Introduction: These intricately articulated terms and conditions (hereafter referred to as the “Terms”) meticulously delineate the parameters and guidelines governing the esteemed End-Year Offer graciously extended by Saif Properties Limited and the esteemed Developer. It is imperative that any and all participants engaging with this opulent offer do so with a profound understanding and unwavering acceptance of these stipulated Terms.
1. Property Details and Finishes
1.1. It is expressly communicated that the particulars pertaining to the property details, finishes, or fixtures are proffered without any warranty, implicitly or explicitly. 1.2. Participants are emphatically advised that all contents and information encapsulated within the expansive realm of marketing materials, including but not limited to the exquisitely designed website and meticulously crafted brochures, are artistically curated for general marketing purposes exclusively. 1.3. As such, any reliance upon these materials as being exhaustive or infallibly accurate is an undertaking embarked upon at the participant’s own risk.
2. Fully Fitted Kitchen: 2.1. The conceptualization of a fully fitted kitchen within the realms of this unparalleled offer encapsulates a meticulous installation of a culinary triumvirate comprising an extractor, a hob, and an oven. 2.2. It is of paramount importance to note that no other culinary contraptions, save for those expressly and explicitly mentioned, shall find their sanctuary within the confines of the sumptuously fitted kitchen. 2.3. The distinguished participants are further apprised that the nomenclature and branding of the kitchen appliances are yet to be etched in stone at the juncture of this sale/purchase transaction.
3. Quality and Durability: 3.1. Saif Properties Limited and the distinguished Developer wish to candidly articulate that no representations or warranties, overt or covert, are extended concerning the quality and durability of the fittings and appliances destined to grace the property in question.
4. Accuracy of Information: 4.1. The learned participants are gently reminded that neither Saif Properties Limited nor the esteemed Developer espouses any representations or warranties pertaining to the accuracy, completeness, or aptness for any purpose of the information and related graphics disseminated across the virtual realms of the website, email, brochure, e-brochure, or any other tangibly digital or printed marketing materials. 4.2. It is incumbent upon the sagacious participants to acknowledge the possibility of technical inaccuracies, omissions, or typographical errors permeating the otherwise meticulously crafted information sphere.
5. Limitation of Liability: 5.1. An exhaustive and all-encompassing limitation of liability is enacted with the intent to shield Saif Properties Limited, the esteemed Developer, and their team of visionary directors, conscientious employees, diligent agents, sagacious advisors, and any other illustrious representatives from any form of liability, culpability, or accountability for inaccuracies, errors, or omissions to the fullest extent permitted by the hallowed corridors of law. 5.2. It is elucidated with crystal clarity that neither Saif Properties Limited nor the Developer, nor any member of their aforementioned team, shall bear any responsibility for the potential loss or damage arising out of or in reliance upon or in connection with the astute utilization of this website, email correspondence, bespoke brochures, intricately designed e-brochures, or any other tantalizing marketing materials.
6. Comprehensive Limitation of Liability: 6.1. The architects of this comprehensive limitation of liability decree its pervasive applicability to all conceivable damages of any conceivable kind. This exhaustive scope includes but is not limited to compensatory damages, direct damages, indirect damages, consequential damages, loss of data, loss of income or profit, loss or damage to property, and the unsolicited intrusion of claims by third parties that may or may not materialize in the unpredictable future. 6.2. This multifaceted limitation is constructed as a safeguard against any and all eventualities, ensuring that every conceivable angle and facet is meticulously covered.
7. Consumer Statutory Rights: 7.1. Notwithstanding the all-encompassing nature of the exclusions and limitations detailed above, it is germane to underscore that none of these restrictive measures is designed to infringe upon or diminish the statutory rights that a consumer may enjoy as mandated by the prevailing laws that hold sway in the jurisdiction where these transactions are consummated.
8. Purchase Agreement: 8.1. It is indispensably incumbent upon the discerning participants to acknowledge and internalize the fact that the fruition of the alluring End-Year Offer is contingent upon the successful execution and ratification of a formal purchase agreement. 8.2. These supplementary Terms are designed to augment, not supplant, the overarching terms and conditions elucidated within the purchase agreement.
9. Offer Period: 9.1. The temporal expanse during which this End-Year Offer unfurls its captivating wings spans until the hallowed date of 30th December 2023 at 00:01 Hours.
10. Agreement by Registration: 10.1. By expressing an interest and registering participation in the tantalizing End-Year Offer, participants inherently and unequivocally acknowledge, accept, and agree to abide by each and every stipulation encapsulated within these meticulously crafted Terms and Conditions. 10.2. The act of registration serves as an incontrovertible manifestation of the participant’s unreserved consent and adherence to the comprehensive terms herein articulated. It is incumbent upon each participant to peruse, comprehend, and internalize the contents of these Terms before embarking on the transformative journey of availing themselves of the exclusive benefits proffered by Saif Properties Limited and the Developer.
11. Amendment Clause: 11.1. Saif Properties Limited and the Developer retain the prerogative to modify, amend, or supplement any clause or provision within these Terms at their sole discretion and without any prior notice to the participants. It is the responsibility of the participants to stay abreast of any such alterations, which shall be deemed effective upon publication.
12. Governing Law: 12.1. These Terms and Conditions shall be construed in accordance with the laws governing the jurisdiction of Kenya. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts within the aforementioned jurisdiction.
13. Entire Agreement: 13.1. These Terms, in conjunction with the purchase agreement, if executed, constitute the entire understanding between the participant and Saif Properties Limited and the Developer, superseding all prior negotiations, understandings, and agreements, whether oral or written.
14. Contact Information: 14.1. For any queries, clarifications, or concerns regarding these Terms and Conditions, participants are encouraged to reach out to Saif Properties Limited using the contact information available on the official website or provided in the marketing materials.
15. Acceptance Clause: 15.1. In effecting the act of registration, the participant expressly acknowledges having perused, comprehended, and accepted each provision within these Terms and Conditions.
By registering interest in the End-Year Offer, each participant voluntarily affirms their acknowledgment, acceptance, and agreement to be bound by these Terms and Conditions. Failure to accept these Terms precludes participation in the exclusive benefits associated with the End-Year Offer.
16. Non-Monetary Nature of Offer: 16.1. Participants expressly acknowledge and agree that the benefits conferred under the End-Year Offer, including but not limited to the provision of a fully fitted kitchen, are non-transferable and non-redeemable in monetary form. 16.2. The exclusive benefits associated with the offer cannot be utilized as a discount on the purchase price of the property or any other financial transaction with Saif Properties Limited or the Developer. 16.3. Furthermore, participants recognize and affirm that the offer is a unique promotional provision and may not be employed as a bargaining tool or negotiating point during or after the transaction. 16.4. Any attempt to assign a monetary value to the offer or utilize it in a manner contrary to the explicit terms herein shall be deemed a breach of these Terms and may result in the forfeiture of the offer without recourse.
17. Covenant Not to Redeem for Currency or Discount: 17.1. Participants covenant and agree that they shall not seek, demand, or attempt to redeem the benefits of the End-Year Offer for currency or any form of discount, whether explicit or implied. 17.2. The non-monetary nature of the offer is a fundamental condition precedent to participation, and any violation of this covenant may result in the participant’s disqualification from the offer and any associated benefits.
