User Agreement and Privacy Policy

Zabuni User Agreement

Last Updated: 31st August 2025

This User Agreement (“Agreement”) governs your access to and use of Zabuni, a digital marketplace for vehicle auctions. By accessing Zabuni as a vendor, buyer, supporting partner or viewer, you agree to abide by this Agreement, our Terms and Conditions, as well as the Zabuni Privacy Policy.

1. Platform Overview

Zabuni is a neutral online marketplace that facilitates vehicle auction listings and buyer-seller interactions. We do not buy, sell, broker, or take ownership of any vehicles listed on the platform. All transactions are conducted directly between sellers and buyers, and Zabuni does not act as an agent or intermediary in the sale.

1a. Platform Success Fee – 5%
To maintain a secure, high‑performing marketplace and continually improve the selling experience, Zabuni applies a 5% Platform Success Fee to the final selling price of every vehicle sold through the platform.

This fee is only charged when a sale is successfully completed via Zabuni. It is either:

  • Automatically deducted from the sale proceeds before payout, or
  • Invoiced immediately upon confirmation of the transaction.

By contributing this fee, you help us cover operational costs, marketing reach, buyer acquisition, and platform enhancements — all designed to increase your sales opportunities and protect your business interests.

1b. Buyer’s Premium – 2%
Likewise, to ensure the continued growth of our marketplace and to deliver a secure, high‑quality buying experience, Zabuni applies a 2% Buyer’s Premium to the final Selling price (or hammer price), of every vehicle purchased through the platform.

This premium is only charged when you win an auction and is calculated on the final bid amount. It is automatically added to your invoice at the close of the auction and is payable together with the purchase price.

Your Buyer’s Premium helps fund:

  • Rigorous listing verification and fraud prevention measures
  • Platform improvements for faster, easier bidding
  • Marketing and outreach to attract quality inventory and competitive bidding environments

By contributing this premium, you help us maintain a trusted, transparent, and efficient auction space that benefits all participants.

2. User Eligibility and Account Registration

  • Users must be 18 years or older and legally capable of entering contracts.
  • Registration requires verifiable contact information, company registration details and valid identification.
  • Zabuni reserves the right to verify user identity and decline or suspend accounts at its discretion.

3. Vendor Responsibilities

  • Vendors must legally own or control the vehicles they list.
  • Listings must include accurate descriptions, photos, and full disclosure of known issues.
  • Vendors are prohibited from bidding on their own listings or engaging in manipulation.
  • Vendors must facilitate ownership transfer and honor the final selling price.

4. Buyer Responsibilities

  • Buyers/bidders must first create a Zabuni account.
  • Buyers must pay the Bidding fee in order to be able to bid on an auction vehicle.
  • Bids placed are binding and legally enforceable.
  • Buyers must conduct due diligence prior to bidding.
  • Upon winning, buyers agree to complete payment and vehicle collection promptly.

5. Fees and Payment Terms

To sustain platform operations and enhance user experience, Zabuni charges a standard 10% platform success fee on the final selling price of each successfully completed vehicle sale. This fee is only applicable when a transaction is finalized through the platform and is automatically deducted or invoiced upon confirmation of sale.

However, as part of Zabuni’s demand testing initiative, sellers who register between August 1st and 31st, 2025 will receive a reduced platform success fee of 5% on all completed transactions for a period of seven (7) months. These sellers will form the Zabuni Pioneer Cohort — an early adopter group that may gain priority access to new features, platform insights, and feedback opportunities.

A. Buyers: 

  • To participate in any auction, buyers/bidders must first create a Zabuni account. To do so, they need to provide their personal or business contact details, such as an active email address and phone number.
  • Bidding fee: A non‑refundable fee of KSh 2,000 is required to unlock access to the bidding portal. This must be paid in full during registration via M‑Pesa or bank transfer using the details provided at the bottom of this bidding guide or on the Payment Details page of the Zabuni website.  

NB: Only bidders whose payments have been received and verified will be granted access to place bids.  

B. Vendors:

Vendors agree to pay the applicable platform success fee (i.e either 5% or 10%) on the final selling price of each successful auction.

Zabuni may also charge listing fees for premium features, such as:

  •  Homepage placement  
  •  Verified photography  
  •  Social media promotion  
  •  Priority customer targeting
  •  These services are optional and clearly priced during the listing process.

C. Payments:

C.1. Anti-Circumvention Clause

Users of the Zabuni platform agree not to circumvent, bypass, or attempt to engage in direct transactions outside the platform with any party they have interacted with through Zabuni, including but not limited to buyers, sellers, agents, or affiliates introduced via the platform.

Any attempt to avoid payment of Zabuni’s applicable platform success fee — including direct contact, off-platform negotiation, or private sale of a listed vehicle — constitutes a breach of this agreement.

Zabuni reserves the right to:

– Suspend or terminate user accounts involved in circumvention.

– Withhold access to buyer or seller contact details until applicable fees are settled.

– Pursue legal remedies, including recovery of unpaid fees and damages.

This clause remains in effect for a period of twelve (12) months from the date of the last interaction between the parties on the platform.

C. 2: All payments, including commissions, deposits, and optional fees, are processed via approved third-party providers, including mobile money options.

C.3: Refunds are granted solely at Zabuni’s discretion, and disputes will follow Zabuni’s resolution process outlined in the respective causes.

6. Non-Competition

To protect Zabuni’s unique platform and services, you agree not to:

  • Start or help run any online car auction website and/or mobile app that competes with Zabuni in Kenya or East Africa for three (3) years after your last activity on the platform.
  • This applies if you’re involved as a founder, employee, advisor, or investor.

This does not stop you from selling vehicles informally or in person, or through traditional dealerships. If you’d like to build something similar in the future, you can always ask Zabuni for written permission, and we’ll review it fairly.

7. Listing Standards and Verification

All vehicles listed on Zabuni by Vendors must comply with the National Transport and Safety Authority (NTSA) and Kenya Bureau of Standards (KEBS) requirements, including but not limited to:

  • Legal Ownership: Vendors must possess a valid logbook and importation documents confirming ownership.
  • Roadworthiness: Vehicles must meet NTSA’s inspection requirements and, where applicable, carry a valid Certificate of Roadworthiness.
  • KEBS Compliance: Imported vehicles must conform to Pre-Shipment Inspection (PSI) rules, and bear the KEBS Quality Mark indicating they passed safety and environmental standards.
  • Age Limit: Used vehicles must not exceed the eight-year age limit from the date of first registration as per KEBS import regulations.

Zabuni may request verification documents such as inspection certificates, customs clearance forms, or logbook copies, and reserves the right to conduct background checks.

Any form of misrepresentation—including forged documents, inaccurate descriptions, or concealed defects—may lead to listing removal, account suspension, or legal action under relevant Kenyan laws.

8. Marketplace Conduct

  • Users must maintain respectful communication and adhere to guidelines.
  • No fraudulent, defamatory, or misleading content is permitted.
  • Zabuni reserves the right to remove listings, comments, or ban users violating conduct rules.

9. Transaction Process

  • Auction duration: All vehicle auctions on Zabuni run for a standard period of 7 calendar days, with real-time bidding enabled throughout. Bidding activity in the final minutes may extend the auction clock to ensure fair competition.
  • Winning Bid & Post-Auction Steps: If the reserve price is met (or the listing is marked as no-reserve), Zabuni will connect the winning bidder and vendor to finalize the transaction.
  • Buyers must remit full payment within 48 hours of auction close, using approved payment channels.
  • Buyers are responsible for vehicle pickup, transport arrangements, and any applicable taxes or registration fees.
  • Escrow & Verified Checkout (Optional): Zabuni may offer an escrow service or verified transaction tools to enhance trust and streamline payment, title transfer, and delivery.
  • Listings eligible for verified checkout will be clearly marked, and users may opt in during the bidding or post-auction phase.
  • Unmet Reserve Protocol: If the reserve is not met, Zabuni may facilitate a 24-hour negotiation window between the vendor and highest bidder to reach a private agreement.

10. Intellectual Property and Platform Use

  • Zabuni retains full rights to platform branding, layout, and underlying software.
  • Users grant Zabuni a non-exclusive license to display their content.
  • Scraping, cloning, or unauthorized reproduction is strictly prohibited.

11. Analytics and Privacy

  • Zabuni may track user data for performance and service improvement.
  • Personal data is handled in accordance with our Privacy Policy
  • Zabuni uses cookies and may integrate third-party services.

12. Dispute Resolution Clause

In the event of any dispute, controversy, or claim arising out of or relating to the use of the Zabuni platform — including but not limited to vehicle listings, bidding activity, payment processes, or interpretation of these Terms — the parties agree to resolve such matters through the following multi-tiered process:

1. Good Faith Negotiation  

   The parties shall first attempt to resolve the dispute through informal negotiation, initiated by written notice and conducted in good faith within ten (10) calendar days of the notice.

2. Mediation  

   If the dispute is not resolved through negotiation, it shall be submitted to mediation facilitated by a neutral third party mutually agreed upon by both parties. Mediation shall commence within fifteen (15) calendar days of failed negotiations and be conducted in Nairobi, Kenya, unless otherwise agreed.

3. Arbitration or Legal Recourse  

   If mediation fails, either party may refer the dispute to binding arbitration under the rules of the Chartered Institute of Arbitrators (Kenya Branch), or pursue legal recourse in a court of competent jurisdiction in Kenya. The decision of the arbitrator shall be final and enforceable.

4. Costs and Confidentiality  

   Each party shall bear its own legal costs unless otherwise awarded. All proceedings, communications, and outcomes shall remain confidential, except where disclosure is required by law or for enforcement purposes.

5. Platform Integrity  

   Zabuni reserves the right to suspend or restrict platform access during the dispute process if the matter involves potential breach of platform rules, fee avoidance, or fraudulent activity.

13. Indemnity

By using Zabuni, you agree to protect and compensate Zabuni Auctions Ltd., its team, partners, and service providers against any losses, costs, or legal issues that result from:

  • Breaking these terms, Terms and Conditions or the Privacy Policy  
  • Providing false or misleading information in listings or bids  
  • Violating any laws or third-party rights  
  • Disputes related to vehicles listed, sold, or bought through Zabuni  
  • Unauthorized use or access of your account  
  • Posting content that infringes on someone’s intellectual property or defames others. Zabuni may handle the legal response to any such claims, and you agree to support us fully in that process.

14. Termination and Suspension

  • Zabuni may suspend or terminate accounts for any violation of this Agreement.
  • Users may delete their accounts, but Zabuni retains data necessary for legal compliance.

15. Jurisdiction and Governing Law

This Agreement is governed by the laws of the Republic of Kenya. Disputes will be resolved in Kenyan courts, preferably in Nairobi County.

16. Amendments to Agreement

Zabuni may update this Agreement periodically. Users will be notified via email or platform alerts. Continued use after changes implies acceptance.

Do you have questions?

? Call: +254 740788080  

? Email: support@zabuni.co.ke  

Mpesa Till: 6917087

Registered Address:

6th Floor, Room 3, Bihi Towers,

Moi Avenue, Nairobi, Kenya.

Email: admin@zabuni.co.ke