Magari Tele Kenya Ltd's 'Terms and Conditions', 'Terms of Usage' and 'Privacy' Policies

By utilising the services offered by and through this website you agree to the Terms and Conditions as contained hereinafter.

Definitions

"Magaritelekenya.com" means Magari Tele Kenya Ltd a company duly registered in terms of the laws of Kenya and any of its affiliated companies.

"Personal information" means a legal entity and/or individual’s name, surname, telephone number, e-mail address and/or current location, or any other relevant personal information.

"Services" means all of Magaritelekenya.com’s services offered through the use of this website, including but not limited to:
  • Searching for a vehicle;
  • Providing of a platform to sell a vehicle;
  • Being placed in contact with a seller of a vehicle by providing personal information of the prospective purchaser to the prospective seller;
  • Advertising;
  • Providing a platform for an individual or entity to provide its/his/her personal information to relevant Third Parties, such as Financial Institutions and the like
"Us" and/or "Our" and/or "We" means Magaritelekenya.com.

"Vehicle" means any item that is either powered or non-powered included but not limited to motor vehicle, bike, bakkie, caravan and camping trailers, trailers (commercial and non-commercial), commercial vehicle, boats or vessels and any other such products.

"You" and/or "Your" means the user of this website.

"Relevant Third Parties" includes but is not limited to Motor Importers/Manufacturers, Motor Dealerships, Financial Institutions, Private Sellers and any other such third party that may be represented within our service offerings.

Personal information and privacy

Magaritelekenya.com respects your privacy and is committed to protecting all personal information provided to it by the users of this website.

By entering any personal information onto this website you confirm that the personal details are your own. In the event that the personal information provided to us is not your own or is inaccurate, Magaritelekenya.com will not be liable for the processing of any such incorrect personal information.

Magaritelekenya.com will never release your personal information to a non-relevant third party. In all cases, the only personal information we will ever disclose to Third Parties are your details as determined by you in any form of contact that you have made with us through our services and that we have deemed relevant for us to supply you with our services.

By utilising the services provided through this website and entering your personal information on to the website you consent to Magaritelekenya.com distributing your personal information for the purpose of bringing a prospective seller and a prospective purchaser in contact with each other and you further consent to Magaritelekenya.com analysing all data collected through our services for research purposes.

Magaritelekenya.com stores and protects all information that is collected from the use of our services.

Magaritelekenya.com respects your right to be able to remove your name from any Magaritelekenya.com mailing/newsletter list. This can be done at any time through the functionality supplied via our services and should you not wish to form part of the Magaritelekenya.com mailing/newsletter list you should inform us accordingly.

Magaritelekenya.com reserves the right to email you with any form of relevant information, should you have made use of any of our services.

Magaritelekenya.com does not, and will not, trade "email address lists" or "email address databases".

All personal information provided to Magaritelekenya.com will not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed and Magaritelekenya.com will thereafter delete all records of the personal information.

Exclusion of liability and non-warranty

Magaritelekenya.com is not responsible for the conduct of all relevant Third Parties that may be represented within our service offerings.

Pursuant to the provisions of the Consumer Protection Act, you hereby unconditionally and irrevocably indemnify Magaritelekenya.com a and its subsidiaries and hold Magaritelekenya.com harmless against all loss, damages, claims, liability and/or costs of whatsoever nature and howsoever arising from the use of the Magaritelekenya.com website.

It is further clearly understood and agreed that Magaritelekenya.com will not be liable for any loss suffered, damages sustained or other types of liabilities to persons whether natural or legal utilising the Magaritelekenya.com website under any circumstances nor does Magaritelekenya.com give any warranties or undertakings in respect of the vehicles that appear on its website.

Magaritelekenya.com makes no representations, whether express or implied regarding the vehicles or services that appear on its website, nor does Magaritelekenya.com give any guarantees or warranties regarding the vehicle, its type, make, condition, mileage or ownership or any other information pertinent to the vehicle that appears on the Magaritelekenya.com website.

Magaritelekenya.com endeavours to use relevant Third Parties that are registered with their industry relevant authority organizations and associations.

Magaritelekenya.com is not accountable for, will not guarantee, cannot guarantee and waivers all liability from the information, opinions and graphics that depict the new vehicles, used vehicles and any other products throughout our services. The views and opinions expressed on this web site are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Magaritelekenya.com, the Magaritelekenya.com staff, and/or any/all contributors to this site.

Magaritelekenya.com offers no recourse whatsoever for any vehicle that is available through any of our services.

Magaritelekenya.com shall not be held liable for any damage or loss that you may have incurred, in any form or manner whatsoever during the use of, or anything related to, the services that Magaritelekenya.com have to offer or the use of any websites which is linked to other websites through hypertext links.

Service offering and refunds

The services offered by Magaritelekenya.com with regard to searching for a vehicle and contacting the seller are free. Should you use any of Magaritelekenya.com's services to sell your vehicle, you will be charged a nominal fee.

You hereby give us permission to provide such paid-up service to you within seven days of the conclusion of this agreement which will be the date upon which we accepted your request to place your vehicle on our website.

Should you wish to cancel this fixed term agreement you will be entitled to do so but with a notice of 7 days from date of first activation. The advertising fee will then not be calculated at the reduced rate but at the rate of R 27.80 per day which is the normal rate, you will also be held liable for the banking charges and administrative fee for the repayment which will be R 200.00 excl. VAT. You will need to provide the following: Original Bank Letter of Confirmation detailing your bank account details (not an electronic copy), certified copy of your ID and certified Proof of Residence.

The abovementioned documents must either be hand delivered to our Domicilium citandi et executandi (the address one elects for the purpose of receiving all legal notices and processes) as per CIPC, or mailed by registered post to the Legal Department as per the details below.

No pro-rata refunds will apply to private listings when a vehicle is sold before the expiry date of the purchased pricing option package.

Intellectual Property

All intellectual property rights in all material and content made available through the services of Magaritelekenya.com are owned by Magaritelekenya.com or alternatively Magaritelekenya.com is the lawful user thereof, and are protected by both the Republic of Kenya and international property laws.

You agree not to do anything that may infringe on Magaritelekenya.com’s intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, disseminations, sale, publication or exploitation of such material.

General

Magaritelekenya.com reserves the right to determine who uses, and how they use any of the services on offer.

Should you use any of the Magaritelekenya.com services, Magaritelekenya.com will accept that you have agreed to, understood and are legally allowed to accept the "Terms and Conditions", "Terms of Usage" and "Privacy" policies and procedures from that point onwards.

Magaritelekenya.com has the right to change their policies from time to time.

These Terms and Conditions are governed by laws of the Republic of Kenya and you agree to submit to the exclusive jurisdiction of courts located within the Republic of Kenya.

Enquiries

Should you have any concerns, you are welcome to direct them to Magaritelekenya.com in writing, to:

Legal Department
Magari Tele Kenya Ltd
P.O.Box 781286
Nairobi

Republic of Kenya

Magaritelekenya.com will endeavour to address your concern as soon as possible, and should Magaritelekenya.com not be able to address your concern in an appropriate manner, Magaritelekenya.com will use the correct and industry relevant authorities with regard to dispute and resolution associations that are available in Kenya.

This document was last amended on 9th may 2018.