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Terms

Terms of Use

1. Acceptance of these terms

These Terms of Use ("Terms") govern your access to and use of the website at motorschap.com and its features (the "Service"), operated by motorschap ("motorschap", "we", "us" or "our"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Who can use motorschap

You may use the Service only if you are at least 18 years old and able to form a binding contract, and only in compliance with these Terms and all applicable laws. If you use the Service on behalf of an organisation, you confirm you are authorised to bind that organisation to these Terms.

3. What motorschap is — and is not

motorschap is a search engine. It collects and indexes vehicle listings that dealerships across Kenya have published on their own websites, and presents them so you can search them in one place. Each listing links to the dealer selling that vehicle.

motorschap is not, and does not act as:

We do not own, hold, inspect or set the price of any vehicle listed. We do not receive commission on sales and charge buyers nothing.

4. Listings and other information

Listings and related information (including make, model, year, price, mileage, specification, photos, descriptions, location and availability) originate from third-party dealers. We index this content and refresh it periodically, but we do not create, verify or guarantee it.

You acknowledge that:

Search results, rankings, categorisations (such as body type or vehicle type) and any "similar cars" suggestions are generated automatically and are provided for convenience only.

5. Dealing with dealers

Any transaction you enter into is solely between you and the dealer. All matters relating to a vehicle — including price, payment, deposits, finance, roadworthiness, condition, ownership, documentation, delivery, returns and any warranty or after-sales support — are the responsibility of you and that dealer.

motorschap is not responsible for the acts or omissions of any dealer and gives no assurance about any dealer's identity, legitimacy, licensing or conduct. Do your own due diligence, be cautious about paying deposits before a physical inspection, and use secure, traceable payment methods.

6. No professional advice

Content on the Service is general information only. It is not legal, financial, tax, insurance or mechanical advice, and you should not rely on it as such. Seek advice from a qualified professional where appropriate.

7. Acceptable use

You agree not to:

We may investigate and take action — including blocking access — for any suspected breach.

8. Intellectual property

The Service as a whole — including its name, logo, design, text, graphics, layout, software, and the selection, arrangement and presentation of listings (the database and compilation) — is owned by motorschap or its licensors and is protected by intellectual property laws. Individual listing content, dealer names, logos and vehicle photographs remain the property of the respective dealers or rights holders.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Service for your own non-commercial use in searching for a vehicle. No other rights are granted.

9. Dealers and takedown requests

If you are a dealer and want your public listings indexed, email us your website at info@motorschap.com. Listing is free.

If you are a dealer or rights holder and want a listing corrected or removed — or believe content on the Service infringes your rights — contact us at the same address with details, and we will review and action reasonable requests within a reasonable time. We may remove, decline or stop indexing any listing or source at our discretion.

10. Third-party links and services

The Service links to dealer websites and relies on third-party services (such as analytics and exchange-rate data). We do not control those sites or services and are not responsible for their content, availability, accuracy or practices. Accessing them is at your own risk and subject to their terms.

11. Availability of the service

The Service is provided on an "as is" and "as available" basis. We may change, suspend, limit or discontinue any part of it, including features and the set of dealers indexed, at any time and without notice. We do not guarantee that the Service will be uninterrupted, timely, secure or error-free.

12. Disclaimers

To the fullest extent permitted by law, motorschap disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty as to the accuracy, completeness, currency or reliability of any listing or other content, or as to any dealer or vehicle.

13. Limitation of liability

To the fullest extent permitted by law, motorschap and the people who work on it will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, arising out of or relating to your use of (or inability to use) the Service.

In particular, we are not liable for any loss or damage arising from: your reliance on any listing or other content; any dealing with, or conduct of, a dealer or other third party; any vehicle bought or not bought; or any payment made to any party.

Where liability cannot be excluded but can be limited, our total aggregate liability arising out of or relating to the Service is limited to KES 10,000. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

14. Indemnity

You agree to indemnify and hold harmless motorschap and the people who work on it from and against any claims, losses, liabilities and reasonable expenses (including legal fees) arising out of your misuse of the Service or your breach of these Terms or of any law or third-party right.

15. Privacy

Our handling of information is described in our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

16. Changes to these terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date above. Your continued use of the Service after changes take effect means you accept the revised Terms.

17. Governing law and disputes

These Terms and any dispute or claim arising out of or in connection with them or the Service are governed by the laws of Kenya. You and motorschap submit to the exclusive jurisdiction of the courts of Kenya, without prejudice to any mandatory consumer protections available to you under Kenyan law.

18. General

19. Contact us

Questions about these Terms can be sent to info@motorschap.com, or by post to motorschap, Nairobi, Kenya.

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