Last Updated: July 4, 2025
These Terms and Conditions (“Terms”) govern your access to and use of the Autofiti platform, including our website (autofiti.co.ke), mobile application, and related services (collectively, the “Platform”), operated by Autofiti. The Platform facilitates the buying and selling of vehicles (including cars, motorcycles, and trucks) and automotive parts and accessories. By accessing or using the Platform, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Autofiti. If you do not agree with these Terms, you may not use the Platform.
These Terms apply to all Platform activities, including listing vehicles or products, purchasing membership plans, utilizing paid promotions, engaging our Sell on Behalf service, and processing payments. Please read these Terms carefully and review them periodically, as they may be updated.
1. General Provisions
1.1 Eligibility: To use the Platform, you must be at least 18 years of age and possess the legal capacity to enter into contracts under the laws of Kenya. By accessing the Platform, you represent and warrant that you meet these requirements.
1.2 Scope of Services: Autofiti operates as an online marketplace connecting buyers and sellers of vehicles and automotive parts and accessories. We provide membership plans, paid promotional services, and a Sell on Behalf service. Unless utilizing the Sell on Behalf service, Autofiti is not a party to transactions between users.
1.3 Governing Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms or your use of the Platform shall be resolved exclusively in the courts of Nairobi, Kenya.
1.4 Amendments: Autofiti reserves the right to amend these Terms at its sole discretion. Updated Terms will be posted on the Platform, and your continued use constitutes acceptance of such changes. You are responsible for reviewing these Terms regularly.
2. Use of the Platform
2.1 User Accounts:
You must register an account to access certain features, such as listing items, purchasing memberships, or engaging paid services. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
You are responsible for safeguarding your account credentials and promptly notifying Autofiti of any unauthorized access.
Autofiti may implement SMS verification or Know Your Customer (KYC) procedures, such as identity verification, for accounts suspected of fraudulent activity or for users engaging the Sell on Behalf service.
2.2 Acceptable Use:
You shall use the Platform solely for lawful purposes, in compliance with all applicable Kenyan laws, including but not limited to the Consumer Protection Act 2012, Sale of Goods Act, and Traffic Act.
You shall not post fraudulent, misleading, or prohibited listings, including stolen vehicles, counterfeit parts, or non-automotive items.
You shall not engage in activities that disrupt the Platform, such as spamming, harassment, or unauthorized access attempts.
Autofiti reserves the right to suspend or terminate accounts for violations of these Terms, at its sole discretion.
2.3 Platform Limitations:
The Platform is provided on an “as-is” basis without guarantees of uninterrupted or error-free operation, due to potential technical constraints.
Active listings may count toward membership quotas, but all listings expire after 30 days, enabling quota refreshment.
You use the Platform at your own risk, and Autofiti shall not be liable for losses arising from technical issues or service interruptions.
3. Listings and Transactions
3.1 Vehicle Listings:
Sellers must provide accurate and complete details for vehicle listings, including make, model, Vehicle Identification Number (VIN), mileage, and condition, in compliance with National Transport and Safety Authority (NTSA) and Kenya Revenue Authority (KRA) requirements, such as valid logbooks and roadworthiness certificates.
Listings must be truthful and not misleading, as required by the Consumer Protection Act 2012.
All listings expire after 30 days but may be republished at no additional cost within an active membership period or for a fee for non-members.
3.2 E-commerce Listings (Parts and Accessories):
Listings for automotive parts and accessories must describe genuine products accurately and comply with applicable laws.
Sellers appointed by Autofiti for e-commerce transactions must adhere to vetting and payment processing requirements.
E-commerce listings expire after 30 days, with free republishing available within active membership periods.
3.3 Buyer and Seller Interactions:
Buyers and sellers, whether private individuals or dealers, may interact directly through the Platform’s communication tools (e.g., chat or calls).
Unless utilizing the Sell on Behalf service, Autofiti is not responsible for transaction disputes, misrepresentations, or the quality of items exchanged.
3.4 Prohibited Listings:
Listings for stolen vehicles or parts, counterfeit products, non-automotive items, or items that violate Kenyan laws or these Terms are strictly prohibited.
4. Membership Plans and Paid Services
4.1 Membership Plans:
Autofiti offers tiered membership plans (e.g., Starter, Enterprise) with periods of 1 to 3 months, which users may extend to longer durations (e.g., 6 or 12 months) through their account settings. Memberships provide benefits such as waived publish fees, listing quotas, and potential credit bonuses.
Active listings count toward membership quotas but expire after 30 days, refreshing available slots.
Membership fees are non-refundable and must be used exclusively on the Platform.
4.2 Publish Fee:
A fee of KSh 50 applies to each published listing, waived for users with active memberships.
Listings expire after 30 days, requiring non-members to pay the publish fee for republishing.
Publish fees are non-refundable.
4.3 Promotional Services:
Paid promotions (e.g., Make Premium, Highlight Item, Auto-Republish) are available to enhance listing visibility.
The Auto-Republish feature allows users to select republish periods (e.g., 1 week, 2 weeks, 1 month) and repeat counts for individual listings, mimicking the visibility of a new listing.
Promotion fees are non-refundable and must be used on the Platform.
4.4 Credit Packs:
Users may purchase credit packs for use on paid services, with potential credit bonuses.
Credits are non-refundable, non-transferable, and must be used exclusively on the Platform.
4.5 Affiliate Program:
Users may earn rewards through referrals, subject to program rules.
Rewards are non-refundable and must be used on the Platform.
4.6 No Refunds:
All payments, including membership fees, publish fees, promotion fees, and credit packs, are final and non-refundable.
Users are advised to proceed with caution, as all funds must be consumed on the Platform. No cancellations or refunds are permitted.
5. Sell on Behalf Service
5.1 Overview:
Autofiti may act as an agent to sell vehicles (subject to a 5% commission) or automotive parts and accessories (subject to a commission of 5% and above) on behalf of users, utilizing premium promotional sections at our expense.
Due diligence, including identity verification and NTSA logbook checks, is required, with associated costs included in the commission or charged separately at Autofiti’s discretion.
5.2 Seller Responsibilities:
Sellers must provide accurate item details, valid documentation (e.g., logbooks for vehicles), and cooperate fully with due diligence requirements.
Items are sold on an “as-is” basis, and sellers bear responsibility for the condition and legal status of their items.
5.3 Autofiti’s Role:
Autofiti markets items through our channels, manages client communications, and facilitates payment processing and item transfers.
Autofiti shall not be liable for item quality or transaction disputes beyond the scope of our due diligence.
6. E-commerce Transactions
6.1 Direct Sales by Autofiti:
Autofiti may sell automotive parts and accessories directly, handling payments and coordinating shipping.
Products are sold on an “as-is” basis, in compliance with the Sale of Goods Act.
6.2 Appointed Sellers:
Sellers appointed by Autofiti to list products must comply with vetting procedures, with payments processed through Autofiti.
Appointed sellers are responsible for ensuring product authenticity and compliance with applicable laws.
7. Payments
7.1 Payment Methods:
Payments may be made via Paystack, M-Pesa, Airtel Money, bank transfer, or future methods (e.g., Pesapal or an in-house payment gateway).
Users are responsible for ensuring sufficient funds and accurate payment information.
7.2 Payment Security:
Autofiti employs secure payment systems but shall not be liable for losses resulting from user errors or third-party payment processing issues.
8. Intellectual Property
8.1 User-Generated Content:
By posting content (e.g., photos, descriptions), you grant Autofiti a non-exclusive, royalty-free, worldwide license to use, display, and promote such content on the Platform.
You shall not upload content that infringes third-party intellectual property rights, in accordance with the Copyright Act 2001.
8.2 Autofiti’s Intellectual Property:
All Platform content, including logos, text, and design elements, is the property of Autofiti and protected under Kenyan law. Unauthorized use is prohibited.
9. Liability and Disclaimers
9.1 No Warranties:
The Platform is provided “as-is” without warranties of uninterrupted, error-free operation or compatibility with all devices.
Technical constraints may impact functionality, such as listing quota availability.
9.2 Limitation of Liability:
To the fullest extent permitted by Kenyan law, Autofiti shall not be liable for losses arising from user transactions, misrepresentations, or Platform-related issues.
Autofiti’s liability, if any, is limited to the amount paid for services, where applicable.
9.3 Indemnification:
You agree to indemnify and hold Autofiti harmless from any claims, losses, or damages arising from your use of the Platform, listings, or violations of these Terms.
10. Termination
10.1 Termination by Autofiti:
Autofiti may suspend or terminate your account for violations of these Terms, suspected fraudulent activity, or at our discretion.
Upon termination, unused credits, memberships, or services are forfeited, with no refunds provided.
10.2 Termination by You:
You may deactivate your account through the Platform’s settings. No refunds will be provided for unused services or credits.
11. Contact Information
For inquiries regarding these Terms, please contact us below.
