Disclaimer

Purpose of This Disclaimer

This Disclaimer sets out the terms and limitations that apply to your use of the Khushi Motors website at https://khushimotors.com (the "Website").

Khushi Motors operates in Kenya, Uganda and Tanzania and seeks to ensure that information published on the Website is accurate, useful and kept reasonably up to date.

However, information on the Website may change from time to time and may not always reflect the most current position concerning a vehicle, price, specification, availability, promotion, service or other offering.

This Disclaimer should be read together with our Privacy Policy, Cookie Policy, and any applicable terms and conditions governing a particular product, service or transaction.

1.Information on This Website

The information on this website is for general information only.

We try our best to keep it accurate and up to date, but we cannot guarantee that it is always:

• Accurate
• Complete
• Reliable
• Suitable for your needs
• Available at all times

Nothing in this Disclaimer excludes or limits any representation, warranty, obligation or liability that cannot lawfully be excluded or limited under applicable law.

2.Vehicle Listings

Vehicle listings may contain information including:

• make and model;
• model year;
• specifications;
• features and equipment;
• mileage;
• photographs;
• pricing;
• availability;
• location; and
• other vehicle-related information.

Vehicle information displayed online is provided for general guidance and may not always reflect the vehicle's current status.

In particular:

• prices may change;
• a vehicle may be sold, reserved or otherwise become unavailable before the Website is updated;
• specifications and features may vary according to model, trim, market, production year or vehicle configuration;
• photographs may not show every aspect or condition of a vehicle;
• mileage may change as a result of test drives, vehicle movement, inspection, servicing or other legitimate use; and
• vehicle availability may differ between branches.

A Website listing does not, by itself, constitute a binding offer to sell a particular vehicle or guarantee that a vehicle remains available at the displayed price.

Before making a purchase, deposit, reservation or other financial commitment, customers should confirm the vehicle's:

• availability;
• price;
• specifications;
• condition;
• mileage;
• location; and
• applicable transaction terms

directly with Khushi Motors or the relevant branch.

3.Pricing Errors

Khushi Motors takes reasonable steps to ensure that prices and currency information displayed on the Website are accurate.

However, errors may occasionally occur because of:

• typographical errors;
• technical errors;
• system or software errors;
• currency-conversion issues;
• data-entry errors;
• third-party data feeds; or
• other unforeseen circumstances.

Where a material pricing or listing error is identified, Khushi Motors may, to the extent permitted by applicable law:

• correct the error;
• contact the affected customer;
• decline to proceed with a transaction that has not yet been concluded;
• cancel an order or reservation where legally permitted; or
• offer the customer the option to proceed at the corrected price.

Where a legally binding contract has already been concluded, Khushi Motors' rights and obligations will be determined by the applicable contract and applicable law.

Nothing in this section is intended to exclude or limit any mandatory consumer protection or contractual rights.

4.Used Vehicle Condition

Used vehicles may have characteristics associated with their age, mileage, previous use, maintenance history and general condition.

Website photographs and descriptions may not identify every cosmetic, mechanical or other characteristic of a used vehicle.

Unless expressly represented otherwise in writing or required by applicable law:

• minor cosmetic marks may not be individually identified;
• photographs may not capture every defect or characteristic;
• vehicle condition should be assessed on an individual basis; and
• customers should inspect a vehicle and seek clarification concerning any material condition issues before completing a purchase.

Where appropriate, customers may request additional information, inspection records or other available documentation concerning a vehicle.

Nothing in this Disclaimer excludes any statutory warranty, consumer protection right, contractual warranty or other right that cannot lawfully be excluded.

5.Importing and Shipping Vehicles

Where a vehicle is imported, shipped or specially ordered, delivery dates and timelines provided by Khushi Motors are estimates unless expressly stated otherwise in a written agreement.

Delivery may be affected by circumstances including:

• shipping schedules;
• port congestion;
• customs procedures;
• regulatory requirements;
• inspection or clearance requirements;
• changes in transport schedules;
• weather or other force majeure events;
• logistics-provider delays; and
• other circumstances outside the reasonable control of Khushi Motors.

Where a delay is caused by a third party or circumstances outside our reasonable control, Khushi Motors will take reasonable steps to communicate material delays and assist with available remedies or alternatives.

Nothing in this section excludes liability arising from Khushi Motors' own breach of contract, negligence or other liability that cannot lawfully be excluded.

6.Other Websites and Services We Link To

We seek to maintain the Website and keep it accessible, but we do not guarantee that it will:

• always be available;
• operate without interruption;
• be free from technical defects;
• be free from viruses or other harmful components; or
• be compatible with every device, browser or operating system.

The Website may occasionally be unavailable because of:

• maintenance;
• upgrades;
• technical failures;
• cybersecurity incidents;
• telecommunications failures;
• hosting or infrastructure issues; or
• circumstances outside our reasonable control.

We may suspend, modify or discontinue any part of the Website where reasonably necessary.

Khushi Motors is not responsible for the policies, actions, or services of these other companies.

7.This is not Professional Advice

Information published on the Website is provided for general informational purposes and is not intended to constitute professional advice.

Unless expressly stated otherwise, information on the Website should not be relied upon as:

• legal advice;
• financial or investment advice;
• tax advice;
• mechanical certification;
• engineering advice;
• insurance advice; or
• other professional advice.

Where you require professional advice, you should obtain advice from an appropriately qualified professional.

Information concerning vehicle financing, insurance, taxes, importation, registration or other regulated matters should be independently verified with the relevant institution or competent authority before you make a decision.

8.Our Responsibility

Information provided on the Website does not guarantee that:

• a particular vehicle will remain available;
• a financing application will be approved;
• a particular price will remain available;
• a vehicle will be delivered within a particular period;
• a particular vehicle will satisfy a particular use or purpose; or
• a particular commercial outcome will result from using the Website.

Any specific contractual commitment made by Khushi Motors will be governed by the applicable written agreement, quotation, invoice, purchase documentation or other contractual terms.

9.Intellectual Property

Unless otherwise indicated, content published on the Website, including:

• text;
• photographs;
• graphics;
• logos;
• trademarks;
• vehicle descriptions;
• designs;
• videos;
• software; and
• other materials

may be owned by or licensed to Khushi Motors and may be protected by applicable intellectual-property laws.

You may access and use the Website for lawful personal or legitimate business purposes.

You may not reproduce, modify, distribute, publish, commercially exploit or otherwise use Website content in a manner that infringes Khushi Motors' intellectual-property rights or the rights of third parties.

Nothing in this Disclaimer transfers ownership of any intellectual property to you.

10.Prohibited or Misuse of the Website

You must not use the Website:

• for unlawful purposes;
• to interfere with its operation or security;
• to introduce malicious code or harmful software;
• to attempt unauthorised access to our systems;
• to collect information through automated means in a manner that violates applicable law or our stated terms;
• to impersonate another person or entity; or
• in any manner that may damage Khushi Motors, its systems, customers or third-party providers.

We reserve the right to restrict or suspend access where we reasonably believe the Website is being misused or its security is at risk.

11.Limitation of Liability

To the maximum extent permitted by applicable law, Khushi Motors will not be liable for losses arising solely from your reliance on general information published on the Website where that information was not intended to constitute a binding contractual representation.

Subject to applicable law, Khushi Motors will not be liable for indirect, incidental, special or consequential losses arising solely from your use of, or inability to use, the Website.

Such losses may include, where legally recognised as indirect or consequential losses:

• loss of profits;
• loss of business opportunities;
• business interruption;
• loss of anticipated savings; or
• loss of data.

However, this limitation does not apply to any liability that cannot lawfully be excluded or limited, including where applicable law prohibits exclusion or limitation in the relevant circumstances.

Nothing in this Disclaimer is intended to exclude or limit liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• liability imposed by mandatory law;
• death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• breach of statutory consumer rights;
• contractual obligations that cannot lawfully be excluded; or
• any other liability that applicable law does not permit us to exclude or limit.

12.Customer Responsibility

You are responsible for taking reasonable steps to verify information that is material to a purchase, financing decision, vehicle reservation or other transaction.

Before making a financial or contractual commitment, you should confirm relevant information directly with Khushi Motors, including where applicable:

• vehicle availability;
• price;
• specifications;
• vehicle condition;
• mileage;
• financing terms;
• applicable taxes and charges;
• delivery arrangements; and
• contractual terms.

This does not relieve Khushi Motors of any obligation or responsibility imposed by applicable law or a binding agreement.

13.Force Majeure

Khushi Motors will not be responsible for delays or failures in performing obligations to the extent caused by circumstances beyond our reasonable control, where such limitation is permitted by applicable law.

Such circumstances may include:

• natural disasters;
• fire;
• flood;
• epidemic or pandemic;
• war;
• civil unrest;
• government action;
• changes in law or regulation;
• customs or port restrictions;
• telecommunications failures;
• cyber incidents;
• failures of essential infrastructure;
• labour disputes; or
• significant failures of third-party service providers.

Where such an event occurs, Khushi Motors will take reasonable steps to mitigate its effects and communicate material impacts to affected customers where appropriate.

14.Governing Law and Jurisdiction

The Website is operated in connection with Khushi Motors' activities in Kenya, Uganda and Tanzania.

The law applicable to a particular transaction, service or relationship with Khushi Motors will depend on the relevant contracting entity, the location of the transaction and the applicable contractual terms.

Nothing in this Disclaimer is intended to deprive a consumer of mandatory rights or protections available under the law applicable to that consumer or transaction.

Where a particular transaction is governed by a written agreement containing governing-law or jurisdiction provisions, those provisions will apply to that transaction to the extent permitted by applicable law.

15.Severability

If any provision of this Disclaimer is determined to be invalid, unlawful or unenforceable by a competent authority or court, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where possible.

The invalidity or unenforceability of one provision will not affect the validity of the remaining provisions.

16.Changes to This Disclaimer

Khushi Motors may update this Disclaimer from time to time to reflect:

• changes to the Website;
• changes to our products or services;
• changes to our business operations;
• changes in applicable law;
• changes in regulatory requirements; or
• changes to our risk-management practices.

When we update this Disclaimer, we will revise the Effective Date and Last Updated dates at the beginning of the document.

Where appropriate, material changes may be communicated through the Website or other appropriate channels.

An update to this Disclaimer does not retrospectively alter contractual rights or obligations that have already arisen, except where permitted by applicable law.

17.Contact Us

If you have any questions about this Disclaimer, please contact us:

You can also visit or call your nearest Khushi Motors branch in Kenya, Uganda, or Tanzania.