Topcar.co.ke Terms and Conditions of Use
BEFORE USING THIS SITE, PLEASE READ THE FOLLOWING TERMSAND CONDITIONS BELOW
Topcar.co.ke (the “Site”) is owned and operated by Topcar.co.ke.By using this Site, you explicitly agree and therefore bound by the followingterms and conditions (“Terms and Conditions” or “Agreement”). By registeringfor, logging into, visiting and using the Site in any way, you indicate thatyou understand these Terms and Conditions to be the legal equivalent of asigned, written contract and equally binding, and that you accept these Termsand Conditions and agree to be legally bound by them. Topcar.co.ke may changethese Terms and Conditions at any time. Your continued use of the Site followingreasonable notice of such modifications will be deemed that you have acceptedthese Terms and Conditions. You agree that notice of changes to these Terms andConditions posted on the Site constitutes reasonable and sufficient notice. Atall times, you are bound by the then-current version of these Terms andConditions and all applicable laws. Please review these Terms and Conditionsperiodically for changes.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights andother intellectual property rights in this Site and its contents, including anyand all messages, data, information, text, music, sound, photos, images,graphics, code, marks, logos, audio and video, footage, animations, podcasts,analyses, studies, reports, downloads, and other content contained herein("Site Content") is owned by or licensed to Topcar.co.ke, andprotected by law, including copyright, database, trade secret, and trademarklaws of Kenya, as well as other applicable state, national, and internationallaws and regulations. The Site Content is Copyright 2019, Topcar.co.ke, allrights reserved. Topcar.co.ke also owns copyright rights in the Site Content asa collective work and/or compilation, and in any and all databases accessibleon or through the Site. Topcar.co.ke, the Topcar.co.ke Logo, and all othermarks displayed on this site (the "Trademarks") are registered and/orcommon law trademarks of Topcar.co.ke and/or various third parties. Except asexpressly stated herein, nothing contained on this Site may be construed asgranting, by implication, or otherwise, any grant, license or right to use anySite Content or Trademarks without the prior written permission of Topcar.co.keor such other party that may own the Trademarks or any licensed copyrights. Youagree not to directly or indirectly: attempt to register, challenge or contestthe validity or the Topcar.co.ke's (or its licensor’s, as applicable) ownershipof, such copyrights, Trademarks or any other Topcar.co.ke’s intellectualproperty, or assist any third party in doing so.
Use of Chat Rooms, Comment Sections, Bulletin Boards andOther Interactive Areas
The Site may contain discussion forums, comment sections,bulletin boards, review services or other forums in which you or third partiesmay post reviews of cars and car related services or other content, messages,materials or other items on the Site ("Interactive Areas"). If Topcar.co.keprovides such Interactive Areas, you are solely responsible for your use ofsuch Interactive Areas and use them at your own risk. No action should be takenbased upon any of the information contained in the Interactive Areas. Youshould seek independent professional advice from a person who is licensedand/or knowledgeable in the applicable automotive area before acting upon anyopinion, advice, or information contained on the Site. All statements,information and other content submitted by users are solely the opinions ofusers, and not of Topcar.co.ke.
By using any Interactive Areas, you expressly agree not touse, reproduce, modify, adapt, edit, translate, publicly display,telecommunicate or perform, post, upload to, transmit, distribute, store,create derivative works from or otherwise publish throughout the World, in anymedia, now known or hereafter devised, on or through the Site any of thefollowing:
Any message, data, information, text, music, sound,photos, images, graphics, code, marks, logos or other content("Content") that is unlawful, untrue, libelous, defamatory,slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing,threatening, invasive of privacy or publicity rights, abusive, inflammatory,fraudulent or otherwise objectionable or inappropriate;
Content that may infringe any patent, trademark, tradesecret, copyright or other intellectual or proprietary right of any party(including rights of privacy and publicity);
Content that impersonates any person or entity orotherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertisingor solicitations;
Private or personally identifiable information of anythird party, including, without limitation, addresses, phone numbers, emailaddresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive ordestructive files;
Content that is unrelated to the topic of the InteractiveArea(s) in which such Content is posted; or
Content that, in the sole judgment of Topcar.co.ke,contravenes the above, is otherwise objectionable or inappropriate, or whichrestricts or inhibits any other person from using or enjoying the InteractiveAreas or the Site, or which may expose Topcar.co.ke or its affiliates or itsusers to any harm or liability of any type.
You further agree that you will not attempt or do any ofthe following:
Interfere with or disrupt the Site or our computersystems, servers, or networks;
Attempt to gain unauthorized access to any part of theSite, to accounts that belong to other users, or to computer systems or networksconnected to the Site; or
Engage in any systematic extraction of data or datafields, including, without limitation, email addresses, by use of any automatedmechanism, such as web robots, crawlers, or spiders (except in strictconformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site,unless we indicate otherwise, you (a) grant Topcar.co.ke and its affiliates andsublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable,irrevocable and fully sublicensable right to use, post, store, reproduce,modify, adapt, edit, translate, distribute, transmit, publish, createderivative works from and publicly display, telecommunicate and perform suchContent throughout the world in any media, now known or hereafter devised; (b)grant Topcar.co.ke and its affiliates and sublicensees the right to use thename that you submit in connection with such Content, if they choose in theirabsolute discretion; and (c) represent and warrant that (i) you own and/orcontrol all of the rights to the Content that you post or otherwise distribute,or you otherwise have the lawful right to post and distribute such Content toor through the Site, and to grant the licenses granted herein; (ii) suchContent is accurate and not misleading; and (iii) use and posting or othertransmission of such Content does not violate these Terms and Conditions andwill not violate any rights of or cause injury to any person or entity. Youfurther grant Topcar.co.ke the right to pursue at law any person or entity thatviolates your or Topcar.co.ke's rights in the Content or breaches of theseTerms and Conditions.
Topcar.co.ke takes no responsibility and assumes noliability for any Content posted, stored or uploaded by you or any third party,or for any loss or damage thereto or in connection therewith, nor is Topcar.co.keliable for any mistakes, inaccuracies, infringements, defamation, slander,libel, omissions, falsehoods, obscenity, pornography or profanity you mayencounter. As a provider of interactive services, Topcar.co.ke is not liablefor any statements, representations or Content provided by its users in anypublic forum, personal home page or any Interactive Area. Although Topcar.co.kehas no obligation to screen, edit or monitor any of the Content posted to ordistributed through any Interactive Area, Topcar.co.ke reserves the right, andhas absolute discretion, to remove, screen or edit without notice any Content postedor stored on the Site at any time and for any reason and without liability toyou or any third party, and you are solely responsible for creating backupcopies of and replacing any Content you post or store on the Site at your solecost and expense.
Any use of the Interactive Areas or other portions of theSite in violation of the foregoing violates these Terms and Conditions and mayresult in, among other things, termination or suspension of your rights to usethe Interactive Areas and/or the Site. In order to cooperate with legitimategovernmental requests, subpoenas or court orders, to protect Topcar.co.ke’ssystems and customers, or to ensure the integrity and operation of Topcar.co.kebusiness and systems, Topcar.co.ke may access and disclose any information itconsiders necessary or appropriate, including, without limitation, user profileinformation (i.e. name, email address, etc.), IP addressing and trafficinformation, usage history, and posted Content.
Rights to User Content
Content submitted by users will be considerednon-confidential and Topcar.co.ke is under no obligation to treat such Contentas confidential or proprietary information. Without limiting the foregoing, Topcar.co.kereserves the right to use the Content as it deems appropriate, including,without limitation, posting, reproducing, adapting, translating, publiclydisplaying, telecommunicating or performing, uploading to, transmitting,distributing, storing, creating derivative works from, publishing, deleting,editing, modifying, rejecting, or refusing to post it. Topcar.co.ke is under noobligation to offer you or make any payment for Content that you submit or itsuse as contemplated herein or for your permission or license to edit, delete orotherwise modify Content once it has been submitted to Topcar.co.ke. Topcar.co.keshall have no duty to attribute authorship of Content to you, and shall not beobligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights(including rights of attribution or integrity) in the Content, you herebydeclare that (a) you do not require that any personally identifying informationbe used in connection with the Content, or any derivative works of or upgradesor updates thereto; (b) you have no objection to the publication, use,modification, deletion and exploitation of the Content by Topcar.co.ke or itslicensees or sublicensees, successors and assigns; (c) you forever irrevocablywaive in favor of Topcar.co.ke and its successors, assigns, officers,employees, affiliates, agents and sublicensees, and agree not to claim orassert any entitlement to, any and all moral rights you may have as an authorthroughout the World in any of the Content; and (d) you forever release Topcar.co.ke,and its licensees, successors and assigns, from any claims that you couldotherwise assert against Topcar.co.ke by virtue of any such moral rights.
Use of Topcar.co.ke Listings Service
The information on vehicles provided in this service andon the Site is supplied by the seller or other third parties; Topcar.co.ke isnot responsible for the accuracy of such information. Topcar.co.ke providesthis service and the Site and all information and materials without conditions,representations or warranties of any kind, either expressed or implied. Topcar.co.keis not a party to any transaction between vehicle buyers and sellers thatoriginates from information found on the Site. Prices do not include additionalfees such as government fees and taxes, title and registration fees, licensingand plate fees, finance charges, dealer document preparation fees, and emissiontesting.
Topcar.co.ke is a vehicle listing and information servicethat brings together buyers and sellers. TOPCAR.CO.KE IS NOT AN AUTOMOBILEBROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATEOR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLELISTED FOR SALE ON OUR SITE. Topcar.co.ke does not hold or possess title forany vehicle listed for sale on our Site and Topcar.co.ke is not a party to anyvehicle sale contract between vehicle buyers and sellers that originates on orthrough the Site.
All buyers and sellers must be at least 18 years old touse the Site and by using the Site, you represent that you are at least 18years old.
Information about a particular vehicle is supplied by theseller, not by Topcar.co.ke. The price and other terms of any sale are arrangedafter negotiation between the buyer and the seller. Topcar.co.ke is notresponsible for incorrect information given by buyers or sellers, includinginformation regarding vehicles, including but not limited to vehicle mileage,condition, history, or photos of vehicles. CarValue reports are provided forinformational purposes only from an unaffiliated third-party car valuers, and Topcar.co.keis not responsible for any incorrect information or mistakes. We cannot verifythe information/photos that sellers supply or guarantee the vehicles theyoffer. When using this Site, please use common sense and good judgment. Whendealing with prospective purchasers/sellers, we urge you to take the same precautionsyou would take if you were purchasing/selling a car through a classified ad inthe newspaper.
TOPCAR.CO.KE MAKES NO GURANTEES, WARRANTEES ORREPRESENTATIONS REGARDING ANY VEHICLES LISTED FOR SALE ON OUR SITE. VEHICLESALES ARE BETWEEN THE BUYER AND THE SELLER ONLY. TOPCAR.CO.KE DOES NOT OWN,INPSECT, BUY, OR SELL, ANY VEHICLES LISTED FOR SALE ON OUR SITE. TOPCAR.CO.KEDOES NOT HOLD OR POSSESS TITLE FOR ANY VEHICLE LISTED FOR SALE ON OUR SITE.
In addition, as a Sell My Car seller you represent and warrant:(i) that you are not a motor vehicle dealer or broker, or acting in thecapacity as an owner, employee or representative of a dealer or broker, (ii)that all information submitted to Topcar.co.ke about a particular vehicle andyour contact information are accurate and true. In addition, you agree toapprove listing descriptions as complete and accurate before publication, (iii)that all relevant vehicle information is included in the listing submission,(iv) that you are prepared to sell the listed vehicle at the price at which itis listed, (v) that you have possession of the actual vehicle listed and theproper authority to transfer title.
All applications for credit and/or lending arrangementsare through one or more unaffiliated third-party providers over whom Topcar.co.kehas no control. Any application for credit or lending arrangement, terms,conditions, warranties, or representations associated with any application forcredit or lending arrangement, is solely between you and any such third-partyprovider. Topcar.co.ke is not responsible or liable for any loss or damageincurred as the result of such application for credit or lending arrangement.
Grant of License; Use Of The Site
Topcar.co.ke grants to you a personal, revocable,nonexclusive, non transferable license to view, download, and print limitedportions of the Site Content available in the public areas of the Site subjectto the following conditions: (i) you may only do so on an occasional basis foryour own personal and non-commercial use; (ii) you may not modify the SiteContent; (iii) any displays or printouts of Site Content must be marked "©2019, Topcar.co.ke, All rights reserved."; (iv) you may not remove ormodify any copyright, trademark, or other proprietary notices that have beenplaced in/on the Site Content by Topcar.co.ke; and (v) you may not reproduce,modify, adapt, translate, edit, upload to, transmit, store, further post,mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from,sell or distribute or publicly display, perform or telecommunicate SiteContent, except as provided herein. Except as expressly permitted above,copying, transmission, reproduction, public display, performance ortelecommunication, reproduction, republication, modification, adaptation,translation, editing, storing, transmitting, creation of derivative works,posting, or redistribution of the Site Content or any portion thereof isstrictly prohibited without the prior written permission of Topcar.co.ke. Torequest permission, you may contact Topcar.co.ke as follows:
By email to: firstname.lastname@example.org
You may not use Site Content in any manner that suggeststhe affiliation, sponsorship, endorsement or association with or by Topcar.co.kewith or of you or any third-party entity, person, product or service unlessexpress written permission has been given by Topcar.co.ke in advance. Yourepresent and warrant that your use of Site Content will be consistent withthis license and will not infringe or violate the rights of any other party orbreach any contract or legal duty to any other parties, or violate anyapplicable law. Any unauthorized use of the Site or the Site Content willterminate the permission granted by this Agreement and may violate applicablelaws, including copyright law, trademark laws, and commercial regulations andstatutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
TOPCAR.CO.KE MAKES NO CONDITION, REPRESENTATION ORWARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANYPORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHERCONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS,"“AS AVAILABLE” BASIS, AND TOPCAR.CO.KE EXPRESSLY DISCLAIMS ANY AND ALLCONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FORPARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THEFOREGOING. TOPCAR.CO.KE ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY ORREPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS,NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, ANDALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. TOPCAR.CO.KE DOES NOTGUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THATTHE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE ANDCOVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVERARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUTLIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OFPROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TOACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT TOPCAR.CO.KE HAS ORSHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATIONARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE ATYOUR OWN RISK AND NEITHER TOPCAR.CO.KE, ITS AFFILIATIES AND SUBLICENSEE NOR THEPARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITECONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF ORINABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM ORADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION,CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHERDAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, ANDLOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVELIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, TOPCAR.CO.KEALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OFTHE SITE AND THE SITE CONTENT.
YOU AGREE TO INDEMNIFY TOPCAR.CO.KE AND ITS OWNERS,SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, ANDLICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS,AND HOLD ALL OF THEFOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY ANDEXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOURUSE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.