Terms Of Service

HomeTerms Of Service
1. Acceptance of these Terms

By accessing https://waterfalls.co.ke/ (the “Site”) or using any of our services—including tenancy applications, maintenance requests, newsletters or WhatsApp communications—you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not accept the Terms, please do not use the Site or related services.

2. Who we are

Waterfall Country Homes Management Ltd. (“Waterfall”, “we”, “our”, “us”)
Registered in Kenya ‱ PLOT 1026, Nairobi
Email: info@waterfalls.co.ke │ Tel: +254 757 446 117

3. Services we provide

We operate a residential estate and offer, through this Site and our integrated systems:

  • property listings and virtual tours;
  • online tenancy applications and digital lease execution;
  • resident self-service portal for rent payments and maintenance tickets (powered by Odoo ERP);
  • community news, safety alerts and marketing messages delivered via WhatsApp Business Platform, e-mail and SMS.
4. Services we provide
  1. You must be at least 18 years old and capable of forming a legally binding contract under Kenyan law.
  2. Information you supply must be true, complete and kept up-to-date.
  3. You agree not to:
    • scrape, copy or frame any part of the Site without consent;
    • use the Site for unlawful, defamatory or fraudulent purposes;
    • transmit viruses or attempt to gain unauthorized access to our systems.
5. Accounts & Security

Certain features (e.g., resident portal) require registration. You are responsible for safeguarding login credentials and all activities under your account. Notify us immediately of any unauthorised use.

6. Fees & Payments

Rent, service charges or other fees displayed on the Site are payable in Kenyan shillings unless stated otherwise. Online payments are processed by third-party gateways; their separate terms will apply.

7. Communications via WhatsApp
  • By providing your phone number you consent to receiving transactional and, where opted-in, marketing messages using WhatsApp Cloud API.
  • Message frequency varies. Standard data rates may apply.
  • Reply STOP on WhatsApp (or e-mail us) to opt out of marketing at any time; transactional notices required for your lease will continue.
8. Intellectual Property

All content on the Site—including text, graphics, logos, photos and software—is owned by Waterfall or its licensors and protected under copyright and trademark laws. You may print or download content for personal, non-commercial use only.

9. Third Party Links & Integrations

The Site may link to external sites or services (e.g., payment processors, Google Maps). We do not endorse and are not responsible for their content or practices. Use at your own risk.

10. Disclaimer of Warranties

The Site and services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose, uninterrupted availability or error-free operation.

11. Limitation of Liability

To the fullest extent permitted by law, Waterfall shall not be liable for any indirect, incidental, special or consequential damages, or for loss of profits, data or goodwill, arising out of or in connection with your use of the Site or services—even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the greater of (a) KES 10,000 or (b) the amount you have paid to us for the relevant service in the preceding 12 months.

12. Indemnification

You agree to indemnify and hold harmless Waterfall, its directors, employees and agents from any claims, damages, losses and expenses (including legal fees) arising from your breach of these Terms or misuse of the Site.

13. Termination & Suspension

We may suspend or terminate your access immediately, without notice, if we reasonably believe you have violated these Terms or applicable laws. The provisions on intellectual property, limitation of liability, indemnification and governing law survive termination.

14. Changes to the Terms

We may revise these Terms periodically. Material changes will be announced on the Site and, where appropriate, via e-mail or WhatsApp. Continued use after changes are posted constitutes acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya. Any dispute shall first be attempted to be resolved amicably within 30 days. Failing settlement, disputes will be submitted to the exclusive jurisdiction of the High Court of Kenya, Nairobi.

16. Contact Us

Questions or feedback about these Terms?
Email info@waterfalls.co.ke or write to our postal address above.