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TERMS AND CONDITIONS1. Introduction2. Definitions3. Nature of Services4. Eligibility5. User Accounts6. Vehicle Listings7. Fees and Payments8. Prohibited Conduct9. Intellectual Property10. Privacy and Data Protection11. Disclaimers12. Limitation of Liability13. Indemnity14. Suspension and Termination15. Amendments16. Governing Law and Jurisdiction17. Contact Information

TERMS AND CONDITIONS

HYPERMAX DIGITAL LIMITED

Website: www.kenyausedcars.com

Last Updated: January 2026

1. Introduction

These Terms and Conditions (“Terms”) govern access to and use of the website www.kenyausedcars.com (“Website”), owned and operated by Hypermax Digital Limited (“Hypermax”, “we”, “us”, or “our”), a company incorporated under the laws of the Republic of Kenya.

By accessing, registering on, or using the Website, you agree to be legally bound by these Terms. If you do not agree, you must immediately stop using the Website.

2. Definitions

  • User means any person who accesses or uses the Website.

  • Seller means a User who lists a vehicle for sale on the Website.

  • Buyer means a User who views or inquires about vehicle listings.

  • Services means the online advertising and listing services provided by Hypermax.

  • Content means any text, images, data, listings, or materials posted on the Website.

3. Nature of Services

3.1 Hypermax is an online vehicle advertising platform that connects sellers with buyers of used motor vehicles. Our role ends once the seller and buyer are successfully linked.

3.2 Hypermax is not a motor vehicle dealer, broker, agent, or auctioneer and does not:

  • Inspect vehicles;

  • Verify ownership beyond basic checks;

  • Participate in negotiations;

  • Facilitate payments; or

  • Transfer ownership of vehicles.

3.3 Any transaction entered into between a Buyer and Seller is a private agreement between those parties.

4. Eligibility

To use the Website, you must:

  • Be at least 18 years old;

  • Have legal capacity to enter into a binding contract under Kenyan law;

  • Provide accurate and truthful information.

5. User Accounts

5.1 Users may be required to register an account to access certain Services.

5.2 You are responsible for maintaining the confidentiality of your login credentials and all activities conducted through your account.

5.3 Hypermax reserves the right to suspend or terminate accounts that violate these Terms.

6. Vehicle Listings

6.1 Sellers warrant and represent that:

  • They are the lawful owners of the vehicle or are duly authorized to sell it;

  • All information provided is accurate, complete, and not misleading;

  • The vehicle complies with all applicable Kenyan laws and regulations.

6.2 Hypermax reserves the right to edit, reject, suspend, or remove any listing that:

  • Is false or misleading;

  • Violates these Terms;

  • Is unlawful or inappropriate.

7. Fees and Payments

7.1 Some Services may be subject to fees, which shall be clearly disclosed before payment.

7.2 Unless expressly stated otherwise, all fees paid are non-refundable.

7.3 Hypermax may revise pricing at any time with notice on the Website.

8. Prohibited Conduct

Users shall not:

  • Post false, misleading, or fraudulent listings;

  • Upload unlawful, offensive, defamatory, or infringing content;

  • Use the Website for illegal or unauthorized purposes;

  • Attempt to disrupt, hack, or interfere with the Website’s operation.

9. Intellectual Property

9.1 All intellectual property rights in the Website, including logos, trademarks, content, and software, belong to Hypermax or its licensors.

9.2 Users grant Hypermax a non-exclusive, royalty-free license to use uploaded Content for purposes related to the Services.

10. Privacy and Data Protection

Use of the Website is subject to Hypermax’s Privacy Policy and Data Protection Policy, which form part of these Terms.

11. Disclaimers

11.1 The Website and Services are provided on an “as is” and “as available” basis.

11.2 Hypermax does not guarantee:

  • The accuracy of listings;

  • The condition or legality of vehicles;

  • That Buyers and Sellers will complete transactions.

12. Limitation of Liability

To the maximum extent permitted by Kenyan law, Hypermax shall not be liable for:

  • Losses arising from Buyer–Seller transactions;

  • Financial loss, loss of profit, or business interruption;

  • Indirect, incidental, or consequential damages.

13. Indemnity

Users agree to indemnify and hold harmless Hypermax from any claims, losses, damages, or liabilities arising from:

  • Their use of the Website;

  • Breach of these Terms;

  • Violation of any law or third-party rights.

14. Suspension and Termination

Hypermax may suspend or terminate access to the Website without prior notice where a User:

  • Breaches these Terms;

  • Engages in unlawful or fraudulent conduct;

  • Poses a risk to the platform or other users.

15. Amendments

Hypermax may update these Terms at any time by posting revised Terms on the Website. Continued use constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. The courts of Kenya shall have exclusive jurisdiction.

17. Contact Information

For inquiries regarding these Terms, contact:

Hypermax Digital Limited

Email: hypermaxdigital@gmail.com