Terms of Use

These Terms of Use (the “Terms”) form a binding agreement between you and KakaMotors Limited, a private limited company incorporated in Kenya with its office at 4th Floor, The Mirage, Tower 2, Chiromo Road, Westlands, Nairobi, Kenya (“KakaMotors”, “we”, “us”). They govern your access to and use of the KakaMotors website, mobile applications, messaging features and related services (together, the “Platform”).

By creating an account, posting an ad or otherwise using the Platform you confirm that you have read, understood and agree to these Terms, our Privacy Policy and our Cookie Policy. If you do not agree, you must not use the Platform.

• Ad — a listing for a vehicle, part or service published on the Platform.
• Buyer — a user who browses ads or contacts a Seller.
• Seller — a user who publishes an Ad, whether a private individual or a Dealer.
• Dealer — a business that sells vehicles in the course of trade and holds a Dealer account.
• Paid Services — optional services we charge for, such as Featured ads and Dealer packages.
• Content — any text, photo, video, price or other material submitted to the Platform.

KakaMotors is an online venue that lets Sellers advertise and Buyers find vehicles. Unless a page expressly says otherwise:

• we are not a party to any sale, exchange, financing or hire agreement between users;
• we do not own, inspect, store or deliver the vehicles advertised;
• we do not guarantee the accuracy of Ads, the identity of users, the condition, history or legal status of any vehicle, or that a transaction will be completed.

Badges such as “Verified Dealer” mean only that we completed the checks described on the badge (for example confirming a KRA PIN, business permit and physical yard). They are not a warranty of the Dealer's conduct or of any vehicle.

Prices, specifications and comparisons in our Prices & Specs section are indicative and provided for general information. Always confirm the current price and specification with the Seller or franchise dealer.

• You must be at least 18 years old and able to enter into binding contracts under Kenyan law.
• You must give accurate information, including a working Kenyan mobile number that we may verify by SMS.
• You are responsible for keeping your login details confidential and for all activity on your account. Tell us immediately at support@kakamotors.co.ke if you suspect unauthorised use.
• Each person or business may hold one account unless we agree otherwise. Dealer accounts must be opened in the name of the registered business.
• You may not use another person's account or create an account on someone else's behalf without authority.

When you post an Ad you confirm that:

• you own the vehicle or are authorised by the owner to sell it;
• the vehicle is not stolen, subject to an undisclosed loan, hire-purchase, logbook loan or other encumbrance, and you can transfer ownership through NTSA;
• for imported vehicles, the vehicle complies with the Kenya Bureau of Standards (KEBS) requirements, including the age limit for used imports and pre-export inspection to KS 1515;
• the price is a genuine asking price in Kenya Shillings, and the year, mileage, condition, trim and location are accurate;
• photos are of the actual vehicle and you have the right to use them;
• each vehicle is listed only once, and you will remove the Ad promptly once the vehicle is sold.

We may review Ads before or after publication, request supporting documents (such as a logbook copy or KEBS certificate), edit Ads to correct categorisation or formatting, and decline or remove Ads at our discretion.

You must not use the Platform to:

• advertise stolen vehicles, vehicles with altered chassis or engine numbers, or forged documents;
• advertise vehicles that cannot lawfully be registered or driven in Kenya;
• request deposits, “viewing fees” or payments before the Buyer has inspected the vehicle;
• post misleading, duplicated, bait-and-switch or keyword-stuffed Ads;
• harass, threaten or discriminate against other users, or post offensive content;
• collect other users' personal data, send spam, or contact users for purposes unrelated to an Ad;
• scrape, copy or index the Platform by automated means, interfere with its security or operation, or attempt unauthorised access, contrary to the Computer Misuse and Cybercrimes Act, 2018;
• infringe anyone's intellectual property, privacy or other rights.

We may report suspected criminal activity to the National Police Service, the Directorate of Criminal Investigations (DCI) or other authorities, and co-operate with lawful requests for information.

Any agreement to buy or sell is made directly between Buyer and Seller. Before paying, Buyers should inspect the vehicle, have it checked by a mechanic, and run an official NTSA search through eCitizen to confirm the registered owner and any encumbrance. See our Safety Tips.

Where a Dealer sells to a consumer, the consumer has the rights given by the Consumer Protection Act, 2012, and the Sale of Goods Act. Nothing in these Terms limits those rights.

• Posting a vehicle as a private Seller is free unless stated otherwise.
• Prices for Paid Services are shown before purchase in Kenya Shillings and include VAT at the prevailing rate. We issue electronic tax invoices.
• Payments are made by M-Pesa, card (Visa, Mastercard) or bank transfer through our payment partners.
• Dealer packages renew monthly until cancelled. You may cancel at any time and the package will run to the end of the paid period.
• Fees are non-refundable once a promotion has started, except where we fail to provide the service or where the law requires a refund. If we remove an Ad for breach of these Terms, no refund is due.

You keep ownership of the Content you submit. You grant KakaMotors a non-exclusive, royalty-free, worldwide licence to host, display, reproduce, resize, translate and distribute that Content on the Platform and in marketing of the Platform (including social media and partner sites) for as long as the Ad is live and for a reasonable period afterwards for archive and legal purposes.

You are responsible for your Content and must not submit anything you do not have the right to share.

The Platform, including its software, design, logos, the KakaMotors and KakaCare names, and compilations of data such as the price list, belongs to KakaMotors or its licensors and is protected by the Copyright Act, 2001, the Trade Marks Act and other laws. Vehicle photos credited on our Image credits page are used under their respective licences. Vehicle brand names and logos are trademarks of their owners and are used only to identify vehicles.

You can report any Ad using “Report this ad” on the Ad page or by emailing safety@kakamotors.co.ke. We aim to review reports within 24 hours.

If we reasonably believe you have breached these Terms or the law, we may remove Content, limit features, suspend or close your account, and withhold Paid Services. Where practical we will tell you why and give you a chance to respond, unless doing so would compromise an investigation or the safety of others.

The Platform is provided “as is” and “as available”. To the fullest extent permitted by law, we exclude all warranties not expressly stated in these Terms.

We are not liable for any loss arising from dealings between users, from Content posted by users, or from events beyond our reasonable control. Our total liability to you for any claim relating to the Platform is limited to the greater of the fees you paid us in the 12 months before the claim and KSh 10,000.

Nothing in these Terms excludes liability that cannot be excluded under Kenyan law, including for fraud, or for death or personal injury caused by negligence.

You agree to compensate KakaMotors for reasonable losses, costs and legal fees arising from your breach of these Terms, your Content, or your unlawful use of the Platform.

We may update the Platform and these Terms from time to time. We will give at least 14 days' notice of material changes by email, SMS or a notice on the Platform. Continuing to use the Platform after a change takes effect means you accept the updated Terms.

These Terms are governed by the laws of Kenya.

If you have a complaint, contact us first at legal@kakamotors.co.ke and we will try to resolve it within 30 days. Disputes that cannot be resolved may be referred to mediation in Nairobi and, failing that, to the courts of Kenya. Consumers may also complain to the Competition Authority of Kenya.

KakaMotors Limited, 4th Floor, The Mirage, Tower 2, Chiromo Road, Westlands, Nairobi, Kenya. P.O. Box 14820-00800. Email legal@kakamotors.co.ke or call +254 709 123 400.