Terms and Conditions
INTRODUCTION
These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("Client", "User", "you", or "your") and Ashco Investment Limited, a duly incorporated company ("Ashco Investment", "Company", "we", "us", or "our"), governing your access to and use of our website, online platform, mobile applications, and all associated real estate services (collectively referred to as the "Services").
By accessing our website, creating an account, submitting a reservation, executing a purchase agreement, or enrolling in any membership programme, you acknowledge that you have carefully read, fully understood, and unconditionally agreed to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to any part of these Terms, you must immediately discontinue your use of our Services.
Ashco Investment reserves the right to update, modify, or replace any part of these Terms at its sole discretion. All amendments will be posted on this page with a revised effective date. It is your responsibility to review these Terms periodically. Continued use of our Services following any modification constitutes your acceptance of the updated Terms.
1 ELIGIBILITY AND LEGAL CAPACITY
1.1 Age Requirement
To access and use our Services, you must be at least eighteen (18) years of age. By using our Services, you represent and warrant that you meet this age requirement. We reserve the right to request proof of age at any time and to suspend or terminate accounts where this requirement has not been met.
1.2 Legal Capacity
You must possess full legal capacity to enter into binding contractual obligations under the laws of your jurisdiction. Persons who are legally prohibited from entering into contracts — including those under guardianship, receivership, or subject to bankruptcy proceedings — may not use our Services without the written consent and involvement of their legal representatives.
1.3 Accuracy of Information
You agree that all information you provide to Ashco Investment — whether during registration, KYC verification, reservation, or any other process — is accurate, truthful, complete, and current. Misrepresentation of information shall constitute grounds for immediate termination of your account and may result in legal action.
2 USER ACCOUNTS AND REGISTRATION
2.1 Account Creation
To access certain features of our platform — including property reservations, membership dashboards, contract management, and payment tracking — you must register for an account. During registration, you will be required to provide your full legal name, a valid email address, a secure password, and any other information deemed necessary by the Company.
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your login details with any third party. You must notify us immediately at the earliest opportunity upon becoming aware of any unauthorised access to or use of your account. Ashco Invest will not be held liable for any loss or damage arising from your failure to comply with this security obligation.
2.3 Account Suspension and Termination
We reserve the right, at our sole discretion, to suspend, restrict, or permanently terminate your account without prior notice in the event that:
- You provide false, inaccurate, or misleading information
- You engage in fraudulent or unlawful activity on the platform
- You breach any provision of these Terms
- Your account has been inactive for an extended period
- We are required to do so by applicable law or regulatory directive
Termination of your account does not extinguish any financial obligations you may have incurred prior to termination.
3 PROPERTY LISTINGS
3.1 Informational Purpose
All property listings, descriptions, pricing information, images, and related content published on our platform are provided strictly for informational purposes. While we make every reasonable effort to ensure the accuracy, completeness, and currency of this information, Ashco Investment does not warrant or guarantee that any listing is free from error, omission, or inaccuracy. Property prices, availability, and specifications are subject to change without prior notice.
3.2 No Investment Advice
Nothing contained in any property listing, article, blog post, or communication from Ashco Investment constitutes financial, investment, tax, or legal advice. You are solely responsible for conducting your own due diligence and seeking independent professional advice before making any property purchase decision. Ashco Investment accepts no liability for decisions made on the basis of information published on our platform.
3.3 Third-Party Listings
Certain properties listed on our platform may be sourced from third-party agencies or developers. Ashco Investment does not independently verify all information provided by third parties and expressly disclaims liability for the accuracy of such listings.
4 RESERVATIONS
4.1 Reservation Process
Submitting a reservation request through our platform does not, in and of itself, create a binding contractual obligation on the part of either party. A reservation is considered confirmed only upon the following conditions being satisfied:
- Receipt of the required reservation deposit in cleared funds
- Completion and approval of the Client's KYC verification
- Execution of a formal Purchase Agreement signed by both parties
- Written confirmation of reservation from Ashco Investment
4.2 Reservation Deposits
Reservation deposits are required to secure a property plot or unit pending the execution of the Purchase Agreement. The amount of the reservation deposit shall be as communicated at the time of reservation and will be applied toward the total purchase price upon execution of the agreement.
4.3 Cancellation of Reservation
If a Client cancels a reservation prior to the execution of the Purchase Agreement, the reservation deposit may be forfeited in whole or in part, subject to the terms communicated at the time of reservation. Cancellations must be submitted in writing to our Client Services team. Ashco Investment reserves the right to re-list any reserved property upon cancellation.
5 PURCHASE AGREEMENTS AND CONTRACTS
5.1 Binding Nature
The Purchase Agreement executed between the Client and Ashco Investment constitutes the primary binding legal document governing the sale and purchase of a property. In the event of any conflict between these Terms and the Purchase Agreement, the provisions of the Purchase Agreement shall prevail to the extent of such conflict.
5.2 Electronic Signatures
Ashco Investment supports the execution of contracts via electronic signature. You acknowledge and agree that an electronic signature applied through our platform carries the same legal force and effect as a handwritten signature, in accordance with applicable electronic transactions legislation.
5.3 Contract Delivery
Upon execution of your Purchase Agreement, a digitally signed copy will be made available for download through your member portal and sent to your registered email address. It is your responsibility to retain a copy of all executed documents for your personal records.
6 PAYMENTS AND PAYMENT PLANS
6.1 Payment Obligations
All payments must be made in strict accordance with the payment schedule outlined in your Purchase Agreement or payment plan. Payment amounts, due dates, and accepted payment methods are set out in your agreement and communicated through your member portal.
6.2 Late Payments
Failure to make a payment by its due date may result in the following consequences:
- A late payment penalty charge, as stipulated in your Purchase Agreement
- Suspension of access to member services and the client portal
- Escalation to the Company's collections process
- In cases of sustained non-payment, cancellation of the Purchase Agreement and forfeiture of amounts paid to date, subject to the terms of the agreement
6.3 Payment Pause Requests
Clients who are experiencing genuine financial hardship may apply for a payment pause through their member portal. Payment pause requests are subject to management review and approval at the Company's sole discretion. An approved pause does not waive, cancel, or reduce the Client's total payment obligation; outstanding amounts shall continue to accrue and must be satisfied in accordance with any revised schedule agreed upon.
6.4 Refunds
All payments made in connection with a confirmed Purchase Agreement are non-refundable except as expressly provided in the Purchase Agreement or required by applicable law. Reservation deposits are non-refundable upon cancellation after the reservation has been confirmed.
6.5 Payment Methods
Ashco Invest accepts payments via the methods specified on the platform, which may include bank transfer, mobile money, and card payments processed through approved third-party payment gateways. The Company does not store card details on its servers. All payment transactions are subject to the terms and conditions of the relevant payment processor.
7 KYC (KNOW YOUR CUSTOMER) VERIFICATION
7.1 Regulatory Compliance
In compliance with applicable anti-money laundering (AML), counter-terrorism financing (CTF), and Know Your Customer (KYC) legislation, all Clients are required to complete an identity verification process before a Purchase Agreement can be executed and any title deed transfer process can be initiated.
7.2 Required Documentation
You agree to provide, upon request, any of the following documents as part of the KYC process:
- A valid government-issued national identity card or passport
- Proof of residential address (e.g., utility bill, bank statement dated within three months)
- A recent passport-sized photograph
- Any additional documentation as required to satisfy regulatory obligations
7.3 Verification Outcomes
Ashco Investment reserves the right to approve, reject, or request additional information in connection with any KYC submission. A rejection or request for further information will be communicated to the Client in writing. Failure to complete KYC verification within a reasonable period may result in the suspension of your transaction.
7.4 Data Retention
KYC documentation will be retained by Ashco Investment for the period required by applicable law, following which it will be securely disposed of in accordance with our data retention policy.
8 CORPORATE MEMBERSHIP
8.1 Membership Tiers
Ashco Investment offers Corporate Membership programmes across multiple tiers, each carrying distinct benefits, facilities, and subscription fee structures. Membership tiers are described on our platform and are subject to availability.
8.2 Subscription Fees
Corporate membership subscription fees are billed on a monthly basis. All fees are non-refundable once a billing cycle has commenced. Members acknowledge that subscription fees are payable regardless of the frequency with which they utilise membership benefits during any given period.
8.3 Benefits and Facilities
Benefits associated with each membership tier — including but not limited to access to exclusive developments, preferential pricing, meeting facilities, and investment reports — are provided subject to availability and may be modified by the Company upon thirty (30) days' written notice to active members.
8.4 Membership Cancellation
Members may cancel their Corporate Membership by providing written notice to the Company. Cancellation will take effect at the end of the current billing period. No refund will be issued for the remaining days in the final billing period. Upon cancellation, access to all membership benefits will cease at the end of the billing period.
8.5 Membership Termination
Ashco Investment reserves the right to immediately terminate a Corporate Membership — without refund of any subscription amounts — if a member:
- Breaches any provision of these Terms
- Engages in conduct that is detrimental to the Company or other members
- Fails to meet any financial obligation related to the membership
- Is found to have provided fraudulent information during registration
9 INTELLECTUAL PROPERTY
9.1 Ownership
All content published on our platform — including but not limited to text, articles, marketing materials, photographs, graphics, logos, trademarks, service marks, property data, software, and user interface designs — is the exclusive intellectual property of Ashco Investment Limited or its licensors and is protected under applicable copyright, trademark, and intellectual property laws.
9.2 Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use our platform solely for your personal, non-commercial purposes in connection with our Services. This licence does not extend to the reproduction, duplication, copying, reselling, redistribution, or exploitation of any content for commercial purposes.
9.3 Prohibited Actions
You must not, without our express prior written consent:
- Reproduce, copy, or distribute any content from our platform
- Create derivative works based on our intellectual property
- Use our trademarks, logos, or branding in any manner
- Scrape, mine, or harvest data from our platform by automated means
- Reverse engineer any software or technology used on our platform
10 PROHIBITED CONDUCT
In connection with your use of our Services, you agree that you will not:
- Use the platform for any unlawful, fraudulent, or deceptive purpose
- Impersonate any person, entity, or Ashco Invest representative
- Post or transmit any defamatory, offensive, or harmful content
- Attempt to gain unauthorised access to any account, system, or network
- Introduce malware, viruses, or other malicious code to the platform
- Engage in any conduct that could damage, overburden, or impair our servers or infrastructure
- Attempt to manipulate or interfere with the integrity of property pricing or availability data
- Use our platform to solicit other users for competing services
11 LIMITATION OF LIABILITY
11.1 Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Ashco Invest expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
11.2 Exclusion of Damages
To the fullest extent permitted by applicable law, Ashco Investment, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, our Services. This includes, without limitation:
- Loss of profit, revenue, or anticipated savings
- Loss of data, business, goodwill, or opportunity
- Investment losses or property value fluctuations
- Decisions made in reliance on information published on our platform
- Service interruptions or technical failures
11.3 Cap on Liability
In no event shall the Company's total aggregate liability to you for any and all claims arising out of or related to your use of the Services exceed the total amount you have paid to Ashco Investment in the twelve (12) months immediately preceding the event giving rise to the claim.
12 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Ashco Investment Limited and its directors, officers, employees, affiliates, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of or access to our Services
- Your breach of any provision of these Terms
- Your violation of any applicable law or regulation
- Any misrepresentation made by you in connection with your use of the Services
- Any claim by a third party arising from your conduct on the platform
13 PRIVACY AND DATA PROTECTION
Ashco Investment is committed to protecting the privacy and personal data of all Clients. Our collection, use, storage, and processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is incorporated herein by reference. By using our Services, you consent to the processing of your personal data as described in our Privacy Policy. You have the right to access, correct, and request the deletion of your personal data, subject to applicable legal obligations. Data subject requests may be submitted to our designated Data Protection Officer.
14 THIRD-PARTY LINKS AND SERVICES
Our platform may contain links to third-party websites, services, and payment processors. These links are provided for your convenience only. Ashco Investment does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party website or service. Your use of third-party services is governed solely by the terms and conditions of those third parties. We recommend that you review the applicable terms before engaging with any third-party service.
15 FORCE MAJEURE
Ashco Investment shall not be held liable for any delay or failure in performance of its obligations under these Terms or any Purchase Agreement where such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, civil unrest, fire, flood, power failures, or failures of third-party service providers. In the event of a force majeure, Ashco Investment will notify affected Clients as soon as reasonably practicable and will use reasonable efforts to resume normal operations.
16 AGENT REFERRAL PROGRAMME
16.1 Programme Eligibility
Participation in the Ashco Investment Agent Referral Programme ("Programme") is open to individuals who have been approved and registered as agents on our platform. Registration as an agent is subject to the Company's onboarding requirements, identity verification, and acceptance of these Terms. The Company reserves the right to approve, decline, or revoke agent status at its sole discretion.
16.2 Referral Links and Tracking
Upon approval, each agent is assigned a unique personal referral link tied to their registered account. This link may be shared digitally or in person to refer prospective clients to Ashco Investment's platform. Referrals are attributed to the agent whose link was used at the time the referred individual first visited our platform. Click data and sign-up attribution are tracked automatically by our system and are final.
16.3 Commission Entitlement
An agent becomes entitled to a commission when all of the following conditions are satisfied:
- A referred client completes registration via the agent's referral link
- The referred client submits a valid reservation and pays a reservation deposit
- A Purchase Agreement is duly executed between the client and Ashco Investment
- The commission is reviewed and approved by the Company's finance team
No commission is payable solely on the basis of a client clicking a referral link, completing registration, or submitting a reservation that does not progress to an executed Purchase Agreement.
16.4 Commission Rates
Commission rates are determined by the Company and communicated to each agent at the time of onboarding or by subsequent written notice. The applicable commission rate is the rate in effect at the time the referral is logged in the system. Commission is calculated as a percentage of the total property sale value as stated in the executed Purchase Agreement. The Company reserves the right to revise commission rates at any time, provided that any revision will not affect commissions attributable to transactions already in progress at the time of revision.
16.5 Commission Approval and Payout
All commissions are subject to review and approval by the Company's finance team before any payment is processed. Approved commissions will be paid via the payment method designated in the agent's profile, subject to the Company's payout schedule. The Company reserves the right to withhold or recover a commission if it is discovered that the underlying transaction was procured through fraudulent, deceptive, or non-compliant means.
16.6 Agent Obligations
As a registered agent, you agree to:
- Represent Ashco Investment's properties and services accurately and honestly at all times
- Not make any representations, guarantees, or promises about investment returns on behalf of the Company
- Comply with all applicable laws governing the referral and introduction of clients to real estate services
- Not engage in any form of spam, mass unsolicited messaging, or misleading advertising when sharing your referral link
- Immediately disclose any conflict of interest to the Company
- Not solicit or poach clients who are already engaged with Ashco Investment through another agent
16.7 Programme Termination
The Company may terminate an agent's participation in the Programme at any time, without prior notice, in the event that the agent breaches these Terms, engages in conduct detrimental to the Company's reputation, or otherwise fails to meet the standards expected of a registered agent. Upon termination, the agent forfeits entitlement to any commissions not yet approved at the time of termination. Commissions already approved and pending disbursement will be paid in accordance with the standard payout schedule, unless termination results from fraudulent conduct.
17 GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them — whether contractual or non-contractual — shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.
17.2 Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations within thirty (30) days of one party notifying the other in writing of the dispute.
If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation administered by a mutually agreed mediator. If mediation fails to produce a resolution, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Nairobi, Kenya.
18 SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed from the remainder of these Terms, which shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, in a manner consistent with the original intent of the parties.
19 ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any Purchase Agreement or Membership Agreement executed between you and Ashco Investment, constitute the entire agreement between you and the Company with respect to the subject matter herein and supersede all prior negotiations, understandings, representations, and agreements, whether oral or written.
20 WAIVER
No failure or delay by Ashco Investment in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A single or partial exercise of any right shall not preclude any other or further exercise of that right or the exercise of any other right.
21 CONTACT INFORMATION
If you have any questions, concerns, or requests in connection with these Terms and Conditions, please contact our legal and compliance team using the details below:
Ashco Investment Limited
Legal & Compliance Department
Email: legal@ashcoinvest.com
Phone: As listed on our website
Address: As listed on our official correspondence
We aim to respond to all formal enquiries within five (5) business days.
Effective Date: 1 January 2025 | Last Updated: 21 April 2026
Ashco Investment Limited reserves all rights not expressly granted herein.