TERMS AND CONDITIONSThese Terms and Conditions (T&Cs) govern the use andaccessibility of AUTO SELECTION’S website. The use ofour platform is a clear and unequivocal acceptance ofthese Terms and Conditions. Please read the T&Cs setout herein below:1. DEFINITIONS1.1 “Buyer” means a person who purchases or agrees topurchase a motor vehicle advertised on the AUTO SELECTION website.1.2 “Auto Selection” means Auto Selection 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 sella motor vehicle.1.5 “Terms” means these terms and conditions herein.1.6 “User” means a person who has a registered account on AUTO SELECTION’s website.2. CONTENTAUTO SELECTION exercises diligence and due care withregards to the information it has posted on its website.This information shall only be a genuine description of thephysical appearance of the motor vehicles. Thisdescriptive information shall not be construed as aninducement to the buyers to purchase the motor vehicles solely based on the description. AUTO SELECTION shallnot be liable for any loss arising due to the sole relianceon 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 theyare under 18 years of age (by using our websiteplatform or agreeing to these general terms andconditions, the users warrant and represent to us thatthey 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 and mobile platforms.• 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 berequired to provide personal details such as the name,contact details such an email address, user ID andpassword and the user agrees to:i. Keep the password confidential;ii. Notify us in writing immediately, using ourcontact details provided in the website, if theuser becomes aware of any unintendeddisclosure of your password; andiii. Be accountable for any activity on our websiteplatform arising out of any failure to keep yourpassword confidential, and that you may be heldliable 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 websiteplatform at their own discretion.4. CONDITIONS OF THE SALE OF MOTOR VEHICLESUsers acknowledge and agree that:i. The website provides an online platform for sellers to sell and buyers to purchase motor vehicles;ii. AUTO SELECTION is not a party to the transactionsbetween 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 qualityand conform in all material respects to thedescription posted on the website platform by theseller 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 vehicleis subject to any third party rights or restrictions.5. PAYMENT TERMS • Users shall pay AUTO SELECTION as per the following subscriptions:i. Monthly (1 month)ii. Quarterly (3 months)iii. Semi-annually (6 months) oriv. Annually (12 months)• Monthly payments should be made at the beginning ofevery month before a User is allowed to post on AUTOSELECTION’s site. Once the monthly payment is usedup, the listings will automatically expire and beremoved 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. Mpesaii. Visaiii. PesaLinkiv. Any other online payment method accepted by our website*NB: CASH PAYMENTS ARE NOT ACCEPTABLE*DISCOUNTSUsers may be granted discounts from time to time at AUTO SELECTION’s discretion. All discounts must beapproved by AUTO SELECTION and your account managershall coordinate the approval process. 6. WARRANTYAUTO SELECTION 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 LIABILITYAUTO SELECTION shall not be liable to theBuyers/Sellers/Users for the direct, indirect orconsequential loss or damages, expenses or other claimsof compensation occasioned upon its users be it due toillegal conduct of other users or third parties.AUTO SELECTION shall not be liable for any defamatory remarks, impropriety or offensive conduct of the its usersor of any other third parties.AUTO SELECTION 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 CONDITIONSIf you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions or any of AUTO SELECTION’s policies and guidelines, we shall: i. Temporarily suspend your account;ii. Permanently bar you from accessing your account;iii. Delete your account; and/oriv. Institute legal proceedings against you for breach of these terms. 9. PRIVACYAUTO SELECTION shall implement and maintainreasonable measures to protect personal data that shallbe submitted by its users. Such personal data shall bekept private and in accordance with the Data ProtectionAct, 2019.This information shall not be shared with any third partiesat all instances.10. INTELLECTUAL PROPERTYAUTO SELECTION 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 AUTO SELECTION’s IntellectualProperty.11. INDEMNITY• Users shall indemnify AUTO SELECTION against all liability and claims arising due to loss occasioned uponother users and/or third parties as a result of any illegalconduct, fraud inducement and misrepresentation caused by such users.• Users shall indemnify AUTO SELECTION against any andall losses, damages, costs, liabilities and expenses(including without limitation legal expenses and anyamounts paid by us to any third party in settlement ofa claim or dispute) incurred or suffered by us andarising directly or indirectly out of the use of ourwebsite platform or any breach by the user of anyprovision of these terms and conditions.• Users shall indemnify AUTO SELECTION 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 LAWThese terms and conditions shall be governed by and construed in accordance with the laws of Kenya.Any disputes relating to these terms and conditions shallbe subject to the exclusive jurisdiction of the Kenyan courts.13. ENTIRE AGREEMENTThese terms contain the full and complete understandingbetween AUTO SELECTION and its users and supersedes,replaces and cancels all prior arrangements orunderstandings whether written or oral pertaining to theprovision of the services outlined herein and may not bevaried except by an instrument in writing.14. WAIVERNo waiver by AUTO SELECTION 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. SEVERABILITYEach Clause of these Terms and conditions shall be andremain separate from and independent of and severablefrom all and any other paragraphs herein except whereotherwise indicated by the context of this Agreement.The decision or declaration that one or more of theClauses are null and void under any enactment or rule of law shall have no effect on the remaining Clauses ofthese Terms and conditions.16. ASSIGNMENTThe users shall not assign their rights and obligations under these terms and conditions without the prior written consent of AUTO SELECTION.17. DISPUTE RESOLUTION AND ARBITRATIONAny 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 TERMSThese terms shall be modified by AUTO SELECTION from time to time as need arises without reference toyourselves. AUTO SELECTION shall notify its users of these modifications.19. INTENTION TO BE BOUNDThese terms and conditions are binding upon AUTO SELECTION and all its users.