Carwork Ltd : Site Usage Terms & Policies

This website is provided by Carworx Limited and its affiliates (collectively, “Carworx Limited”). By accessing the Carworx Limited website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by Carworx Limited at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.


All material included on this Site, and any other Site owned, operated, licensed or controlled by Carworx Limited, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Carworx Limited, its subsidiaries, affiliated companies and/or third-party licensors and is protected by Kenya and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates Carworx Limited’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Carworx Limited, except that:

  • You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
  • Any copies of documents or pages from the Site must not alter the original Site content and must include the Carworx Limited copyright notice: © 2017. All Rights Reserved.
  • You may link to this Site provided that the link does not falsely imply or suggest that Carworx Limited has endorsed or is affiliated with the linked Site.

Users of the Site must not:

  • Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
  • Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout)./li>
  • Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
  • Attempt to circumvent the security systems of the Site.
  • Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Carworx Limited server.
  • Attempt to use the Site for any purposes other than those intended by Carworx Limited, as determined by Carworx Limited in its sole discretion.
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  • Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Carworx Limited becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Carworx Limited reserves the right to revoke your right to these permitted uses.

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Carworx Limited and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Carworx Limited, send a request with your proposed use to marketing@carworx.co.ke so that the webmaster may evaluate your proposed use of Carworx Limited’s Site Content.

If the webmaster approves your request to use Carworx Limited's Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Carworx Limited's Site for the sole purposes specified in your Request form. You agree to all terms below:

  • Not to modify the documents, publications or graphics
  • Not to quote materials out of context
  • To retain and display the copyright notice of Carworx Limited on such Content

Carworx Limited shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the Carworx Limited Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of Carworx Limited's Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Carworx Limited's Site which you propose to use, subject to Carworx Limited's consent.

Carworx Limited cannot guarantee that the Site or its content is error free and Carworx Limited makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY CARWORX LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CARWORX LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CARWORX LIMITED DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CARWORX LIMITED MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT CARWORX LIMITED, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. CARWORX LIMITED MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT

Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature;
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Neither Carworx Limited, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site or its services is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Carworx Limited be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Carworx Limited has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Carworx Limited would not grant access to the Site without your agreement to this term.

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Carworx Limited. Nothing posted on this Site grants a license to any Carworx Limited trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Trademarks displayed on this Site not owned by Carworx Limited are the property of their respective owners, who may or may not be affiliated with Carworx Limited. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

This Site may link to or be linked from other websites that are not maintained by, or related to, Carworx Limited. Carworx Limited does not endorse, and is not responsible for, the content of any of those third-party websites. Linking Carworx Limited to any site , webpage or anyother kind of material on the web or in physical form , without the express permission of Carworx Limited, will be considered an infringement of our rights.

All sales of products and services are subject to Carworx Limited’s standard terms and conditions of sale, a copy of which is available upon request. Warranty on Parts used for sales and services and sourced from secondary and tertiary suppliers will be covered by their respective suppliers, unless expressively stated by Carworx Ltd.

Carworx Limited makes no representation that materials on this Site are appropriate or available for use in locations outside Kenya. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside Kenya do so on their own initiative and are responsible for compliance with International & local laws.

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the Government of Kenya. Any dispute relating to this Agreement shall be resolved solely in the courts located in Nairobi, Kenya.

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.It is deemed automatically that the client has agreed to all terms and policies herein posted Under the this page when the client accesse's any of the websites pages to acquire, purchase , use any of the services and products herein dsiplayed , offered by Carworx Limited.

We will not sell, share, or rent your personal information to any third party. Any emails sent by this Company will only be in connection with the provision of services and products.

Payment Cash or  Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within 48 hours. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 5% above the prevailing Central Bank Of kenya base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid five days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed Kshs 200,000/-. In such circumstances, you shall be liable for any and all additional administrative and/or court and collection costs.

Returned cheques will incur a Kshs 4000/- charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a Kshs 2000 charge to cover any subsequent administrative expenses.

Termination of Agreements and Refunds PolicyBoth the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.If a service is carried out, the client will be liable for parts and consumables used to carry out the service.

Availability Unless otherwise stated, the services featured on this website are only available within Kenya, East Africa, or in relation to postings from Kenya. All advertising is intended solely for the Kenyan market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers

Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Log Files We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

General The laws of Kenya govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. Dipesh Shah of P.O.Box 39601-00623 Nairobi, Kenya as the principal Designer of this website is the only entity that has complete waived rights over the domain and use of this website until further notice.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.