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Terms and Conditions

Welcome to Autofiti Marketplace (autofiti.co.ke), a platform for buying and selling cars, vehicle parts, and automotive services. These Terms and Conditions govern your access to and use of the Platform, including User Group plans, premium features, Business Profiles, banner ads, and Sell on Behalf services. By using the Platform, you agree to be bound by these terms. If you do not agree, please do not use the Platform.
 
Definitions
  • Platform: Autofiti Marketplace, including its website, mobile apps, and related services for buying/selling cars, parts, and services.
  • User: Any individual or entity accessing or using the Platform.
  • User Groups: Subscription plans (Free, Starter, Pro, Elite) offering varying levels of access and features.
  • Premium Features: Optional enhancements for listings, such as publishing, marking as premium, highlighting, moving to top, republishing, or showing images.
  • Business Profile: A customizable profile showcasing a User’s brand and listings.
  • Banner Ads: Promotional advertisements charged per click (CPC) or per view (CPV).
  • Sell on Behalf: A service where Autofiti manages the sale of a User’s item for a commission.
Eligibility
  • Users must be at least 18 years old and legally capable of entering contracts under Kenyan law.
  • Businesses must be registered with relevant Kenyan authorities (e.g., Business Registration Service).
  • By using the Platform, you confirm your eligibility and authority to agree to these terms.
Platform Services
  • User Groups:
    • Free: Basic access with limited listings and a basic Business Profile (name, contact).
    • Starter: Increased listing limits and a basic Business Profile for small-scale sellers.
    • Pro: Higher listing limits, an enhanced Business Profile (logos, social links), and advanced analytics (e.g., views, click-through rates).
    • Elite: Maximum listing limits, a premium Business Profile (verified badge, banner, dedicated URL), premium analytics, and a discount on Sell on Behalf commissions.
  • Premium Features: Available to all users to enhance listing visibility and engagement, without bundling with User Group plans.
  • Business Profiles: Offered as Basic (Free/Starter), Enhanced (Pro), Premium (Elite), or standalone, enabling users to showcase their brand and listings.
  • Banner Ads: Promote listings or brands via CPC or CPV models, managed through the Autofiti Wallet with customizable budgets and durations.
  • Sell on Behalf: Autofiti manages the sale process, including listing creation, marketing, and buyer negotiations, for a commission. See Sell on Behalf Terms for details.
User Responsibilities
  • Accurate Information: Provide truthful, accurate, and complete information for account registration, listings, Business Profiles, banner ads, and Sell on Behalf submissions (e.g., NTSA logbook details).
  • Lawful Content: Ensure all content (e.g., listing photos, profile logos) complies with Kenyan laws, including the Kenya Copyright Act 2001, and does not infringe intellectual property or third-party rights.
  • Transaction Verification: Verify the accuracy of listings, item conditions, and buyer/seller identities before completing transactions. Autofiti is not liable for fraud, defects, or disputes.
  • Account Security: Maintain the confidentiality of your login credentials and enable two-factor authentication (if available). Report unauthorized access to [email protected] immediately.
  • Compliance: Adhere to all Platform policies, including Privacy Policy, Cookie Policy, Billing Policy, and Disclaimer.
Prohibited Activities
You may not:
  • Post fraudulent, misleading, or unlawful listings, profiles, or ads.
  • Use the Platform for illegal activities, such as selling stolen goods or unregistered vehicles.
  • Infringe intellectual property rights, including using unlicensed images or logos.
  • Attempt to hack, disrupt, or bypass Platform security measures.
  • Harass, defame, or impersonate other users or Autofiti staff.
  • Use automated tools (e.g., bots) to scrape data or manipulate listings.
    Violations may result in content removal, account suspension, or termination without refund.
Payment Terms
  • Payments for User Group plans, premium features, Business Profiles, banner ads, and Sell on Behalf are processed securely via supported methods (e.g., M-Pesa, cards).
  • Autofiti Wallet credits are used for certain services (e.g., banner ads) and expire after 12 months.
  • Payments are non-refunded unless required by Kenyan law. See Billing Policy and Refund Policy for details.
  • Users are responsible for applicable taxes per Kenyan regulations.
Intellectual Property
  • Autofiti owns all Platform content, including logos, designs, and trademarks, protected under the Kenya Copyright Act 2001.
  • Users grant Autofiti a non-exclusive, worldwide, royalty-free license to use, display, and distribute their listings, Business Profiles, and banner ad content for Platform operations and promotion.
  • Users must not use Autofiti’s content, trademarks, or code without written permission.
Third-Party Services
  • The Platform integrates third-party services, such as payment processors, analytics tools (e.g., Google Analytics), and advertising networks (e.g., Google AdSense).
  • Autofiti is not responsible for the performance, availability, or data handling practices of third-party services. See Privacy Policy and Cookie Policy for details.
Liability and Disclaimers
  • The Platform is provided “as is” without warranties of any kind, express or implied.
  • Autofiti is not liable for losses, damages, or disputes arising from:
    • User transactions, including fraud, defects, or non-delivery.
    • Platform downtime, technical errors, or service interruptions.
    • Third-party service failures or data breaches.
    • User content or actions, including intellectual property violations.
  • See Disclaimer for full details on liability limitations.
Termination
  • Autofiti may suspend or terminate your account for violations of these terms (e.g., posting fraudulent listings) without refund or notice.
  • Users may deactivate their account by contacting [email protected]. Outstanding fees remain non-refunded.
  • Upon termination, your access to the Platform and services, including listings and Business Profiles, will cease, and data may be deleted per our Privacy Policy.
Data Protection
  • We collect, use, and share personal information in compliance with the Data Protection Act 2019. Users have rights to access, correct, or delete their data.
  • For details on data handling, retention, and security, see our Privacy Policy and Cookie Policy.
Governing Law
  • These Terms and Conditions are governed by Kenyan law.
  • Disputes arising from your use of the Platform will be resolved through arbitration in Nairobi, per Kenyan arbitration laws.
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