Effective date: 3rd January 2023
Welcome to Auto Server Solutions Ltd.
BASIC AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
ARBITRATION NOTICE AND CLASS ACTION WAIVER:
Except for certain types of disputes described in the arbitration agreement section below, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
By using this Site, you warrant and represent that:
(1) All registration information you submit will be accurate, true, complete and current;
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) You are not a minor in Kenya and/or the jurisdiction in which you reside;
(5) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(6) You will not use the Site for any illegal or unauthorized purpose; and
(7) Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
CONNECTING CCAR SELLERS AND BIDDERS
Auto Server Solutions Ltd connects those offering cars for sale (“Sellers”) and those looking to acquire cars (“Bidders”). The Services acts as a meeting place only; the actual contract for sale for each car listed on the Services is directly between the Seller and the winning Bidder.
When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Seller, Bidder, other registered user or unregistered user, while if we use one of those specific terms, it only applies to that category of user.
Before acquiring a car from any Seller (each, a “Seller Car”), Bidders are responsible for making their own determinations that the Seller Car is suitable. Auto Server Solutions Ltd is only responsible for connecting Sellers and Bidders, and can’t and won’t be responsible for making sure that any Seller Car is up to a certain standard of quality. Auto Server Solutions Ltd similarly can’t and won’t be responsible for ensuring that information (including credentials) any Bidder or Seller provides about himself or herself or about any Seller Car he or she is offering is accurate or up-to-date. Each Seller acknowledges and agrees that they shall make reasonable efforts to complete the sale of their Seller Car if there is a winning bid. Each Bidder acknowledges and agrees that if they are the winning bidder in an auction through the Services, their bid is binding on the Bidder and the Bidder is responsible for all applicable government fees and taxes for the vehicle won through such bid. Notwithstanding the foregoing, we don’t control the actions of any Bidder or Seller, and Sellers aren’t our employees.
Auto server solutions ltd does not directly offer the seller cars. You hereby acknowledge that Auto Server Solutions Ltd does not supervise, direct, control or monitor the seller cars and expressly disclaims any responsibility and liability for the seller cars, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.
Sellers may not remove a car made available for auction on the Services before the end of such auction. While a Seller Car is listed on the Services, Seller may not list or make available such Seller Car on any other auction, dealership, listing service or publication.
ELASTICITY OF TERMS.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
BASICS OF USING THE SITE.
You may be required to sign up for an account, select a password and user name (“Auto Server Solutions Ltd User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Auto Server Solutions Ltd User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Sellers must comply with all laws that relate to the Seller Cars). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Auto Server Solutions Ltd User ID, account or password with anyone, and you must protect the security of your Auto Server Solutions Ltd User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Auto Server Solutions Ltd User ID and account.
You may receive communications through the Services, including messages that Auto Server Solutions Ltd sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving certain marketing messages.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
FURTHER AGREEMENT TO TERMS.
You may not collect any information from or relating to another user (“User Information”), whether via the Services, in the course of offering or making an offer on Seller Cars, as applicable, or otherwise, beyond what is necessary to complete your diligence and the auction transaction. Upon the conclusion of an auction, you must properly destroy all User Information from or relating to such user and make no further use of it whatsoever. You must collect, use, maintain, and transmit all User Information in compliance with all applicable laws.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you,
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Auto Server Solutions Ltd owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that:
By submitting User Submissions through the Services, you hereby do and shall grant Auto Server Solutions Ltd a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Finally, you understand and agree that Auto Server Solutions Ltd, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
We reserve the right to
(1) Block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and
(2) Remove and discontinue service to repeat offenders.
PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS.
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Auto Server Solutions Ltd Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(b) Identification of works or materials being infringed;
(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
(d) Contact information about the notifier including address, telephone number and, if available, email address;
(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
RECEIPT OF COPYRIGHT INFRINGEMENT.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
(c) terminate such content provider’s access to the Services if he or she is a repeat offender.
PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Court in which the content provider’s address is located, or, if the content provider’s address is located outside Kenya, for any area in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Auto Server Solutions Ltd ‘ Designated Agent at the following address:
Auto Server Solutions Ltd, LLC
Attn: Designated Agent
Address: P.O BOX 3922-20100 NAKURU
Astrol Petrol station Kiambu road, Kenya (next to Ridgewys Mall) 1st floor room No. A2.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Auto Server Solutions Ltd. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Auto Server Solutions Ltd is not responsible for such risks.
Auto Server Solutions Ltd has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Auto Server Solutions Ltd is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Auto Server Solutions Ltd, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
CHANGE OF SERVICES
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
It is free to register for the Services but certain aspects of the Services may require that you pay us fees. If you decide to use these paid aspects of the Services, you agree to the Fees Terms set forth below, as we may amend them from time to time.
TERMINATION OF SERVICES.
You’re free to do that at any time by contacting us.
Auto Server Solutions Ltd is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms.
Auto Server Solutions Ltd has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Bidder who believes that a Seller may be in breach of these Terms is not able to enforce these Terms against that Seller.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Auto Server Solutions Ltd and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Auto Server Solutions Ltd and all such parties together, the “Auto Server Solutions Ltd Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Auto Server Solutions Ltd Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services.
The Auto Server Solutions Ltd Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Seller Cars. Seller Cars and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Auto Server Solutions Ltd Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES AND CONTENT ARE PROVIDED BY Auto Server Solutions Ltd (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Auto Server Solutions Ltd (I) DOES MAKES NO REPRESENTATIONS OR WARRANTIES OR ASSUME RESPONSIBILITY FOR ANY CAR ADVERTISED OR OFFERED BY A SELLER THROUGH THE SERVICE (OR ANY HYPERLINKED WEBSITE OR SERVICE) AND (II) WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A BIDDER OR OTHER THIRD-PARTY PROVIDER.
You agree to indemnify and hold the Auto Server Solutions Ltd Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to
(a) Your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
CHOICE OF LAW.
These Terms are governed by and will be construed under the Constitution of the Republic of Kenya, 2010.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Auto Server Solutions Ltd and limits the manner in which you can seek relief from Auto Server Solutions Ltd. Both you and Auto Server Solutions Ltd acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Auto Server Solutions Ltd ‘ officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Kenya. The arbitration will proceed in the English language, in accordance with the Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of qualified arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Auto Server Solutions Ltd will pay all arbitration fees for claims less than seventy-five thousand ($20,000) dollars. Auto Server Solutions Ltd will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Waiver of Trial. YOU AND Auto Server Solutions Ltd WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE. You and Auto Server Solutions Ltd are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Auto Server Solutions Ltd over whether to vacate or enforce an arbitration award, YOU AND Auto Server Solutions Ltd WAIVE ALL RIGHTS TO A TRIAL, and elect instead to have the dispute be resolved by a judge.
(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Auto Server Solutions Ltd is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.
(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: “________________________” postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(f) Exclusive Venue. If you send the opt-out notice in (e), and/or in any circumstances where the foregoing arbitration agreement permits either you or Auto Server Solutions Ltd to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Auto Server Solutions Ltd agree that any judicial proceeding (other than small claims actions) will be brought in the Courts of the Republic of Kenya,.
(g) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Auto Server Solutions Ltd.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
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