By registering with https://carbazaar.co.ke (hereinafter referred to as “the Site”), you are confirming that you have read these terms and conditions of your use of the Site and agree to abide by the same. These terms and conditions (hereinafter referred to as “User Agreement”) constitute your binding obligations towards CarBazaar Kenya Ltd. (hereinafter referred to as “carbazaar.co.ke” or “we” or “us”). This User Agreement is effective upon acceptance in registration for new registering users. CarBazaar.co.ke may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty (30) is this mandatory days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your notification preferences.
This User Agreement may not be otherwise amended except in writing and signed by you and CarBazaar.co.ke. What’s the implication? You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
(a) Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (such information being the “Registration Data”); and
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or CarBazaar.co.ke has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, CarBazaar.co.ke has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
(a) “Your Information” is defined as any information you provide to us or to the other users of the Site (those users “Users”) in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
(b) Your Information (or details of any cars you list on the Site):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen cars;
(iii) shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; and
(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any car, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(d) You represent and confirm that you shall be the sole and exclusive legal owner of all cars, goods or products of any description that you wish to offer for sale on the Site or shall have complete rights with respect to such cars, goods or products bestowed on you by the legal owner of such cars, goods or products in writing and you will have the full authority in law to dealing and offer for sale such cars, goods or products.
(e) In the event that any transaction or attempted transaction relating to any car, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform CarBazaar.co.ke of the same. You may contact CarBazaar.co.ke by sending mail to contact@CarBazaar.co.ke.
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any car or services being sold or purchased on the Site.
(g) From time to time, you shall be responsible for providing information relating to the cars or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such cars or services so as to mislead other Users in any manner.
(h) You will not disclose your contact details like phone number, address, email address in the buying or listing process, other than the specified place in the form, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass CarBazaar.co.ke.
5A. You further agree, undertake and confirm that while providing Your Information on the Site you shall not host, display, upload, modify, publish, transmit, update or share any information that –
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) may harm minors in any way;
(d) infringes any patent, trademark, copyright or other third party proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads CarBazaar.co.ke, Site and/or Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate any other person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(a) CarBazaar.co.ke is not responsible for any non-performance or breach of any contract entered into between Users. CarBazaar.co.ke cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. CarBazaar.co.ke shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) CarBazaar.co.ke does not make any representation or warranty as to the attributes (such as quality, worth, condition, etc.) of the cars or services proposed to be sold or purchased on the Site. In particular, CarBazaar.co.ke does not implicitly or explicitly support or endorse the sale or purchase of any cars or services on the Site. CarBazaar.co.ke accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) CarBazaar.co.ke does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell cars or associated services. CarBazaar.co.ke is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the winning buyer. At no time shall any right, title or interest over the cars vest with CarBazaar.co.ke nor shall CarBazaar.co.ke have any obligations or liabilities in respect of such contract. CarBazaar.co.ke is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of cars which are out of stock or otherwise unavailable. All cars are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
(f) You release and indemnify CarBazaar.co.ke and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, CarBazaar.co.ke cannot control the information provided by other Users which is made available on the Site. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
(g) By using CarBazaar.co.ke and filling any form on our site, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status.
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If CarBazaar.co.ke is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or CarBazaar.co.ke; or
CarBazaar.co.ke may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with CarBazaar.co.ke or use the Site in any manner whatsoever until such time that such User is reinstated by CarBazaar.co.ke. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, CarBazaar.co.ke reserves the right to recover any damages and amounts due and owing by you to CarBazaar.co.ke and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
(a) CarBazaar.co.ke strongly advises you not to test the Site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by CarBazaar.co.ke. Please be aware that even if you do not giveCarBazaar.co.ke your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
(b) Used cars listed on CarBazaar.co.ke for sale may be purchased by individuals for own use only. These cars may not be purchased by dealers, brokers, or any other business entity and such a purchase would constitute a violation of the terms and conditions of CarBazaar.co.ke. Dealers and brokers may email support@CarBazaar.co.ke for paid packages for purchasing vehicles.
(c) It is not permitted to submit a lead or to enquire against a used car listing on CarBazaar.co.ke for any other purpose than contacting the seller with the intent of purchasing the vehicle for own use by individuals. Amongst others, it is not permitted to submit a lead or to enquire against a used car listing on CarBazaar.co.ke by any type of user, including but not limited to individuals, dealers, brokers, or other business entities, for purposes of data gathering, data mining, relisting on another site, brokering, match-making with other buyers, or purchase for resale.
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
(ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that CarBazaar.co.ke shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CarBazaar.co.ke has been advised of the possibility of such damages).
14 . Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and CarBazaar.co.ke and you shall have no authority to bind CarBazaar.co.ke in any manner whatsoever.
15 . Arbitration
If any dispute arises between you and CarBazaar.co.ke during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by CarBazaar.co.ke. The place of arbitration shall be Nairobi. The arbitration proceedings shall be in the English language.
16 . Governing Law
The User Agreement shall be governed and construed in accordance with the laws of Kenya.