Terms & Conditions

1. General

1.1 Definitions

In these Terms and Conditions, the following terms shall have the following meaning:

"User" means any individual or entity that accesses or uses the Platform.
"Buyer" means any User who purchases or expresses interest in purchasing vehicles or automotive services listed by a Seller on the Platform.
"Seller" means any User who offers vehicles for sale or related automotive services (such as insurance, financing or maintenance) through the Platform.
"We", "Us" or "Our" means Eezy Track Limited.

These Terms and Conditions (hereinafter the "Terms") shall govern the use of the CARS360 platform on the website located at https://cars360.co.ke (hereinafter referred to as the "Platform").

Access to the Platform is on a registration basis.
These Terms and Conditions shall apply to all Users of the Platform.
All Users warrant that they have read and understood these Terms and shall be deemed to have accepted to be bound by them 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 Platform.
By agreeing to these Terms and Conditions the User also accepts all policies and additional terms posted on the Platform as the terms on which we enter into a contract with you to provide you with access to our Platform and services.
Registration on the Platform and any access or use of the Platform, including making an offer in relation to any vehicle, or uploading a vehicle for sale, shall qualify as unconditional acceptance of these Terms.
A User who uses the Platform in the course of a business or other organizational project confirms that they have obtained the necessary authority to agree to the Terms, confirms that they bind both themselves and the person, company or other legal entity that operates that business or organizational project to the Terms, and agrees that "User" in these Terms shall reference both the individual User and the relevant person, company or legal entity unless the context requires otherwise.
We reserve the right to make changes to these Terms without prior notice to the User. The most recent version of the Terms shall be available for the User's acceptance or refusal at the time of logging into the Platform. It shall be the responsibility of the User to keep themselves updated on any amendments thereto. Continued use of the Platform after an amendment shall be deemed to be an unconditional acceptance of any such amendment.

1.2 Use of the CARS360 Platform

The use of the Platform shall be governed by these Terms and Conditions and our policies, including but not limited to our Billing, Payment & Refund Policy, our Privacy Policy and Data Protection Policy, and our Cookie Policy.

We make no promises or guarantees as to the availability of the Platform, or that a User will have uninterrupted, secure or error-free access to the Platform. We exclude all liability in relation to any inability of a User to access the Platform or availability of real-time notifications.
A User agrees that the use of the Platform is at the User's own risk.

By using and accessing the 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 us with accurate and true details about the User;
shall be solely liable for actions taken using their username and password to access the 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 when accessing and using the Platform and comply with all applicable laws and regulations; and
will not interfere with, jeopardise, disrupt or harm the Platform and will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided via the Platform.

The 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. We disclaim all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

The User acknowledges that We:

are not a party to the sale of any vehicle;
do 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.

We reserve the right in our sole discretion and without giving reasons to exclude any User from using the Platform where the User has breached or threatens to breach these Terms and/or engages in any behaviour which we in our sole discretion regard as suspicious, fraudulent, or likely to affect our reputation. We also reserve the right in our sole discretion and without giving reasons to exclude and remove any vehicle listed for sale or any other vehicle service on the Platform.

The interpretation of these Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

1.3 User Registration

All Users shall:

complete, in full, the registration or subscription documents provided on the Platform;
certify that the information provided by the User in all respects is true and correct;
furnish us with such supporting documentation as may be required by us for any reason whatsoever; and
acknowledge that a transaction concluded will give rise to a contractual relationship between a Seller and Buyer.

It shall be the sole responsibility of the User to keep and maintain the safety of their account name or number and password.
We reserve 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 We may conduct various checks on the User, including checks with any third parties, as circumstances may require.
We may from time to time request updated information from the User to verify the User's information or for any other purpose We may deem fit.

2. Seller's Terms and Conditions

2.1 Vehicle Information and Ownership

By listing a vehicle for sale on the Platform, the Seller confirms that:

all vehicle documents and vehicle information provided are accurate and up-to-date;
they are the legal owner of the vehicle, or have the proper authorization from the legal owner to list and sell the vehicle; and
they possess the vehicle documents and are available and/or authorized to present them in original form upon request.

2.2 Vehicle Listing

Unless otherwise agreed with us in writing, Sellers have the opportunity to list their vehicles for sale on the Platform, subject to the following conditions:

The Seller has paid a non-refundable listing fee which is determined based on the type of listing, its duration, and any optional features chosen. The fee details, including the amount and payment methods, will be outlined during the listing process. The listing fee is independent of any other fees, including value-added services offered on the Platform.
Each listing is valid for a specific period, as indicated at the time of listing. If a Seller wishes to continue the listing after the initial duration expires, they will be required to pay the applicable renewal fees.

2.3 Negotiations

The Seller shall be responsible for price negotiations with potential Buyers. The Seller may counteroffer a potential Buyer's offer if it does not align with their pricing expectations; however, it's important to do so in a respectful and professional manner.

2.4 Transfer of Ownership

Upon a successful sale, the Seller must initiate the process of transferring ownership of the vehicle 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, including but not limited to the original vehicle documents.
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 good 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.

2.5 Seller's Warranties, Liability and Indemnifications

Seller's Warranties. By listing a vehicle for sale on the Platform, the Seller represents and warrants that:

the Seller is the true owner of the vehicle and/or is legally authorised to sell the vehicle;
there are no liens, encumbrances or legal claims against the vehicle that would prevent its sale, and the Seller is able to transfer good title to the vehicle free from any third-party claims;
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 vehicle has its true and proper registration mark and chassis number and/or vehicle identification number that corresponds to the vehicle registration documents;
the year registered and the year of manufacture 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 vehicle documents, vehicle information and all representations made in connection with the vehicle are accurate and informed, and the Seller acknowledges that such representations will be relied upon by Buyers; and
the Seller agrees to provide all vehicle documents and any other necessary documentation/consents to transfer title and ownership of the vehicle to a Buyer.

Liability. The Seller acknowledges that We do 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 vehicle information and vehicle documents 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. We are not responsible for any issues, disputes or incidents that occur during these interactions.

Indemnifications. The Seller agrees to indemnify and hold us, our 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; We are not responsible for mediating or resolving disputes between the Seller and a Buyer. The Seller agrees to comply with all applicable laws, regulations and tax requirements related to the sale of the vehicle.

2.6 Communication with Buyers

The Seller is expected to respond promptly to inquiries and messages from potential Buyers, and must maintain respectful and professional conduct when communicating with them. Any form of harassment, discrimination or inappropriate behaviour is strictly prohibited.

3. Buyer's Terms and Conditions

3.1 Listing Accuracy

The Buyer acknowledges that it is the responsibility of a Seller to provide detailed vehicle listings on the Platform. While We encourage Sellers to provide comprehensive information, the Buyer understands that the accuracy of listings (including vehicle documents and vehicle information) ultimately relies on the Seller. The Buyer shall perform their own due diligence when reviewing vehicle listings on the Platform, including but not limited to verifying vehicle documents and vehicle information presented in listings. The Seller's contact information is provided to facilitate this.

3.2 Contacting the Seller

The 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, respectfully and safely.

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 sale 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 inspect the vehicle in person, and if necessary, bring a qualified mechanic for inspection.

3.3 Purchase Process

A Buyer who wishes to purchase a vehicle listed on the Platform shall make an offer to the Seller, who has the discretion to accept, reject or make a counter-offer. Where the Seller accepts an offer, the parties should enter into a written contract.
The Buyer is responsible for payment of the purchase price to the Seller through a payment method agreed upon between the parties. We are not involved in the payment process and will not hold funds on behalf of the Buyer and/or Seller.

3.4 Buyer's Warranties, Liability and Indemnifications

Warranties. We do not provide any warranties, express or implied, with respect to the vehicles. All warranties, including any warranties of merchantability or fitness for a particular purpose, are the sole responsibility of the Seller. We are not a party to the transaction between the Buyer and the Seller and do not assume any warranty obligations. The Buyer warrants and represents that they have conducted due diligence on the vehicle and the Seller before entering into any agreement, including reviewing the vehicle information and vehicle documents, verifying its history, and assessing the trustworthiness of the Seller. We are not responsible for any omissions or errors in the Buyer's due diligence.

Liability. We 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 a vehicle. We are not responsible for any actions or inactions of Buyers or Sellers.

Indemnification. The Buyer agrees to indemnify and hold the Company, 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 Platform and any dispute with Sellers or other users.

4. Value-Added Services Terms and Conditions

4.1 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: A comprehensive assessment of the mechanical condition of the vehicle conducted by professionals, aimed at providing an accurate understanding of the vehicle's condition.
Facilitation in Financing: We collaborate with various financial institutions to assist Buyers in securing financing options for the vehicles and will assist in exploring suitable financing arrangements.
Facilitation of Vehicle Insurance: We collaborate with insurance institutions to assist Buyers in obtaining insurance coverage for their vehicles.
Facilitation of Vehicle Maintenance Support: We collaborate with service providers to assist Buyers in accessing maintenance and repair services for their vehicles.
Vehicle Tracking: Vehicle tracking services are available to assist Buyers in monitoring and securing their vehicles.
Acting as Seller's Agent: Representation of Sellers through the Platform.
Safe Meeting Environment: We will provide a secure environment for physical meetings between Sellers and Buyers, enabling smooth transactions. While we take precautions to enhance safety, both Sellers and Buyers are responsible for their own due diligence when meeting and conducting transactions.

4.2 Requesting Value-Added Services

Value-added services are available to registered Users of the Platform and can be requested through it. The value-added services are subject to a fee, which will be clearly displayed through the Platform. Users are required to pay the fee before the service is initiated.

4.3 Payment and Refunds

We accept various payment methods for the fees associated with value-added services. The accepted payment methods will be outlined on the 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 our Billing, Payment & Refund Policy.

4.4 Changes to Value-Added Services

We reserve 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.

5. Data Protection and Privacy

We are committed to protecting Users' personal data in accordance with the Data Protection Act. By using the Platform, the User acknowledges that their personal data may be collected and processed as described in our Privacy Policy.

Certain personal information, including contact details, may be collected and made available to a potential Buyer and/or Seller as well as third parties. This information is essential for facilitating transactions on the Platform. Users will be required to provide clear and affirmative consent before any personal information is collected, processed or shared.

We may offer value-added services and this may lead to sharing certain personal information. The User will be required to give consent prior to the processing or sharing of any personal information for such services, in accordance with our Privacy Policy.

We may use cookies to enhance the User's experience on the Platform. Our Cookie Policy provides detailed information about the types of cookies we use, their purpose, and your choices regarding their use.

Our Privacy Policy and Cookie 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.

6. Intellectual Property Rights

All intellectual property rights related to the Platform, including but not limited to source code, databases, functionality, software, designs, audio, video, text, photographs and graphics (collectively, the "Content"), as well as trademarks, service marks and logos (the "Marks"), are our exclusive property.
Subject to compliance with these Terms and Conditions, We grant Users a limited, non-exclusive, non-transferable and revocable license to access and use the Platform and its services solely for their intended purposes.
Users shall not copy, modify, distribute, sell, lease, sublicense, reverse engineer, create derivative works of, or exploit any part of the Platform for commercial or non-commercial purposes.
Any content that Users submit or upload remains their property. However, by submitting it, Users give us permission to use, copy, share and show the content as needed to provide the services.
Unauthorized use of the Platform's intellectual property, including infringement of trademarks, software or other protected content, shall result in legal action and termination of the User's access.

7. Contact Information

Users with any questions, concerns or inquiries regarding these Terms and Conditions may contact us using the following channels:

Email: info@cars360.co.ke
Telephone: +254 709 335023

You may also reach us through the Contact Us page.

Statement Effective Date: 4 September 2026, Version 01.