Terms & Conditions

1. Introduction

Welcome to RmSg Kenya ("RmSg," "we," "us," or "our"). These Terms & Conditions govern your use of our automotive marketplace platform, including our website and related services.

By creating an account, listing a vehicle, or using our platform in any way, you agree to be bound by these Terms & Conditions and our Privacy Policy.

If you do not agree with these terms, please do not use RmSg.

2. Eligibility

To use RmSg, you must meet the following requirements:

• Age: You must be at least 18 years old to create an account and use our platform.
• Legal Capacity: You must have the legal capacity to enter into binding contracts under Kenyan law.
• Compliance: You must comply with all applicable Kenyan laws and regulations, including the Kenya Data Protection Act, 2019, and the Consumer Protection Act.
• Honesty: You must provide accurate and truthful information about yourself and any vehicles you list.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password and login credentials secure
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
• Not share your account credentials with others

3.2 Account Types

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms & Conditions
• Engage in fraudulent or illegal activities
• Post misleading or false information
• Harass or threaten other users
• Pose a security risk to the platform

4. Vehicle Listings

4.1 Listing Requirements

When you list a vehicle, you agree to:

• Provide accurate and complete vehicle information
• Include clear, recent photos of the actual vehicle
• Set a realistic and honest price
• Disclose any known defects, damage, or issues
• Specify the exact location of the vehicle
• Provide proof of ownership when requested

4.2 Prohibited Listings

The following listings are strictly prohibited:

• Stolen Vehicles: Any vehicle with unclear or illegal ownership
• Cloned Vehicles: Vehicles with forged identification numbers
• Tampered Odometer: Vehicles with rolled-back mileage
• Outstanding Loans: Vehicles with existing loans or liens
• Illegal Imports: Vehicles imported without proper documentation
• Non-Existent Vehicles: Fake listings or vehicles that do not exist
• Counterfeit Parts: Vehicles containing counterfeit components
• Unroadworthy Vehicles: Vehicles not safe for road use

4.3 Listing Duration and Renewal

• Standard listings remain active for 30 days
• You can renew listings at any time
• Sponsored listings have specific durations based on the package
• Expired listings are automatically removed from search results

5. Seller Responsibilities

As a seller on RmSg, you are responsible for:

5.1 Listing Accuracy

• Ownership: Being the rightful owner or authorized to sell the vehicle
• Accuracy: Providing accurate information about the vehicle's condition and history
• Documentation: Ensuring all required documents (logbook, inspection certificate, etc.) are available
• Transparency: Disclosing any known issues, accidents, or repairs
• Honesty: Honoring all commitments made in the listing

5.2 Communication

• Responsiveness: Responding to buyer inquiries in a timely manner
• Clarity: Clearly communicating vehicle details and terms of sale

5.3 Legal Compliance

• Legal Compliance: Complying with all applicable Kenyan laws regarding vehicle sales
• No Fraud: Not engaging in fraudulent or deceptive practices
• Tax Compliance: Declaring vehicle sale proceeds as required by Kenyan tax laws

5.4 Payment & Transaction Responsibilities

• Agree on payment terms directly with the buyer
• Provide a receipt or proof of payment
• Transfer ownership properly after payment is received
• Complete all required paperwork for the vehicle transfer
• Never send vehicle purchase money to RmSg

5.5 Documentation After Sale

• Provide the buyer with all necessary transfer documents
• Notify the relevant authorities of the transfer (NTSA, etc.)
• Keep copies of all transaction records for your records

6. Buyer Responsibilities

As a buyer on RmSg, you are responsible for:

6.1 Due Diligence

• Vehicle Inspection: Inspecting vehicles thoroughly before purchase
• Document Verification: Verifying vehicle documentation and ownership
• Mechanical Inspection: Having the vehicle inspected by a qualified mechanic if possible
• History Check: Checking for any outstanding loans, accidents, or issues

6.2 Payment Responsibilities

• Make payment directly to the seller using agreed methods
• Get a receipt or proof of payment
• Ensure payment is only made after verifying the vehicle
• Never send money to RmSg for a vehicle purchase
• Agree on payment terms and schedule before completing the transaction

6.3 Transaction Completion

• Complete all necessary transfer paperwork
• Ensure the seller provides all required documents
• Register the vehicle in your name with the relevant authorities
• Keep copies of all transaction records

6.4 Reporting

• Reporting any concerns about listings to RmSg
• Reporting suspicious or fraudulent activity
• Providing feedback to help improve the platform

6.5 Legal Compliance

• Complying with all applicable Kenyan laws regarding vehicle purchases
• Ensuring proper registration and insurance after purchase
• Paying any applicable taxes or fees

7. Pricing and Sponsored Listings

7.1 Free Listings

Standard vehicle listings are free. You can create and manage listings at no cost.

7.2 Sponsored Listings

We offer paid sponsorship options to increase listing visibility:

7.3 Pricing

• All prices are in Kenyan Shillings (KES)
• Prices are displayed on the platform before purchase
• Prices are subject to change with prior notice
• Payment is required before sponsorship begins

7.4 Refund Policy

• Sponsored listing fees are non-refundable once the sponsorship is active
• If there is a technical error, we will investigate and resolve
• Refunds are considered on a case-by-case basis

8. Payments

8.1 Platform Service Payments

RmSg processes payments only for platform services:

• Sponsored listing fees (Featured, Premium tiers)
• Dealer subscription fees (if applicable)
• Boost and promotion services

8.2 Vehicle Purchase Payments

RmSg does NOT handle vehicle purchase payments.

• Vehicle prices are negotiated between buyer and seller
• Payment arrangements are made directly between parties
• RmSg does not hold or transfer funds for vehicle purchases
• We do not provide escrow services

8.3 Payment Methods

For Platform Services:

• M-Pesa: Our primary payment method for sponsored listings
• Bank Transfer: For business accounts and large payments

For Vehicle Purchases (Between Users):

• M-Pesa (buyer to seller directly)
• Bank transfer (buyer to seller directly)
• Cash (in-person, with proper receipt)
• Any other method agreed between buyer and seller

9. Prohibited Activities

The following activities are strictly prohibited on RmSg:

• Fraud: Posting fraudulent or misleading listings
• Scams: Engaging in scams or fraudulent transactions
• Impersonation: Impersonating other users or businesses
• Harassment: Harassing, threatening, or intimidating other users
• Spam: Sending unsolicited messages or spam
• Data Scraping: Scraping or mining platform data
• Malware: Uploading malicious code or viruses
• Illegal Activities: Any activity that violates Kenyan law
• Privacy Violations: Sharing other users' personal information
• Duplicate Listings: Posting the same vehicle multiple times
• False Pricing: Misrepresenting prices or terms
• Negative SEO: Attempting to harm other sellers

10. Fraud Prevention

We take fraud prevention seriously and have implemented the following measures:

• reCAPTCHA: Google reCAPTCHA to prevent automated abuse
• Email Verification: Email verification required for account creation
• Phone Verification: Phone number verification for sellers
• Rate Limiting: Limits on actions to prevent abuse
• Monitoring: Continuous monitoring for suspicious activity
• Reporting: Tools for users to report suspicious listings

We reserve the right to block users engaged in fraudulent activities and cooperate with law enforcement on fraud investigations.

11. Intellectual Property

11.1 Platform Content

We ask that you respect our intellectual property and do not use the RmSg name, logo, or content without our permission.

11.2 User Content

• You retain ownership of content you submit (listings, photos, reviews)
• You grant us a non-exclusive, worldwide license to display and use your content
• You are responsible for ensuring your content does not infringe on others' rights
• You may request removal of your content at any time

12. Disclaimer of Warranties

RmSg provides the platform on an "as is" and "as available" basis. We make no warranties:

• Accuracy: We do not guarantee the accuracy of vehicle listings
• Condition: We do not inspect vehicles or verify seller claims
• User Identity: We do not verify the identity or reliability of users
• Availability: We do not guarantee uninterrupted or error-free service
• Security: We do not guarantee that the platform will be secure or virus-free
• Fitness: We do not warrant that the platform meets your specific needs

User Responsibility: You are solely responsible for your interactions with other users and for any transactions you enter into.

13. Limitation of Liability

To the maximum extent permitted by Kenyan law, RmSg Kenya is not liable for:

• Vehicle purchases or sales conducted through the platform
• User disputes between buyers and sellers
• Inaccurate, incomplete, or misleading listings
• Fraud, scams, or deceptive practices by users
• Data loss or security breaches (except as required by law)
• Direct, indirect, incidental, or consequential damages
• Loss of profits, data, or goodwill

Our total liability is limited to the amount paid for sponsored listings in the past 12 months.

14. Indemnity

You agree to indemnify and hold RmSg Kenya harmless from any claims, damages, or expenses arising from:

• Your use of the platform
• Your violation of these Terms & Conditions
• Your violation of any law or third-party rights
• Your interactions with other users
• Your vehicle listings and transactions

15. Governing Law

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

15.1 Applicable Laws

• Kenya Data Protection Act, 2019
• Kenya Consumer Protection Act
• Kenya Competition Act, 2010
• Kenya Companies Act, 2015
• Kenya Penal Code (fraud provisions)
• Kenya Traffic Act (vehicle regulations)

16. Dispute Resolution

16.1 User Responsibility

• Buyers and sellers are solely responsible for resolving any disputes that arise from their transactions
• Users are encouraged to communicate directly and attempt to resolve issues amicably
• Users should document all communications and keep records of transactions

16.2 RmSg's Limited Role

• RmSg is not responsible for mediating or resolving disputes between users
• We do not arbitrate, adjudicate, or intervene in user disputes
• We do not guarantee the accuracy of listings or the identity of users
• We do not handle refunds or compensation for vehicle purchases

16.3 Reporting Fraudulent Activity

• Users can report suspicious or fraudulent activity to RmSg
• We may investigate and take action against accounts violating our Terms
• We cooperate with law enforcement in cases of fraud
• Users should report scams to the relevant authorities

16.4 Legal Action

• Users may pursue legal action against each other through the appropriate legal channels
• Kenyan courts have jurisdiction over disputes arising from user transactions
• Any legal action should be directed at the other user, not RmSg

16.5 Contact for Fraud

If you suspect fraudulent activity, report it to:

• Email: report@rmsg.co.ke
• Police: Report to your local police station
• DCI: Directorate of Criminal Investigations (for serious fraud)

17. Termination

17.1 By RmSg

We may terminate your account immediately for:

• Violation of these Terms & Conditions
• Engaging in fraudulent or illegal activities
• Harassment or abuse of other users
• Non-compliance with platform policies
• Posing a risk to platform security or integrity

17.2 By You

You may delete your account at any time by:

• Using the account deletion feature in your settings
• Contacting our support team
• Submitting a data deletion request

17.3 Effect of Termination

• Your listings will be deactivated
• You will lose access to your account
• Outstanding obligations survive termination
• Data may be retained for legal compliance

18. Changes to These Terms

We may update these terms from time to time. We will notify you of significant changes through:

• Email notification
• Platform notices or banners
• Website announcements
• Updated "Last Updated" date

Your continued use of the platform after changes constitutes acceptance of the updated terms. If you do not agree to the changes, you should stop using the platform.

19. Contact Us

If you have questions about these Terms & Conditions, please contact us: