Terms & Conditions

Do you need to sell your car in a safe, fast and smart way?

THESE TERMS OF USE WERE UPDATED ON 16TH JULY, 2020.

PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PLATFORM.

Acceptance

Cars45 Limited (“Company”, “we”, “us”, “our”) provides services which facilitate the users of the website at www.cars45.com,other affiliated websites/sub-domains and the mobile application (collectively to be referred as the “Platform”) to sell their Vehicles (“Vehicle”) in a convenient manner (collectively to be referred as the “Services”). Your use of the Platform and the Services are subject to these Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any content on the Platform

By proceeding to use the Platform, you warrant that you are eligible to contract under applicable laws and you are authorised under law to the sell the Vehicle, the details of which you have provided on the Platform. If you are using or accessing the Platform as a representative of any person/entity, you acknowledge that you are legally authorised to represent such person/entity. You affirm that you are at eligible and competent as per the applicable laws to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

These Terms may be updated by us at any time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with our Platform in any way, your only option is to immediately discontinue using the Platform.

Description of Platform and Services

The Platform helps you in selling, buying and exchanging used Vehicles in convenient and hassle-free manner.

Seller

You can avail our Services by entering your contact information and the details of your Vehicle in the contact form available on our Platform’s homepage. Based on the information provided by you, we will provide you a tentative instant valuation (“Instant Valuation”) of your Vehicle. Please note that this instant valuation of your Vehicle is just an indicative value based on the information provided by you in the contact form and the final value of the Vehicle is subject to physical inspection and valuation done through our dealer auction tool (“Auction Tool”).

Upon receiving Instant Valuation of your Vehicle through our Platform, you may book an appointment for physical inspection of your Vehicle through our Platform by sending or by walking into any of our Inspection centres. Depending on your choice the physical inspection can either take place at our inspection centre close to you or you can schedule a remote inspection at the comfort of your home, office, etc. The appointment shall be confirmed by our Sales officers via a phone calls. In the event you do not reach the inspection centre or you are not at home at the time indicated by you in the appointment, you may reschedule your appointment by calling on the abovementioned contact details or your appointment may stand cancelled.

The inspection shall be conducted by our authorised vehicle inspection agents. The physical inspection may involve overall inspection of your Vehicle based on our standard inspection checklist which includes but is not limited to the examination of model, mileage, condition and the relevant documents of your Vehicle. You hereby authorise us to inspect and capture images and other specifications of your Vehicle in order to provide you the actual valuation of the Vehicle. You also hereby understand that Actual Valuation is also subject to change and on the basis of this valuation your Vehicle shall be auctioned on our Auction tool. Further, you grant us the right to share your contact information and details of your Vehicle to any third party in connection with the transaction contemplated under the Services being provided by us.

You hereby acknowledge and understand that in order to arrive at the actual price at which the Vehicle shall be bought by us or our authorised dealers (“Sale Price”), we may upload the Actual Valuation of the Vehicle along with other details as collected from you through this Platform or at the time of inspection, on our Vehicle dealers’ auction tool (“Auction Tool”), operated by us. You may agree to sell your Vehicle at such Sale Price or in case you are not satisfied by the Price, you have the right to refuse such offer. In the event you accept the offer, we will provide you the Sale Price on behalf of the Dealer in your account upon signing of relevant documentation.

Although Cars45 reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the Services are provided "AS-IS" and that Cars45 assumes no responsibility for the condition of a vehicle(s) and/or related services.

In addition, when using particular Cars45 services, you and Cars45 shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

Account, Registration and Access

The Service as provided by our Platform is available without creating an account but subject to providing the details as required in the Contact Form. You agree to provide us true, accurate, current and complete information about yourself in the Contact Form and promptly update us in the event of any change in the information provided.

You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.

Buyer

By searching the automotive and services listings that have been posted on the Platform for a purchase, you are designating yourself as a "Buyer". Buyers are entities that are potentially interested in purchasing one of the automobiles or services that have been posted on the Platform.

The Platform provides a venue whereby Customers or potential buyers can view automobiles and/or related automotive services (where available) that may be of interest to them, and the information that is available for a buyer who is an authorized dealer to place a bid on a vehicle and/or purchase a related service(s).

As a Buyer, you can utilize the Platform to choose from an extensive variety of Pre-Inspected and affordable vehicles and verify the location of the authorized dealer Lot closest to you which offers the vehicle(s) you are interested in purchasing. Each vehicle displayed and offered for sale on the Platform has its Mileage, Year of make, Model, display photo and Unique Car Identification number for ease of reference

You shall be provided with a detailed inspection report of the vehicle’s condition which assists you in streamlining and making your purchase decision. You are free to come along with your Mechanic and/or Technician to check the vehicle’s condition before purchase.

You shall be provided with designated bank details for payment for your preferred vehicle, sign the required documents and drive away with your newly purchased vehicle(s).

As a buyer, the Service to purchase as provided by our Platform is available without creating an account but subject to providing the details as required in the Contact Form. You agree to provide us true, accurate, current and complete information about yourself in the Contact Form and promptly update us in the event of any change in the information provided. You hereby unconditionally allow us and our service providers to contact you via email, text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication.

Buying as Registered “dealer”

As a buyer interested in becoming a dealer ,subject to meeting pre-qualification criteria which authorizes you to obtain access to many of the features on the Platform, you will be given the opportunity to register with Cars45. Cars45 requires Dealers to register if they wish to use any of the features of the website. Only a Dealer can place bids on any vehicle that is posted for auction on the Platform. In consideration of your use of the Service you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by this website's registration form (such information being the 'Registration Data');

(b) maintain and promptly update the Registration Data to ensure that it is at all times true, accurate, current and complete.

If as Dealer you provide any information that is untrue, inaccurate, not current or incomplete, or Cars45 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cars45 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registered members/dealers have access to such features as upcoming schedules of auctions, detailed information related to auction inventories, and can participate in online-bidding. You additionally understand that there are particular features and/or services provided through the Platform that may have their own auction/purchase policies and/or terms of services; by using these features/services you agree to be bound by their respective terms.

Membership on the Platform is only open to individuals 18 years of age and older. Nevertheless, Cars45 reserves the right to deny membership privileges to any individual, in its sole and absolute discretion. Registered buyers, normally known as dealers, must complete the registration form for complete access to all vehicles posted on Cars45.

Cars45 reserves the right to increase the registration and renewal fees at any time and without notice.

By completing your registration as Dealer, we will automatically include you to receive all communications about new products and services from Cars45. From time to time, we may send email updates on special vehicles available for purchase or new product offerings designed to help your business succeed. You hereby unconditionally allow us and our service providers to contact you via text messages or by phone calls and agree that you shall have no claim against us or our service providers under any applicable law in relation to such communication; should you choose to opt out of receiving correspondences, you may utilize the designated email and phone numbers stated on the Platform to stop receipt.

Privacy Policy

We care about your privacy and are committed to protecting your personal data that you provide. Please go through our privacy policy in order to understand how we handle your personal data.

Permitted Use

We authorize you to access, view and use the Platform solely to the extent necessary for you to use the Services. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way our Platform, is strictly prohibited without the prior written permission from us.

You additionally agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.

Disclaimer of warranties

You expressly acknowledge and agree that use of the Platform is entirely at your own risk and that the Platform is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof. We make no warranties or representations about the accuracy or completeness of any content on the Platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of any content made available through the service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the service.

In no event shall we, our officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the service, including without limitation whether the damages arise from use or misuse of the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law.

You agree to defend, indemnify and hold harmless us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms or any contract entered into with us; or (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Platform.

Links to Third Party websites

The Platform may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to the Company. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Company disclaims all liability thereto

Proprietary Rights

You acknowledge and agree that the Services and any necessary software used in connection with the Services ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cars45 or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Trademark Information

Cars45, the Cars45 logo, and other Cars45 brand names and logos are trade-marks of Cars45 Limited. All other company names, brand names and logos used on Cars45 are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from Cars45 or the trade-mark owner.

Copyright Information

The Content on Cars45 is protected by various copyright laws. You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

MISCELLANEOUS

The Terms and the relationship between you and us shall be governed by the laws of the Republic of Kenya. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of the Republic of Kenya.

These Terms and the other policies posted constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

Limitations of liabilities

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS OTHER THAN IN THE REPUBLIC OF KENYA. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Contact Details

You can send your queries and concerns on the contact details provided on the Platform and for further clarifications, you may visit our FREQUENTLY ASKED QUETSIONS Page on the Platform.

Cars45 is commited to keeping your information safe