Terms & Conditions

Introduction

The platform (the “Site”) is owned and operated by Automotiv.cc Ltd (“Automotiv.cc”).

These Terms and Conditions (the “Terms”) govern your access to and use of the Site and any information, text, links, graphics, photos, videos, or other materials or arrangement of materials uploaded, downloaded or appearing on the Site (collectively referred to as “Content”)

By registering, logging into, visiting and/or otherwise using the Site in any way, you, the User, explicitly agree to comply with and be bound by these Terms.

Site Usage

You may use the Site only if you agree to form a binding contract with Automotiv.cc.

Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Site. You understand that by using the Site, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Site Content

All the Content presented on this Site is owned by Automotiv.cc and is protected by copyright and other intellectual property laws.

The Content is intended for personal and non-commercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and non-commercial entertainment, information or use, provided you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Automotiv.cc.

Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to feedback@automotiv.cc.

Users’ Content

By submitting Ads (“Listings”), posting comments, photos, videos and/or other form of content (“Materials”) to the Site, you hereby grant to Automotiv.cc a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sub-licensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Materials in any and all media or distribution methods (now known or later developed).

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned byAutomotiv.cc and its affiliates. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The “Automotiv.cc” name and logo are trademarks of Automotiv.cc Ltd. Other product and company names herein may be trademarks of their respective owners.

Linking

If you operate a website and wish to link to the Site, you must link to the Site’s home page unless permission otherwise has been granted in writing by Automotiv.cc. Automotiv.cc reserves the right to reject or terminate any links to the Content or the Site.

Forums

The Site offers a commentary function on Ads and blog posts (“Forums”) as a way to give Users an interesting and stimulating platform in which they can express their opinions and share their ideas.

Automotiv.cc does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these comments sections. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a comment in the Forum, you agree to abide by these Terms. You may not use the Site’s Forums to engage in any Prohibited Activities (as defined below).

Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Listings

By listing your vehicle or part for sale through the Site’s “Sell My Car” and “Sell My Part” service (the “Listing Service”), you acknowledge and agree to abide by the Selling Terms.

The information on vehicles provided through the Listings Service is supplied by the Seller or other third parties; Automotiv.cc is not responsible for the accuracy of such information.

Automotiv.cc does not sell vehicles directly and is never a party to any transaction between buyers and sellers that originates from information found on the Site. As a result, Automotiv.cc does not (a) guarantee any vehicle or any transaction between a buyer and seller, (b) collect or process any payments on behalf of buyers or sellers, or (c) store, ship or deliver any vehicles.

Automotiv.cc Rights

Given the nature of the Site and the volume of comments and listings, Automotiv.cc cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Automotiv.cc however reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason.

By using the Site, you expressly agree that Automotiv.cc (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials/Content and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability.

Representations

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person.

Indemnity

You agree to release, defend, indemnify and hold Automotiv.cc and its respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including lawyers’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to Automotiv.cc Users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other Users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Site’s Forums advertise or promote products and services to Automotiv.cc Users (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Automotiv.cc’s hardware and software infrastructure (collectively referred to as, “Prohibited Activities”).

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. AUTOMOTIV.CC AND ITS AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS, AND AUTOMOTIV.CC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO VEHICLES AVAILABLE ON THIS SITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. AUTOMOTIV.CC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR SELLER OF ANY VEHICLE AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE VEHICLE, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A VEHICLE ADVERTISED ON THE SITE. AUTOMOTIV.CC CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. AUTOMOTIV.CC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A VEHICLE MUST BE ADDRESSED WITH THE SELLER PRIOR TO THE SALE OF THE VEHICLE. EXCEPT AS EXPRESSLY SET FORTH IN THE SELLING RULES, AUTOMOTIV.CC DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL SELL YOUR VEHICLE, OBTAIN AN ACCEPTABLE PRICE FOR YOUR VEHICLE, ONLY RECEIVE LEGITIMATE ENQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS, OR RECEIVE ANY ENQUIRIES REGARDING YOUR VEHICLE FOR SALE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, “THIRD-PARTY” DOES NOT INCLUDE YOU.

Limitation of Liability

AUTOMOTIV.CC, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF AUTOMOTIV.CC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FOR ANY CLAIM EXCEED FIFTY DOLLARS (KSH. 5,000).

Termination

You understand and agree that inAutomotiv.cc’s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Automotiv.cc may exercise any other remedy available and remove any Materials, if Automotiv.cc believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms (ii) the rights of Automotiv.cc, any Affiliate, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature.

Miscellaneous

These Terms may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms on this page of the Site. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.

Automotiv.cc may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability.

This Site includes links to other websites not established or supervised by Automotiv.cc. Automotiv.cc does not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

These Terms will be governed by and construed in accordance with the laws of Kenya without regard to its conflicts of law provisions.

As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Failure by Automotiv.cc to enforce any provision of this Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms. These Terms constitute the entire agreement between the parties regarding the subject matter hereof. Neither these Terms, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

 

Effective

Wed, 8 Nov 2017