Terms of Use

Please read these Terms of Use carefully before using the Site.

Introduction

These terms and conditions of use (“Terms of Use”) apply to this website and any other associated websites owned and operated by Voiture Online Media or any of its subsidiary companies (together being the “Site”).

These Terms of Use set out the terms on which you may make use of the Site, whether as a guest or a registered user, each time you use the Site. Use of the Site includes accessing, browsing, or registering to use the Site.

Please read these Terms of Use carefully before you start to use the Site. We recommend that you print a copy of this for future reference.

By using the Site, you agree to these Terms of Use and that you will comply with them. If you do not agree to these Terms of Use, you should not use any part of the Site.

1. Other Relevant Terms

1.1 These Terms of Use refer to the following additional terms, which also apply to your use of the Site:

a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you; or that you provide to us and information about the cookies on the Site. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

b) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.

2. Changes to these Terms

2.1 We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3. Changes to our Site

3.1 We may update the Site from time to time, and may change the content at any time. However, if any of the content on the Site is out of date at any given time, we are under no obligation to update it.

3.2 We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

4. Accessing our Site

4.1 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

4.2 You are responsible for making all arrangements necessary for you to have access to the Site.

4.3 We provide a variety of different services and additional terms (including age requirements) may apply.

4.4 Our services are not suitable for those under sixteen years of age and, as such, by using our Site you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use the Site with legal parental or guardian consent.

5. Your Account and Password

5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing info@carsearch.co.ke

6. Intellectual Property Rights

6.1 All texts, images, user interfaces, video media, artwork, computer code (including but not limited to HTML, Javascript, ActionScript and XML) (together being the “Content”) including but not limited to the design, structure, general “look and feel” of the Site, is owned or licensed by or to Voiture Online Media  or one of its wholly-owned subsidiaries and is protected by various intellectual property and copyright laws.

6.2 Except as otherwise declared within these Terms of Use, no part of the Site may be copied, reproduced, republished, posted, uploaded or otherwise duplicated on any other computer, server or website for commercial enterprise, without the prior written consent of Voiture Online Media  or one of its wholly owned subsidiaries.

6.3 If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7. No Reliance on Information

7.1 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

7.2 We shall have no responsibility to check the accuracy of any information provided or made available to us (which includes information listed in catalogues, listings and any other literature in use from time to time) and you rely on all such information at their own risk.

7.3 It is for you to satisfy yourself as to the quality, condition and provenance of any goods on the Site through your own inspection and enquiries and we shall accept no liability for any information prepared by us (in particular, where we have been dependent and/or reliant on information provided by third parties and, for the avoidance of doubt, we do not undertake to check or scrutinise such information).

7.4 The web pages contained in the Site may contain technical inaccuracies and typos. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on any Voiture website is accurate, complete or up-to-date. You agree to use any Voiture website at your own risk.

8. Reduced Cars

8.1 The prices of all cars advertised on this site are notified to us by the third party sellers. You should ask the advertiser to confirm the price when contacting them to enquire about the vehicle. Price reductions displayed in the "Reduced Cars" section are calculated by us. We use information provided by the advertisers to compare the current advertised price of a car with its most recent, higher price that applied for a minimum of 28 days.  This comparison is provided to show the recent pricing history of the car and might not represent a price promotion or special offer from the advertiser.

9. Limitation of our Liability

9.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied, including but not limited to vehicle information and valuation. We make no representations, warranties, guarantees or promises that any third party independent data from such third parties or any data provided by us is accurate or reflects the true value of that vehicle. Where an estimate is provided on a vehicle it will be subject to changes in market conditions (both nationally and regionally) which may affect the price at which it is valued. You rely on any estimate given by us of the value of a vehicle at your own risk.

9.3 We are not liable in any way for failure, interruption, delay or any other matters of a similar nature whatsoever to the Site arising out of circumstances beyond our reasonable control including, but not limited to, fire, explosion, earthquake, flood, storm, riot, civil disturbance, strikes, lockouts and industrial disputes, war, nuclear accident, terrorist activity, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), the act or order of any government department, council or other constituted body and acts of God.

9.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with

a) use of, or inability to use, the Site;

b) use of or reliance on any content displayed on the Site;

c) loss of profits, sales, business, or revenue;

d) business interruption;

e) loss of anticipated savings;

f) loss of business opportunity, goodwill or reputation; or

g) any indirect or consequential loss or damage.

9.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

9.6 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10. Uploading Content to our Site

10.1 Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy.

10.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty, which means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

10.3 Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

10.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

10.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site

10.6 We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy

10.7 The views expressed by other users on the Site do not represent our views or values.

11. Viruses

11.1 We do not guarantee that the Site will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

11.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

12. Third Party Links and Resources in our Site

12.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Our inclusion of links to other third party sites/ resources does not imply our endorsement of the material contained on such websites or of the third parties themselves.

13. Contact Us

13.1 To contact us, please email info@carsearch.co.ke


Acceptable use policy

Please read this Acceptable Use Policy carefully before using the Site.

Introduction

This acceptable use policy (“AU Policy”) sets out the terms between you and us under which you may access this website and any other associated websites owned and operated by Voiture Online Media or any of its subsidiary companies (together being the “Site”).

This AU Policy applies to all users of, and visitors to, the Site.

Your use of the Site means that you accept, and agree to abide by, all the policies in this AU Policy, which supplement our terms of website use.

1. Prohibited Uses

1.1 You may use the Site only for lawful purposes.

1.2 You may not use the Site:

a) in any way that breaches any applicable local, national or international law or regulation;

b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

c) for the purpose of harming or attempting to harm minors in any way;

d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

e) any action which would interfere with or disrupt the Site or servers or networks connected to the Site;

f) any action to de-compile, disassemble , modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site;

g) use of automated means, including spiders, robots, crawlers, or the like to download data from the Site;

h) to obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or

i) to contact advertisers of vehicles other than in connection with a genuine enquiry relating to the purchase by You of the vehicle in question.

1.3 You also agree:

a) not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;

b) not to access without authority, interfere with, damage or disrupt:

    any part of the Site;

    any equipment or network on which the Site is stored;

    any software used in the provision of the Site; or

    any equipment or network or software owned or used by any third party.

2. Interactive Services

2.1 We may from time to time provide interactive services on the Site, including, without limitation chat rooms; bulletin boards; forums and newsgroups etc (“Online Interactive Facilities”).

2.2 Where we do provide any Online Interactive Facilities, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Notwithstanding the foregoing, we are not able to moderate any live interaction with the advertisers of vehicles (Live Chat).

2.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Online Interactive Facilities service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Online Interactive Facilities we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any Online Interactive Facilities by a user in contravention of our content standards, whether the service is moderated or not.

2.4 The use of any of our Online Interactive Facilities by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Online Interactive Facilities that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Online Interactive Service should be made aware of the potential risks to them.

2.5 Where we do moderate an Online Interactive Facilities, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. However, we are unable to provide this information in relation to Live Chat services.

3. Content Standards

These content standards apply to any and all material which you contribute to the Site (“contributions”), to any Online Interactive Facilities associated with it and to any information you provide to us to register as a customer.

You must comply with the spirit and the letter of the following standards in relation to any contribution you make to the Site or any information you provide to us.

3.1 Contributions, and any other information you provide to us, must:

a) be accurate (where they state facts)

b) be genuinely held (where they state opinions); and

c) comply with applicable law in Kenya and in any country from which they are posted.

3.2 Contributions, and any other information you provide to us, must not:

a) contain any material which is defamatory of any person;

b) contain any material which is obscene, offensive, hateful or inflammatory;

c) promote sexually explicit material;

d) promote violence;

e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

f) infringe any copyright, database right or trade mark of any other person;

g) be likely to deceive any person;

h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

i) promote any illegal activity;

j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

k) be likely to harass, upset, embarrass, alarm or annoy any other person;

l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

m) give the impression that they emanate from us, if this is not the case; and

n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

4. Suspension and Termination

4.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

4.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:

a) immediate, temporary or permanent withdrawal of your right to use any/all of the Site;

b) immediate, temporary or permanent removal of any posting or material uploaded by you to any/all of the Site;

c) issue of a warning to you;

d) blocking your telephone number or IP address;

e) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

f) further legal action against you; and/or

g) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

5. Changes to the Acceptable Use Policy

5.1 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.

Privacy Policy

Please read this Privacy Policy carefully before using the Site.

Introduction 

This privacy policy (“Policy”) applies to the use of this website and any other associated website owned or operated by Voiture Online Media or any of its subsidiary companies (together being the “Site”). If you do not accept this privacy policy, you should not use this Site.

We have updated our Policy. This Policy has been designed to provide greater transparency and has been set out so that it is easier to read and understand. We will continue to treat your personal information with care and respect.

Collection of personal information

We collect personal information from you (such as name, address, telephone number, email address etc) when you complete registration or enquiry forms or send emails to us. Please do not submit your personal information to us if you do not wish us to collect it. Furthermore, we may record any telephone calls made to telephone numbers included on the Site. Further information on the collection and use of data is set out below. 

1.2 We respect your privacy and we are committed to protecting it and to complying with applicable data protection and privacy laws including the Data Protection Act 1998 (the “Act”). We have provided this Policy statement to help you understand how we collect, use and protect your personal information when you visit any Site.

1.3 By visiting the Site you are accepting this Policy and you expressly consent to our use and disclosure of your personal information as disclosed in this Policy. However, you may visit and browse the Site without disclosing any personally identifiable information about yourself.

1.4 Please note that this Policy may change from time to time and, if it does, the latest version will always be available on the Site.

2. Collection and Use of Data

2.1 The personal information we collect from you includes:

(a) personal information obtained from you via the Site;

(b) personal information you provide about yourself in order to sell or buy a vehicle or manage your account on the Site;

(c) personal information you send to us in personal correspondence such as emails, letters or over the telephone; and

(d) personal information we receive from other users or third parties about you and/or your activities. 

The type of personal information we collect could include your name and address, vehicle registration mark, telephone and fax numbers, e-mail addresses and financial and credit card information.

2.2 The personal information you provide to us will be used for the purposes of administration, processing the sale and purchase of a vehicle (including registering interest in vehicles for sale and advertising vehicles for sale), the evaluation of our services, business development, trend analysis and marketing. We will also use it to create offers specifically designed to meet your needs and as set out in clause 3 below.

2.3 Please note that there may be times when we use third parties to store and process your information on our behalf. On any such occasions, we will require any such third parties to strictly comply with our instructions and to not use your personal information for their own business purposes, unless you have explicitly consented to the use of your personal information on this way.

2.4 We may store, process and/or transfer personal information to countries outside Kenya, especially to servers in the US. If you do not agree to this procedure you should not use our products or services. Your personal information, on some occasions, is transferred outside Kenya to a carefully selected third party, for our data management and business purposes, in particular, for certain outsourced data processing undertaken by organisations on our behalf. By using our products and/or services you consent to our transferring your personal information to countries outside Kenya, if necessary, for our legitimate business purposes as outlined above. We will take reasonable steps to ensure your personal information is adequately protected.

2.5 We automatically track certain personal information based upon your behaviour on the Site using cookies and other devices. We use this personal information to do internal research on our users’ demographics, interests, and behaviour to better understand our users. This personal information may include the address of the webpage that you just came from (whether this is on the Site or not), which webpage/website you next go to (whether this is on the Site or not), what browser you are using, and your IP address.

2.6 We use data collection devices such as “cookies” on certain pages of the Site. "Cookies" are small text files placed on your hard drive that assist us in providing customised services. You may decline our cookies if your browser permits, although in this case you may not be able to use certain features on the Site.

2.7 Please note that we will not hold your personal information for any longer than is reasonably necessary or required by law.

3. Disclosure of Data

3.1 We may share your personal information with:

a) business partners, suppliers and subcontractors for the performance of any contract we enter into with you;

(b) analytics and search engine providers that assist us in the improvement and optimisation of the Site;

(c) credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you;

(d) third party recipients of our services in order to demonstrate the commercial value of our services to those third parties, where we have informed you of this and obtained your consent at the time of collection of your personal information; and

(e) if you have provided your consent, third party marketers of auto-related products, motor manufacturers and other services that we believe may be of interest to you. In addition, your personal information may sometimes also be used by us and members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries to inform you about changes to the Site, new services and offers that you might find interesting and for database maintenance.




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