Terms and Conditions

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. DEFINITIONS 

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.  

2. CONTENT 

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: 

i. Mpesa 

ii. Visa 

iii. PesaLink 

iv. Any other online payment method accepted by our website 

*NB: CASH PAYMENTS ARE NOT ACCEPTABLE* 

DISCOUNTS 

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. 

6. WARRANTY 

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. 

9. PRIVACY 

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.

11. INDEMNITY 

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. 

14. WAIVER 

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. 

15. SEVERABILITY 

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. 

16. ASSIGNMENT 

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.<

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