What Personal Data We Collect And Why We Collect It
“Account” refers to a Bidder’s account created to enable use of
the CARDUKA online bidding services;
“Act” means the Movable Property Security Rights Act and the Hire Purchase Act, Laws of Kenya, and the rules made thereunder and includes any amendment, repeal, modification or re-enactment of the same;
“Applicable Laws” means all applicable Kenyan statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority board or a court in Kenya;
“Bidders” means any individual/entity who being interested in the services offered on this website and having agreed to the terms and conditions herein, has created an account for bidding purposes;
“Bidding Period” means the seven day period that is available to a Bidder to prepare and lodge a bid from the date of first publication of an advertisement to the date the advertisement runs out and bidding is closed;
“Intellectual Property Rights” means all intellectual property rights arising whether registered or unregistered (including any application for registration), including without limitation, all copyright, trademarks, trade names, logos, patents, design rights, database rights and/or know how in relation to the Services;
“Services” means the CarDuka online sale of Vehicles by and all other processes related thereto;
“Vehicle” means the Vehicles listed for sale and available for sale on the CarDuka website;
“We/us” means CarDuka;
“You” means the Bidder;
“Your Content“ shall mean any audio, video text, images or other material you choose to display on this Website. By displaying your Content, you grant CarDuka a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media;
“Vehicle Information“ means any and all information related to a vehicle listed on this website, whether provided in written, oral, or digital form, including but not limited to: year, make, model, body style, color, drive type, engine type, cylinders, fuel type, condition, mileage, odometer, odometer descriptions, location etc.
Any reference to the singular includes a reference to the plural and vice versa, and any reference to the masculine includes a reference to the feminine and vice versa: unless otherwise explicitly provided for;
Headings and captions are used for convenience only and will not affect the interpretation of these Terms and Conditions;
Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees.
3. Registration Of Bidders
Bidders must register to access the Services herein and must create an account and a password to prevent others from accessing the Bidder’s account
A Bidder will be issued with a Registration Number upon successful registration.
Bidder registration numbers are issued solely to individuals/entities registering and are not transferable. You shall be solely and fully responsible for any and all bids made using your registration number.
Bidders are responsible for ALL bids placed under their name and password.
A Bidder shall not participate/ be eligible to participate in the Services unless;
They are competent to enter into a contract under the Applicable Laws;
They agree to comply with our Terms and Conditions;
They confirm that all the information they provide to us is complete and accurate.
4. Online Bidding
All bids MUST be submitted in Kenya Shillings.
A non-refundable bidding fee of Kenya Shillings One Thousand (Kshs. 1,000/-) is chargeable for every bid placed;
A paid bid will only be considered valid if the payment is made within the auction period.
Each Vehicle is placed for advertisement for a period of Seven (7) days.
We shall not be responsible for any failure of the electronic or internet systems to accept or register a bid. This is a Public Competitive Bidding process and as such, all qualified bidders may bid.
5. Terms And Conditions For Sale
The Vehicles are sold on an "as-is, where-is" basis. Bidders therefore advised to make arrangements to view the Vehicles before bidding for the same.
The Vehicles shall be purchased without any warranty, express or implied, including but not limited to any warranty of fitness for a particular purpose or warranty of merchantability.
It shall be the Bidder’s sole responsibility to ascertain, confirm, research, inspect, and/or investigate any Vehicle and all related Vehicle Information before placing any bid or purchasing any vehicle using our Services.
The Vehicle information provided is for convenience only. Any information, guidance, or advice obtained through our Services, including our website and our phone, email, and chat support services, is for informational purposes only.
Any information, guidance, or advice obtained through Our Services shall not form the basis or in any way inform your choice, offer or interest in a vehicle.
The sale of a vehicle will be concluded to the highest bidder following the expiry of the bidding period. The highest bidder will receive an offer, outlining any applicable deductions, remittance account details, settlement duration and any liability on sale applicable. For the avoidance of doubt and unless otherwise agreed by the parties, the settlement duration shall be 24hrs from the date of the award letter; We however reserve the right to reopen the bidding process should a problem arise with the highest bidder.
The highest bidder will be given 24hrs to make payment failure to which all bidders including the highest bidder will receive award letters whose counter offer will be the highest bidder's offer, outlining any applicable deductions, remittance account details, settlement duration and any liability on sale applicable. For the avoidance of doubt and unless otherwise agreed by the parties, the settlement duration shall be Seven (7) days from the date of the award letter;
The party whose cleared funds are received first following expiry of the bidding period and failure of the highest bidder to make payment within 24hrs from the date of the award letter; shall be deemed to be the successful buyer of the Vehicle and shall be bound by the terms and conditions outlined herein.
All sales made are final. There will be no refunds, exchanges or refusals after sale has been made to the party whose cleared funds are received first following expiry of the bidding period.
If as a bidder you commit a part deposit for the purchase of the Vehicle following expiry of the bidding period and a period of seven (7) days lapses without you remitting the balance of the Purchase Price, the Bank shall refund you the said deposit less 3% processing fee and sell the Vehicle to other willing buyers.
The sale will be concluded to the first party whose payment is made in full and cleared following expiry of the bidding period and failure of the highest bidder to make payment within 24hrs from the date of the award letter;
All sales are conducted "inclusive of storage charges" meaning a bidder will not be required to pay storage charges, provided the asset shall be collected within the stipulated period after the sale.
7. Intellectual Property Rights
The ownership of all the intellectual property rights and materials contained in this Website shall vest in us and/or our licensees unless otherwise explicitly stated in writing.
You may not change, adopt, reproduce or in any way make a representation on the information/material contained on this website unless expressly so permitted by ourselves in writing. The rights granted to you as a Bidder are limited to viewing and presenting bids on the material offered on this Website.
You are specifically restricted from all of the following:
publishing this website’s material in any other media;
selling, sublicensing and/or otherwise commercializing this website’s material;
publicly performing and/or showing this website’s material;
using this website in any way that is or may be damaging to this website or the business being conducted hereon;
using this website in any way that impacts user access to this website;
using this website contrary to applicable laws and regulations, or in any way that may cause harm to the website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted and CarDuka may further restrict access to any other areas at any time, in absolute discretion and without prior notice. Any user ID and password you may have for this Website are private and confidential and you are required to maintain privacy of the same.
9. Your Content
Your Content must be your own and must not invade any third-party’s rights. CarDuka reserves the right to remove any of Your Content from this Website at any time without notice.
10. No Warranties
This Website is provided "as is", and CarDuka makes no representations or warranties of any kind relating to this Website or the materials contained on this Website. Further, nothing contained on this Website shall be interpreted as being professional advice to Bidders/Viewers/Consumers of the website.
11. Limitation Of Liability
In no event shall CarDuka or any of its officers, directors or employees be held liable for any action/loss/liability arising from or in any way relating to your use of this Website. CarDuka, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent CarDuka and its officers, directors and employees from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way from your breach of any of the provisions of these Terms and Conditions
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such invalidation shall apply to the particular Terms and Conditions and shall not affect the remaining provisions herein.
14. Variation Of Terms
CarDuka is permitted to revise these Terms and Conditions at any time as it sees fit. You are therefore required to review these Terms and Conditions on a regular basis.
CarDuka is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any prior notification to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
16. Entire Agreement
These Terms constitute the entire agreement between CarDuka and you in relation to your use of this Website, and supersede all other agreements and understandings relating to our services.
17. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Kenya, and by agreeing to these terms you submit to the non-exclusive jurisdiction of the state and courts located in Nairobi for the resolution of any disputes.These Terms and Conditions are an electronic record generated by a computer system and do not require any physical or digital signatures.