TERMS AND CONDITIONS:

Trust, Reliability and Credibility are the core filters through which we will enlist partners on our website to ensure the best experience of our customers. However, as with all online platforms prudence must be employed while making any dealings online. Please Read through our terms and conditions and be adequately advised.

 

A)      Buyer Terms and Conditions

Please read this agreement carefully before accessing or using the information and services available through the CarDuka website ("Site"). By accessing or using the site, you agree to be bound by the terms and conditions below. CarDuka may modify this agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Site. Advertiser Terms and Conditions must be accepted and adhered to by Advertisers who use CarDuka's services and the Site.

 

1. Copyright and Trademarks
Copyright in the material and trademarks on this Site are owned by CarDuka unless otherwise indicated and you agree not to infringe duplicate, reproduce or in any way tamper with any intellectual property rights owned by CarDuka.

 

2. Information for personal, non-commercial use only
· You agree that information contained on this site is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

· You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this or any other version of the Site including but not limited to code, images, advertising content, general content, pricing data, vehicle advertisements, advertiser details, user interface design and software. You must not use this Site for any purpose that is unlawful or prohibited by these terms of use.

· You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on your own website or in any other publication, except with our prior written consent.

· You hereby expressly consent and authorize CarDuka to disclose receive record or utilize your personal information or information or data relating to your use of the site for reasonable commercial purposes connected to your such as marketing and research related activities.

3.  Information does not represent professional advice

You acknowledge and agree that information published by CarDuka is intended to provide general information in summary form on legal and other issues.

CarDuka does not endorse or recommend any of the vehicles, dealers, importers, buyers, agents or products advertised on its Site and CarDuka strongly recommends that prior to entering into any agreement with any of the advertisers on the Site, that you obtain your own independent legal, accounting, financial, customers, mechanical, roadworthiness or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, vehicles, products and other information provided through the Site or on the Internet generally.

In no event will CarDuka be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Site.

 

4. No guarantees of availability
CarDuka gives no guarantee to you of the continued availability of any particular vehicle or product advertised on the Site and will not be liable to you should an advertiser have sold the vehicle at any time prior to removal of the advertisement from the Site.

Whilst CarDuka takes efforts to ensure that vehicles advertised are genuine and that the data presented about the vehicle is accurate, it gives no guarantee to you that every vehicle or description is free from errors or inaccuracies.

 

5. No guarantees or endorsements of sites or services we link to or that link to us
CarDuka may provide links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of CarDuka and CarDuka is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. CarDuka is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CarDuka of the linked site. CarDuka is not responsible for the copyright compliance of any linked site. CarDuka will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

6. No guarantees as to the service
CarDuka provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that CarDuka cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data and defects in your equipment used to access the site.

7. Our rights to use information you send us
CarDuka welcomes ideas and feedback from you about all aspects of the Site. You agree that CarDuka may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email or any other form of communication to CarDuka.

8. No guarantees as to security of your information
While CarDuka takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on CarDuka systems or on CarDuka's Site. CarDuka disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

 

B)      LIMITATION OF LIABILITY

Other than as set out in this Agreement, and to the extent permitted by law, all implied and express warranties in respect of the Advertising Services are hereby excluded.

CarDuka’s liability to the Advertiser under this Agreement is limited, in aggregate in respect of all claims or causes of action, to the sum of Fees paid or payable in respect of the Advertising Services to which the claim or cause of action relates.

In no event will CarDuka be liable to the Advertiser for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

The Advertiser acknowledges and agrees that:

  1. The CarDuka Website functions merely as a medium through which individuals seek to purchase or sell vehicles;
  2. CarDuka does not vet nor is it responsible for vetting Ad respondents; and
  3. CarDuka is not liable in anyway whatsoever for any loss, costs, damages or loss of profits sustained as a consequence of the Advertiser engaging in any transaction with any person sourced through the CarDuka Website
  4. Any amount claimed by the Advertiser will be reduced proportionally to the extent that any loss, damage, liability, claim or expense is directly or indirectly caused, or contributed to, by the Advertiser.
  5. CarDuka is not liable for the source of car listed on the platform. Liability squarely lies with the advertiser.
     

C)      INDEMNITY

The Advertiser agrees to fully indemnify and hold CarDuka harmless against any expenses, costs, loss (including consequential loss) or damage that CarDuka may suffer or incur as a result of or in connection with:

i.  a breach of this Agreement by the Advertiser;

ii. any willful, unlawful or negligent act or omission by the Advertiser;

iii. the use of the CarDuka Website by the Advertiser; and

iv. The publication by CarDuka or any other person of the Advertisers Ad.

D)     OWNERSHIP AND LICENCE

             i. CarDuka acknowledges that the Advertising Materials are owned by or licensed to the Advertiser.

             ii. The Advertiser grants CarDuka a nonexclusive, royalty free, worldwide license to use, copy, perform, reproduce, display, transmit and distribute the Advertising Material for the purposes of performing its obligations pursuant to this Agreement.

             iii. The Advertisers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to CarDuka without CarDuka's prior written approval.

E)      VARIATION

CarDuka may, in its absolute discretion, modify or amend these Terms and Conditions without notice to the Advertiser and such modification or amendment will be binding on the Advertiser at the expiration of the notice. The Advertiser must thereafter comply with the amended Terms and Conditions or terminate this Agreement as set out herein.

 

F)       PLACING AN ADVERTISEMENT

In order to place an advert:

i. CarDuka goes through a list of credible car advertisers/dealers.

ii. CarDuka makes a physical visit to the dealership to identify its location and possible size of the dealership.

iii. CarDuka then creates an account for the advertiser and sends log in credentials to be able to give advertiser access to posting cars on the website.

 

G)           MISCELLANEOUS

i. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

ii. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

iii. No failure or delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

iv. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

v. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

vi. This Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya