TERMS AND CONDITIONS
These Terms and Conditions (T&Cs) govern the use and accessibility of CHEKI’S website. The use of our platform is a clear and unequivocal acceptance of these Terms and Conditions. Please read the T&Cs set out herein below:
1.1 “Buyer” means a person who purchases or agrees to purchase a motor vehicle advertised on the CHEKI website.
1.2 “Cheki” means Cheki Kenya Limited.
1.3 “Contract” means the written agreement for the sale and purchase of motor vehicles between the buyers and the sellers.
1.4 “Seller” means a person who sells or agrees to sell a motor vehicle.
1.5 “Terms” means these terms and conditions herein.
1.6 “User” means a person who has a registered account on CHEKI’s website.
CHEKI exercises diligence and due care with regards to the information it has posted on its website. This information shall only be a genuine description of the physical appearance of the motor vehicles. This descriptive information shall not be construed as an inducement to the buyers to purchase the motor vehicles solely based on the description. CHEKI shall not be liable for any loss arising due to the sole reliance on the posted information.
The potential buyers of the motor vehicles are ADVISED to inspect and test the vehicles prior to making any payments to the sellers.
3. ACCOUNT REGISTRATION
• Users may not register with our website platform if they are under 18 years of age (by using our website platform or agreeing to these general terms and conditions, the users warrant and represent to us that they are at least 18 years of age).
• Users shall register for an account with us by completing and submitting the registration form on our website platform.
• Users represent and warrant that all the information provided in the registration form is genuine and accurate.
• For the registration of an account, each user shall be required to provide personal details such as the name, contact details such an email address, user ID and password and the user agrees to:
i. Keep the password confidential;
ii. Notify us in writing immediately, using our contact details provided in the website, if the user becomes aware of any unintended disclosure of your password; and
iii. Be accountable for any activity on our website platform arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
• The user’s account shall be used exclusively by the user and the user shall not transfer the account to any third party. If the user authorizes any third party to manage their account on their behalf, this shall be at the user’s own risk.
• We may suspend or cancel the users account, and/or edit the account details, at any time on our sole discretion and without notice due to breach of these terms.
• The users may deregister their account on our website platform at their own discretion.
4. CONDITIONS OF THE SALE OF MOTOR VEHICLES
Users acknowledge and agree that:
i. The website provides an online platform for sellers to sell and buyers to purchase motor vehicles;
ii. CHEKI is not a party to the transactions between the sellers and the buyers; The following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
• The selling price of the motor vehicle;
• The selling price shall be inclusive of all taxes;
• The motor vehicles must be of merchantable quality and conform in all material respects to the description posted on the website platform by the seller to the buyer; and
• The seller warrants to the buyer that the seller has good title to, and is the sole legal and beneficial owner of the motor vehicle and that the motor vehicle is subject to any third party rights or restrictions.
5. PAYMENT TERMS
• Users shall pay CHEKI as per the following subscriptions:
i. Monthly (1 month)
ii. Quarterly (3 months)
iii. Semi-annually (6 months) or
iv. Annually (12 months)
• Monthly payments should be made at the beginning of every month before a User is allowed to post on CHEKI’s site. Once the monthly payment is used up, the listings will automatically expire and be removed from the website.
• Periodical subscriptions will be paid at the beginning of the subscription. Listings will be automatically renewed on the website until the end of the subscription. Once the period is over, the listings will automatically expire and be removed from the website. • The following modes of payment are acceptable:
iv. Any other online payment method accepted by our website
*NB: CASH PAYMENTS ARE NOT ACCEPTABLE*
Users may be granted discounts from time to time at CHEKI’s discretion. All discounts must be approved by CHEKI and your account manager shall coordinate the approval process.
CHEKI shall only provide an advertising platform to its users and therefore does NOT WARRANT the fitness or merchantable quality of the motor vehicles.
Buyers are advised to seek the services of certified Auto mechanics prior to making purchases.
7. LIMITATION OF LIABILITY
CHEKI shall not be liable to the Buyers/Sellers/Users for the direct, indirect or consequential loss or damages, expenses or other claims of compensation occasioned upon its users be it due to illegal conduct of other users or third parties.
CHEKI shall not be liable for any defamatory remarks, impropriety or offensive conduct of the its users or of any other third parties.
CHEKI shall not be liable for any loss caused by breach of contract by either the Seller or the Buyer or due to the occurrence of any force majeure events.
8. BREACH OF TERMS AND CONDITIONS
If you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions or any of CHEKI’s policies and guidelines, we shall: i. Temporarily suspend your account;
ii. Permanently bar you from accessing your account;
iii. Delete your account; and/or
iv. Institute legal proceedings against you for breach of these terms.
CHEKI shall implement and maintain reasonable measures to protect personal data that shall be submitted by its users. Such personal data shall be kept private and in accordance with the Data Protection Act, 2019.
This information shall not be shared with any third parties at all instances.
10. INTELLECTUAL PROPERTY
CHEKI owns all intellectual property rights over the website, its contents, features, functionalities, images, videos, audios, texts, displays and designs.
Users shall not cause or permit anything which may damage or endanger CHEKI’s Intellectual Property.
• Users shall indemnify CHEKI against all liability and claims arising due to loss occasioned upon other users and/or third parties as a result of any illegal conduct, fraud inducement and misrepresentation caused by such users.
• Users shall indemnify CHEKI against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of the use of our website platform or any breach by the user of any provision of these terms and conditions.
• Users shall indemnify CHEKI where liability arises against it due to the failure by the users to remit VAT or other relevant Tax liabilities which may arise as a result of sales or purchases made through our website platform.
12. GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of Kenya.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Kenyan courts.
13. ENTIRE AGREEMENT
These terms contain the full and complete understanding between CHEKI and its users and supersedes, replaces and cancels all prior arrangements or understandings whether written or oral pertaining to the provision of the services outlined herein and may not be varied except by an instrument in writing.
No waiver by CHEKI of any breach of any one or more of the terms and conditions shall be considered as a waiver of any subsequent breach or of any other provisions.
Each Clause of these Terms and conditions shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise indicated by the context of this Agreement. The decision or declaration that one or more of the Clauses are null and void under any enactment or rule of law shall have no effect on the remaining Clauses of these Terms and conditions.
The users shall not assign their rights and obligations under these terms and conditions without the prior written consent of CHEKI.
17. DISPUTE RESOLUTION AND ARBITRATION
Any dispute or deadlock arising in connection with these terms shall be referred to arbitration proceedings in accordance with the Kenya Arbitration Act, 1995 and the Rules of the Kenyan chapter of the Chartered Institute of Arbitrators which Rules are deemed to be incorporated by reference to this clause.
The Arbitration shall be held in Nairobi and only the Parties and their legal and other representatives involved with the dispute shall be in attendance.
18. MODIFICATION OF TERMS
These terms shall be modified by CHEKI from time to time as need arises without reference to yourselves. CHEKI shall notify its users of these modifications.
19. INTENTION TO BE BOUND
These terms and conditions are binding upon CHEKI and all its users.<