Terms of Service
Last updated: April 1, 2026
1. Acceptance of terms
By creating an account, listing a property, or otherwise using Midnight Estates (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms form a binding agreement between you and Midnight Estates Limited, registered in Kenya.
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. By using the Service you represent that all information you provide is accurate and that you have the right to post any content you submit.
3. Accounts
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at info@midnightestates.com if you suspect unauthorized use. We may suspend or close accounts that violate these Terms or pose a risk to the community.
4. Listings and content
You retain ownership of content you submit (listings, photos, reviews), but grant Midnight Estates a worldwide, non-exclusive, royalty-free license to host, display, and distribute that content as part of the Service. You warrant that you own or have permission to post the content and that it is accurate, lawful, and does not infringe any third-party rights.
5. Prohibited conduct
You agree not to: post false, misleading, or fraudulent listings; scrape, copy, or republish content without permission; impersonate others; harass or discriminate against other users; circumvent fees or the booking flow; upload malware; or use the Service for any unlawful purpose. Violations may result in immediate account termination and legal action.
6. Fees and payments
Browsing and contacting agents is generally free. Premium features (VIP and VVIP memberships, profile badges, listing verification, premium placement, sponsored listings and advertising packages) are subject to the fees shown at purchase. All fees are in Kenya Shillings unless otherwise stated and are inclusive of applicable taxes. All purchases are final and non-refundable except as set out in our Refund Policy, which forms part of these Terms. VIP and VVIP memberships and profile badges are strictly non-refundable once activated. Please read the Refund Policy before you pay.
Read the full Refund Policy →7. Role as a platform
Midnight Estates is a marketplace that connects property seekers with agents, landlords, and companies. We do not own, sell, or lease properties ourselves and are not a party to any transaction between users. Any agreement for a property (sale, lease, service) is strictly between the parties involved.
8. Third-party services
The Service may integrate with third-party services (payments, maps, identity verification, mortgages). Those services are governed by their own terms. We are not responsible for the content, performance, or policies of third parties.
9. Disclaimer of warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that listings and user-submitted information are accurate. You use the Service at your own risk.
10. Limitation of liability
To the maximum extent permitted by law, Midnight Estates and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill arising out of or related to your use of the Service. Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Indemnity
You agree to indemnify and hold harmless Midnight Estates against any claims, damages, or expenses arising out of your use of the Service, your content, your breach of these Terms, or your violation of any law or third-party right.
12. Termination
You may close your account at any time via the Service or by contacting support. We may suspend or terminate your access for breach of these Terms, fraudulent activity, or where required by law. Sections that by their nature should survive termination (including ownership, indemnity, and limitation of liability) will do so.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall first be resolved through good-faith negotiation. Unresolved disputes shall be submitted to arbitration under the Kenyan Arbitration Act, seated in Nairobi, conducted in English.
14. Changes to these terms
We may update these Terms from time to time. We will notify you through the Service or by email for material changes, at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be sent to info@midnightestates.com.