Terms of Service

1. Scope of Application

These Terms of Service (the “Terms”) apply to all contracts, mandates and services provided by Mount Kenya LiGo Investment SARL (hereinafter “the Company”, “LiGo”, “we”, “us”, or “our”) to any client, investor, or user of our services (hereinafter “the Client”, “you”, or “your”).

By engaging our services, signing a mandate, using our website, or submitting a contact form, you accept these Terms in full. Any terms proposed by the Client that deviate from these Terms shall only become binding if expressly accepted in writing by the Company.

2. Company Information

3. Services Offered

The Company provides the following services (non-exhaustive list):

• Real estate intermediation: connecting buyers and sellers of property in Kenya, negotiation assistance, legal and administrative support.
• Investment advisory: market analysis, due diligence, yield estimation and strategic advice for real estate investors.
• Property management: tenant sourcing and placement, rent collection, maintenance coordination, and monthly reporting with fund transfer to the Client’s account.
• Construction supervision: site supervision, contractor coordination, quality control and monthly photo/video reporting for build projects.
• Retirement services: full support for retirement relocation to Kenya, including housing search, Class G Retirement Pass visa assistance, bank account setup and daily life orientation.
• Guided tours: property discovery tours and retirement tours in Kenya, typically 7 days, with accommodation, transport and legal briefing included.

Detailed scope of each service is defined in the individual service agreement or mandate signed with the Client.

4. Property Listings

Properties listed on our website are accompanied by information sheets. While we take all reasonable care to verify information before publication, the following applies:

• Prices are quoted in KSh (Kenyan Shillings) and/or CHF (Swiss Francs) depending on the target market.
• All properties undergo Land Registry verification before listing. Title deeds, survey plans and encumbrance searches are confirmed in writing.
• Prices and availability may change without prior notice until a binding sale agreement is signed.
• Property images and diagrams are indicative. Exact boundaries are confirmed at signing via official survey plan (Kenya Survey Act, Cap 299).

5. Brokerage & Commission Terms

• Intermediation commission: as a percentage of the final sale price, specified in the mandate (typically 3%–8% depending on complexity).
• Advisory fees: fixed fee or time-based, as defined in the service offer.
• Property management fees: typically 10%–15% of collected rent, deducted monthly.
• Administrative fees: processing, translation, travel — disclosed and approved before commitment.

All amounts are quoted in CHF (Swiss Francs) or KSh. Payment is due upon invoice, by SWIFT/SEPA bank transfer to the designated account.

6. Payment Terms

• Deposits and milestone payments are defined in the mandate or proforma invoice.
• Payments are to be made by SWIFT/SEPA bank transfer in CHF or KSh.
• Invoices are payable within 30 days net unless otherwise stated.
• Late payment interest of 5% per annum applies under article 104 of the Swiss Code of Obligations.
• Non-payment entitles the Company to immediately suspend all ongoing services.

7. Client Obligations

The Client agrees to:

• Provide accurate and complete information required for the performance of the mandate.
• Have the legal capacity and financial means necessary to conclude transactions.
• Respect agreed payment deadlines.
• Not circumvent the Company to deal directly with sellers or property owners introduced by the Company.
• Inform the Company of any fact that may affect the mandate (change of financial circumstances, conflict of interest, etc.).

8. Right of Withdrawal

Under article 40 of the Swiss Code of Obligations (CO), a Client qualifying as a consumer has a 7-day right of withdrawal from the date of conclusion of the mandate, subject to the following exceptions:

• Services fully performed before the withdrawal period expires (with the Client’s express consent).
• Intermediation acts that have already resulted in introduction to a seller or property.
• Contracts concluded at a fair or exhibition.

The right of withdrawal must be exercised in writing (email is accepted) to info.mountkenyaligo@gmail.com.

9. Warranty & Liability

The Company undertakes to perform all mandates with due diligence and professionalism, in accordance with industry standards and applicable legal requirements.

However, the Company shall not be liable for:

• Investment decisions made by the Client based on information provided.
• Market, currency, or property value fluctuations.
• Delays or administrative changes attributable to Kenyan authorities (Land Registry, tax authorities, immigration).
• Acts of third parties (notaries, lawyers, surveyors) independently engaged by the Client.
• Force majeure events as defined under article 119 of the Swiss Code of Obligations.

10. Intellectual Property

All documents, analysis, reports, data, website content, visual materials, logos and software provided by the Company remain its exclusive intellectual property. The Client may not reproduce, distribute or use these materials for any purpose other than the performance of the mandate without prior written consent. This provision survives termination of the mandate.

11. Data Protection

The processing of the Client’s personal data is governed by our Privacy Policy and Swiss nFADP. The Client consents to the processing of their data necessary for the performance of the mandate. For Kenyan residents or transactions, the Kenya Data Protection Act 2019 also applies.

12. Dispute Resolution & Jurisdiction

Any dispute arising from or in connection with these Terms or any mandate shall be submitted to the exclusive jurisdiction of the ordinary courts of Geneva, Switzerland.

Before commencing legal proceedings, the parties shall attempt to resolve the dispute amicably within 30 days. Failing that, judicial proceedings may be initiated.

For property transactions in Kenya, the Company shall use reasonable endeavours to facilitate dispute resolution under Kenyan law, but this does not affect the exclusive jurisdiction of the Geneva courts.

13. Governing Law

These Terms and all mandates concluded are governed exclusively by Swiss law, including the Swiss Code of Obligations (CO, RS 220) and the Swiss Civil Code (CC, RS 210).

Property transactions in Kenya are subject to Kenyan law for aspects relating to title transfer, land registration and real estate conveyancing (Kenya Constitution 2010, Land Registration Act No. 3 of 2012) without affecting the Swiss governing law of these Terms.

For EU-resident clients, the General Data Protection Regulation (GDPR, EU 2016/679) applies in addition to Swiss law for data protection matters.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

15. Contact