Dealer Terms of Service

These Dealer Terms of Service (“Dealer Terms”) form a binding agreement between Francton LLC, operating as Garisea(“Garisea,” “we,” “us”), and the dealership or individual who registers a dealer account on the dealer dashboard at dealer.garisea.com (“Dealer,” “you”).

By creating a dealer account, listing a vehicle, paying for a subscription or pack, or otherwise using the dealer dashboard, you accept these Dealer Terms. If you don't accept them, don't create an account.

These Dealer Terms are in addition to, not in place of, the customer-facing Terms of Service and Acceptable Use Policy at garisea.com. Where the two conflict on dealer-specific conduct, these Dealer Terms govern.

To open and operate a dealer account, you must:

• Be at least 18 years old and legally capable of trading motor vehicles in Kenya.
• Be the dealership owner, an authorized signatory, or a staff member with written authority to bind the dealership.
• Provide accurate identification: full name, dealership name, physical address, contact phone, contact email, and (where requested) KRA PIN, business registration certificate, or other identification documents.
• Not have been previously suspended or banned from Garisea for fraud, misrepresentation, or repeated Acceptable Use violations.

Activation is admin-approved.Sign-up creates a pending account. A Garisea moderator reviews each submission (typically within 24 hours) and approves, requests additional information, or rejects. You can browse the dashboard and complete your profile while pending, but you can't publish vehicle listings or receive customer leads until your account is active.

Activation is not a guarantee of indefinite access — we may suspend or close accounts at any time per §13 below.

A dealer account is for a single dealership. If your dealership has multiple branches and you want each tracked separately, contact [email protected] before signing up multiple accounts — we'll set the right structure.

You can sign in using email + password, Sign in with Google, or Sign in with Apple. You're responsible for keeping your credentials confidential and for every action taken under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

We temporarily lock the account after 5 failed login attempts in 30 minutes and notify you by email. Sustained suspicious login activity (impossible-travel, brute force) may trigger a longer lockout pending review.

Sharing your dashboard credentials with anyone outside the dealership (third-party agencies, off-platform brokers, “ad-management” vendors) is prohibited. If you want delegated access for staff, request additional seats from [email protected].

The dashboard tracks a server-driven 5-step profile-completion checklist (business identity, contact channels, physical address, verification documents, listings). Customers see signals from this checklist (the verified-dealer badge, contact-channel pills, business photos). Incomplete profiles are deprioritized in search ranking and may not be eligible for promoted-listing surfaces. Completing the checklist is your responsibility and our recommended path to a functional account.

Garisea operates a multi-tier verification badge catalog (e.g. Verified Dealer, Trusted Partner, Premium Showroom). Badges signal trust to buyers and are issued by Garisea's trust & safety team based on documented criteria (KYC completion, transaction history, dispute rate, customer satisfaction).

• Badges are not for sale. They cannot be purchased independently of a subscription. Where a higher-tier badge is included with a subscription tier, you receive it as part of that tier — the badge itself is not separately priced.
• Badges can be revoked. Any badge can be removed at any time for cause — fraud, repeated AUP violations, sustained poor customer satisfaction, or false statements made during the verification process — without refund of any associated subscription period.
• Badges do not transfer. If your dealership changes ownership or rebrands, the badge does not automatically carry over. Notify [email protected] so we can revalidate.
• No false display. You may not display a badge (in marketing, on your own website, on signage) that Garisea has not granted you, and you may not modify the Garisea logo or badge artwork.

Garisea offers tiered dealer subscriptions. The active tier ladder (as of the “Last updated” date at the top of this page) is:

• Free — entry tier with a limited number of concurrent active listings and no included badges.
• Starter — paid tier with a higher listing limit and basic verification badge eligibility.
• Growth — mid tier with greater listing capacity, quarterly insights, and ad-credit allowance.
• Professional — top published tier with the largest listing capacity, priority moderation, and premium placement eligibility.
• Enterprise — bespoke arrangements available on request via [email protected].

Exact listing limits, monthly/annual pricing, and included perks for each tier are shown in the dashboard's Billing section before you commit and may be updated from time to time (with notice for existing subscriptions per §9).

Trials.Every dealership may start one lifetime trial on a paid tier (typically the Growth tier for 30 days). The trial converts to a paid subscription on day 30 unless you cancel. You'll receive T-7, T-1, and T+0 reminder emails. Only one trial per dealership over the account's lifetime — the canStartTrial flag on your account becomes false after first use.

Tier changes.Upgrades take effect immediately and are pro-rated; downgrades take effect at the end of the current paid period. If a downgrade would put you over the new tier's listing limit, the oldest listings beyond the limit are auto-deactivated (not deleted) and can be reactivated after you upgrade again or remove other listings.

On top of subscriptions, Garisea sells prepaid packs you can use to augment your reach. The active pack catalog includes:

• Lead Packs— additional buyer leads above your tier's included monthly quota (offered in sizes such as 10, 30, 75, 200 leads).
• Ad Packs — wallet credit spent against sponsored-listing ad surfaces (impression and click consumption governed by §8 below).
• Boost Packs — temporary search-ranking lifts on specified listings.
• Flash Deal Packs — slot allocations on time-limited deal surfaces.
• Takeover Packs — premium category- or location-takeover placements for short windows.

Pack credits do not expire and are not lost when you downgrade your subscription — they sit in your wallet until consumed. Once any credit from a pack has been consumed, the entire pack becomes non-refundable. See our Refund Policy for the full pack-by-pack refund rules.

Packs do not unlock features — they consume from the relevant pool. For example, a Lead Pack adds inbound capacity but does not lift a listing limit (subscription-tier feature) or grant a badge.

Every dealer account has a single wallet that holds prepaid balance. Top-ups (initiated from the Billing screen) are processed via iPay, Kenya's licensed payment service provider. Funds clear to your wallet within minutes of iPay confirmation. Garisea does not see, store, or process card numbers or M-Pesa PINs — only the payment outcome.

Auto-pause threshold. To protect you from accidental over-spend, the dashboard pauses live ad campaigns when your wallet balance falls below a configurable threshold (default Ksh 300). Campaigns automatically resume when you top up above the threshold. You can change the threshold in Settings → Billing.

Wallet upsell flows.The dashboard surfaces three types of upsell prompts at the moments they're relevant: a tier upgrade sheet when you hit a tier capability limit, a quota-exhausted sheet that links to packs when you run out of a metered resource, and a wallet-low banner when campaigns are about to auto-pause. None of these auto-charge — every purchase requires your explicit confirmation.

Wallet withdrawals. Wallet balance is platform credit, not cash deposits. You cannot withdraw wallet balance back to your bank account except in the limited refund cases described in our Refund Policy.

• Pricing. All amounts shown in the dashboard are in Kenya Shillings (KES) unless explicitly marked otherwise. Prices are VAT-inclusive at the rate set by KRA (currently 16%, configurable in admin Settings). Garisea does not add tax on top of the displayed price — the displayed amount is the gross amount you pay.
• Invoices and receipts. Each subscription period and each pack purchase generates a KRA-compliant invoice and receipt with a unique reference, your KRA PIN (if provided), the VAT-inclusive amount, and the portion representing tax. Documents are downloadable from the Billing screen and emailed to your registered address. Maintain these for your own KRA filings.
• Pricing changes. We may change subscription pricing, tier benefits, or pack catalogs. Material price increases for existing subscriptions are notified at least 30 daysbefore they take effect. If you don't accept the change, you may cancel before the effective date with no penalty.
• Failed payments. If a recurring subscription charge fails, we retry over the following 72 hours. If retries fail, the subscription enters past-due. After a configurable grace period the account drops to the Free tier until the balance is settled. Listings beyond the Free tier limit are auto-deactivated, not deleted.
• Taxes on your own revenue. Garisea bills you for platform fees and remits the relevant Kenyan taxes on those fees. Taxes on the revenue you earn from selling vehicles to buyers are your responsibility (income tax, capital gains where applicable, VAT-on-margin where applicable). Garisea does not file taxes for you and does not act as your tax agent.

You are solely responsible for every listing you publish — its accuracy, its legality, its completeness, and its continued correctness over time.

• Title. Every listed vehicle must be one you own or are explicitly authorized to sell on behalf of the owner. No speculative listings, no listings for vehicles still on a shipping line unless you have a verifiable bill of lading, no drop-shipping arrangements.
• Geography. Listings must be for vehicles physically present in Kenya (or, where pre-import is enabled for your account, with documented import progress).
• Photos and videos. Photos and videos must be of the actual vehicle. Stock imagery, brochure shots, photos of similar but different vehicles, AI-fabricated renders, and images that materially misrepresent condition are prohibited. Replacing the watermark we apply on Vehicle Detail Pages is prohibited.
• Pricing honesty. The advertised price must be the price at which you are genuinely prepared to sell. Bait-pricing (advertising one figure to attract leads and then quoting a higher figure on contact) is grounds for immediate suspension.
• Disclosures.Material facts that affect a reasonable buyer's decision must be disclosed: accident history, prior salvage status, odometer discrepancies, customs issues for imports, outstanding chattels mortgages, modifications that affect roadworthiness or warranty.
• Status hygiene. When a vehicle is sold, reserved, or withdrawn from sale, update its status in the dashboard promptly (within 24 hours of the change). Garisea may auto-deactivate listings flagged stale by moderation or by buyer complaints.
• One vehicle per listing.Don't bundle multiple vehicles under a single listing, and don't list the same vehicle multiple times to game search ranking.
• Banned categories. Stolen vehicles, vehicles with tampered chassis numbers, vehicles whose import status violates Kenyan customs law, and vehicles flagged as salvage-without-disclosure are absolutely prohibited and may be reported to the relevant authorities.

Listing limits. Each subscription tier carries a maximum number of concurrent active listings. Exceeding it requires a tier upgrade. Sold and archived listings do not count.

A “lead” is a customer-initiated contact about a specific vehicle. Garisea recognizes several lead types:

• Vehicle Inquiry— a buyer asks about a specific vehicle through in-app chat, call, WhatsApp, or email (whichever channels you've enabled).
• Test Drive Request — a buyer proposes a date, time slot, and viewing location.
• Trade-In Valuation— a buyer submits their current vehicle's details and asks you to value it as part of a potential purchase.
• Financing Quote Request — relayed to licensed financing partners; you see the outcome in your lead detail.
• Insurance Quote Request — relayed to licensed insurance partners.

Deduplication. Lead deduplication is strict: only one Lead record is created per (customer × vehicle × dealer × lead type). Repeat taps from the same customer add a CONTACT_ATTEMPT entry to the lead's activity timeline rather than creating a duplicate lead.

Use of customer data. Customer contact details shared via leads may be used only to respond to that specific inquiry. You may not:

• Add the customer to your mailing list without explicit consent.
• Resell, share, or transfer customer data to any third party.
• Use customer data to enrich your own CRM beyond the scope of the specific inquiry.
• Send marketing SMS or unsolicited follow-ups unrelated to the inquiry.
• Use the customer's details for any purpose after the inquiry is closed.

You are an independent data controller for any customer data that flows beyond the platform — once a phone call, email exchange, or in-person visit happens off-platform, that data is yours to handle under your own privacy practices (which must themselves comply with the Kenya Data Protection Act 2019).

Lead-followup notes. The dashboard distinguishes between follow-up notes (a single editable column on the Lead) and the activity log(a timeline of every event, including notes you add via “Add Note”). Both are internal to your account.

Disputes (fake / invalid leads). If you believe a lead is fake, malicious, or invalid (bot-generated, spam, off-topic), you can dispute it from the lead detail screen. Garisea reviews disputes; confirmed-invalid leads are credited back to your monthly quota. Repeat baseless disputes may be counted against you.

Off-platform diversion. You may not solicit customers to take the transaction off Garisea specifically to avoid platform fees, packs, or attribution. Normal off-platform continuation of a sale (an in-person test drive, a final paperwork meeting at your premises) is expected and fine — the rule targets diversion, not continuation.

Test drives. When a buyer requests a test drive, you must respond in the dashboard with Accept, Propose alternative date/time, or Decline with reason. The buyer is notified by push, email, and SMS. You're responsible for:

• Showing the actual vehicle described in the listing (not a similar one).
• Ensuring the vehicle is roadworthy, insured for the test, and legally drivable for the test arrangement.
• Requiring the buyer to present a valid driving licence before handing over the keys (or providing your own driver for buyer-passenger test drives).
• Honoring the agreed time slot or contacting the buyer in good time if you need to reschedule.

Garisea is not a party to the test drive and is not insurer or guarantor of safety. Insurance and liability arrangements for the drive are between you and the buyer.

Trade-ins.When a buyer requests a trade-in valuation, they share photos and details of their current vehicle. Provide an honest valuation within a reasonable timeframe. Trade-in offers are not binding offers to purchase — final terms are negotiated when the buyer's vehicle is inspected in person. Don't use trade-in submissions as a lead-gen funnel where you have no genuine intent to value.

Garisea reserves the right to review, edit, hide, deprioritize, or remove any listing, profile element, message, or other content that violates these Dealer Terms, the Acceptable Use Policy, or Kenyan law. Intellectual-property takedown requests follow our DMCA / IP Takedown Policy.

Update requests.Where possible we'll issue an in-dashboard update request first (e.g. “add a missing photo,” “clarify the year”). You have a reasonable window to action it before the listing is hidden.

Suspension grounds include:

• Listing fraud (bait pricing, fake photos, undisclosed material facts, stolen vehicles).
• Impersonation of another dealership or person.
• Abuse of customer data (off-list marketing, harvesting, re-targeting).
• Repeated Acceptable Use violations across listings or messages.
• Sustained poor customer experience (high dispute rate, multiple credible complaints, low ratings paired with refusal to engage).
• Payment fraud, chargebacks issued in bad faith, or attempts to game refund rules.
• Off-platform diversion specifically intended to avoid platform fees.
• Threats, harassment, or hate speech against any user.

Appeals.If your account or a listing is actioned, you'll receive an email explaining what happened and how to appeal. Email [email protected] with your dealership name, the affected item, and your response to the cited reason. Decisions are reviewed by a moderator who was not party to the original action.

For serious violations (fraud, safety risk, illegal content) we may act immediately and review on appeal afterward — protecting buyers and the platform from ongoing harm takes priority over procedural sequencing.

Reporting and blocking. You can report customers (for spam, fraud, harassment, off-topic abuse) and block individual customers from contacting your dealership. Blocking removes their messages from your inbox and prevents new contacts; it does not hide your public listings from them. Manage blocks from Settings → Blocked Users.

Customers can leave star + text reviews on your dealership and on individual vehicles. Reviews are moderated under Garisea's reviews policy:

• Reviews must be honest and first-hand. We remove reviews shown to be fabricated, paid, or from people who did not actually interact with you.
• You can reply once per review from the dashboard. Replies are public and subject to the same Acceptable Use rules.
• You can flag a reviewfor moderation if it contains personal data, defamation, hate speech, off-topic material, or is verifiably from a non-customer. Flagged reviews are reviewed by Garisea's moderation team; outcomes are communicated to both parties.
• Soliciting fake positive reviews (paying customers, asking staff to post, using shell accounts) is grounds for badge revocation and account suspension.
• Retaliating against reviewers (publicly naming, posting their data, threatening) is prohibited and may also breach Kenyan defamation and data-protection law.

You grant Garisea a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to host, display, reproduce, distribute, adapt, and create derivative works of your listing content (photos, videos, descriptions, pricing, dealership profile content) for the purpose of operating, promoting, and improving the platform — including:

• Displaying your listings on garisea.com, the mobile apps, and our partner surfaces.
• Indexing your listings in search engines and generating social media share previews.
• Featuring your listings in editorial content, marketing emails, newsletters, and ad creatives in service of selling your vehicles.
• Using your dealership name and logo in directory and trust surfaces.

This license terminates within a reasonable period after you remove the content or close the account, except where content has been validly re-shared by users beyond our control or is required to be retained by law.

You retain all ownership in your content. Garisea retains all ownership in its name, logo, software, designs, search algorithms, badge artwork, and editorial content.

You warrant that: (a) every vehicle you list is one you have clear title to or are explicitly authorized to sell; (b) every material claim you make in a listing or in messages with buyers is true and not misleading; (c) you have the right to grant the IP license in §15; (d) you have the legal authority to enter into these Dealer Terms and to bind the dealership you represent; (e) your use of the platform does not violate any Kenyan law, any contract you're a party to, or any third-party right; and (f) you will comply with the Kenya Data Protection Act 2019 in your handling of customer data that flows through or beyond the platform.

The platform is provided “as is” and “as available.” Garisea does not warrant uninterrupted operation, error-free functionality, freedom from viruses, or any specific commercial outcome — including guaranteed lead volume, conversion rate, sale price, or revenue. Listings appear in algorithmically-determined search results and we do not commit to specific impression counts beyond what is explicitly purchased in a Pack. To the maximum extent permitted by Kenyan law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Garisea is a marketplace facilitator, not a party to vehicle sales between you and customers. To the maximum extent permitted by Kenyan law, neither Garisea nor Francton LLC nor its directors, employees, contractors, or affiliates will be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, lost revenue, lost sales, lost business opportunity, lost data, or reputational harm.
• Loss arising from a buyer's conduct, including non-payment, false claims, chargebacks against the dealership, or post-sale disputes.
• Loss arising from a third-party partner's conduct (financing partner, insurance partner, sub-processor).
• Service interruptions caused by maintenance, sub-processor outages (Neon, Upstash, Vercel, Railway, Sentry, iPay, etc.), or events beyond our reasonable control.
• Unauthorized access to your account caused by your failure to keep credentials confidential.

Our total aggregate liability for any direct damages arising out of or relating to these Dealer Terms — whatever the cause — is limited to the fees you paid Garisea in the 12 months immediately before the event giving rise to the claim. This limit does not apply to liability that cannot legally be limited under Kenyan law (e.g. liability for death or personal injury caused by our negligence, or for fraud).

You agree to defend, indemnify, and hold harmless Francton LLC and its directors, employees, contractors, and affiliates from any claim, demand, loss, damage, fine, regulatory penalty, or expense (including reasonable legal fees) arising from: your breach of these Dealer Terms; your listings or other content you publish; your use of customer data outside the scope permitted in §11; your dealings with buyers (sale contract, warranty claims, roadworthiness disputes, post-sale disputes); your non-compliance with Kenyan tax, consumer-protection, motor-vehicle, or data-protection law; or any allegation that your listings or conduct infringe a third party's rights.

By you.You can close your account at any time from Settings → Account. Closure triggers Garisea's dealer-account deletion flow: profile and personal data are removed within 30 days, listings are removed within 7 days (and may be hidden immediately on request), audit and tax records are retained for the legally required period (see §22). Outstanding subscription fees for the current period are due. Unused subscription time is refundable only within the cooling-off window in our Refund Policy.

By us.Garisea may suspend or close accounts for the reasons in §13. Where possible we'll notify you and offer an appeal window. On termination for cause, unused wallet balance and unconsumed pack credits may be forfeited where you have materially breached these Dealer Terms or engaged in fraud.

Survival. Sections that by their nature should survive termination — Intellectual Property, Your Warranties, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Disputes, Miscellaneous — will survive.

When Garisea collects personal data from buyers (account data, inquiry content, contact details, search history, browsing activity), Garisea is the data controller for that data and processes it per our customer-facing Privacy Policy.

When a buyer's personal data (name, phone, email, message content, trade-in vehicle details) is delivered to you through a lead, you become an independent data controller for your use of that data within the permitted scope (§11). You must:

• Process the data only for the specific inquiry it relates to.
• Keep the data secure (no spreadsheet of buyer contacts on an unsecured laptop, no sharing in WhatsApp groups beyond your staff).
• Delete the data when it's no longer needed for the inquiry, subject to any retention requirements you have under Kenyan law.
• Respond to data-subject requests (access, correction, deletion, objection) that the buyer makes to you directly, under the Kenya Data Protection Act 2019.
• Notify Garisea promptly if you learn of a personal data breach affecting buyer data you obtained through the platform.

Garisea is not your data-processing agent for off-platform interactions, and we do not assume joint-controller liability for your independent handling of the data.

When you close your dealer account, Garisea retains certain records for the periods below:

• Invoices, receipts, payment records — 7 years, as required by KRA records-retention rules.
• Audit log (account state changes, moderation actions, data exports, deletions, sensitive settings changes) — 7 years.
• Profile, listings, leads, messages — removed from active systems within 30 days of account closure (some derivatives stay in anonymized aggregate form for analytics).
• Reviews left about you— generally remain live to inform other buyers, with the reviewer's display name anonymized to “Former user” if they have themselves deleted their customer account.

Full retention schedule is in our Dealer Privacy Notice.

We may update these Dealer Terms from time to time. Material changes will be communicated by email at least 30 daysbefore they take effect, with an in-dashboard notice. The “Last updated” date at the top of this page reflects the most recent revision. Continued use of the dealer dashboard after the effective date is acceptance. If you don't accept a material change, you may cancel before the effective date with no penalty.

These Dealer Terms are governed by the laws of the Republic of Kenya. Any dispute arising from or relating to your use of the dealer dashboard will first be addressed through good-faith negotiation. Email [email protected] with a clear description of the issue and the outcome you're seeking.

If informal resolution fails, the dispute will be submitted to mediation in Nairobi, Kenya. If mediation also fails, the dispute will be referred to the exclusive jurisdiction of the courts of Kenya, with the High Court in Nairobi as the primary venue.

Nothing in this section prevents either party from seeking urgent injunctive relief from any competent court.

• Entire agreement. These Dealer Terms (together with the customer-facing Terms of Service, Acceptable Use Policy, DMCA / IP Takedown Notice, the Dealer Privacy Notice, Cookie Policy, and Refund Policy referenced here) constitute the entire agreement between you and Garisea about the dealer dashboard, and supersede any prior agreements or representations.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Failure to enforce a right in any one instance does not waive the right to enforce it later.
• Assignment. You may not assign or transfer these Dealer Terms or your dealer account without our prior written consent. We may assign these Dealer Terms to a successor in connection with a merger, acquisition, or sale of assets.
• Independent contractors. Nothing in these Dealer Terms creates a partnership, joint venture, agency, or employment relationship between you and Garisea.
• Notices. We send notices to the email address on your account. You give us notice at [email protected].
• Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control (natural disaster, war, government action, internet backbone failure, sustained sub-processor outage, pandemic-related restrictions).
• Language. These Dealer Terms are in English. Translations are provided for convenience only; the English version governs.

• Dealer support: [email protected]
• Legal: [email protected]
• Trust & safety: [email protected]
• Privacy / data-protection: [email protected]
• Operated by: Francton LLC, Nairobi, Kenya