support@garisea.com
Terms & Conditions
Last Updated: 9 Nov 2023
These Terms and Conditions ("Terms") govern your use of the Garisea.com (the "Website") and the services provided by garisea.com parent company, Francton Limited ("Company," "we," "us," or "our"). By using the Website, you agree to comply with and be bound by these Terms. Please read them carefully before using the Website. If you do not agree with these Terms, you should not use the Website.
Definitions
In these Terms and Conditions:
"Account" means the Garisea Account that you will need to register on our Platform if you would like to engage a Seller (Vendor);
"Apps" means our Garisea vendor platform, mobile apps on iOS and Android;
"Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Kenya, excluding Saturdays, Sundays, and gazetted public holidays;
"Contract" means your engagement with a Seller (Vendor) or order of Products in accordance with these Terms and Conditions herein;
"Customer" means any individual who engages with the Seller (Vendor) on the Platform;
"Platform" means collectively Garisea’s Apps and Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
"Website" means the Garisea website accessed at the following address at www.garisea.com;
"You" means the Seller/Vendor, or Buyer/Customer or a guest;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and
References to "includes" or "including" or like words or expressions shall mean without limitation.
User Eligibility and Registration
You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Website.
You agree to provide accurate and complete information during the registration process and to keep your account information updated.
User Responsibilities
You are solely responsible for maintaining the confidentiality of your account and password.
You agree not to:
Violate any applicable laws or regulations.
Use the Website for any fraudulent or unlawful purpose.
Infringe upon the rights of others, including intellectual property rights.
Post, upload, or transmit any content that is offensive, defamatory, or harmful to others.
Interfere with or disrupt the Website's operation or security.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under the Laws of Kenya. In the event such breach occurs, Garisea will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
Entire Agreement
These Terms and Conditions shall apply to your use of the Platform and all Engagements and Contracts made or to be made by us for the offering of services and marketing platform. These Terms and Conditions constitute the entire agreement between you and Garisea and supersede any and all preceding and contemporaneous agreements between us.
You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
Terms of Service
1. Registration
As a Seller (Vendor), to market your vehicles, you must register with us by creating an Account on the Platform with your personal information, and your legally registered organization information. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
As a Buyer, to engage a Seller (Vendor), you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
You shall not misuse the Platform by creating multiple user accounts.
2. Formation of a Contract (Seller/Vendor)
To be eligible to enter into a Contract under these Terms and Conditions, you are REQUIRED TO BE A REGISTERED ENTITY in the Republic of Kenya, and not an individual. You will be required to provide your organization documentation during the registration and verification processes, and upon satisfying Garisea, then your account shall be made active on Garisea platforms.
The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Vehicle listings or Seller (Vendor) accounts shall exist between you and us until we have engaged on any form of Promotions run by us on the website.
To create a Promotion, you will be required to follow the online promotion process on the Platform. After this you will receive an Acknowledgment which will act as an acknowledgement of our receipt of your Promotion request. You acknowledge that the receipt of an Acknowledgment is not considered an acceptance of your Promotion by us.
A Promotion is only considered accepted by us upon your Promotion fee being paid, at which time you will receive an email notifying you that the Promotion has been activated. Please check on the promotion status via the Platform.
A Contract will relate only to those Promotions which we run for you during the duration of the Promotion.
3. Price and Payment
Using Garisea platform is FREE for all the basic features and actions.
As a Seller (Vendor), if You so wish to promote your Garisea vendor shop or vehicle listing, we have provided a platform for that and the costs implicated for each promotion stream and slot on the site have been clearly outlaid on the Vendor Platform.
You can pay using any of our payment options listed on our Platform. All payments are paperless and are made and confirmed asynchronously. Similarly, you can pay all or part of the price of your Promotion using our issued promotional voucher.
To minimise the risk of unauthorised access, we encrypt your payment data. If you're using card payment, once we receive your Promotion request, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Promotion request will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Promotion request Acknowledgment. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of the Promotions.
Upon authorisation of the payment, by clicking the "Pay now" button you are confirming that the card belongs to you or that you are the legitimate holder of the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Promotion.
4. Mistaken Promotions
If you discover that you have made a mistake with your Promotion request after you have submitted it to the Platform, please contact us through the Chat platform on the Vendor account immediately. We will try our best to process your request.
5. Refusal of Promotion request
We reserve the right to withdraw any Promotions from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Promotion requests but there may be exceptional circumstances wherein we may need to refuse to process a Promotion request after we have sent you an Promotion request Acknowledgement, which we reserve the right to do at any time at our sole discretion. We will not charge or bill you for any service not used.
If we cancel your Promotion request and you have already made payment for your Promotion, the payment amounts will be fully refunded to you.
You shall not misuse the Platform by creating multiple user accounts.
Verification Process
All Sellers (Vendors) undergo a thorough review and verification process comprising both digital and physical verifications. Only Activated Sellers (Vendors) will have their listings visible on the website. Once the Vendor is confirmed to meet the Garisea standards and expectations, they will receive a Vendor Verified Badge on their Garisea shop and all their vehicle listings.
Vehicles also undergo a thorough checklist-guided verification process, and once they are verified and are confirmed to be as advertised on the website, they will recieve a Vehicle Verification Badge.
Vehicle Listings
All vehicle descriptions, information and materials posted on this Platform are solely provided by the Seller (Vendor) and not Garisea.
Vehicle image as seen on the Platform may slightly differ from the actual Vehicle when you view it physically.
DISCLAIMER OF LIABILITY
The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Garisea and its affiliates, partners, service providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Nothing in these Terms and Conditions shall exclude or limit Garisea’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify, defend, hold harmless Garisea, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of these Terms and Conditions.
Guarantee and Complaints Management
Garisea shall perform its obligations under these Terms and Conditions with reasonable skills and care.
We place great value on our Customer satisfaction. You may contact us at any time using the Live Support icon at the bottom-right section of the site. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the seller or buyer must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.
In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the conversations or at least the Vendor or Vehicle listing link. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
Personal Data Protection
Please see our Privacy Policy, which forms a part of these Terms and Conditions.
CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
NOTICES
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
Notices given by post shall be deemed to have been served with two (4) Business Days of being posted to the recipient’s address within Kenya.
Any notice given by email shall be deemed to have been served within two (4) Business Days of the email being sent.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
INTELLECTUAL PROPERTY RIGHTS
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, video clips, campaign titles and data compilations is the property of Garisea or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Garisea and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of Garisea in Kenya and other countries. Garisea's trademarks may not be used in connection with any product or service that is not provided by Garisea, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Garisea. All other trademarks not owned by Garisea that appear on the Platform are the property of their respective owners.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event Garisea becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Garisea or its licensors.
Links on the Platform
You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any Platform that is not owned by you.
This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the publicly available pages. We reserve the right to withdraw linking permission without notice.