1. Introduction

These Terms of Use govern access to and use of the Herencia website, operated by Benvar Estates Limited, the developer of Herencia. By accessing, browsing, or using this website, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with any part of these Terms, you should discontinue use of the website.

2. Purpose of the Website

The Herencia website is provided for general information and marketing purposes. It is intended to offer visitors insight into the Herencia development, including available plots, amenities, location, and the broader vision of the gated community. Any enquiries, expressions of interest, or requests submitted through the website are non-binding and do not constitute a contractual offer or commitment.

3. Use of the Website

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of Benvar Estates Limited or any third party. You must not misuse the website by knowingly introducing harmful material, attempting unauthorised access, submitting false or misleading information, or interfering with the operation, security, or functionality of the website. We reserve the right to restrict or terminate access to the website where misuse is identified.

4. Intellectual Property

All content displayed on this website, including text, images, videos, graphics, logos, designs, layouts, and branding elements, is owned by or licensed to Benvar Estates Limited and is protected by applicable intellectual property laws. No content from this website may be copied, reproduced, modified, distributed, or used for commercial purposes without prior written consent from Benvar Estates Limited.

5. Accuracy and Availability of Information

While reasonable care is taken to ensure that the information on this website is accurate and up to date, all content is provided on an “as is” basis and may be subject to change without notice. Visual representations, illustrations, development plans, and descriptions are indicative only and should not be relied upon as final specifications. Any purchase or contractual engagement relating to Herencia will be governed solely by the terms of the relevant sale or development agreement.

6. Third-Party Content and Links

The website may contain links to third-party websites or platforms for convenience or reference. Benvar Estates Limited does not control and is not responsible for the content, availability, or privacy practices of such third-party websites. Accessing third-party links is done at your own risk.

7. Governing Law

These Terms of Use are governed by the laws of the Republic of Kenya, and any disputes shall be subject to the jurisdiction of Kenyan courts.

8. Limitation of Liability

To the fullest extent permitted by law, Benvar Estates Limited shall not be liable for any loss, damage, or inconvenience arising from the use of, or inability to use, this website or from reliance on any information provided on the website. This includes, without limitation, direct, indirect, incidental, or consequential loss.

9. Privacy and Data Protection

Use of this website is also governed by the Herencia Privacy Policy, which sets out how personal data is collected, processed, and protected in accordance with Kenyan data protection laws. By using the website, you acknowledge and accept the practices described in the Privacy Policy.

10. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with the use of this website shall be subject to the exclusive jurisdiction of the courts of Kenya.

11. Changes to These Terms

Benvar Estates Limited reserves the right to amend or update these Terms of Use at any time. Any changes will be published on this website, and continued use of the website after such publication constitutes acceptance of the revised Terms.