed or granted subject to conditions. Depending on the parcel and the transaction, these may include:

consent of the Land Control Board where the land is agricultural, under the Land Control Act (Cap. 302); change of user, subdivision and development approval by the county government under the Physical and Land Use Planning Act, No. 13 of 2019; environmental impact assessment and licensing under the Environmental Management and Co-ordination Act (Cap. 387); consent to transfer from the lessor on leasehold land; and registration of the instrument under the Land Registration Act, No. 3 of 2012.

Where the land is or becomes held under sectional titles, the Sectional Properties Act, No. 21 of 2020 applies. Where you are not a Kenyan citizen, tenure is limited to leasehold not exceeding ninety-nine (99) years under Article 65 of the Constitution of Kenya, 2010.

No plot or unit is offered for sale, and no marketing of a consented product is undertaken, before the relevant instrument has issued. A transaction completes only on registration of the transfer in your favour.

11. Costs, taxes and payments

Any price indicated is exclusive of transaction costs unless expressly stated otherwise. A buyer is ordinarily responsible for stamp duty under the Stamp Duty Act (Cap. 480), registration and search fees, their own legal fees, and any applicable value added tax, each at the rates prevailing at the time. A seller may be liable to capital gains tax. Ongoing land rates and land rent are payable after completion. [Confirm current rates and the allocation of costs with counsel; do not publish rate figures on this site without their source and date.]

Where a reservation fee, deposit or instalment is taken, the amount, whether it is refundable, the conditions attaching to it and the account into which it is paid will be set out in writing before any payment is requested. Never pay any sum on the basis of details supplied by email alone — see clause 23.

12. Our capacity, and sales partners

Peponi acts as a principal in relation to its own developments — originating, acquiring and developing land for sale on its own account. It does not hold itself out as an estate agent acting for third-party sellers, and nothing on this site should be read as an offer of estate agency services.

Where a project is marketed through a sales partner, that partner is appointed in writing and is required to be appropriately registered for the activity it carries on, including registration with the Estate Agents Registration Board under the Estate Agents Act (Cap. 533) where that Act applies to it. A sales partner is not authorised to vary these terms, to make representations on our behalf beyond published material, or to receive payment on our behalf unless we confirm this to you in writing. [Confirm Peponi's own registration position with counsel before launch.]

13. Consumer rights

Where you deal with us as a consumer, nothing in these terms excludes or limits any right you have under the Consumer Protection Act, No. 46 of 2012 or any other Kenyan law that cannot lawfully be excluded, including protections against false, misleading or deceptive representations. Those rights apply in addition to these terms.

14. Enquiries and information requests

Submitting an enquiry does not create any contract, partnership, joint venture, agency or fiduciary relationship between you and Peponi, and does not entitle you to receive project documentation, to attend a site visit, or to participate in any project. We may decline any enquiry without giving reasons.

Project documentation is released progressively to identified parties, subject to confidentiality and verification. You must not forward it to any third party without our written consent.

15. Confidentiality

We treat enquiries as confidential and expect the same in return. Any material we issue that is marked confidential, or that would reasonably be understood to be confidential, must be kept confidential, used only to evaluate the opportunity, and returned or destroyed on request. Where a separate confidentiality agreement is executed, that agreement prevails over this clause.

16. Eligibility, verification and AML

This site is not directed at any person in any jurisdiction where its publication or availability would be contrary to local law. It is your responsibility to observe the laws that apply to you. We do not promote investments to retail investors and we do not raise capital from the public.

Before entering any transaction we carry out identity, source-of-funds, beneficial ownership and sanctions checks in line with the Proceeds of Crime and Anti-Money Laundering Act, 2009 and related Kenyan requirements. We may decline or discontinue any dealing we cannot satisfactorily verify, and we are not liable for any loss arising from doing so.

Real estate is a designated sector for anti-money-laundering purposes in Kenya. Businesses dealing in land and property may fall within the definition of a reporting institution, with obligations to register with the Financial Reporting Centre, apply customer due diligence, keep records and report suspicious transactions. Where those obligations apply to us we comply with them, and we may be required to make a report without notifying you. [Confirm Peponi's reporting-institution status and FRC registration with counsel before launch.]

17. Intellectual property

The Peponi name, logo, wordmark, site design, text, imagery, plans and layouts are owned by Peponi or its licensors and are protected by the Copyright Act, No. 12 of 2001 and the Trade Marks Act (Cap. 506) of Kenya and by equivalent laws elsewhere. Except as permitted in clause 4, no licence is granted to you.

Photographs, renders and visualisations are illustrative of location, character and design intent, and are not a representation of any finished development, plot, unit or view.

18. Third-party links and content

Where we cite legislation, official sources or market data, we identify the source and the date it was recorded. We do not warrant that third-party information is accurate, complete or current, and a legal position summarised on this site should be confirmed with qualified counsel for any specific transaction. Links to third-party sites are provided for convenience and do not imply endorsement; we are not responsible for their content.

19. Availability and changes

We do not guarantee that the site will be available uninterrupted or error-free. We may change, suspend, restrict or withdraw all or any part of the site, and may amend these terms, at any time. The date at the top of this page shows when it was last revised, and your continued use after a change constitutes acceptance of the revised terms.

20. Privacy and data protection

Personal data submitted through this site is handled as described in our privacy policy, in accordance with the Data Protection Act, No. 24 of 2019 of Kenya.

21. Limitation of liability

The site and its Content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all warranties, conditions and representations, whether express or implied, in relation to the site.

To the fullest extent permitted by law, we are not liable for any loss of profit, loss of business or opportunity, loss of anticipated saving, loss of data, or any indirect or consequential loss, arising from use of, or reliance on, this site or its Content.

Nothing in these terms excludes or limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded or limited under Kenyan law.

22. Indemnity

You agree to indemnify us against any claim, loss, liability or reasonable cost arising from your breach of these terms, your misuse of the site, or your unauthorised disclosure of confidential project information.

23. Fraud and payment security

Peponi communicates from its own verified domain. We will never send you revised bank details by email, and we will never request payment to an account you have not verified directly with a known contact by telephone. If you receive payment instructions purporting to come from Peponi, verify them by telephone before acting on them.

Do not send passwords, identity documents, bank details or payment information through the website forms. Report any suspicious communication to invest@peponi-resort.com.

24. Electronic communications

You agree that we may communicate with you electronically, and that electronic communications and records satisfy any legal requirement that a communication be in writing, consistent with the Kenya Information and Communications Act (Cap. 411A). Electronic communication is not secure, and we are not liable for interception or delay outside our control.

25. General provisions

If any provision of these terms is held invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these terms; we may assign ours to a group company or successor. These terms, together with the privacy policy and disclaimer, are the entire agreement between us in relation to your use of the site. No third party may enforce these terms.

26. Governing law and disputes

These terms, and any dispute or claim arising out of or in connection with them or your use of this website, are governed by and construed in accordance with the laws of the Republic of Kenya.

The parties will first attempt to resolve any dispute in good faith by discussion. If it is not resolved within thirty (30) days, it will be referred to arbitration by a single arbitrator in Nairobi under the Arbitration Act, 1995, with the arbitration conducted in English. Nothing in this clause prevents either party from seeking urgent interim relief from the courts of Kenya, which otherwise have exclusive jurisdiction.

Transactions relating to land in Kenya are separately governed by Kenyan land law, including the Land Act, No. 6 of 2012 and the Land Registration Act, No. 3 of 2012, and by the terms of the relevant transaction documents.

27. Contact

Questions about these terms should be sent to invest@peponi-resort.com, or through the general enquiry form.

Note for publication: these are general terms drafted to match how this website actually operates and to sit under Kenyan law. They must be reviewed and completed by a qualified Kenyan advocate before the site goes live — in particular the entity details, the arbitration and jurisdiction clause, and any restriction on promoting investments in the countries the site is marketed into.