Autofiti Marketplace (autofiti.co.ke) provides a platform for buying and selling cars, vehicle parts, and automotive services, offering User Group plans (Free, Starter, Pro, Elite), premium features, Business Profiles, banner ads, and a Sell on Behalf service. This Disclaimer outlines the limitations of our liability and responsibilities, ensuring transparency in compliance with the Consumer Protection Act 2012 and Data Protection Act 2019 of Kenya. By using the Platform, you acknowledge and agree to these terms.
No Warranty
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The Platform, including all services such as User Group plans, premium features (e.g., marking listings as premium, highlighting), Business Profiles, banner ads (charged per click or view), and Sell on Behalf, is provided “as is” and “as available” without warranties of any kind, express or implied.
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Autofiti does not guarantee the accuracy, completeness, reliability, or performance of the Platform, its content, or services, including listings, profiles, or advertisements.
User Transactions
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Users are solely responsible for their transactions, including verifying the accuracy of listings (e.g., vehicle condition, NTSA logbook), Business Profile details, and the identity of buyers or sellers.
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Autofiti is not liable for any losses, damages, or disputes arising from transactions, including:
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Inaccurate, fraudulent, or misleading listings.
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Defects in vehicles, parts, or services.
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Non-delivery of purchased items or services.
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Financial losses from transactions.
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For Sell on Behalf services, Autofiti facilitates sales but does not guarantee a sale, specific sale price, or buyer satisfaction. Users remain liable for the accuracy of item details and condition.
Platform Performance
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Autofiti does not guarantee uninterrupted, error-free, or secure access to the Platform.
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We are not liable for:
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Technical issues, such as downtime, slow performance, or data loss.
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Failure of premium features, banner ads, or Sell on Behalf services to achieve desired results (e.g., low ad engagement or no sale).
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Delays in listing publication or transaction processing due to technical or verification issues.
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Third-Party Services
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The Platform integrates third-party services, including payment processors, analytics tools, and advertising networks (e.g., Google AdSense).
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Autofiti is not liable for:
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Errors, downtime, or data breaches caused by third-party services.
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Content or performance of third-party advertisements displayed on the Platform.
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Data handling practices of third parties. See Privacy Policy for details.
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User Content
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Users are responsible for ensuring their content, including listings, Business Profile materials (e.g., logos, descriptions), and banner ad creatives, is accurate, lawful, and does not infringe intellectual property rights.
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Autofiti is not liable for:
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Copyright or trademark infringement by user content.
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Offensive, misleading, or unlawful content posted by users.
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We may remove non-compliant content without notice or refund, per our Terms and Conditions.
Fraud and Security
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Users must take precautions to prevent fraud, such as verifying documentation (e.g., NTSA logbooks), inspecting items, and securing payment methods.
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Autofiti is not liable for:
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Fraudulent activities by buyers, sellers, or third parties.
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Unauthorized access to user accounts due to weak passwords or user negligence.
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Data breaches or cyberattacks, despite our reasonable security measures. See Security Tips.
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Sell on Behalf Specific Disclaimers
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Autofiti does not guarantee the success of Sell on Behalf listings or the achievement of a specific sale price.
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We are not liable for buyer disputes, item defects, or non-delivery after facilitating a sale.
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Any optional premium features or banner ads used in Sell on Behalf are at the user’s discretion and risk, with no guaranteed outcomes.
Limitation of Liability
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To the fullest extent permitted by Kenyan law, Autofiti, its affiliates, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:
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Use or inability to use the Platform or its services.
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Transactions, disputes, or fraud between users.
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Performance or non-performance of services, including premium features, banner ads, or Sell on Behalf.
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Errors, omissions, or inaccuracies in listings or Business Profiles.
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Our maximum liability, if any, is limited to the amount paid for the specific service in the preceding 12 months.
Indemnification
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You agree to indemnify and hold Autofiti harmless from any claims, losses, or damages (including legal fees) arising from:
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Your use of the Platform or services.
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Your content, including listings, Business Profiles, or banner ads.
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Your violation of these terms, applicable laws, or third-party rights.
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Disputes with other users (e.g., buyers in Sell on Behalf transactions).
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Governing Law
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This Disclaimer is governed by Kenyan law.
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Disputes will be resolved through arbitration in Nairobi, per Kenyan arbitration laws.
Changes to This Disclaimer
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Autofiti may update this Disclaimer to reflect changes in our services or legal requirements.
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Updates will be posted on the Platform and effective upon posting.
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Continued use of the Platform constitutes acceptance of the updated Disclaimer.
Contact Us
For questions about this Disclaimer, contact:
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Email: [email protected]
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