Disclaimer and risk notice
Last updated [date to confirm on publication]
— / Contents
- 1. No offer or solicitation
- 2. No advice
- 3. Risk warning
- 4. No return projections
- 5. Indicative information
- 6. Forward-looking statements
- 7. Imagery and visualisations
- 7a. Property particulars and land risk
- 8. Eligibility and jurisdiction
- 9. Third-party content
- 10. Intellectual property
- 11. Liability
- 12. Fraud warning
- 13. Governing law
Please read this notice carefully. It governs your use of this website and the information published on it.
1. No offer or solicitation
Nothing on this website constitutes an offer to sell, or a solicitation of an offer to buy, any security, interest, property or investment, in any jurisdiction. No part of it forms the basis of, or may be relied upon in connection with, any contract or commitment. Any investment would be made solely on the basis of definitive transaction documentation.
2. No advice
The content of this website is general information only. It is not investment, legal, tax, accounting, planning or valuation advice, and it does not take account of your objectives, financial situation or needs. You should obtain independent professional advice before taking any decision.
3. Risk warning
Real estate development investment carries the risk of total loss of capital. Risks include, without limitation: defects in or challenges to title; refusal, delay or onerous conditioning of subdivision, environmental and statutory approvals; riparian, foreshore and marine protection constraints reducing developable area; construction cost inflation, contractor insolvency and programme delay; infrastructure and servicing shortfalls; slower sales absorption or lower realised pricing than assumed; movements between the Kenyan shilling and an investor's base currency; changes in Kenyan land, tax, planning or foreign ownership law; political, regulatory and counterparty risk; and the illiquidity of any interest acquired, for which there is no established secondary market.
Past performance, whether of Peponi, of any adviser, or of the Kenyan coastal market, is not a guide to future performance.
4. No return projections
Peponi does not publish projected returns on this website and does not describe any project as high-yield, guaranteed, capital-protected or secure. Where a return is modelled in project documentation issued to a qualified party, it is provided together with its assumptions, the underlying calculations, sensitivity analysis and risk register. Such a model is an illustration, not a promise, and outcomes may differ materially from it.
5. Indicative information
Land areas, plot counts, unit mixes, programmes, budgets, stages and specifications shown on this website are indicative at the date shown and remain subject to survey, title verification, planning and environmental approval, cost verification and commercial due diligence. Where a status is marked as unconfirmed or to be confirmed, it has not been satisfied and must not be assumed.
6. Forward-looking statements
Statements about intended development, programme, market conditions or future events are forward-looking. They reflect current expectations and are subject to risks and uncertainties outside our control. Peponi undertakes no obligation to update them.
7. Imagery and visualisations
Photographs, renders and visualisations are illustrative of location, character and design intent. They are not a representation of the finished development, of any specific plot or unit, or of any view from it. [Before publication, confirm the licence or ownership position for every image used, and replace any placeholder imagery with photography Peponi owns or is licensed to use.]
7a. Property particulars and land risk
All descriptions, plans, areas, plot counts, boundaries and visualisations are marketing particulars prepared as a general guide. They do not form part of any offer or contract and are not statements of fact. Areas and dimensions are approximate and not to scale.
No warranty is given as to title. Nothing published here represents that Peponi holds or will acquire good and marketable title to any land, or that a parcel is free of encumbrance, caution, caveat, competing claim or access constraint.
Land transactions in Kenya depend on statutory consents outside our control — including Land Control Board consent for agricultural land, county change of user and subdivision approval, environmental licensing, lessor consent on leasehold, and registration of the instrument. Any of these may be refused, delayed or conditioned, and a purchase completes only on registration of the transfer. Non-citizens may hold land only on leasehold not exceeding 99 years.
Prospective buyers must instruct their own advocate and, where appropriate, their own surveyor and valuer, and must not rely on this website in place of an official search and survey.
8. Eligibility and jurisdiction
This website is not directed at any person in any jurisdiction where its publication or availability would be contrary to local law. It is your responsibility to observe the laws that apply to you. Peponi does not promote investments to retail investors and engages only with parties it has been able to verify.
9. Third-party content
Where we cite legislation, official sources or market data, we identify the source and the date it was recorded. We do not warrant that third-party information is accurate, complete or current, and a legal position summarised here should be confirmed with qualified counsel for any specific transaction. Links to third-party sites do not imply endorsement.
10. Intellectual property
The Peponi name, logo, site content, design and imagery are owned by Peponi or its licensors. You may view and print pages for your own use in evaluating an opportunity. You may not otherwise reproduce, distribute or exploit them without written permission.
11. Liability
The website is provided on an "as is" basis. To the fullest extent permitted by law, Peponi excludes liability for any loss arising from use of, or reliance on, this website. Nothing in this notice excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
12. Fraud warning
Peponi communicates from its own verified domain. We will never send you revised bank details by email, and we will never request payment to an account you have not verified directly with a known contact by telephone. If you receive payment instructions purporting to come from Peponi, verify them by telephone before acting. Report any suspicious communication to invest@peponi-resort.com.
13. Governing law
This notice and any dispute arising from it are governed by the laws of [governing law to confirm], and the courts of [jurisdiction to confirm] have exclusive jurisdiction.
Note for publication: this notice is a working draft. It must be reviewed and completed by qualified counsel — in particular the governing law, jurisdiction, entity identity, and any securities-promotion restrictions applying in the countries the site is marketed into — before the site goes live.