www.sparegarage.co.ke is a website operated by Spare Garage Limited (“Spare Garage”). Spare Garage Limited is a company registered in Kenya under the Companies Act 2015, Laws of Kenya.
For the purpose of these Terms and Conditions and wherever the context so requires, the terms “you” and “your” shall mean any person who uses this Website in any manner whatsoever including persons browsing the Website and its content or responding to any advertisements or content on the Website. By using the Service, you agree to comply with these Terms. Further, you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto, your only choice is to immediately discontinue use of this website. These Terms may be updated by Spare Garage Ltd at any time at its sole discretion.
NOW We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Spare Garage Ltd is not in any way involved in any transaction. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Spare Garage Ltd is not a party to any transaction, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions. You use the Service and the Website at your sole risk and responsibility.
In consideration of the mutual promises and other valuable consideration exchanged by the parties as set forth herein, the parties, intend to be legally bound and agree as follows:
Spare Garage agrees to dedicate this website for purposes of linking sellers and buyers of motor vehicles, vehicle spare parts and garage service providers through advertisements listed in the website at a Consideration.
You agree to defend, indemnify and hold harmless Spare Garage Ltd, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that any Content provided in this website caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
You agree not to attempt to gain unauthorized access to the computer systems owned or controlled by Spare Garage Ltd or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.
Furthermore, you acknowledge and agree that Spare Garage Ltd reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that it shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service offered on its website.
All express and implied warranties, including but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
In order to place an advertisement, the Advertiser will;
Spare Garage will require payment by the advertiser at the agreed advertising rate following the figures quoted at the booking form.
Spare Garage reserves the right to change the advertising rate at any time without notice.
By submitting any Content on the Website, you hereby grant to Spare Garage Limited an irrevocable, noncancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Spare Garage Limited's (and its successors') business, including and without limitation to the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Spare Garage Limited in order to host and display your Content. Furthermore, by us posting Content to any public area of the Service, you agree to and do hereby grant all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once Spare Garage Limited removes or deletes such Content from the Website.
Spare Garage Limited does not endorse or recommend any of the vehicles, dealers, importers, buyers, agents or products advertised on its Site and strongly recommends that prior to entering into any agreement with any of the Advertisers on the website, that you obtain your own independent legal, accounting, financial, customers, mechanical, road-worthiness or taxation advice as appropriate. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, vehicles, products and other information provided through the Site or on the Internet generally.
In no event will Spare Garage Limited be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from this Site.
You acknowledge and agree that Spare Garage Limited shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Spare Garage Limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, you hereby release Spare Garage Limited, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services.
Copyright in the material and trademarks on this Site are owned by Spare Garage Limited unless otherwise indicated and you agree not to infringe any intellectual property rights owned by it.
Spare Garage Ltd provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Spare Garage Ltd cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Spare Garage Ltd may terminate this Agreement through a 30-day written notice to the Advertiser.
A Party may terminate this Agreement by written notice to the other Party (the "Defaulting Party") if: -
Upon the termination or expiry of the said agreement Spare Garage Ltd will immediately cease to provide the Advertising Services and the Advertiser must pay all outstanding Fees to Spare Garage Ltd.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Spare Garage Ltd and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
The Terms and the relationship between you and Spare Garage Ltd shall be governed by the laws of the Republic of Kenya without regard to any conflict of law principles. Any claim you may have against Spare Garage Ltd must be submitted to the exclusive jurisdiction of the courts located within the Republic of Kenya.
The failure of Spare Garage Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
Please report any violations of the terms and conditions that you become aware of by contacting us at firstname.lastname@example.org