This Dealer Registration and Listing Agreement (“Agreement”) is entered into upon acceptance by the Dealer (“Effective Date”), between:
Motor Kenya Dot com, a digital motor vehicle marketplace accessible via www.motorkenya.com (hereinafter referred to as the “Platform”), AND The registering motor vehicle dealer (hereinafter referred to as the “Dealer”).
By registering as a Dealer on the Platform, the Dealer expressly acknowledges and agrees that they have read, understood, and consented to be legally bound by this Agreement, which shall constitute a valid and enforceable contract under the laws of Kenya.
The Dealer represents and warrants that they:
- Are duly registered and operating in accordance with the laws of Kenya (where applicable);
- Hold all requisite licenses, permits, and regulatory approvals necessary to engage in the business of motor vehicle trade;
- Possess full legal capacity and authority to enter into this Agreement.
The Platform reserves the absolute right, at its sole discretion, to approve, decline, suspend, or revoke any Dealer registration without obligation to provide reasons.
The Platform provides an online marketplace for the listing, advertising, and facilitation of motor vehicle sales.
The Dealer expressly acknowledges that the Platform:
- Does not own, possess, inspect, or certify any listed vehicles
- Does not guarantee the accuracy, quality, or legality of listings
- Does not act as an agent, broker, or principal in any transaction between the Dealer and any third party.
The Dealer undertakes and agrees as follows:
To provide complete, accurate, current, and non-misleading information in all listings, including but not limited to:
To ensure that all vehicles listed:
- Are lawfully owned or that the Dealer has full authority to sell
- Are free from undisclosed encumbrances, liens, disputes, or third-party claims.
To conduct all activities in compliance with applicable laws of Kenya, including but not limited to:
- Consumer Protection Act, 2012
- Sale of Goods Act (Cap 31)
- All other relevant statutory and regulatory requirements
The Dealer shall not:
- Engage in fraud, misrepresentation, or deceptive trade practices
- Publish false, misleading, or inaccurate listings
- Use the Platform for any unlawful or unauthorized purpose.
The Dealer agrees to pay all applicable listing fees, subscription charges, and/or commissions as may be prescribed by the Platform from time to time.
Unless expressly stated otherwise in writing, all payments made to the Platform are non-refundable.
The Platform reserves the right to revise its pricing structure upon reasonable notice to the Dealer.
The Dealer grants the Platform a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute all content submitted for purposes of operating and promoting the Platform.
All intellectual property rights in and to the Platform remain the exclusive property of Motor Kenya Dot com.
To the fullest extent permitted by law, the Platform shall not be liable for:
- Any direct, indirect, incidental, or consequential loss or damage
- Any disputes, losses, or claims arising between the Dealer and any buyer or third party.
The Dealer agrees to indemnify, defend, and hold harmless the Platform, its directors, officers, and affiliates from and against any claims, liabilities, damages, or expenses arising from:
- Breach of this Agreement
- Misrepresentation or unlawful conduct by the Dealer
This Agreement may be terminated:
- By either party upon written notice; or
- Immediately by the Platform in the event of breach by the Dealer
Upon termination:
- All listings may be removed without prior notice;
- Any outstanding fees shall become immediately due and payable.
The Dealer shall comply with the provisions of the Data Protection Act, 2019 and shall ensure lawful processing and protection of all personal data obtained through the Platform.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
Any dispute arising out of or in connection with this Agreement shall be:
- First resolved through good faith negotiations;
- Failing which, referred to the courts of competent jurisdiction in Kenya.
11.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.
11.2 The Platform reserves the right to amend these terms at any time, with updates published on the website.
11.3 If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By proceeding with registration on the Platform, the Dealer confirms that they:
- Have read and understood this Agreement
- Agree to be legally bound by its terms
- Accept full responsibility for all listings, representations, and transactions conducted through the Platform.