Rules for the use of the website and provision of services
1.General provisions
- 1.1.These rules (the Rules) lay down the terms and conditions for the use of the website CarTrust.com (CarTrust.com) and Services provided on CarTrust.com.
- 1.2.CarTrust.com is managed and administered by ,Kisokolab Ltd.
- 1.3.The User confirms their consent to the Rules and undertakes to comply with them when using CarTrust.com in any way or form. Any user who does not agree with one or more of the terms and conditions of the Rules will have no right to use CarTrust.com.
2.Definitions
- 2.1.For the purposes of these Rules, the following terms, when capitalized, have meanings as specified in this paragraph of the Rules.
- 2.2.Report means a vehicle history report, which contains various types of information about the vehicle that CarTrust.com Users might order.
- 2.3.Commercial User means any natural or legal person who uses the Services for purposes of business, trade, craft or profession (other than private consumption) or for the dual purpose of private consumption and business, but considering all the circumstances related to the Services, business purposes dominate.
- 2.4.Credits means Credits included in the User Account acquired by the User, which can be exchanged for obtaining the Report. One Credit can be exchanged for one Report.
- 2.5.User means the person who has ordered the Report or who is otherwise using CarTrust.com, including Private Users and Commercial Users.
- 2.6.Account means the User Account at CarTrust.com that the User opens in order to access Services.
- 2.7.Services means services provided to the User for consideration which the User can receive at CarTrust.com, including, but not limited to, ordering and the provision of Reports or Credits.
- 2.8.Initial Report means the information provided by CarTrust.com by entering the vehicle identification number and the data categories that are verified and included in the Report.
- 2.9.Private User means a natural person who uses Services for purposes other than those related to business, trade, craft or profession (for the purpose of consumption) or for the dual purpose of consumption and business but considering all the circumstances related to the Services, business purposes do not dominate.
- 2.10.Vehicle identification number (Car Registration (number plate)) means the unique 17-digit code assigned by the manufacturer to each vehicle leaCar Registration (number plate)g their factory.
- 2.11.Third-Party Websites means independent Third-Party Websites, i.e. not related to CarTrust.
3.Report
- 3.1.The User may purchase Credits that can be exchanged for a Report or enter the Car Registration (number plate) code on CarTrust.com and receive the Report for the specific Car Registration (number plate) (in this case the Credit purchased by the User is automatically exchanged for the specific Car Registration (number plate) Report). Credits will be credited to the User’s Account no later than within 60 minutes from the receipt of payment in accordance with the procedure laid down in these Rules (or, if the Credits are ordered by the Commercial User, from receipt of payment in accordance with the procedure laid down in these Rules or within such timeframe as provided for in a separate agreement between CarTrust and the relevant Commercial User).
- 3.2.The Credit price, considering the situation on the market, special offers, currency fluctuations and other elements, is constantly changing, but the current valid pricelist for Credits and other Services is always available at CarTrust.com. The final price of the Credits applicable at the time of the order will always be displayed in the window where the method of payment for the Credits is selected.
- 3.3.The Credits purchased by the User will be valid for 6 months from the moment of purchase. Upon expiry of this period, the User’s Credits will no longer be valid, they will be deleted from their Account and the User will no longer be able to exchange them for Reports.
- 3.4.When the User enters a vehicle Car Registration (number plate) on CarTrust.com, they can view the Initial Report, which indicates the information that will be verified and provided in the Report (provided the records are available). The Report may not contain records of certain data categories indicated in the Initial Report, which means that CarTrust failed to find records in a certain data category or categories.
- 3.5.The Report will be uploaded to the User Account no later than within 5 minutes after debiting the Credit from the User Account (or, if the Report is ordered by the Commercial User, from the moment the Credit is debited from the User Account or within such timeframe as provided for in a separate agreement between CarTrust and the relevant Commercial User), and an email is sent to the User’s email address specified in the Account with a link to the Report.
- 3.6.The Report is available to the User on the web browser for a limited period of time as specified in Paragraph 4.7 of the Rules, and it may be accessed via the User Account or the active link. It is also possible to save the Report in a durable medium from CarTrust.com onto the User’s device in PDF format.
- 3.7.The Report is available to the User on the web browser for a period of 30 calendar days from the date of uploading the Report to the User Account. After the expiry of the term specified, the Report will not be accessible to the User, the User will no longer be able to save it in PDF format, and if the User wishes to order a new Report on a specific vehicle, they can order a new Report.
- 3.8.CarTrust is striCar Registration (number plate)g to provide the most accurate and complete information in the Report. However, the information presented in the Report, must be collected from a wide range of public databases and other sources the content of which, as well as its accuracy, relevance and completeness of data, is not within CarTrust control. CarTrust simply provides aggregate information to the User in the form of a Report. Accordingly, when purchasing the Report, the User confirms they understand and agree that:
- 3.9.to the extent permitted by applicable law, CarTrust does not guarantee that the information contained in the Report is accurate, relevant and complete.
- 3.10.all or part of the information provided in the Report may not be available to CarTrust in certain jurisdictions, even if it is available to other third parties. Accordingly, a reverse option is possible where all or part of the information provided in the Report may be available to CarTrust in certain jurisdictions, but not available to other third parties.
- 3.11.The User will assume full responsibility for their decisions, for the purchase or the refusal to purchase a vehicle, on the basis of the information contained in the Report. In the event of any doubt as to the information contained in the Report, the User should verify with the relevant competent authorities. CarTrust recommends such verification in all cases when a decision is taken on the basis of the Report, e.g. before a decision to purchase a vehicle.
- 3.12.The advice or information provided in the Reports or on the website should not in any way be treated as an offer, demand or recommendation to purchase, rent or otherwise acquire rights to the vehicle specified in the Report.
- 3.13.CarTrust does not prohibit and encourage Users to make public or otherwise use the Report to the extent this is related to the User’s intent to evaluate the vehicle or to provide its evaluation to third parties in order to justify certain characteristics and reliability of the vehicle. It is, however, prohibited for the User to resell or otherwise use the Report directly in commercial activities where the Report itself or a part thereof is the subject of a commercial transaction or commercial activity.
4.Responsibilities of the User
- 4.1.The User undertakes not to use automatic devices, software, algorithms or methodologies, or any similar or equivalent manual process to access, acquire, copy or monitor any part of CarTrust.com or any content, or in any way to restore or bypass the CarTrust.com navigation structure or CarTrust.com or any of its content, to obtain or attempt to obtain any material or information not specifically accessible to the User on CarTrust.com.
- 4.2.The User undertakes not to seek unauthorized access to any part or function of CarTrust.com, or systems or networks related to CarTrust.com by unauthorized hacking, password mining or by other unlawful means.
- 4.3.The User undertakes not to take action that would unreasonably or disproportionately overload the infrastructure or systems or networks related to CarTrust.com.
- 4.4.The User undertakes not to use any device, software or take other action that would interfere or that would be used in an attempt to interfere with the proper operation of CarTrust.com or any operation performed by CarTrust.com or the use of CarTrust.com by any person.
- 4.5.The User undertakes not to use CarTrust.com or any content contained therein for unlawful purposes or purposes non-compliant with the Rules or seeking to encourage any illegal activity or other activity that violates the rights of CarTrust or other persons.
- 4.6.The User undertakes to abide by these Rules and relevant legal requirements when using CarTrust.com, its Services or performing payment for the Services.
5.Services
- 5.1.The agreement for the provision of Services between CarTrust and the User is deemed to have been concluded from the moment of receipt of payment, in accordance with the procedure laid down in these Rules (or, if the Services are ordered by the Commercial User, from the moment of receipt of payment in accordance with the procedure laid down in these Rules or within such timeframe as provided for in a separate agreement between CarTrust and the relevant Commercial User).
- 5.2.Users will pay CarTrust.com for the Services, via the method chosen by the User—credit or debit cards, by bank transfer, PayPal or cryptocurrency. Services to the Private User are provided only after the Private User pays for them in accordance with these Rules and with the procedure laid down in CarTrust.com. Services to the Commercial User will be provided after the Commercial User pays for them in accordance with the procedure laid down in these Rules and/or within such timeframe as provided for in a separate agreement between CarTrust and the Commercial User, if any.
- 5.3.If the User pays for the Services in cryptocurrency, they will be fully responsible for ensuring that such payment complies with the legal requirements of the relevant jurisdiction. To the extent permitted by applicable law, CarTrust assumes no responsibility whatsoever for the security of such payment.
- 5.4.CarTrust has the right to organize promotional campaigns, during which Users may be granted discount codes for Services. CarTrust has the right to determine the conditions for the application of the specific discount code, including, but not limited to, the term of validity of the discount code, the type of Services to which it applies, and other restrictions. In order to use the discount code for Services, the User must enter the code in the relevant window where the User selects the payment method. If no code is entered in the manner described in this paragraph, the code will not apply to the Services ordered by the User.
- 5.5.In view of the varying economic factors of different markets, CarTrust.com reserves the right to apply different pricing for Services in each country.
- 5.6.For the purposes of value-added tax (VAT) or any similar tax applied in the jurisdiction where the Services are provided, Services are considered to be services provided via electronic means. Consequently, when determining the place of supply of Services to Private Users, CarTrust will observe the provisions of the Kenyan VAT Act, 2013, and its amendments, as well as any relevant guidelines issued by the Kenya Revenue Authority (KRA). CarTrust will apply the VAT rate based on the location of the Private User as required under Kenyan law. CarTrust will use technological, communication, and other objectively available means to determine the location of the Private User. If discrepancies arise between the data obtained using these methods, CarTrust may rely on data provided directly by the Private User. The Private User is solely responsible for the accuracy and reliability of such provided data. For Services provided to Commercial Users, CarTrust will apply the general VAT rules outlined in the Kenyan VAT Act, 2013, for determining the place of supply.
- 5.7.The User who purchases the Services may receive a VAT invoice into the User Account opened at CarTrust. The invoice might be sent via email or downloaded from CarTrust.com.
6.Protection of Private Users
- 6.1.If the Services, e.g. the purchase of Credits, are ordered by the Private User, the Private User will have the right, without reason, to cancel such agreement within 14 days by notifying CarTrust by email at info@cartrust.com, except for the cases provided for in Paragraph 7.2 of these Rules. The Private User will notify the cancellation of the Services referred to in this paragraph using the above email address in a free format, indicating the order number, date, contact details and the wish to cancel a specific order for Services. CarTrust will, without delay, but no later than 14 days from the date of receipt of the Private User’s notification of cancellation, refund all sums paid by the Private User.
- 6.2.If the Private User wishes to exchange Credits for the Report, prior to any such exchange the Private User will expressly confirm and agree that, in view of the fact that the Report is a digital content and will be made available to the Private User virtually immediately, the Private User will lose the right to cancel the agreement for the digital content Services within 14 days. If the Private User purchases a Credit package, i.e. more than one Credit, depending on the complexity of the Credit package (e.g. discounts on the Credit package as compared to the purchase of a single Credit), where the Private User uses at least one Credit in a package, they will lose the right to cancel the agreement for the digital content Services with respect to the entire Credits package.
7.Personal Data Protection
- 7.1.Information about the processing of personal data of Users is available in the CarTrust.com Privacy Policy. By confirming that the User has read these Rules, the User also confirms that they have familiarized themselves with the CarTrust.com Privacy Policy, specified above in this paragraph of the Rules.
8.Change or Termination of Services
- 8.1.CarTrust has the right to unilaterally change the Services provided by CarTrust.com and their prices, and any other provisions of the Rules. If the changes have a negative impact on (e.g. restriction of) the rights of Private Users, CarTrust will only make such changes if there is sufficient basis for it, e.g., if relevant provisions of the applicable laws change or if we restructure or adjust our business model. Private Users will be given reasonable notice of changes by email to the address specified in their Accounts, no later than 5 calendar days before such change. If, after changing, amending or supplementing the Rules and notifying the Private User thereof in accordance with the procedure laid down in this paragraph of the Rules, the Private User will continue to use CarTrust.com, this will be deemed as the Private User’s consent to the Rule amendments. CarTrust confirms that the amendments will in no way adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.
- 8.2.CarTrust has the right to restrict or terminate User access to CarTrust.com and/or Services at any time if the User violates the requirements of these Rules and/or applicable laws. If the User, who violates the requirements of these Rules and/or applicable laws, has an Account, they will be notified of the restriction or termination of User access by email to the address specified in the Account. If CarTrust restricts or terminates User access to CarTrust.com and/or Services, said User will have no right to use CarTrust.com and/or Services in the future, e.g. by creating a new Account.
- 8.3.CarTrust has the right to temporarily restrict CarTrust.com activities to perform CarTrust.com technical maintenance or related technical functions by giCar Registration (number plate)g Private Users reasonable early notice to the email address specified in the Account. In the event of an emergency, CarTrust.com reserves the right to temporarily restrict its activities without notifying Private Users, provided that, such restrictions will not adversely affect the rights of Private Users regarding the Services already executed or in the process of being executed.
- 8.4.CarTrust also confirms that CarTrust.com activities may temporarily be restricted due to force majeure circumstances. In this case, CarTrust will notify Private Users of the force majeure circumstances without delay, but CarTrust will not be responsible for CarTrust.com disruptions caused by force majeure.
9.Liability
- 9.1.The User agrees and undertakes to defend, indemnify...
- 9.2.To the extent permitted by applicable law, CarTrust shall not be liable...
- 9.3.CarTrust.com will only be responsible for the technical placement...
- 9.4.CarTrust.com may contain links to other Third-Party Websites...
10.Intellectual Property Rights
- 10.1.The material on the CarTrust.com website...
- 10.2.The User has no right to copy, record, in any way...
11.Applicable Law and Dispute Resolution
- 11.1.All CarTrust.com activities will be carried out in accordance...
- 11.2.Disputes between CarTrust and Commercial Users...
- 11.3.The Private User who believes that CarTrust has infringed...
12.Information Protection Measures
- 12.1.CarTrust notes that Users are responsible for the confidentiality...
- 12.2.Although CarTrust strives to protect the User data processed by CarTrust...
13.Final Provisions
- 13.1.These Rules constitute the entire agreement between the User and CarTrust...
- 13.2.If any part of these Rules is declared invalid, unlawful or unenforceable...
- 13.3.CarTrust has the right at its discretion, to assign all or part of the rights...