Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") form a binding agreement between you and Value Point ("we", "us", "Value Point", or "the Platform"). By creating an account, browsing listings, or paying for a listing on the Platform, you agree to these Terms.

Payment for a listing constitutes your explicit acceptance of these Terms in full. If you do not agree with any part of these Terms, do not pay for or publish a listing.

2. Our Role — Facilitator Only

Value Point operates an online marketplace that allows sellers to list vehicles for sale or lease and allows buyers to browse and contact sellers. We are not:

• a party to any sale, purchase, or lease contract formed between a buyer and a seller;
• the seller, lessor, dealer, or owner of any vehicle listed on the Platform;
• an agent acting on behalf of either the buyer or the seller;
• a guarantor, underwriter, or insurer of any transaction.

Any agreement to buy, sell, or lease a vehicle is formed solely between the buyer and the seller, on terms they negotiate directly with one another.

3. The Service You Are Paying For

The fee you pay is for the listing and matching service the Platform provides, which includes: publishing your listing for the advertised duration, including it in Platform search and browse results, and standard listing display features (photos, description, specifications, and contact facilitation). This is the service Value Point undertakes to deliver in reasonable quality, in line with your rights under Article 46 of the Constitution of Kenya. It does not include, and is not sold as including, any guarantee about the outcome of your listing.

4. No Guarantee of Sale or Lease

Value Point does not guarantee that any vehicle listed on the Platform will sell, lease, or receive any offers. Market demand, pricing, vehicle condition, and buyer interest are entirely outside our control. Your listing fee pays for exposure and access to the Platform's matching tools — not for a guaranteed transaction.

5. No Commission

Value Point does not charge, and has no claim to, any commission or percentage of the final sale or lease price agreed between a buyer and a seller. Value Point has no financial interest in the price or terms a buyer and seller ultimately agree to, and is not owed any additional payment based on a completed transaction.

6. Listing Fees & Refund Policy

Listing fees are charged at the time of publishing a listing and are non-refundable once the listing goes live on the Platform, including where:

• the vehicle does not sell or lease within the listing period;
• the seller chooses to remove the listing early;
• the seller sells the vehicle through another channel while the listing is live.

A refund will only be considered where Value Point fails, due to a fault on our side, to publish a paid listing on the Platform at all. Requests for such refunds must be made in writing to legal@valuepointvehiclesgroup.com.

7. Seller Responsibility for Listing Accuracy

The seller is solely responsible for the accuracy, completeness, and truthfulness of all information in their listing, including make, model, year, mileage, condition, ownership status, and asking price. Value Point does not independently verify every claim made in a listing beyond what is explicitly stated in a listing's verification badge (see Section 8).

8. Verification Badges — Scope & Limitations

Where a listing displays a verification badge (such as "Logbook Only," "Ownership Verified," or "Company Verified"), that badge confirms only the specific check described by its label — for example, that a logbook document was reviewed. It is not a warranty of the vehicle's mechanical condition, roadworthiness, accident history, or fitness for any particular purpose, and it does not guarantee the absence of defects.

9. Buyer Due Diligence

Buyers are responsible for independently inspecting a vehicle, verifying its documents, and satisfying themselves as to its condition, ownership, and history before making any payment or commitment. Value Point strongly recommends a physical inspection and independent mechanical assessment before any purchase or lease agreement.

10. Off-Platform Transactions

Value Point does not hold, process, or have custody of any funds exchanged between a buyer and a seller. Any negotiation, payment, deposit, or handover of a vehicle takes place directly between the buyer and seller, entirely outside the Platform and outside our control or responsibility. Value Point is not responsible for any loss, fraud, misrepresentation, or dispute arising from an off-Platform transaction.

11. Vehicle Ownership Transfer

The buyer and seller are solely responsible for completing any legal transfer of vehicle ownership, including logbook transfer through the National Transport and Safety Authority (NTSA) TIMS system. Value Point is not a party to, and takes no responsibility for, this process.

12. Content License

By uploading photos, descriptions, or other content to a listing, you grant Value Point a non-exclusive, royalty-free license to display that content on the Platform, and in Platform marketing, for the purpose of operating and promoting the marketplace.

13. Right to Remove or Suspend Listings

Value Point reserves the right to remove, suspend, or decline to publish any listing that we reasonably believe is fraudulent, misleading, duplicated, unlawful, or in breach of these Terms, without obligation to refund the associated listing fee where the removal is due to the seller's breach.

14. Eligibility & Prohibited Conduct

You must be at least 18 years old and legally capable of entering into a binding contract to use the Platform. You agree not to:

• list a vehicle you do not own or are not authorized to sell or lease;
• post false, misleading, or fraudulent information;
• list a stolen or unlawfully obtained vehicle;
• attempt to circumvent Platform fees by redirecting a Platform-originated buyer off-Platform to avoid payment;
• harass, spam, or abuse other users.

15. Account Suspension & Termination

Value Point may suspend or terminate your account for any breach of these Terms, at our reasonable discretion, without obligation to refund any fees already paid.

16. Limitation of Liability

To the fullest extent permitted by Kenyan law, Value Point's total liability to you for any claim arising from your use of the Platform is limited to the total listing fees you paid to Value Point in the twelve (12) months preceding the claim. Value Point is not liable for indirect, incidental, or consequential losses, including loss of profit or loss arising from a transaction between a buyer and seller.

Nothing in these Terms excludes or limits any right that cannot lawfully be excluded or limited under the Consumer Protection Act, 2012, or the Constitution of Kenya, 2010. Value Point does not exclude liability for fraud or for matters that cannot lawfully be excluded.

17. Indemnification

You agree to indemnify and hold Value Point harmless from any claim, loss, or damage (including reasonable legal costs) arising from your listing, your conduct on the Platform, your breach of these Terms, or any transaction you enter into with another user.

18. Governing Law, Changes & Contact

These Terms are governed by the laws of Kenya. Any dispute arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kenya.

Value Point may update these Terms from time to time. Material changes will be notified via the Platform or by email before they take effect.

Questions about these Terms can be sent to legal@valuepointvehiclesgroup.com. For how we handle your personal data, see our Privacy Policy.