1. Acceptance of these terms
This website at 97alta.com (the “site”) is operated by MSDC in connection with 97 Alta, a managed residential development at 97 Rhapta Road, Westlands, Nairobi (the “development”).
By browsing the site, downloading material from it, submitting an enquiry or using the chat assistant, you accept these terms of use. If you do not accept them, please do not use the site.
These terms apply to your use of the site only. Any purchase of a residence at 97 Alta is governed by a separate written agreement, described in section 5.
2. Who we are
“We”, “us” and “our” refer to MSDC, the developer of 97 Alta, together with its affiliates involved in the marketing and delivery of the development. You can reach us at:
- 97 Rhapta Road, Westlands, Nairobi, Kenya
- Email: info@97alta.com
- WhatsApp: +254 721 331 111
3. The site is not an offer
Everything published on the site — renders, floor plans, unit sizes, finishes, amenity descriptions, brochures, pricing sheets and delivery timelines — is marketing material intended to give you a general impression of the development. It does not form an offer, a contract, or part of a contract.
Artist’s impressions and computer-generated images are illustrative. Actual dimensions, layouts, specifications, materials, landscaping, views and furnishings may differ. We may vary the design, specification, unit mix, pricing and programme of the development at any time, including to comply with planning approvals, statutory requirements or construction realities.
Availability shown on the site (including any “percentage sold” figure) reflects our records at the time of publication and can change without notice. Please confirm current availability with our sales team before making any decision.
4. Prices, returns and projections
Prices quoted on the site are indicative, exclusive of any applicable taxes, statutory fees, legal costs and stamp duty unless expressly stated, and are subject to change and to availability at the time of booking.
Rental income figures, yield estimates, occupancy assumptions and any returns shown by the yield calculator or quoted by our team are projections, not guarantees. They are based on assumptions about market rates, occupancy, furnishing standards, service charges and management arrangements that may not hold true. Actual returns may be materially lower, and you could receive less than you invested.
Nothing on the site is investment, tax, legal or financial advice, and no part of it is intended as a recommendation to buy. You should carry out your own due diligence and take independent professional advice before committing to a purchase.
Short-stay and rental management by a third-party operator is subject to a separate management agreement between you and that operator. We do not guarantee that any letting or management arrangement will be available, will continue, or will produce any particular income.
5. Purchasing a residence
A reservation, booking or purchase becomes binding only when set out in a written agreement signed by you and by us, and where required completed through the parties’ advocates. That agreement, together with any schedules to it, will contain the specification, price, payment plan, completion arrangements and warranties that apply to your residence, and will take precedence over anything published on this site.
All payments must be made to the account nominated in that written agreement or in an invoice issued by us. We will never ask you to change payment details by email or messaging app alone — always verify account details by calling our office on a number you already hold before transferring funds.
6. Enquiries, forms and the chat assistant
When you submit an enquiry form, request a brochure or use the chat assistant, you confirm that the details you provide are accurate and that you are entitled to share them. You agree that we may contact you by phone, email, SMS or WhatsApp about your enquiry and about the development.
The chat assistant is an automated, scripted tool provided for convenience. Its responses are general information only, may be incomplete or out of date, and are not a substitute for confirmation from our sales team or from the signed sale documentation.
How we handle the personal data you submit is set out in our Privacy Policy.
7. Acceptable use
You agree not to:
- use the site for any unlawful, fraudulent or misleading purpose;
- submit false contact details, or another person’s details without their permission;
- attempt to gain unauthorised access to the site, its server or any connected system;
- introduce malware, or interfere with the operation or security of the site;
- scrape, harvest or systematically extract content or contact data from the site, or use automated systems to send bulk enquiries; or
- reproduce, resell or republish our marketing material, or present the development to third parties as though you were an authorised agent, without our prior written consent.
We may suspend or block access to the site where we reasonably believe these terms have been breached.
8. Intellectual property
The 97 Alta name and logo, and all content on the site — text, photographs, renders, plans, brochures, video, layout, design and code — are owned by us or our licensors and are protected by copyright and other intellectual property rights.
You may view the site and download or print material from it for your own personal, non-commercial use in evaluating a purchase. Any other use, including copying, modification, distribution or commercial exploitation, requires our prior written permission. All rights not expressly granted are reserved.
9. Third-party links and partners
The site links to third-party services and to sites operated by our delivery, management and hospitality partners — for example rental management operators, mapping services and messaging platforms. Those links are provided for convenience only.
We do not control and are not responsible for the content, products, services, terms or privacy practices of third-party sites. Following such a link is at your own risk, and the third party’s own terms and privacy policy will apply.
10. Availability of the site
We aim to keep the site available and its content current, but we provide it “as is” and “as available”. We do not warrant that the site will be uninterrupted, error-free, secure or free of viruses, or that the information on it is complete or up to date.
We may change, suspend or withdraw all or part of the site, including any downloads or tools, at any time and without notice.
11. Limitation of liability
Nothing in these terms limits or excludes any liability that cannot be limited or excluded under Kenyan law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
Subject to that, we will not be liable to you for any loss of profit, loss of anticipated income or savings, loss of business or opportunity, loss of data, or any indirect or consequential loss arising out of or in connection with your use of, or inability to use, the site or your reliance on any content or projection published on it.
This section does not affect the rights and remedies available to you under a signed sale agreement for a residence at 97 Alta.
12. Privacy
We process personal data in accordance with the Data Protection Act, 2019 and our Privacy Policy, which explains what we collect, why we collect it, who we share it with, and the rights you have over your data.
13. Changes to these terms
We may update these terms from time to time to reflect changes to the site, to the development or to the law. The version published here is the one in force, and the “last updated” date at the top of this page shows when it last changed. Continued use of the site after an update means you accept the revised terms.
14. Governing law
These terms, and any dispute or claim arising out of them or your use of the site, are governed by the laws of Kenya. The courts of Kenya have exclusive jurisdiction, save that we may bring proceedings to protect our intellectual property in any competent jurisdiction.
15. Contact us
If you have a question about these terms, or about anything published on the site, contact us at info@97alta.com or on WhatsApp at +254 721 331 111. Our office hours are Monday to Sunday, 8:00 AM to 5:00 PM.