Eligibility
You must be at least 18 years of age and have the legal capacity to enter into binding contracts under the laws of the Republic of Kenya to use the Service. By using the Service, you represent and warrant that you meet these requirements.
If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" include that entity.
Description of Service
CuliCars provides vehicle history intelligence and community safety tools for the Kenyan automotive market, including:
- Vehicle history reports compiled from available data sources, including import records, odometer contributions, and community data.
- A stolen vehicle alert registry.
- A moderated community watch feed for reporting vehicle-related safety incidents.
- Vehicle ownership verification tools.
User Accounts
3.1 Registration
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update that information as necessary to keep it accurate.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@culicars.com of any suspected unauthorised access. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
3.3 Account Suspension and Termination
We reserve the right to suspend or terminate your account, without prior notice, if we determine in our sole discretion that you have violated these Terms, engaged in fraudulent activity, or posed a risk to the integrity of the Service or other users.
Credits and Payments
4.1 Credit System
Access to full vehicle history reports requires credits. Credits may be purchased via Apple In-App Purchase (iOS), M-Pesa, or other supported payment methods made available from time to time. All pricing is displayed in Kenyan Shillings (KES) or United States Dollars (USD) as applicable, and is inclusive of any applicable taxes unless otherwise stated.
4.2 Non-Refundable Credits
Credits are non-refundable once consumed against a vehicle history report. Unused credits do not expire, have no cash value, and may not be transferred between accounts or redeemed for cash. In the event of a disputed charge, please contact support@culicars.com within 30 days of the transaction.
4.3 Apple In-App Purchases
Purchases made through the Apple App Store are subject to Apple's App Store Terms of Service and are processed by Apple Inc. CuliCars is not responsible for billing errors by Apple. For refund requests on Apple purchases, please contact Apple Support directly.
Community Watch Alerts
5.1 Submission Standards
You may submit community watch alerts describing vehicle-related incidents you have personally witnessed or have reliable knowledge of. All submissions are subject to review by our moderation team before being published. By submitting an alert, you represent and warrant that:
- The information is accurate and not fabricated, exaggerated, or misleading.
- You are not submitting the alert to harass, defame, or harm any individual or entity.
- The submission does not violate any applicable Kenyan law, including the Computer Misuse and Cybercrimes Act, 2018 or the Defamation Act (Cap. 36, Laws of Kenya).
- You have not included personal identifying information about any individual without their consent.
5.2 Moderation
CuliCars reserves the right, in its sole discretion, to approve, reject, edit, or remove any community watch alert — including after publication — without notice and without liability to the submitting user. Submission of an alert does not guarantee its publication.
5.3 Liability for User Submissions
You are solely responsible for the content of alerts you submit. CuliCars assumes no liability for user-submitted content. Submitting false, defamatory, or malicious alerts may result in immediate account termination and may expose you to civil or criminal liability under Kenyan law, including claims of defamation, malicious communication, or criminal libel.
Acceptable Use
You agree not to:
- Use the Service for any purpose that is unlawful under Kenyan law or in violation of these Terms.
- Submit false, fabricated, or misleading vehicle information or community alerts.
- Use report data to stalk, harass, intimidate, or harm any individual or entity.
- Access or attempt to access the Service by automated means, including bots, scrapers, or crawlers, without our prior written consent.
- Reverse-engineer, decompile, or attempt to extract our data compilation methods, algorithms, or proprietary datasets.
- Resell, sublicense, redistribute, or commercially exploit any report content or Service data without our prior written authorisation.
- Circumvent, disable, or tamper with any security measure or access control of the Service.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Upload or transmit malicious code, viruses, or any software designed to damage or interfere with the Service.
Intellectual Property
All content, software, algorithms, data compilations, trademarks, and technology comprising the Service are the property of CuliCars Ltd or its licensors and are protected by applicable intellectual property laws.
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your personal or internal business purposes in accordance with these Terms. No other rights are granted. You may not reproduce, distribute, modify, or create derivative works of any part of the Service without our express prior written consent.
Data Accuracy and Disclaimer
CuliCars compiles vehicle data from multiple sources and employs reasonable measures to maintain accuracy. However:
- We do not guarantee the completeness, timeliness, or accuracy of any report or alert.
- Reports reflect data available at the time of compilation and may not reflect subsequent changes in a vehicle's status, condition, or legal encumbrances.
- Reports should be used as one input in a broader due diligence process and must not be the sole basis for any vehicle purchase, sale, financing, or other financial decision.
- CuliCars accepts no liability for any loss, damage, or claim arising from reliance on report data, community watch alerts, or any other content on the Service.
Third-Party Services
The Service integrates with third-party services including Google Maps, Firebase, Apple In-App Purchase, and M-Pesa. Your use of such services is governed by their respective terms and privacy policies. CuliCars is not responsible for the availability, content, or practices of third-party services.
Disclaimer of Warranties
Limitation of Liability
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF CREDITS PURCHASED BY YOU IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR KES 5,000 (FIVE THOUSAND KENYAN SHILLINGS), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless CuliCars Ltd, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) your submission of community watch alerts; or (d) your violation of any applicable law or the rights of any third party.
Governing Law and Dispute Resolution
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.
13.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be subject to good-faith negotiation between the parties. If the dispute is not resolved within 30 days of written notice, it shall be submitted to the exclusive jurisdiction of the High Court of Kenya, Nairobi Division.
13.3 Consumer Rights
Nothing in these Terms limits or excludes any rights you may have as a consumer under applicable Kenyan consumer protection legislation, including the Consumer Protection Act, 2012.
Changes to These Terms
We may modify these Terms at any time. We will provide notice of material changes by email to the address associated with your account or by in-app notice at least 14 days before the changes take effect. The effective date at the top of these Terms will be updated accordingly. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may request account deletion in accordance with our Privacy Policy.
Severability and Waiver
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and CuliCars Ltd with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
Contact Us
For questions, concerns, or legal notices regarding these Terms:
CuliCars Ltd
Nairobi, Kenya
Email: support@culicars.com
Website: culicars.com/terms