Last Updated: 1^st August 2026

Please read these Terms and Conditions (“Terms”) carefully before using PROBUILDERS KENYA (the “Platform,” “we,” “us,” or “our”), operated by HOMESCAPES MEDIA AFRICA LIMITED (“Company”).

These Terms apply to all visitors and Customers of the Platform. If you are a Service Provider (architect, lawyer, developer, valuer, artisan, manufacturer, or any other business/individual listed on the Platform), the separate Service Provider Terms and Conditions also apply to you and take precedence over this document for matters specific to your Listing and subscription.

These Terms should be read together with our: Privacy Notice on how we handle your personal data – Cookie Policy how we use cookies and tracking technologies Service Provider Terms and Conditions if you are a listed business or professional

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. DEFINITIONS

• “Platform” means the website, mobile applications, and related services that allow Users to discover, connect with, and review Service Providers, and to read Platform articles and content.
• “Service Provider” means any individual, professional, firm, or company listed on the Platform, governed additionally by the Service Provider Terms and Conditions.
• “Customer” means a User who uses the Platform to search for, contact, or review a Service Provider.
• “Content” means text, images, articles, ratings, reviews, or other material appearing on the Platform.
• “User” means any person who accesses or uses the Platform, including visitors, Customers, and Service Providers.
• “Listing” means a Service Provider’s profile, business page, or portfolio displayed on the Platform.
• “Subscription” means a paid plan under which a Service Provider maintains an active Listing, as further described in the Service Provider Terms and Conditions.
• “Personal Data” has the meaning given to it under the Data Protection Act, 2019.
• “Applicable Law” means the laws of the Republic of Kenya and any other law that applies to your use of the Platform by virtue of your location or the location of a transaction.
• “Intellectual Property Rights” means all patents, trademarks, service marks, trade names, copyrights, database rights, design rights, trade secrets, and any other intellectual or industrial property rights, whether registered or unregistered, anywhere in the world.
• “Company Content” means Content owned or created by the Company, including Platform design, branding, and software. “User Content” means Content submitted by Users, including Listings, reviews, and Article comments. “Content” as used elsewhere in these Terms refers to both, unless the context requires otherwise.

2. NATURE OF THE PLATFORM

• The Platform is an online directory and lead-generation marketplace connecting Customers with independent, third-party Service Providers. We are not a construction company, law firm, real estate agency, valuation firm, manufacturer, or employer/agent of any Service Provider.
• Any agreement to provide services or supply goods including scope, price, timelines, and quality is made directly between the Customer and the Service Provider. The Company is not a party to, and has no liability arising from such agreements. See Section 8 (Disclaimers) below.
• The Company does not supervise, inspect, certify, monitor, or control the services performed, or goods supplied, by any Service Provider, whether on-site or otherwise.
• We do not guarantee that any enquiry submitted through the Platform will result in a quotation, an engagement, or a completed project.
• Unless expressly stated otherwise for a specific feature, the Company is not an escrow agent, payment holder, or payment intermediary. Any payment you make to a Service Provider is made directly to them, at your own risk, and is not processed, held, or guaranteed by the Company.

3. ELIGIBILITY AND ACCOUNTS

• You must be at least 18 years old and capable of forming a binding contract under Kenyan law to use the Platform.
• Certain features (leaving reviews, saving favourites, subscribing to articles) require registration. You agree to provide accurate, current information, keep it updated, and keep your login credentials confidential. You are responsible for all activity under your account.
• We reserve the right to suspend or terminate any account that provides false information, is used fraudulently, or otherwise violates these Terms.
• You may not create or maintain more than one account, share your account with another person, or create an account using a false identity or on behalf of a person or entity without authorization.
• You must notify us immediately at hello[at]probuilderskenya.com if you become aware of any unauthorized access to, or use of, your account or credentials.

4. FINDING AND CONTACTING SERVICE PROVIDERS

• The Platform allows you to browse Listings and submit enquiries. When you submit an enquiry, your details are shared with the relevant Service Provider(s) as described in our Privacy Notice.
• We do not vouch for, guarantee, or warrant the outcome of any engagement with a Service Provider. See Section 8 below.

5. RATINGS AND REVIEWS

• Customers who have genuinely engaged a Service Provider through the Platform may submit ratings and written reviews.
• Reviews must be honest, based on genuine personal experience, and submitted in good faith. You may not: – post a review for a transaction you were not personally party to; – post fake, incentivized, or defamatory reviews; – post reviews containing hate speech, threats, third-party personal data, or unlawful/obscene content.
• Reviews reflect the personal opinions of the reviewing Customer and do not represent the views, findings, or endorsement of the Company. We do not independently verify the factual accuracy of every review.
• We reserve the right, but do not undertake an obligation, to moderate, edit for formatting, or remove reviews that violate these Terms or applicable law.
• By submitting a review, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to display, reproduce, and distribute that content on the Platform and in its marketing materials.
• Feedback: If you send us feedback, ideas, or suggestions about the Platform (outside of a formal review), you agree that we may use, disclose, and act on that feedback for any purpose, without restriction or compensation to you.
• We may verify a review before or after publication, including by requesting reasonable evidence that a genuine engagement with the relevant Service Provider took place, and may temporarily suspend a review from public view while we do so.
• A review is not removed, and will not be treated as in breach of these Terms, merely because a Service Provider disputes its content or rating — see also the Review Guidelines.

6. ARTICLES AND EDITORIAL CONTENT

• The Platform publishes articles, guides, and other editorial content (“Articles”) relating to home construction, property, and related topics, for general informational purposes only.
• Articles do not constitute legal, financial, structural/engineering, architectural, valuation, or other professional advice, and should not be relied upon as a substitute for advice from a qualified, licensed professional appropriate to your specific circumstances.
• Articles may be written by our editorial team, contributed by guest authors, or contributed by Service Providers. Where an Article is authored or sponsored by a Service Provider, this will be disclosed. Views expressed in guest or sponsored Articles are those of the author and not necessarily those of the Company.
• We take reasonable care to ensure Articles are accurate at the time of publication but do not warrant that they are complete, current, or free of error, and we are not liable for actions taken in reliance on them.
• Unless otherwise stated, all Articles are the intellectual property of the Company or the credited author and may not be reproduced, republished, or distributed without prior written permission. You may share links to Articles and brief excerpts with attribution.
• You may submit comments on Articles, which must comply with the conduct standards in Section 7. We may moderate or remove comments at our discretion.
• Where an Article has been generated or substantially assisted by an artificial intelligence tool, we will disclose this. AI-assisted Articles are subject to the same disclaimer above and should not be relied upon as a substitute for professional advice.
• Articles reflect information available at the time of publication and may become outdated, including due to changes in law, regulation, or market conditions. We are under no obligation to update previously published Articles.

7. USER CONDUCT

• You agree not to:
  • impersonate any person or misrepresent your affiliation with any person or entity;
  • use the Platform to transmit spam, malware, or unsolicited commercial communications;
  • scrape, harvest, or extract data from the Platform using automated means without our written consent;
  • use contact details obtained through the Platform for purposes unrelated to a genuine service enquiry;
  • upload content that infringes any third party’s rights or is unlawful, defamatory, or discriminatory.
  • use bots, scripts, or other automated means to interact with the Platform other than through a documented and authorized API;
  • submit fake, duplicate, or bad-faith enquiries to a Service Provider;
  • reverse engineer, decompile, or disassemble any part of the Platform, except to the extent this restriction is prohibited by law;
  • conduct security testing, penetration testing, or vulnerability scanning of the Platform without our prior written consent;
  • attempt to circumvent Service Provider Subscription Fees by using the Platform to identify a Service Provider’s off-platform contact details for the purpose of avoiding a lead- or subscription-based fee structure, where one applies.
• Consequences of Breach
  • Without prejudice to any other right or remedy available to us under these Terms or applicable law, if we reasonably believe you have breached Section 7.1, we may take any one or more of the following actions, at our sole discretion and without prior notice:
    • remove or disable access to the relevant Content;
    • issue a warning to you;
    • suspend or permanently terminate your account and access to the Platform;
    • where you are a Service Provider, suspend or remove your Listing without refund of any Subscription Fees paid, subject to Section 3.4 of the Service Provider Terms and Conditions;
    • report the conduct to the local law enforcement, regulatory, or professional bodies, where we reasonably believe the conduct may be unlawful or in breach of a professional code of conduct; and/or
    • pursue legal action against you to recover any loss suffered by us, other Users, or third parties as a result of the breach

8. DISCLAIMERS

• THE PLATFORM, ALL LISTINGS, AND ALL ARTICLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by Kenyan law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant or guarantee: – the accuracy, completeness, or currency of any Listing, credential claim, review, or Article; – the quality, safety, legality, timeliness, or workmanship of any service performed, or goods supplied, by a Service Provider; – that any Service Provider is licensed, insured, or in good standing at all times; – that the Platform will be uninterrupted, secure, or error-free.
• Any decision to engage a Service Provider found through the Platform is made entirely at the Customer’s own discretion and risk. We strongly encourage Customers to independently verify a Service Provider’s licenses, references, insurance, and past work before entering into any agreement or making any payment.
• We are not responsible for any dispute, loss, damage, defect in workmanship, delay, professional negligence, breach of contract, or personal injury arising from the relationship between a Customer and a Service Provider.
• Not Legal, Financial, or Professional Advice: Nothing on the Platform — including Listings, professional credentials displayed, Articles, search results, category rankings, or any response from our customer support — constitutes legal, financial, investment, valuation, structural/engineering, or other professional advice. Where you require such advice, you should engage a qualified, licensed professional directly and rely on their formal advice, not on anything appearing on the Platform.
• Health and Safety: Construction, renovation, and property-repair work carries inherent physical risks. The Company does not supervise, inspect, or control any job site, and is not responsible for the health, safety, or security of any person present during work carried out by a Service Provider. You are responsible for satisfying yourself as to a Service Provider’s safety practices, insurance, and compliance with applicable health and safety law before engaging them.
• Pricing and Cost Information: Any pricing information, cost ranges, project estimates, or budgeting tools made available on the Platform are provided for general guidance only, may not reflect current market rates, and are not a quotation from any Service Provider. Actual costs must be confirmed directly with the Service Provider before you proceed.
• No Guarantee of Availability: We do not guarantee that any Service Provider shown as available, or any specific Listing, will remain active, responsive, or able to take on your project at the time you make contact.
• User-Generated Content: Listings, reviews, ratings, credentials, and portfolio content are submitted by Service Providers and other Users, not verified word-for-word by the Company, and may be incomplete, outdated, or inaccurate despite any vetting described in the Service Provider Terms and Conditions.
• Licensing, Insurance, and Competence: We do not warrant or guarantee any Service Provider’s licensing status, insurance coverage, professional competence, financial solvency, academic or professional qualifications, or standing with any regulatory or professional body, whether at the time of Listing or at any later date.
• Statutory and Regulatory Compliance: We are not responsible for a Service Provider’s compliance, or non-compliance, with any statutory or regulatory requirement, including but not limited to approvals from the National Construction Authority (NCA), the National Environment Management Authority (NEMA), county government planning and building approvals, the Engineers Board of Kenya (EBK), the Board of Registration of Architects and Quantity Surveyors (BORAQS), the Law Society of Kenya (LSK), or any equivalent body.
• Workmanship and Project Risk: We are not responsible for structural defects, latent defects, defective workmanship, project delays, cost overruns, or any other outcome of work performed, or goods supplied, by a Service Provider. These risks rest entirely between you and the Service Provider under your own agreement with them.
• Fraud Prevention and Verification: The Company does not guarantee the identity, licensing status, or legitimacy of any Service Provider, and reminds Customers to independently verify a Service Provider’s license, registration, and references before making any payment or providing sensitive personal or financial information.
• Payment Warning: We strongly advise against making any payment to a Service Provider before work has commenced or without a written agreement setting out the scope, price, and payment schedule. The Company is never a party to such payments and cannot recover funds paid directly to a Service Provider.
• Reporting Fraud: If you believe you have been the target of fraud, a scam, or impersonation in connection with the Platform, report it immediately to hello[at]probuilderskenya.com and to the relevant Kenyan law enforcement authority.

9. LIMITATION OF LIABILITY

• To the fullest extent permitted by law, the Company, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, anticipated savings, business opportunity, or business interruption, arising from your use of the Platform or any interaction with a Service Provider, regardless of the legal theory on which the claim is based (including contract, tort/negligence, statute, or otherwise).
• Where liability cannot be excluded under Kenyan law, the Company’s total aggregate liability to any Customer for any claim arising out of or relating to the Platform shall not exceed the greater of (a) KES 10,000, or (b) the total fees, if any, paid by that Customer to the Company in the twelve (12) months preceding the claim.
• Nothing in these Terms limits liability for death or personal injury caused by the Company’s own negligence, fraud, or any liability that cannot lawfully be excluded.
• For the avoidance of doubt, the liability cap in the preceding paragraphs applies in the aggregate across all claims arising from a single Customer’s use of the Platform over the relevant 12-month period, and is not a per-claim or per-incident cap.

10.   INDEMNIFICATION

• Indemnity: You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, fines, penalties, and expenses (including reasonable legal fees) arising out of or in connection with:
  • your breach of these Terms, including the Acceptable Use provisions in Section 7;
  • your Content, including any allegation that it infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party;
  • your use of, or engagement with, a Service Provider or another User;
  • your violation of any applicable law or regulation; or
  • your negligence, fraud, or willful misconduct.
• We will notify you promptly of any claim subject to indemnification under this Section, provided that a delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.
• Control of Defense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. Where we do not assume control, you must conduct the defense diligently and in good faith, using counsel reasonably acceptable to us.
• No Settlement Without Consent. You may not settle, compromise, or consent to the entry of any judgment in any claim subject to this Section without our prior written consent, where the settlement would impose any obligation, admission of fault, or liability on the Indemnified Parties.
• This Section 10 survives termination of your account or these Terms, and applies regardless of whether the underlying claim is brought by another User, a Service Provider, or an unrelated third party.

11. INTELLECTUAL PROPERTY

• All Platform design, branding, software, and compiled Content (excluding User-submitted Content and separately-owned Article authorship per Section 6.5) are the property of the Company or its licensors and are protected by Kenyan and international intellectual property laws.
• Listings displayed on the Platform may include business names, logos, trademarks, certifications, and brand assets belonging to Service Providers and other third parties (“Third-Party Marks”). Third-Party Marks are used on the Platform under license from, and remain the property of, their respective owners. Display of a Third-Party Mark on the Platform is not an endorsement, certification, or verification by the Company of the Service Provider, their credentials, or their affiliation with any brand or manufacturer referenced in their Listing see Section 8 (Disclaimers).
• The appearance of multiple Service Providers, brands, or Third-Party Marks on the same Platform, page, or category does not imply any relationship, partnership, endorsement, or affiliation between them, or between them and the Company, beyond their independent participation in the Platform.
• If you believe that a Listing, logo, image, or other content on the Platform infringes your intellectual property rights, please contact us at hello[at]probuilderskenya.com with: (a) a description of the right you claim is infringed; (b) the specific Listing or content in question (e.g., a URL); (c) your contact details; and (d) a statement that you have a good-faith belief the use is unauthorized. We will review credible claims and may remove or disable the relevant content pending investigation, in accordance with our internal takedown process
• Takedown Procedure: On receipt of a credible notice under the preceding paragraph, we will assess the claim and may remove or disable the relevant content pending investigation. We will make reasonable efforts to notify the User who posted the content and give them an opportunity to respond, except where doing so would be inappropriate (e.g., suspected fraud).
• Repeat Infringers: We may suspend or terminate the account of any User who is the subject of repeated, credible intellectual property complaints, in accordance with Section 14.

12. THIRD-PARTY LINKS

• Listings and Articles may include links to third-party websites or social media pages. These are outside our control, and we are not responsible for their content, data protection and privacy practices, or availability.

13.    PRIVACY AND COOKIES

• Our collection and use of personal data, and our use of cookies, are described in our Privacy Notice and Cookie Policy, both incorporated into these Terms by reference.
• Your Data Protection Obligations. If you submit personal data belonging to another person through the Platform (for example, a spouse, business partner, or family member on an enquiry form), you warrant that you have their consent to do so and that you have informed them their data will be shared with the relevant Service Provider(s) in accordance with our Privacy Notice.
• You agree to provide accurate and current personal data when creating an account or submitting an enquiry, and to promptly update it if it changes.
• Our Security Commitment. We implement reasonable technical and organizational measures to protect personal data processed through the Platform, as further described in our Privacy Notice. No system is completely secure, and we do not guarantee that unauthorized access, loss, or disclosure will never occur.
• Breach Notification. In the event of a personal data breach that is likely to result in a risk to your rights or freedoms, we will notify the Office of the Data Protection Commissioner (ODPC) and affected Users without undue delay, in accordance with our obligations under the Data Protection Act, 2019.
• Onward Sharing. When you submit an enquiry to a Service Provider, that Service Provider becomes an independent Data Controller of the personal data you share with them and is responsible for their own compliance with the Data Protection Act, 2019 in respect of that data, as further described in Section __of the Service Provider Terms and Conditions. We are not responsible for a Service Provider’s handling of your data once they have received it directly from you.

14. TERMINATION

• Termination by You. You may stop using the Platform, or close your account, at any time via your account settings or by written notice to us. Closing your account does not retroactively affect any obligation you incurred, or right you granted us, before closure (see Section 17.5, Survival).
• Suspension vs. Termination. We may suspend your access temporarily for example, while we investigate a suspected breach or verify information, or terminate your account permanently. We will use suspension where reasonably appropriate to the circumstances, but nothing in these Terms obliges us to suspend before terminating, particularly for serious or repeated breaches.
• Termination or Suspension by Us. We may suspend or terminate your access to the Platform, with or without notice, where:
  • you breach these Terms, including Section 7 (User Conduct), and, for breaches capable of remedy, you fail to remedy the breach within [7] days of us notifying you;
  • you breach these Terms in a way we reasonably consider serious, repeated, fraudulent, or harmful to other Users, the Company, or the Platform’s integrity, in which case we may act immediately without a cure period;
  • required to do so by law, regulation, or a competent authority;
  • your account has been inactive for an extended period, following reasonable notice to you; or
  • we discontinue the Platform, or the specific feature or service, in whole or in part.
  • we reasonably suspect fraud, payment scam activity, or an attempt to circumvent the Platform’s fee structure or vetting process, in which case we may suspend your account immediately without a cure period, preserve relevant account data and communications as evidence, and cooperate with law enforcement or regulatory authorities investigating the matter.
• Effect of Termination. On termination of your account:
  • your right to access and use the Platform ends immediately;
  • any pending enquiry you have not yet completed with a Service Provider is unaffected as between you and that Service Provider — we have no obligation to notify the Service Provider of your account closure, and any ongoing engagement remains a matter between you and them;
  • any reviews you have already submitted remain published in accordance with Section 5, unless independently removed under our moderation process; and
  • Sections 5, 6, 8, 9, 10, 11, 13, 14.6 (Content), and 16, and this Section 14, survive as set out in Section 17.5.
• No Liability for Termination: To the fullest extent permitted by law, we are not liable to you or any third party for any suspension or termination of your access to the Platform carried out in accordance with this Section 14.
• Content on Termination: On termination or deletion of your account or Content, we will make reasonable efforts to remove your Content and de-identify associated personal data, except where we are permitted or required by law to retain it. You acknowledge that: (a) deleted Content may persist for a reasonable period in backups or caches; and (b) copies of, or references to, Content already displayed or licensed under Section 5.5 or 6.5 may not be fully removable.
• Reinstatement: Reinstatement of a suspended or terminated account is at our sole discretion. We are under no obligation to explain the basis for a termination decision beyond what is reasonably necessary to allow you to respond, where a cure period applies under Section 14.3(a).

15. AMENDMENTS

• We may update these Terms from time to time. Material changes will be notified via the Platform or by email at least 14 days before they take effect. Continued use after changes take effect constitutes acceptance.

16. GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms are governed by the laws of the Republic of Kenya.
• Before starting any formal proceeding, you agree to send us a written notice describing the dispute to_____________, including: (a) your full name and contact details; (b) details sufficient to identify the relevant Listing, enquiry, or transaction; and (c) a description of the issue and the outcome you are seeking. We will do the same if we have a dispute with you. Both parties agree to negotiate in good faith for at least 30 days from receipt of the notice before escalating the matter.
• Any dispute not resolved under Section 16.2 shall be referred to mediation. If mediation does not resolve the dispute within 30 days of it commencing, either party may refer the dispute to arbitration.
• Arbitration shall be conducted in Nairobi, Kenya, in the English language, before a single arbitrator appointed in accordance with the Arbitration Act, 1995 (Kenya). The arbitration, and any settlement reached, shall be kept confidential by both parties, except where disclosure is required by law or to enforce the resulting award.

17. GENERAL

• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Entire Agreement: These Terms, the Privacy Notice, and the Cookie Policy constitute the entire agreement between you and the Company regarding your use of the Platform as a Customer/visitor.
• No Waiver: Failure to enforce any provision is not a waiver of our right to do so later.
• Contact: hello[at]probuilderskenya.com
• Survival: The following provisions survive termination of your account or these Terms: Section 7.2 (Consequences of Breach); Section 8 (Disclaimers); Section 9 (Limitation of Liability); Section 10 (Indemnification); Section 11 (Intellectual Property, including Sections 11.2–11.4 on Third-Party Marks); Section 13 (Privacy and Cookies, including the Data Protection Obligations in Sections 13.2–13.6); Section 14.4(b) (Termination — Effect on Ongoing Enquiries), Section 14.5 (No Liability for Termination), and Section 14.6 (Content on Termination); Section 16 (Governing Law and Dispute Resolution); and this Section 17. Sections 5 (Ratings and Reviews) and 6 (Articles and Editorial Content) also survive to the extent necessary to give effect to any license already granted to us under those Sections before termination.
• Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you, the Company, and any Service Provider. The Company acts solely as an intermediary connecting Customers and Service Providers, as described in Section 2.
• Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms where the delay or failure results from circumstances beyond our reasonable control, including natural disaster, government action, internet or telecommunications failure, power outage, labor dispute, or public health emergency.
• Notices: Any notice we are required to give you under these Terms may be given by posting on the Platform, by email to the address associated with your account, or by other reasonable means. Notices to us should be sent to hello[at]probuilderskenya.com
• Electronic Communications: By using the Platform, you consent to receive communications from us electronically, and you agree that any notice, agreement, disclosure, or other communication we send electronically satisfies any legal requirement that such communication be in writing.
• Language: These Terms are drawn up in English. Where we provide a translation for convenience, the English version prevails in the event of any inconsistency.
• Headings: Headings are for convenience only and do not affect the interpretation of these Terms.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, restructuring, or sale of assets.
• No Third-Party Rights: Except as expressly stated, these Terms do not confer any right or benefit on any person who is not a party to them.
• Electronic Signatures and Acceptance: Your acceptance of these Terms by clicking “I agree,” creating an account, or continuing to use the Platform constitutes a valid electronic signature and binding acceptance, to the same extent as a handwritten signature, to the extent permitted under applicable Kenyan law governing electronic transactions.
• Sanctions and Export Compliance: You represent that you are not subject to, and are not owned or controlled by any person subject to, any applicable trade sanctions, embargo, or restricted-party list, and that your use of the Platform will not violate any applicable export control or sanctions law.
• Platform Changes and Search Ranking: We may modify, suspend, or discontinue any feature or functionality of the Platform at any time. Search results, category rankings, and Listing visibility are determined by factors we may change from time to time, including relevance, profile completeness, subscription tier, and review performance; we do not guarantee a particular ranking or level of visibility to any User.

1. DEFINITIONS

• “Platform” means the website, mobile applications, and related services that allow Users to discover, connect with, and review Service Providers, and to read Platform articles and content.
• “Service Provider” means any individual, professional, firm, or company listed on the Platform, governed additionally by the Service Provider Terms and Conditions.
• “Customer” means a User who uses the Platform to search for, contact, or review a Service Provider.
• “Content” means text, images, articles, ratings, reviews, or other material appearing on the Platform.
• “User” means any person who accesses or uses the Platform, including visitors, Customers, and Service Providers.
• “Listing” means a Service Provider’s profile, business page, or portfolio displayed on the Platform.
• “Subscription” means a paid plan under which a Service Provider maintains an active Listing, as further described in the Service Provider Terms and Conditions.
• “Personal Data” has the meaning given to it under the Data Protection Act, 2019.
• “Applicable Law” means the laws of the Republic of Kenya and any other law that applies to your use of the Platform by virtue of your location or the location of a transaction.
• “Intellectual Property Rights” means all patents, trademarks, service marks, trade names, copyrights, database rights, design rights, trade secrets, and any other intellectual or industrial property rights, whether registered or unregistered, anywhere in the world.
• “Company Content” means Content owned or created by the Company, including Platform design, branding, and software. “User Content” means Content submitted by Users, including Listings, reviews, and Article comments. “Content” as used elsewhere in these Terms refers to both, unless the context requires otherwise.

2. NATURE OF THE PLATFORM

• The Platform is an online directory and lead-generation marketplace connecting Customers with independent, third-party Service Providers. We are not a construction company, law firm, real estate agency, valuation firm, manufacturer, or employer/agent of any Service Provider.
• Any agreement to provide services or supply goods including scope, price, timelines, and quality is made directly between the Customer and the Service Provider. The Company is not a party to, and has no liability arising from such agreements. See Section 8 (Disclaimers) below.
• The Company does not supervise, inspect, certify, monitor, or control the services performed, or goods supplied, by any Service Provider, whether on-site or otherwise.
• We do not guarantee that any enquiry submitted through the Platform will result in a quotation, an engagement, or a completed project.
• Unless expressly stated otherwise for a specific feature, the Company is not an escrow agent, payment holder, or payment intermediary. Any payment you make to a Service Provider is made directly to them, at your own risk, and is not processed, held, or guaranteed by the Company.

3. ELIGIBILITY AND ACCOUNTS

• You must be at least 18 years old and capable of forming a binding contract under Kenyan law to use the Platform.
• Certain features (leaving reviews, saving favourites, subscribing to articles) require registration. You agree to provide accurate, current information, keep it updated, and keep your login credentials confidential. You are responsible for all activity under your account.
• We reserve the right to suspend or terminate any account that provides false information, is used fraudulently, or otherwise violates these Terms.
• You may not create or maintain more than one account, share your account with another person, or create an account using a false identity or on behalf of a person or entity without authorization.
• You must notify us immediately at hello[at]probuilderskenya.com if you become aware of any unauthorized access to, or use of, your account or credentials.

4. FINDING AND CONTACTING SERVICE PROVIDERS

• The Platform allows you to browse Listings and submit enquiries. When you submit an enquiry, your details are shared with the relevant Service Provider(s) as described in our Privacy Notice.
• We do not vouch for, guarantee, or warrant the outcome of any engagement with a Service Provider. See Section 8 below.

5. RATINGS AND REVIEWS

• Customers who have genuinely engaged a Service Provider through the Platform may submit ratings and written reviews.
• Reviews must be honest, based on genuine personal experience, and submitted in good faith. You may not: – post a review for a transaction you were not personally party to; – post fake, incentivized, or defamatory reviews; – post reviews containing hate speech, threats, third-party personal data, or unlawful/obscene content.
• Reviews reflect the personal opinions of the reviewing Customer and do not represent the views, findings, or endorsement of the Company. We do not independently verify the factual accuracy of every review.
• We reserve the right, but do not undertake an obligation, to moderate, edit for formatting, or remove reviews that violate these Terms or applicable law.
• By submitting a review, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to display, reproduce, and distribute that content on the Platform and in its marketing materials.
• Feedback: If you send us feedback, ideas, or suggestions about the Platform (outside of a formal review), you agree that we may use, disclose, and act on that feedback for any purpose, without restriction or compensation to you.
• We may verify a review before or after publication, including by requesting reasonable evidence that a genuine engagement with the relevant Service Provider took place, and may temporarily suspend a review from public view while we do so.
• A review is not removed, and will not be treated as in breach of these Terms, merely because a Service Provider disputes its content or rating — see also the Review Guidelines.

6. ARTICLES AND EDITORIAL CONTENT

• The Platform publishes articles, guides, and other editorial content (“Articles”) relating to home construction, property, and related topics, for general informational purposes only.
• Articles do not constitute legal, financial, structural/engineering, architectural, valuation, or other professional advice, and should not be relied upon as a substitute for advice from a qualified, licensed professional appropriate to your specific circumstances.
• Articles may be written by our editorial team, contributed by guest authors, or contributed by Service Providers. Where an Article is authored or sponsored by a Service Provider, this will be disclosed. Views expressed in guest or sponsored Articles are those of the author and not necessarily those of the Company.
• We take reasonable care to ensure Articles are accurate at the time of publication but do not warrant that they are complete, current, or free of error, and we are not liable for actions taken in reliance on them.
• Unless otherwise stated, all Articles are the intellectual property of the Company or the credited author and may not be reproduced, republished, or distributed without prior written permission. You may share links to Articles and brief excerpts with attribution.
• You may submit comments on Articles, which must comply with the conduct standards in Section 7. We may moderate or remove comments at our discretion.
• Where an Article has been generated or substantially assisted by an artificial intelligence tool, we will disclose this. AI-assisted Articles are subject to the same disclaimer above and should not be relied upon as a substitute for professional advice.
• Articles reflect information available at the time of publication and may become outdated, including due to changes in law, regulation, or market conditions. We are under no obligation to update previously published Articles.

7. USER CONDUCT

• You agree not to:
  • impersonate any person or misrepresent your affiliation with any person or entity;
  • use the Platform to transmit spam, malware, or unsolicited commercial communications;
  • scrape, harvest, or extract data from the Platform using automated means without our written consent;
  • use contact details obtained through the Platform for purposes unrelated to a genuine service enquiry;
  • upload content that infringes any third party’s rights or is unlawful, defamatory, or discriminatory.
  • use bots, scripts, or other automated means to interact with the Platform other than through a documented and authorized API;
  • submit fake, duplicate, or bad-faith enquiries to a Service Provider;
  • reverse engineer, decompile, or disassemble any part of the Platform, except to the extent this restriction is prohibited by law;
  • conduct security testing, penetration testing, or vulnerability scanning of the Platform without our prior written consent;
  • attempt to circumvent Service Provider Subscription Fees by using the Platform to identify a Service Provider’s off-platform contact details for the purpose of avoiding a lead- or subscription-based fee structure, where one applies.
• Consequences of Breach
  • Without prejudice to any other right or remedy available to us under these Terms or applicable law, if we reasonably believe you have breached Section 7.1, we may take any one or more of the following actions, at our sole discretion and without prior notice:
    • remove or disable access to the relevant Content;
    • issue a warning to you;
    • suspend or permanently terminate your account and access to the Platform;
    • where you are a Service Provider, suspend or remove your Listing without refund of any Subscription Fees paid, subject to Section 3.4 of the Service Provider Terms and Conditions;
    • report the conduct to the local law enforcement, regulatory, or professional bodies, where we reasonably believe the conduct may be unlawful or in breach of a professional code of conduct; and/or
    • pursue legal action against you to recover any loss suffered by us, other Users, or third parties as a result of the breach

8. DISCLAIMERS

• THE PLATFORM, ALL LISTINGS, AND ALL ARTICLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by Kenyan law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant or guarantee: – the accuracy, completeness, or currency of any Listing, credential claim, review, or Article; – the quality, safety, legality, timeliness, or workmanship of any service performed, or goods supplied, by a Service Provider; – that any Service Provider is licensed, insured, or in good standing at all times; – that the Platform will be uninterrupted, secure, or error-free.
• Any decision to engage a Service Provider found through the Platform is made entirely at the Customer’s own discretion and risk. We strongly encourage Customers to independently verify a Service Provider’s licenses, references, insurance, and past work before entering into any agreement or making any payment.
• We are not responsible for any dispute, loss, damage, defect in workmanship, delay, professional negligence, breach of contract, or personal injury arising from the relationship between a Customer and a Service Provider.
• Not Legal, Financial, or Professional Advice: Nothing on the Platform — including Listings, professional credentials displayed, Articles, search results, category rankings, or any response from our customer support — constitutes legal, financial, investment, valuation, structural/engineering, or other professional advice. Where you require such advice, you should engage a qualified, licensed professional directly and rely on their formal advice, not on anything appearing on the Platform.
• Health and Safety: Construction, renovation, and property-repair work carries inherent physical risks. The Company does not supervise, inspect, or control any job site, and is not responsible for the health, safety, or security of any person present during work carried out by a Service Provider. You are responsible for satisfying yourself as to a Service Provider’s safety practices, insurance, and compliance with applicable health and safety law before engaging them.
• Pricing and Cost Information: Any pricing information, cost ranges, project estimates, or budgeting tools made available on the Platform are provided for general guidance only, may not reflect current market rates, and are not a quotation from any Service Provider. Actual costs must be confirmed directly with the Service Provider before you proceed.
• No Guarantee of Availability: We do not guarantee that any Service Provider shown as available, or any specific Listing, will remain active, responsive, or able to take on your project at the time you make contact.
• User-Generated Content: Listings, reviews, ratings, credentials, and portfolio content are submitted by Service Providers and other Users, not verified word-for-word by the Company, and may be incomplete, outdated, or inaccurate despite any vetting described in the Service Provider Terms and Conditions.
• Licensing, Insurance, and Competence: We do not warrant or guarantee any Service Provider’s licensing status, insurance coverage, professional competence, financial solvency, academic or professional qualifications, or standing with any regulatory or professional body, whether at the time of Listing or at any later date.
• Statutory and Regulatory Compliance: We are not responsible for a Service Provider’s compliance, or non-compliance, with any statutory or regulatory requirement, including but not limited to approvals from the National Construction Authority (NCA), the National Environment Management Authority (NEMA), county government planning and building approvals, the Engineers Board of Kenya (EBK), the Board of Registration of Architects and Quantity Surveyors (BORAQS), the Law Society of Kenya (LSK), or any equivalent body.
• Workmanship and Project Risk: We are not responsible for structural defects, latent defects, defective workmanship, project delays, cost overruns, or any other outcome of work performed, or goods supplied, by a Service Provider. These risks rest entirely between you and the Service Provider under your own agreement with them.
• Fraud Prevention and Verification: The Company does not guarantee the identity, licensing status, or legitimacy of any Service Provider, and reminds Customers to independently verify a Service Provider’s license, registration, and references before making any payment or providing sensitive personal or financial information.
• Payment Warning: We strongly advise against making any payment to a Service Provider before work has commenced or without a written agreement setting out the scope, price, and payment schedule. The Company is never a party to such payments and cannot recover funds paid directly to a Service Provider.
• Reporting Fraud: If you believe you have been the target of fraud, a scam, or impersonation in connection with the Platform, report it immediately to hello[at]probuilderskenya.com and to the relevant Kenyan law enforcement authority.

9. LIMITATION OF LIABILITY

• To the fullest extent permitted by law, the Company, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, anticipated savings, business opportunity, or business interruption, arising from your use of the Platform or any interaction with a Service Provider, regardless of the legal theory on which the claim is based (including contract, tort/negligence, statute, or otherwise).
• Where liability cannot be excluded under Kenyan law, the Company’s total aggregate liability to any Customer for any claim arising out of or relating to the Platform shall not exceed the greater of (a) KES 10,000, or (b) the total fees, if any, paid by that Customer to the Company in the twelve (12) months preceding the claim.
• Nothing in these Terms limits liability for death or personal injury caused by the Company’s own negligence, fraud, or any liability that cannot lawfully be excluded.
• For the avoidance of doubt, the liability cap in the preceding paragraphs applies in the aggregate across all claims arising from a single Customer’s use of the Platform over the relevant 12-month period, and is not a per-claim or per-incident cap.

10.   INDEMNIFICATION

• Indemnity: You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents (the “Indemnified Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, fines, penalties, and expenses (including reasonable legal fees) arising out of or in connection with:
  • your breach of these Terms, including the Acceptable Use provisions in Section 7;
  • your Content, including any allegation that it infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any third party;
  • your use of, or engagement with, a Service Provider or another User;
  • your violation of any applicable law or regulation; or
  • your negligence, fraud, or willful misconduct.
• We will notify you promptly of any claim subject to indemnification under this Section, provided that a delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.
• Control of Defense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. Where we do not assume control, you must conduct the defense diligently and in good faith, using counsel reasonably acceptable to us.
• No Settlement Without Consent. You may not settle, compromise, or consent to the entry of any judgment in any claim subject to this Section without our prior written consent, where the settlement would impose any obligation, admission of fault, or liability on the Indemnified Parties.
• This Section 10 survives termination of your account or these Terms, and applies regardless of whether the underlying claim is brought by another User, a Service Provider, or an unrelated third party.

11. INTELLECTUAL PROPERTY

• All Platform design, branding, software, and compiled Content (excluding User-submitted Content and separately-owned Article authorship per Section 6.5) are the property of the Company or its licensors and are protected by Kenyan and international intellectual property laws.
• Listings displayed on the Platform may include business names, logos, trademarks, certifications, and brand assets belonging to Service Providers and other third parties (“Third-Party Marks”). Third-Party Marks are used on the Platform under license from, and remain the property of, their respective owners. Display of a Third-Party Mark on the Platform is not an endorsement, certification, or verification by the Company of the Service Provider, their credentials, or their affiliation with any brand or manufacturer referenced in their Listing see Section 8 (Disclaimers).
• The appearance of multiple Service Providers, brands, or Third-Party Marks on the same Platform, page, or category does not imply any relationship, partnership, endorsement, or affiliation between them, or between them and the Company, beyond their independent participation in the Platform.
• If you believe that a Listing, logo, image, or other content on the Platform infringes your intellectual property rights, please contact us at hello[at]probuilderskenya.com with: (a) a description of the right you claim is infringed; (b) the specific Listing or content in question (e.g., a URL); (c) your contact details; and (d) a statement that you have a good-faith belief the use is unauthorized. We will review credible claims and may remove or disable the relevant content pending investigation, in accordance with our internal takedown process
• Takedown Procedure: On receipt of a credible notice under the preceding paragraph, we will assess the claim and may remove or disable the relevant content pending investigation. We will make reasonable efforts to notify the User who posted the content and give them an opportunity to respond, except where doing so would be inappropriate (e.g., suspected fraud).
• Repeat Infringers: We may suspend or terminate the account of any User who is the subject of repeated, credible intellectual property complaints, in accordance with Section 14.

12. THIRD-PARTY LINKS

• Listings and Articles may include links to third-party websites or social media pages. These are outside our control, and we are not responsible for their content, data protection and privacy practices, or availability.

13.    PRIVACY AND COOKIES

• Our collection and use of personal data, and our use of cookies, are described in our Privacy Notice and Cookie Policy, both incorporated into these Terms by reference.
• Your Data Protection Obligations. If you submit personal data belonging to another person through the Platform (for example, a spouse, business partner, or family member on an enquiry form), you warrant that you have their consent to do so and that you have informed them their data will be shared with the relevant Service Provider(s) in accordance with our Privacy Notice.
• You agree to provide accurate and current personal data when creating an account or submitting an enquiry, and to promptly update it if it changes.
• Our Security Commitment. We implement reasonable technical and organizational measures to protect personal data processed through the Platform, as further described in our Privacy Notice. No system is completely secure, and we do not guarantee that unauthorized access, loss, or disclosure will never occur.
• Breach Notification. In the event of a personal data breach that is likely to result in a risk to your rights or freedoms, we will notify the Office of the Data Protection Commissioner (ODPC) and affected Users without undue delay, in accordance with our obligations under the Data Protection Act, 2019.
• Onward Sharing. When you submit an enquiry to a Service Provider, that Service Provider becomes an independent Data Controller of the personal data you share with them and is responsible for their own compliance with the Data Protection Act, 2019 in respect of that data, as further described in Section __of the Service Provider Terms and Conditions. We are not responsible for a Service Provider’s handling of your data once they have received it directly from you.

14. TERMINATION

• Termination by You. You may stop using the Platform, or close your account, at any time via your account settings or by written notice to us. Closing your account does not retroactively affect any obligation you incurred, or right you granted us, before closure (see Section 17.5, Survival).
• Suspension vs. Termination. We may suspend your access temporarily for example, while we investigate a suspected breach or verify information, or terminate your account permanently. We will use suspension where reasonably appropriate to the circumstances, but nothing in these Terms obliges us to suspend before terminating, particularly for serious or repeated breaches.
• Termination or Suspension by Us. We may suspend or terminate your access to the Platform, with or without notice, where:
  • you breach these Terms, including Section 7 (User Conduct), and, for breaches capable of remedy, you fail to remedy the breach within [7] days of us notifying you;
  • you breach these Terms in a way we reasonably consider serious, repeated, fraudulent, or harmful to other Users, the Company, or the Platform’s integrity, in which case we may act immediately without a cure period;
  • required to do so by law, regulation, or a competent authority;
  • your account has been inactive for an extended period, following reasonable notice to you; or
  • we discontinue the Platform, or the specific feature or service, in whole or in part.
  • we reasonably suspect fraud, payment scam activity, or an attempt to circumvent the Platform’s fee structure or vetting process, in which case we may suspend your account immediately without a cure period, preserve relevant account data and communications as evidence, and cooperate with law enforcement or regulatory authorities investigating the matter.
• Effect of Termination. On termination of your account:
  • your right to access and use the Platform ends immediately;
  • any pending enquiry you have not yet completed with a Service Provider is unaffected as between you and that Service Provider — we have no obligation to notify the Service Provider of your account closure, and any ongoing engagement remains a matter between you and them;
  • any reviews you have already submitted remain published in accordance with Section 5, unless independently removed under our moderation process; and
  • Sections 5, 6, 8, 9, 10, 11, 13, 14.6 (Content), and 16, and this Section 14, survive as set out in Section 17.5.
• No Liability for Termination: To the fullest extent permitted by law, we are not liable to you or any third party for any suspension or termination of your access to the Platform carried out in accordance with this Section 14.
• Content on Termination: On termination or deletion of your account or Content, we will make reasonable efforts to remove your Content and de-identify associated personal data, except where we are permitted or required by law to retain it. You acknowledge that: (a) deleted Content may persist for a reasonable period in backups or caches; and (b) copies of, or references to, Content already displayed or licensed under Section 5.5 or 6.5 may not be fully removable.
• Reinstatement: Reinstatement of a suspended or terminated account is at our sole discretion. We are under no obligation to explain the basis for a termination decision beyond what is reasonably necessary to allow you to respond, where a cure period applies under Section 14.3(a).

15. AMENDMENTS

• We may update these Terms from time to time. Material changes will be notified via the Platform or by email at least 14 days before they take effect. Continued use after changes take effect constitutes acceptance.

16. GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms are governed by the laws of the Republic of Kenya.
• Before starting any formal proceeding, you agree to send us a written notice describing the dispute to hello[at]probuilderskenya.com, including: (a) your full name and contact details; (b) details sufficient to identify the relevant Listing, enquiry, or transaction; and (c) a description of the issue and the outcome you are seeking. We will do the same if we have a dispute with you. Both parties agree to negotiate in good faith for at least 30 days from receipt of the notice before escalating the matter.
• Any dispute not resolved under Section 16.2 shall be referred to mediation. If mediation does not resolve the dispute within 30 days of it commencing, either party may refer the dispute to arbitration.
• Arbitration shall be conducted in Nairobi, Kenya, in the English language, before a single arbitrator appointed in accordance with the Arbitration Act, 1995 (Kenya). The arbitration, and any settlement reached, shall be kept confidential by both parties, except where disclosure is required by law or to enforce the resulting award.

17. GENERAL

• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• Entire Agreement: These Terms, the Privacy Notice, and the Cookie Policy constitute the entire agreement between you and the Company regarding your use of the Platform as a Customer/visitor.
• No Waiver: Failure to enforce any provision is not a waiver of our right to do so later.
• Contact: hello[at]probuilderskenya.com.
• Survival: The following provisions survive termination of your account or these Terms: Section 7.2 (Consequences of Breach); Section 8 (Disclaimers); Section 9 (Limitation of Liability); Section 10 (Indemnification); Section 11 (Intellectual Property, including Sections 11.2–11.4 on Third-Party Marks); Section 13 (Privacy and Cookies, including the Data Protection Obligations in Sections 13.2–13.6); Section 14.4(b) (Termination — Effect on Ongoing Enquiries), Section 14.5 (No Liability for Termination), and Section 14.6 (Content on Termination); Section 16 (Governing Law and Dispute Resolution); and this Section 17. Sections 5 (Ratings and Reviews) and 6 (Articles and Editorial Content) also survive to the extent necessary to give effect to any license already granted to us under those Sections before termination.
• Relationship of the Parties: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you, the Company, and any Service Provider. The Company acts solely as an intermediary connecting Customers and Service Providers, as described in Section 2.
• Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms where the delay or failure results from circumstances beyond our reasonable control, including natural disaster, government action, internet or telecommunications failure, power outage, labor dispute, or public health emergency.
• Notices: Any notice we are required to give you under these Terms may be given by posting on the Platform, by email to the address associated with your account, or by other reasonable means. Notices to us should be sent to hello[at]probuilderskenya.com.
• Electronic Communications: By using the Platform, you consent to receive communications from us electronically, and you agree that any notice, agreement, disclosure, or other communication we send electronically satisfies any legal requirement that such communication be in writing.
• Language: These Terms are drawn up in English. Where we provide a translation for convenience, the English version prevails in the event of any inconsistency.
• Headings: Headings are for convenience only and do not affect the interpretation of these Terms.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, restructuring, or sale of assets.
• No Third-Party Rights: Except as expressly stated, these Terms do not confer any right or benefit on any person who is not a party to them.
• Electronic Signatures and Acceptance: Your acceptance of these Terms by clicking “I agree,” creating an account, or continuing to use the Platform constitutes a valid electronic signature and binding acceptance, to the same extent as a handwritten signature, to the extent permitted under applicable Kenyan law governing electronic transactions.
• Sanctions and Export Compliance: You represent that you are not subject to, and are not owned or controlled by any person subject to, any applicable trade sanctions, embargo, or restricted-party list, and that your use of the Platform will not violate any applicable export control or sanctions law.
• Platform Changes and Search Ranking: We may modify, suspend, or discontinue any feature or functionality of the Platform at any time. Search results, category rankings, and Listing visibility are determined by factors we may change from time to time, including relevance, profile completeness, subscription tier, and review performance; we do not guarantee a particular ranking or level of visibility to any User.