Terms and Conditions

CARS.CO.ZA TERMS OF SERVICE AS BETWEEN CARS ON THE INTERNET (PTY) LTD (“CARS.CO.ZA”) AND THE SELLER IN RESPECT OF MATCH! (“SELLER TERMS OF SERVICE”)

THESE SELLER TERMS OF SERVICE ARE EFFECTIVE AS OF: 1 March 2019

“EFFECTIVE DATE”

READ THESE SELLER TERMS OF SERVICE CAREFULLY BEFORE MAKING USE OF MATCH!. YOUR CONTINUED USE OF MATCH! INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE SELLER TERMS OF SERVICE. YOU CANNOT USE MATCH! IF YOU DO NOT ACCEPT THE SELLER TERMS OF SERVICE. ALL SECTIONS OF THE SELLER TERMS OF SERVICE ARE APPLICABLE TO SELLERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

  1. INTRODUCTION
    1. The Cars.co.za website, www.cars.co.za inclusive of MATCH!, is made available, and owned by, Cars On The Internet (Pty) Ltd t/a Cars.co.za (bearing registration number 2016/041496/07) (hereinafter referred to as "Cars.co.za", “MATCH!”, “Website”, "we", “our", "us" or “its”). Any reference to "Cars.co.za", “MATCH!”, "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
    2. The Seller Terms of Service, including any document incorporated by reference herein, including, but not limited to the Cars.co.za Terms of Service and Privacy Policy (collectively, the "Terms") apply to any Seller who uses MATCH! accesses, refers to, views and/or uploads or downloads any information or material made available on MATCH! for whatever purpose, and which Seller shall carry the definition as set out in clause 2.1.3 below, and governs the Seller’s relationship with Cars.co.za.
    3. Accessing and/or use of MATCH! after the Effective Date will signify that the Seller has read, understands, accepts, and agrees to be bound, and are bound, by the Seller Terms of Service read in conjunction with and amplified by the Terms, in such Seller’s individual capacity and/or for and on behalf of any third party or entity for whom the Seller utilises MATCH!. Further, the Seller represents and warrants that it has the authority to do so and that in the case of the Seller being a natural person, the Seller is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
  2. TERMINOLOGY
    1. The following terminology applies to these Seller Terms of Service:
      1. Authorised Dealer” shall mean an individual person and/or a duly authorised representative of an entity who has registered as a dealer through Cars.co.za. An Authorised Dealer may be a Dealer or Group as defined in the Cars.co.za Terms of Service, however a Dealer or Group shall not automatically qualify as an Authorised Dealer;
      2. MATCH!” shall mean the product on the Website through which additional services are made available to a Seller as set out in clause 6 below, and which may not necessarily be available to Sellers as defined in the Terms;
      3. Seller” shall mean the person selling a vehicle either as the owner of the vehicle or as the nominated agent of the owner of the vehicle;
      4. Seller Terms of Service” shall mean these Terms of Service as read together with the Terms;
      5. Users” shall mean the Authorised Dealer and Sellers, together with the Users as defined in the Terms, and "User" shall mean either one of them as the context may indicate; and
      6. Vehicle” shall mean motor vehicles (tare weight of 3 500 kilograms or less), and specifically excludes bikes, trailers, boats, caravans, vehicle parts/spares and accessories.
    2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
  3. A SELLER’S AGREEMENT TO THE SELLER TERMS OF SERVICE
    1. By agreeing to the Seller Terms of Service, the Seller also agrees to be bound by the Cars.co.za Terms of Service viewable HERE together with the Privacy Policy viewable HERE.
    2. Subject to, and on the basis of the Seller’s acceptance of the Terms together with the Seller Terms of Service, and thus being permitted to utilise MATCH! Cars.co.za grants the Seller a limited, revocable, non-transferable and non-commercial license to access and use MATCH! in accordance with the various policies and agreements which may govern such use and access.
    3. To the extent that there exists any inconsistency between the terms of the Seller Terms of Service and the Terms insofar as it pertains to Match!, the Seller Terms of Service shall prevail to the extent of such inconsistency unless expressly provided otherwise herein.
    4. The omission of any clause in this Seller Terms of Service, where such clause is found in the Terms, shall be read as if specifically incorporated herein to the extent that it is applicable.
  4. REGISTRATION PROCESS FOR A SELLER
    1. Although during the initial phase of MATCH! a Seller will not be required to register in order to utilise the product, at a time in the future, registration by the Seller will be necessary, and a Seller will, through the registration process as facilitated on the Website, be prompted to provide certain log-in details as well as submit certain personal information which is set out in more detail in the Privacy Policy, the link to which is set out in paragraph 3.1 above.
    2. Upon completion of the registration process in the future, the Seller will be required to enter a user name and password, which shall then form part of the log-in details.
    3. Upon registration for MATCH! a Seller agrees to receive electronic communications from Cars.co.za. Should a Seller not wish to receive such communications, he/she should opt out of the service using the remove car function.
  5. WARRANTY BY A SELLER
    1. A Seller warrants that:
      1. he/she is at least 18 years old to the extent that they are a natural person;
      2. when the Vehicle was initially purchased by the Seller it was done in good faith, and was not stolen or otherwise acquired unlawfully. Further that to the best of the Seller’s knowledge and belief there is no fraudulent or illegal transaction surrounding ownership of the Vehicle.
      3. the Vehicle as submitted to MATCH! by the Seller is either owned by the Seller, alternatively the Seller has the necessary authority to act on behalf of the owner of the Vehicle in terms of its sale or disposal;
      4. all information submitted by the Seller in respect of the Vehicle is current, truthful and accurate;
      5. no misleading or ambiguous information will be supplied regarding the Vehicle which may mislead an Authorised Dealer in any manner whatsoever;
      6. the Vehicle is situated within the borders of South Africa.
  6. MATCH! SERVICES
    1. The activation of the MATCH! service by a Seller shall entitle a Seller to:
      1. upload the details of the Vehicle it/her/she wishes to sell, which details shall include but not be limited to:
        1. Make;
        2. Model;
        3. Year;
        4. Vin Number;
        5. Registration number;
        6. Odometer reading;
        7. Colour;
        8. Extras (including but not limited to Radio/cd player/air-conditioner)
        9. Manual/Automatic;
        10. Interior condition;
        11. Accident history;
        12. Date of expiry of license;
        13. Remaining instalments on the Vehicle if it is still financed;
        14. Warranty/Service Plan; and
        15. Service record.
      2. upload the details of the Vehicle which it would like to obtain through the selling process;
      3. receive through MATCH! an electronically generated communication setting out the various offers as made by Authorised Dealers (the personal details of the Authorised Dealer not being visible to the Seller);
      4. make a selection as to which offer it would consider accepting by indicating that they would like to be connected with the Authorised Dealer within 48 hours of the offer being made. The Seller will then be redirected to the Cars.co.za website wherein the identity of the Authorised Dealer will become known to the Seller, and negotiations may be initiated; and
      5. remove the Vehicle from MATCH! at any time.
    2. Only once a Seller has elected which offer (if any) it would accept, through the process set out in clause 6.1.4 are the Seller and the Authorised Dealer able to make the necessary arrangements for the Authorised Dealer to inspect the Vehicle and possibly conclude a sale.
    3. A Seller recognises that any price offered to it by an Authorised Dealer may increase or decrease based on a final inspection as carried out by the Authorised Dealer, and shall not be binding to the Seller unless and until a separate and formal agreement is entered into between the Seller and the Authorised Dealer. Failure to provide the correct or all of the information required by the Seller may result in a change in the price offered or an offer being withdrawn. It shall however always remain the Seller’s discretion as to continue with the negotiations in these circumstances.
    4. In using MATCH! neither the Seller’s details nor the Vehicle details will be displayed on the Cars.co.za Website, but rather be filtered directly through to Authorised Dealers that are registered on MATCH!. Should the Seller wish to have the Vehicle displayed on the Cars.co.za Website a Seller may do so at the following link: www.cars.co.za/sell-car
  7. COSTS & PAYMENT
    1. The costs associated with the use of the MATCH! product shall be free to a Seller, which shall not include any transactions, agreements or arrangements entered into separately with an Authorised Dealer.
  8. COMMENCEMENT, TERMINATION & DEACTIVATION
    1. Save for what is set out in the Terms, the Seller Terms of Service shall commence upon a Seller accepting these terms in accordance herewith.
  9. DISCLAIMER
    1. Further to what is contained in the Terms, we make no representation or warranty that any negotiations entered into between an Authorised Dealer and a Seller will be successful and lead to a sale or that uploading a vehicle using MATCH by the Seller will result in the receipt of offers.
    2. All costs associated with the negotiations and/or any transaction between the Authorised Dealer and the Seller shall fall outside of MATCH! and payment thereof shall be made by either the Authorised Dealer or the Seller as agreed to by them. Neither Party shall have any recourse to Cars.co.za in relation to the claiming of such costs.
    3. All transactions shall be deemed to be between the Seller and the Authorised Dealer personally and we shall not be recognised as a party thereto, be responsible for or held liable for either one’s failure to honour any terms of an agreement that may be reached between them, including but not limited to the condition of the vehicle, the price ultimately paid or the failure to honour any payments.
    4. Cars.co.za shall at no time be seen to be the purchaser of the Vehicle, or as a substituted party to an agreement. The role of MATCH! is one of facilitation only in bringing an Authorised Dealer and Seller together.
    5. We do not warrant that the use of MATCH! will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the Seller’s information without loss.
  10. RESERVATION OF RIGHTS
    1. Cars.co.za reserves the right to call for confirmation of all information relating to the Vehicle as supplied by the Seller. Failure to provide such information may, at our discretion result in the Vehicle being removed from MATCH!.
    2. Cars.co.za further reserves the right to inspect the Vehicle at a time and place agreed to between it and the Seller in order to satisfy itself that the information provided is true and correct.
  11. PROTECTION OF PERSONAL INFORMATION
    1. Cars.co.za makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that Personal Information, alternatively any data uploaded onto MATCH! may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards.
    2. Therefore, we urge Sellers to take adequate precautions to protect its personal data and login details including never sharing passwords with anyone.
  12. SURVIVAL
    1. Clauses which out of necessity or by implication herein survive termination of these Seller Terms of Service, shall remain in full and effect despite the termination hereof.
  13. SEVERANCE
    1. If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these Seller Terms of Service and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out herein or the Terms, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of such clauses or any part thereof, or the right thereafter to enforce each and every provision.
  14. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION
    1. Cars.co.za chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Seller Terms of Service, the address as contained in the Terms, and the Seller the address as provided when registering for MATCH!
    2. The remaining provisions of this clause shall be read in conjunction with the Terms as relating to the domicilium citandi et executandi and contact information.

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