1. Introduction

Welcome to CarKitu ("we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website and services (the "Platform"). By using the Platform you agree to these Terms. If you do not agree, do not use the Platform.

2. Who these Terms apply to

These Terms apply to three categories of users:

• Sellers — dealerships or sales agents who list vehicles and services.
• Buyers / Customers — people or businesses requesting or sourcing vehicles.
• Referral Agents — individuals who share referral links to introduce Buyers to the Platform in exchange for commissions.

3. Eligibility

Users must be at least 18 years old. Sellers and Referral Agents must provide lawful and accurate personal information. We reserve the right to refuse, suspend, or deactivate accounts.

4. Accounts & Security

Account holders are responsible for protecting login credentials and for all activity on their account. Notify us immediately of any unauthorized use.

5. Services & Listings

Sellers may list vehicles and services. Buyers may submit orders. CarKitu acts as a matching and facilitation platform. CarKitu is not the seller or buyer; transactions occur directly between Sellers and Buyers.

6. Content, Accuracy & Representations

Sellers and Referral Agents must ensure any information shared about CarKitu or listed vehicles is accurate and not misleading. Misrepresentation, spam, or fraudulent promotion is prohibited. We may remove content that violates these Terms.

7. Fees, Commissions & Payments

CarKitu operates a hybrid model of subscription features and success-based commissions.

7.1 Platform Fees

Paid features such as listing plans, boosts, and promotional services are charged as indicated on the Platform at the time of purchase. All fees are non-refundable except where required by applicable law.

7.2 Sales Commission (Registered Sellers & Dealerships)

Dealerships, sales executives, and freelancers using CarKitu accounts agree to pay CarKitu a commission of 1.5% of the final selling price for each vehicle sale successfully concluded through the Platform.

7.3 Sales Commission (No-Account / One-Off Listings)

Sellers who list vehicles using the one-off, no-account listing flow agree to pay CarKitu a commission of 2% of the final selling price for each successful sale arising from the Platform.

7.4 When Commission Becomes Payable

A commission is deemed earned and payable when:

• A Buyer is introduced, matched, or connected to a Seller via the Platform; and
• A sale, agreement to sell, deposit payment, or transfer of ownership occurs between the Buyer and Seller.

7.5 Payment Terms

All commissions are due within 48 hours of sale completion unless otherwise agreed in writing. CarKitu reserves the right to issue invoices and pursue recovery of unpaid commissions.

7.6 Anti-Circumvention

Users agree not to bypass, avoid, or circumvent CarKitu to complete transactions introduced through the Platform for the purpose of avoiding commission. Any such attempt shall constitute a material breach of these Terms, and CarKitu reserves the right to:

• Charge the full commission as if the transaction occurred through the Platform;
• Suspend or terminate accounts;
• Pursue recovery of unpaid fees through legal means.

7.7 Verification & Records

CarKitu may rely on its internal logs, communication records, lead tracking systems, and user activity data to determine whether a transaction originated from the Platform. Such records shall serve as prima facie evidence in case of disputes.

7.8 Third-Party Payment Providers

Payments may be processed via third-party providers (including M-PESA). Users agree to comply with applicable terms of such providers.

8. Matching & Leads

We run an automated matching engine to surface relevant listings to Buyers. Matching is a best-effort service; we do not guarantee sale results. Sellers and Referral Agents are not guaranteed earnings or commissions.

9. Platform Role & Transaction Responsibility

CarKitu is a technology platform that facilitates discovery, matching, and communication between Buyers and Sellers. CarKitu is not a party to the sale transaction and does not take ownership of listed vehicles.

All negotiations, agreements, payments, and transfers of ownership occur directly between Buyers and Sellers. Users are solely responsible for conducting due diligence, verifying vehicle condition, ownership, and documentation.

10. Editing & Approvals

Major listing edits (make/model/year/unique id/reg_no/VIN) may require admin approval to prevent misuse. Minor edits (price, mileage, description) may be applied immediately.

11. Referral Agents (Additional Terms)

• Referral Agents may promote CarKitu using their unique referral links only.
• Referral Agents must not impersonate CarKitu staff, dealerships, or partners.
• Spam, misleading advertising, or unethical promotion is strictly prohibited.
• CarKitu reserves the right to approve, suspend, or deactivate Referral Agent accounts at any time.
• Referral tracking is based on our internal systems and records, which shall be final in case of disputes.
• Commissions are only payable for completed purchases that are verified by CarKitu.
• CarKitu may withhold or revoke commissions in cases of fraud, abuse, duplicate referrals, or policy violations.
• Referral Agents act independently and are not employees, partners, or representatives of CarKitu.

12. Suspension, Deactivation & Termination

We may suspend or deactivate accounts for policy violations, fraud, misuse, or at the user's request. Deactivated Seller or Referral Agent accounts may forfeit pending commissions.

13. Limitation of Liability

To the fullest extent permitted by law, CarKitu and its officers are not liable for losses arising from use of the Platform, interactions between Users, or reliance on listing information.

14. Indemnity

You agree to indemnify CarKitu against losses from your breach of these Terms or your misuse of the Platform.

15. Governing Law

These Terms are governed by the laws of the Republic of Kenya.

16. Changes to these Terms

We may update these Terms — when we do we'll post the revised version with an updated effective date. Continued use after changes indicates acceptance.