Terms of Use

These Terms of Use (“Terms”) govern your use of kemchutahomesltd.com and its subdomains (the “Website”), the Kemchuta Homes mobile app (the “App”), the client portal, the realtor dashboard, and the services we offer through them (together, the “Platform”). The Platform is operated by Kemchuta Homes Limited (“Kemchuta Homes”, “we”, “us” or “our”), a company incorporated in Nigeria.

By using the Platform, creating an account, booking an inspection, subscribing to a plot, or investing through Buy2Sell, you agree to these Terms. If you do not agree, please do not use the Platform.

A specific transaction may also be governed by written documents you sign with us — for example a subscription form, contract of sale, allocation letter, deed of assignment, or Buy2Sell investment contract and deed of buyback (together, “Transaction Documents”). If a Transaction Document conflicts with these Terms, the Transaction Document prevails for that transaction.

Our Privacy Policy explains how we handle your personal data and forms part of these Terms.

You must be at least 18 years old and legally able to enter into binding contracts to create an account, subscribe to a plot, invest through Buy2Sell, or register as a realtor. If you act on behalf of a company or another person, you confirm that you are authorised to bind them to these Terms.

• You must give accurate, complete and current information and keep it up to date.
• Keep your password confidential. You are responsible for activity on your account; tell us immediately if you suspect unauthorised access.
• We may temporarily lock an account after repeated failed sign-in attempts, and we may suspend or close an account that breaches these Terms or is used fraudulently.
• You can delete your account at any time — see our account deletion page for how, and for the records we must keep after deletion. Deleting your account does not cancel an active subscription, instalment plan or Buy2Sell investment; those continue under their Transaction Documents.

We work hard to keep estate information on the Platform accurate, but it is provided for general information and does not by itself form an offer or contract:

• Prices, plot sizes, payment plans, promotions and availability can change at any time until your subscription is confirmed by us in writing.
• Photographs, videos, layouts, site plans and artist’s impressions are illustrative. Infrastructure and amenities shown for an estate may be planned or in progress rather than complete.
• Details of the title for each estate are provided in good faith. We encourage you to inspect the estate and to carry out your own due diligence, including with a lawyer or surveyor of your choice, before you commit.

You can book a site inspection through the Platform or by contacting us. Please book at least 24 hours in advance so we can coordinate. Inspection dates are subject to confirmation and may be rescheduled because of weather, safety or operational reasons. You attend inspections at your own risk; please follow the directions of our staff on site.

When you subscribe to a plot you enter a binding agreement with Kemchuta Homes on the following terms, together with any Transaction Documents for that plot:

• Payment. You must pay as agreed under your chosen payment plan. For outright purchase, full payment is due within 7 working days of subscription. For instalment plans, payments must be made according to the agreed schedule. Failure to pay on time may result in forfeiture of the plot without refund.
• Allocation and title. Physical allocation of a plot is subject to full payment and completion of all documentation. Title documents are processed and issued after full payment is confirmed. The type of title issued will be as agreed at subscription.
• Corner pieces. Corner-piece plots attract an additional 10% premium on the standard plot price.
• Transfers. You may not transfer a plot to a third party without our prior written consent. A transfer fee of 2% of the current market value applies to every approved transfer.
• Development.You must develop your plot within the estate’s development timeline. We may repurchase an undeveloped plot at the original subscription price once the development period has lapsed.
• Other charges. Survey, documentation, development and other fees for an estate are payable as stated in the Transaction Documents for that estate.

Make payments only into official Kemchuta Homes Limited bank accounts — those shown in your subscription details, your client portal, or written communication from us. Always use the payment reference we give you and keep your proof of payment.

Never pay money into the personal account of a realtor, staff member or any other individual. We are not responsible for payments made to any account other than our official company accounts. If you are unsure whether an account is genuine, contact us before paying.

A payment counts towards your plot or investment only once we have confirmed receipt. We will issue a receipt for every confirmed payment.

• If you cancel a subscription within 48 hours of subscribing, a 5% administrative fee is deducted from any refund.
• If you cancel more than 48 hours after subscribing, a 15% administrative fee is deducted from any refund.
• No refund is made for a plot that has already been allocated, unless the refund is due to our fault.
• Refund requests must be made in writing using the contact details below. Approved refunds are paid to the account from which the payment was made, within a reasonable time after approval.
• Buy2Sell investments are governed by their own investment contracts, including any terms on early exit — see Buy2Sell investments.

Under our Buy2Sell scheme, you buy a property interest from us and we agree to buy it back at a higher price at the end of an agreed term.

• Return rates, terms and minimum or maximum investment amounts shown on the Platform are for information and may change. The rate, principal, maturity date and payout that apply to you are fixed only in your signed Buy2Sell Transaction Documents.
• Your investment and payout are governed by those Transaction Documents, including the contract of investment and deed of buyback. An investment becomes active only once your payment is confirmed and the documents are issued.
• Information on the Platform is not financial, legal or tax advice. Consider getting independent advice before investing.

If you register as a Kemchuta Homes realtor:

• You act as an independent marketer, not as our employee, agent or partner. You may not make promises, sign documents, or accept money on our behalf.
• You must describe our estates, prices, titles and Buy2Sell terms accurately, using only the information we publish, and must direct every client payment to our official company accounts.
• Commissions, including any on sales made by realtors you recruit, are earned under the commission structure we publish from time to time. Commission is calculated only on payments we have confirmed and is paid to the bank account registered on your profile.
• Commission is not final until the clawback period in the commission structure has passed. If the underlying subscription is rejected, cancelled or refunded within that period, the related commission is reversed and, if already paid, may be recovered from future commissions.
• We may suspend or terminate a realtor account, and withhold commission connected with the misconduct, for misrepresentation, collecting client funds, fraud or other serious breach of these Terms.

The chat assistant on the Platform is an automated tool that provides general information. It can make mistakes. Its answers are not advice, and they do not create, change or form part of any agreement with us. Please confirm prices, availability and terms with our staff before relying on them. Do not share passwords, identity numbers or bank details in the chat.

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, only in line with these Terms and the rules of the app store you downloaded it from. You may not copy, modify, reverse engineer or redistribute the App, except where the law allows.

• The App may ask for permissions such as camera, photos, notifications and fingerprint or face unlock. Our Privacy Policy explains how each is used. You can refuse or withdraw a permission, but the feature that needs it may not work.
• If you turn on fingerprint or face unlock, anyone whose fingerprint or face is enrolled on your device may be able to open your account. Only turn it on for a device that you alone control.
• We may release updates, and some features may require the latest version. You are responsible for your device, its security, and any mobile data charges.
• Google, Apple and other app-store operators are not parties to these Terms and are not responsible for the App or its support; we are.

When using the Platform you must not:

• give false information or impersonate any person or business;
• use the Platform for fraud or any unlawful purpose;
• attempt to gain unauthorised access to the Platform, other accounts, or our systems, or interfere with their security or operation;
• scrape, copy or harvest content or personal data from the Platform by automated means without our written permission; or
• upload viruses or other harmful code.

The Platform and its content — including text, photographs, videos, estate layouts, logos and the Kemchuta Homes name — belong to us or our licensors. You may view and print pages for your own personal, non-commercial use. You may not reproduce, modify or distribute our content without our written permission, except that registered realtors may use marketing material we provide for the purpose of marketing our estates.

The Platform links to third-party services such as Google Maps, WhatsApp, YouTube and social media platforms. We do not control them and are not responsible for their content, availability or practices.

We aim to keep the Platform available and accurate, but we do not guarantee that it will be uninterrupted, error-free or free of viruses. We may change, suspend or withdraw any part of the Platform for maintenance or other reasons.

To the extent permitted by law:

• the Platform and its content are provided “as is” without warranties of any kind, other than those set out in your Transaction Documents;
• we are not liable for indirect or consequential loss, or for loss of profit, business or opportunity, arising from your use of the Platform; and
• we are not liable for loss caused by payments made to accounts other than our official company accounts, or by your reliance on information that our staff did not confirm in writing.

Nothing in these Terms limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot be limited under Nigerian law, and nothing in these Terms affects your rights under the Federal Competition and Consumer Protection Act 2018.

You agree to compensate us for any loss, claim or expense (including reasonable legal fees) that arises from your breach of these Terms, your misuse of the Platform, or false information you give us.

These Terms are governed by the laws of the Federal Republic of Nigeria. If a dispute arises, please contact us first so we can try to resolve it informally. Any dispute that is not resolved informally will first be referred to mediation. If mediation fails, the dispute will be referred to arbitration in Lagos, Nigeria, under the Arbitration and Mediation Act 2023. This does not prevent either party from seeking urgent interim relief from a court of competent jurisdiction.

We may update these Terms from time to time. The effective date at the top shows when they last changed. Changes do not affect Transaction Documents you have already signed. If you keep using the Platform after a change takes effect, you accept the updated Terms.

If any part of these Terms is found to be unenforceable, the rest remains in effect. If we do not enforce a right straight away, we have not waived it. You may not transfer your rights under these Terms without our written consent.

For questions about these Terms, or to request a refund, contact: