EEZY TRACK LIMITED
(“The Company”)
EEZY CLASSIFIED PLATFORM TERMS AND CONDITIONS
- GENERAL
- These Eezy Track Limited (Eezy Classified Platform) Terms and Conditions (hereinafter referred to as ‘Terms and Conditions’) shall govern the sale and purchase of vehicles through the Company’s website at ……………………………………… and/or any other internet based electronic platform or application used by the Company for the online sale of vehicles and which platform is accessible by the entire world (hereinafter referred to as the “Eezy Classified Platform”).
- Access to the Eezy Classified Platform is on a registration basis.
- All Sales and Purchases on the Eezy Classified Platform shall be conducted in accordance with these Terms and Conditions.
- These Terms and Conditions shall apply to all Users of the Eezy Classified Platform.
- All Users warrant that they have read and understood these Terms and Conditions.
- Users shall be deemed to have accepted to be bound by these Terms and Conditions when they click and/or sign against the section with “I have read these Terms and Conditions” and/or when they click “I accept these Terms and Conditions”.
- A User who disagrees with these Terms and Conditions or any part of these Terms and Conditions, must not use the Eezy Cars Platform.
- A User who uses the Eezy Classified Platform in the course of a business or other organizational project:
- Confirms that they have obtained the necessary authority to agree to these Terms and Conditions;
- Confirm that they bind both themselves and the person, Company or other legal entity that operates that business or organizational project, to these Terms and Conditions; and
- Agree that “User” in these Terms and Conditions shall reference both the individual User and the relevant person, Company or legal entity unless the context requires otherwise.
- The Company reserves the right to make changes to these Terms and Conditions from time to time, without prior notice to the User. The most recent version of the Terms and Conditions shall be available for the User’s acceptance or refusal at the time of logging into the Eezy Classified Platform. The effective dates of amendments to these Terms and Conditions shall be indicated at the Appendix of the Terms and Conditions. It shall be the responsibility of the User to keep themselves updated on the Terms and Conditions and amendments thereto. Continued use of the Eezy Classified Platform after any amendment of the Terms and Conditions shall be deemed to be express acceptance of or acceptance by conduct of any such amendment.
- Any reference in these Terms and Conditions to:
- a clause is, subject to any contrary indication, a reference to a clause of these Terms and Conditions;
- where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
- if any provision in a definition confers rights, or imposes obligations on any party, effect is to be given to it as a substantive provision of these Terms and Conditions;
- unless the context indicates otherwise an expression which denotes any gender includes both genders;
- reference to a natural person includes a juristic person;
- the singular includes the plural, and the plural includes the singular;
- Business Day means the time between 8.00 a.m. to 5.00 p.m. from Monday to Friday and 9.00 a.m. to 1.00 p.m. on Saturday
- any number of days prescribed in this Agreement refers to business days and excludes the first day and includes the last day;
- unless the context indicates otherwise, if the day for payment of any amount or performance of any obligation falls on a day which is not a Business Day, that day will be the next Business Day;
- USE OF THE EEZY CARS PLATFORM
- The use of the Eezy Classified Platform shall be governed by these Terms and Conditions and the following Company’s policies as developed and updated from time to time:
- Website Terms of Use Policy which can be accessed via the link…………………………
- Refund Policy which can be accessed via the link…………………………….
- Data Privacy Policy which can be accessed via the link……………………………….and
- Cookie Policy which can be accessed via the link………………………………………….
- The Company makes no promises or guarantees as to the availability of the Eezy Cars Platform, or that a User will have uninterrupted, secure, or error free access to the Eezy Car Platform. The Company excludes all liability in relation to any inability of a User to access the Eezy Classified Platform or availability of real time notifications.
- A User agrees that the use of the Eezy Classified Platform is at the User’s own risk.
- By using and accessing the Eezy Classified Platform, the User warrants and promises that the User:
- is at least 18 years old.
- has the right, authority and capacity to enter into a legally binding contract.
- has supplied the Company with accurate and true details about the User.
- shall be solely liable for actions taken using the User’s Username and password to access the Eezy Classified Platform, whether taken by the User or third parties and/or with or without the User’s consent or knowledge.
- will act lawfully, diligently and honestly at all times when accessing and using the Eezy Classified Platform and will comply with all laws and regulations.
- will not interfere with, jeopardise, disrupt or harm the Eezy Classified Platform and will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided via the Eezy Cars Platform.
- The Eezy Classified Platform and all information, content, materials, products (including software) and services included on or otherwise made available to the User are provided on an “as is” and “as available” basis, unless otherwise specified in writing.
- The Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- The User acknowledges that the Company:
- is not a party to the sale of any Vehicle;
- does not warrant that the Seller is willing and/or able to perform its obligations to the Buyer as contained herein; and
- will not be a party to any dispute between the Seller and the Buyer in relation to the Vehicle.
- The Company reserves the right in its sole discretion and without giving reasons to exclude any User from using the Eezy Classified Platform where the User has breached or threatens to breach these Terms and Conditions and/or engages in any behaviour which the Company in its sole discretion regards as likely to have an adverse effect on the conduct of the sales on the Platform or the reputation of the Company.
- The Company reserves the right in its sole discretion and without giving reasons to exclude and remove any vehicle listed for sale on the Eezy Cars Platform.
- The interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.
- USER REGISTRATION
- All the Users shall:
- complete, in full, the registration or subscription documents provided on the Eezy Classified Platform;
- certify that the information provided by the User in all respects is true and correct;
- furnish the Company with such supporting documentation as may be required by the Company for any reason whatsoever; and
- acknowledge that any sale concluded will give rise to a contractual relationship between the Seller and the Buyer.
- It shall be the sole responsibility of the User to keep and maintain the safety of their account name or number and password.
- The Company reserves the right to deny access to Users without any explanation or to make approval of a User subject to special conditions.
- The User’s registration is deemed to be express consent by the User that the Company may conduct various checks on the User including checks with any third parties as circumstances may require.
- The Company may from time to time request updated information from the User to verify the User’s information or for any other purpose the Company may deem fit.
SELLER’S TERMS AND CONDITIONS
- Vehicle Information and Ownership
- By listing a vehicle for sale on Eezy Classified Platform, the seller, confirms that all information provided about the vehicle, including but not limited to its make, model, year, condition, mileage, price, and ownership details, is accurate and up-to-date.
- By listing a vehicle for sale on Eezy Classified Platform, the seller, confirms that they are the legal owner of the vehicle, or they have the proper authorization from the legal owner to list and sell the vehicle. The Seller must be prepared to provide documentation proving their ownership or authorization upon request.
- Vehicle Listing
- Unless otherwise agreed with the Company in writing, Sellers have the opportunity to list their vehicles for sale on the Eezy Classified Platform, subject to the following conditions:
- All vehicle listings are subject to approval. The Company reserves the right to review and verify the accuracy of the information provided in the listing, including but not limited to vehicle details, pricing, and contact information;
- Sellers are required to pay a non-refundable fee to list their vehicles on the Platform. The fee is determined based on factors such as the type of listing, its duration, and any optional features you choose. The fee details, including the amount and payment methods, will be clearly outlined during the listing process. It’s important to note that the listing fee is separate from any fees associated with the value-added services offered on the Platform;
- Each vehicle listing on the Platform is valid for a specific period, which will be specified during the listing process. If a seller wishes to continue the listing after the initial duration expires, they will be required to pay the applicable fee for a listing renewal;
- Negotiations
- The seller, shall be responsible for price negotiations with potential buyers. While you are encouraged to set a reasonable and competitive price for your vehicle, you have the flexibility to consider offers from interested buyers. It’s essential to maintain open and honest communication during this phase.
- The Seller may counteroffer a potential buyer’s offer if it does not align with your pricing expectations. However, it’s important to do so in a respectful and professional manner. Engaging in constructive negotiations can lead to a successful transaction.
- Transfer of Ownership
- Upon a successful sale, the Seller must initiate the process of transferring ownership to the buyer in accordance with the law.
- The Seller shall be responsible for supplying the buyer with the necessary documentation related to the vehicle. This includes, but is not limited to, the vehicle’s title, maintenance records, and any relevant warranty information.
- The Seller shall be responsible for ensuring that there are no outstanding liabilities or liens on the vehicle that could hinder the transfer of ownership. The buyer should receive a clean and clear title.
- The Seller and Buyer shall prepare and sign a contract of sale that clearly outlines the terms of the transaction, including the sale price, date of sale, and both parties’ details. This document serves as evidence of the transaction.
- Seller’s Warranties, Liability and Indemnifications
- Seller’s Warranties:
- By listing a vehicle for sale on the Eezy Classified platform, the seller represents and warrants that the Seller is the true owner of the Vehicle and/or is properly authorised to sell the Vehicle by the true owner or by law.
- The seller warrants that there are no liens, encumbrances, or legal claims against the vehicle that would prevent its sale and that the Seller is able to transfer a good title to the Vehicle free from any third-party claims;
- The Seller warrants that the odometer (or the total mileage of a Vehicle if stated to be different from the odometer) if noted as “warranted” will be true and accurate;
- The Seller warrants that the Vehicle has its true and proper registration mark and chassis number and/or vehicle identification number that corresponds to the Vehicle registration documents;
- The Seller warrants that the year registered and the year of manufacture which has been provided by the Seller is correct (save that when the expression “unknown” or “year as seen” is used – no warranties or representations are given regarding the age of a Vehicle);
- The Seller warrants that all representations made and documents and/or information provided by the Seller in any form concerning the Vehicle are accurate and informed, and the Seller acknowledges that such representations will be relied upon the Buyers. and
- The seller agrees to provide the necessary documentation to transfer the title and ownership of the vehicle to the buyer
- Liability
- The seller acknowledges that the Company does not conduct independent verification of the information provided in the listing. The seller is solely responsible for the accuracy of the listing. Any disputes or issues arising from inaccurate information are the seller’s responsibility.
- The seller is responsible for the transaction and interactions with potential buyers, including negotiations, test drives, and the transfer of ownership. The Company is not responsible for any issues, disputes, or incidents that occur during these interactions.
- Indemnifications
- The seller agrees to indemnify and hold Eezy Classified, its officers, employees, and affiliates harmless from any claims, damages, liabilities, and expenses, including legal fees, arising from or in connection with the sale of the vehicle, any breach of these terms, or any disputes with buyers.
- In the event of any disputes or legal issues related to the sale of the vehicle, the seller agrees to resolve such disputes independently and at their own expense. Eezy Classified is not responsible for mediating or resolving disputes between the seller and the buyer.
- The seller agrees to comply with all applicable laws, regulations, and tax requirements related to the sale of the vehicle.
- Communication with Buyers
- The Seller is expected to respond promptly to inquiries and messages from potential buyers.
- The Seller must maintain respectful and professional conduct when communicating with potential buyers. Any form of harassment, discrimination, or inappropriate behavior is strictly prohibited.
- Data Protection and Privacy
- By using the Eezy Classified platform to sell your vehicle, you acknowledge and consent to the collection and processing of your personal data, as described in our Privacy Policy.
- As part of the vehicle listing process, certain personal information, including contact details and information related to the vehicle, will be collected and made available to potential buyers. This information is essential for facilitating transactions and communications on the platform. By Using the Eezy Classified Platform to sell your vehicle, you acknowledge and consent to the sharing of the personal information
- As Part of the vehicle-selling process, the Company will be offering value- added services to potential buyers and this may lead to sharing certain personal information. By Using the Eezy Classified Platform to sell your vehicle, you acknowledge and consent to the offering of value-added services to potential buyers upon request and to sharing of the personal information.
- The Company will use cookies to enhance your experience on the platform. Our Cookies Policy provides detailed information about the types of cookies we use, their purpose, and your choices regarding their use.
- The Company Privacy Policy and Cookies Policy may be updated from time to time to reflect changes in our data processing practices or legal requirements. You are encouraged to review our Privacy Policy regularly for any updates.
BUYER’S TERMS AND CONDITIONS
- Listing Accuracy
- Sellers on the Eezy Classified platform are responsible for creating accurate and detailed vehicle listings. They should provide information about the vehicle’s make, model, year, mileage, condition, price, and any relevant history, such as accident reports or service records. While Eezy Classified encourages sellers to provide comprehensive information, it is crucial to understand that the accuracy of listings ultimately relies on the seller’s honesty and diligence.
- As a buyer, you are expected to perform your due diligence when reviewing vehicle listings. This involves scrutinizing the ownership, the information presented in listings and verifying its accuracy. You can use the provided contact information to request additional details, request inquire about the vehicle’s maintenance history, and clarify any uncertainties you may have.
- Contacting the Seller
- Eezy Classified Platform provides contact information for sellers, typically in the form of phone numbers or email addresses. You may use this information to initiate communication with the seller regarding the vehicle you are interested in. It is your responsibility to use this communication channel professionally and respectfully.
- It is your responsibility to exercise caution and safety when interacting with sellers. When meeting with sellers or inspecting vehicles in person, prioritize safety.
- Negotiations about the terms of the sale, including price and any specific conditions, should be carried out in a transparent and honest manner. Written communication, such as emails or messages through the platform, may serve as a record of these negotiations. It is advisable to document the agreed-upon terms in a sale agreement.
- Unless otherwise stated in the sales agreement, the purchase of a vehicle is typically “as-is.” This means that the buyer accepts the vehicle in its present condition, and the seller is not responsible for any defects or issues that may arise after the sale. It is therefore the Buyer’s responsibility to view the vehicle in person and, if necessary, bring a qualified mechanic for inspection. This allows you to verify the vehicle’s condition and ensure that it aligns with the description provided by the seller.
- Purchase Process
- When a Buyer decides to purchase a vehicle listed on the platform, they can make an offer to the Seller. The Seller has the discretion to accept or reject the offer. If the Seller accepts the offer, the parties should enter into a written contract.
- The Buyer is responsible for paying the purchase price to the Seller through a payment method agreed upon between the parties. The Company is not involved in the payment process and does not hold funds on behalf of the Buyer or Seller.
- Buyer’s Warranties, Liability and Indemnifications
- Warranties
- The Company does not provide any warranties, express or implied, with respect to the vehicles listed on the platform. All warranties, including any warranties of merchantability or fitness for a particular purpose, are the sole responsibility of the Seller. The Company is not a party to the transaction between the Buyer and the Seller and does not assume any warranty obligations.
- The Buyer warrant and represent that they have conducted due diligence on the vehicle and the Seller before entering into a purchase agreement. This due diligence includes, but is not limited to, reviewing the vehicle’s condition, verifying its history, and assessing the trustworthiness of the Seller. The Company is not responsible for any omissions or errors in the Buyer’s due diligence.
- Liability
- The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, arising out of the purchase or use of vehicles listed on the platform. The Company is not responsible for any actions or inactions of Buyers or Sellers.
- Indemnification
- The Buyer agrees to indemnify and hold the Company and its officers, directors, employees, and affiliates harmless from and against any claims, damages, liabilities, costs, and expenses, including legal fees, arising from or in connection with their use of the Eezy Classified platform and any dispute with Sellers or other users.
- Data Protection
- The Company is committed to safeguarding the privacy and data protection rights of our Eezy Classified Platform users. We collect and process personal data in accordance with our Privacy Policy. By using the platform, Buyers consent to the collection and use of their personal data as outlined in the Privacy Policy.
- In cases where Buyers express a desire for financing options facilitated by the Company, they explicitly consent to the sharing of their personal information, including but not limited to their contact details and financial data, with the Company’s financing partners for the purpose of evaluating and providing financing options. This consent is necessary to enable the Company to assist Buyers in securing suitable financing arrangements.
- The buyer will be required to tick an unmarked box expressing their wish and offering their consent to have their contact details and financial data shared with the Company’s financing partners for the purpose of evaluating and providing financing options.
- The Company utilizes cookies to enhance the user experience. By using the platform, Buyers consent to the use of cookies as described in the Cookies Policy. Cookies are used to track and analyze website usage, customize content and advertisements, and provide a more personalized and efficient user experience.
VALUE-ADDED SERVICES TERMS AND CONDITIONS
- Description of Value-Added Services
- In addition to basic vehicle listings, the company will offer upon request by either the Buyer or Seller a range of value-added services to enhance the buying and selling experience, including but not limited to:
- Full Mechanical Valuation: This service involves a comprehensive assessment of the mechanical condition of the vehicle being listed on the Eezy Classified platform. The valuation is conducted by professionals to provide potential buyers with an accurate understanding of the vehicle’s condition.
- NTSA Verification: The Company will provide NTSA verification services to confirm the legitimacy and compliance of vehicles listed on the Platform. This verification process helps ensure that the vehicles offered are free from any legal or ownership issues.
- Facilitation in Financing: The Company collaborates with various financial partners to assist buyers in securing financing options. If a buyer is interested in financing, the company can facilitate the connection with these partners to explore suitable financing arrangements.
- Acting as Seller’s Agent: For sellers who choose to engage the Company as their agent, the Company can represent their interests in the selling process.
- Safe Meeting Environment: The Company strives to provide a secure environment for meetings between sellers and buyers. While we take precautions to enhance safety, both sellers and buyers are responsible for their own due diligence when meeting and conducting transactions.
- Requesting Value-Added Services
- Value-added services are available to registered users of the Eezy Classified platform. Users can request these services through the platform by following the designated procedures.
- Each value-added service is subject to a fee, which will be clearly displayed on the platform. Users are required to pay the fee before the requested service is initiated.
- Payment and Refunds
- The Company accepts various payment methods for the fees associated with value-added services. The accepted payment methods will be outlined on the Eezy Classified Platform, and users can choose the one that best suits their preferences.
- Fees for value-added services are generally non-refundable once the service has been initiated or delivered. However, in the event of exceptional circumstances or a failure to provide the requested service, a refund may be considered in accordance with the Company Refund Policy.
- Changes to Value-Added Services
- The Company reserves the right to modify the value-added services, their fees, or introduce new services. Any changes to the services or fees will be communicated on the platform, and users will have the option to accept or decline these changes.
01/11/2023
Statement Effective Date; Version 01