Private Sellers Terms

1. What is the Effect of This Agreement

This Agreement applies to:

a. the publication by cargrab.co.za of the advertisement submitted by You, the person named and described in the online application (You);

b. the administration of Your account with CarGrab; and

c. the supply of any additional services (Services) by CarGrab to You.

2. Placing an Advertisement

In order to place an advertisement (Ad) for an item (Item) You must:

a. be 18 years or over;

b. set up a membership with CarGrab;

c. be a private or non-commercial advertiser

i. You will not be considered a private or non-commercial advertiser by CarGrab if you:

i.a. are a licensed dealer and intend to sell the Item featured in your Ad from your dealership; or

i.b. advertise for sale any Item as an agent for its owner;

ii. You may not be considered a private or non-commercial advertiser by CarGrab if you:

ii.a. advertise for sale more than 4 major items in any single category (such as motor vehicles, boats or caravans) within any 12 month period;

d. complete and submit the online application form (Application); and

e. pay the prescribed advertising fee.

CarGrab may alter its product and services offerings at any time without notice to You and does not guarantee or represent or warrant to you that any product or service offering which is available at a particular time, will be available in the future.

3. What You Must Do

You must :

a. comply with the terms and conditions set out in this Agreement;

b. provide all information for Your Ad ( including any photographs ) in the form required by CarGrab from time to time;

c. describe the advertised Item accurately;

d. comply with any relevant CarGrab advertising policy;

e. if You are not the owner of any materials (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad (and to grant CarGrab the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to CarGrab for publication;

f. if requested, provide CarGrab with proof of ownership of an Item, proof that an Item is in South Africa or has been cleared by customs;

g. maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and

h. remove Your Ad if the advertised Item is:

i. sold; or

ii. withdrawn by You from sale.

4. What You Must Not Do

a. You must not offer for sale any Item:

i. not located in South Africa;

ii. that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;

iii. that is not accurately described by the category in which it is advertised, for example only motor vehicles may be advertised in cars for sale and only marine vehicles (and not, for example, marina berths or marine accessories) may be advertised in boats for sale;

iv. that You are not the owner of; or

v. in all other cases, which You do not have the right to sell.

b. You must not submit an Ad which:

i. includes an offer of or referral to any services, for example finance;

ii. does not comply with all relevant laws;

iii. infringes the intellectual property rights of any person including any company or organisation;

iv. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;

v. is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item or by listing the Item at a lower price than you would be willing to sell the Item to solicit increased enquiries or for other purposes);

vi. comprise anything which may adversely reflect on CarGrab or any website on which Your Ad is published; or

vii. include references or links to other websites or HTML enhancement text;

viii. offers more than one primary Item (such as a motor vehicle, boat or caravan) in a single Ad; or

c. You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.

d. You must not submit any international contact numbers in Your CarGrab account information or Your Ad.

5. Requirements for photographs included in Ads

Photographs submitted with Ads for publication must:

a. be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;

b. if the Item is registered (such as a registered motor vehicle) include at least one image in which the registration is clearly visible;

c. not include any images of people;

d. not be digitally altered;

e. not contain any watermarks; and

f. be in jpeg format and of 640 x 480 dimension.

6. Publication of Ads

a. CarGrab is not bound to publish Your Ad until accepted by CarGrab. Your Ad is accepted when CarGrab publishes Your Ad.

b. If Your Ad is in breach of clause 4.b, or otherwise contains content that CarGrab deems inappropriate to include in an Ad, CarGrab may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.

c. If accepted, CarGrab will publish Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.

d. CarGrab acceptance of Your Ad does not create any relationship of agency between You and CarGrab.

e. You accept and acknowledge that CarGrab' acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through CarGrab or any of its Services.

f. CarGrab may republish Your Ad on such other websites, search engines, applications and print or other media as CarGrab determines from time to time in its absolute discretion.

g. You acknowledge and agree that while every endeavour will be made to publish Your Ad as submitted, CarGrab will not (other than as set out in clause 14) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of CarGrab, its employees or agents.

h. CarGrab may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:

i. CarGrab determines, in its absolute opinion without notice, You are not entitled to place the Ad (for example, because You are not a private advertiser or You do not own the Item); or

ii. You breach this Agreement; or

iii. You have not logged on to the administration pages of Your Ad for more than 21 days; or

iv. CarGrab determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.

i. Despite anything in this Agreement, CarGrab has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.

j. CarGrab may in its absolute discretion add to, edit or remove information within Your Ad including without limitation the Vehicle Identification Number (VIN) and/or registration number.

k. Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. CarGrab will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.

7. Cancellation and Withdrawal of Ads

a. Once Your Application is submitted to CarGrab it cannot be cancelled.

b. An Ad may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.

8. Intellectual Property Rights

You hereby grant to CarGrab in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to CarGrab, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

9. Payment

a. You must pay the advertising fee at the rate and in the manner set out in the Application.

b. The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.

c. You will not be entitled to a refund or credit if CarGrab withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.

10. Your warranties to CarGrab

You represent and warrant to CarGrab that:

a. You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;

b. You are entitled to publish the Ad and all materials contained in the Ad, including text and images;

c. You have the authority to grant to CarGrab the licence contained in clause 7 of these Terms and Conditions;

d. all contact and other details You have provided to CarGrab are accurate; and

e. Your use of the CarGrab network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by CarGrab from time to time.

12. You Indemnify CarGrab

You indemnify CarGrab against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against CarGrab arising out of:

a. a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;

b. any wilful, unlawful or negligent act or omission by You;

c. the publication by CarGrab or any other person of Your Ad;

d. the sale or offering for sale of any Item.

13. CarGrab Liability to You is Limited

a. Other than as set out in this clause 13, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by CarGrab are HEREBY EXCLUDED.

b. To the full extent permitted by law, CarGrab will only be liable to You:

i. Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of CarGrab is limited, at CarGrab’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or

ii. Subject always to clause 14(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by CarGrab.

c. To the full extent permitted by law, CarGrab will not be liable to You:

i. for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and

ii. for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

d. For the purposes of clauses 12 and 13, the term CarGrab will mean CarGrab, its officers, employees, contractors and agents, whether individually or collectively.

e. This clause will survive the expiration or termination of this agreement.

14. Privacy

a. To read how CarGrab collects, uses and discloses Your personal information please read our full privacy policy.

b. Please be aware that as an advertiser on the CarGrab network You may receive correspondence (including electronic correspondence) regarding Your account, including the status of Your Ad or any other services provided to You. This may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. You will also be notified of any changes to CarGrab or associated websites that may have a direct effect on the content or appearance of Your Ad or any other services. This correspondence forms part of this service and is necessary for the management of Your account. If You do not wish to receive this correspondence please do not submit an advertisement for publication on CarGrab network.

c. CarGrab is not be liable for any contact between You and any third party, including, but not limited to, contact made through the CarGrab network (for example through the vehicle enquiry form). You acknowledge that by placing an Ad on the CarGrab network, Your contact details (for example, telephone number) may be made available to the public and You grant CarGrab permission to make such details available on Your behalf.

15. What Law Governs this Agreement

This Agreement is governed by and construed in accordance with the laws in force in the Republic of South Africa.

16. Arbitration and Jurisdiction

a. Any dispute arising from or in connection with this Agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of South Africa by an arbitrator appointed by the Foundation. Such arbitration shall be held in Upington.

b. This clause shall constitute each party's irrevocable consent to the arbitration proceedings, and no party shall be entitled to withdraw herefrom or to claim at such arbitration proceedings that it is not bound by this clause.

c. Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings:

i. shall be final and binding on each of them (and any right of appeal under the Rules of the Arbitration Foundation of Southern Africa is hereby expressly excluded); and

ii. will be carried into effect; and

iii. can be made an Order of any Court to whose jurisdiction the parties are subject

d. The parties undertake that they shall not disclose to any third party or make public any information relating to the arbitration or the outcome thereof, save to the extent required by law or for the enforcement of any award of the arbitrator, it being recorded that it is the intention of the parties that the proceedings shall be and remain confidential.

e. Anything herein contained or implied shall not preclude any party from applying to Court for a temporary interdict or other relief of an urgent and temporary nature, pending the decision or award of the arbitrator hereunder.

f. The provisions of this clause are severable from the rest of this agreement and will remain in effect notwithstanding the termination or invalidity of, for any reason, this agreement.

17. Entire Agreement

These Advertising Terms and Conditions, the Application, CarGrab Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.

18. General

a. CarGrab may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon you once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.

b. All rights not expressly granted are reserved.

c. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.

d. Any delay or failure by CarGrab to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice CarGrab' rights in any way. No waiver by CarGrab will be effective unless it is in writing and signed by CarGrab.

19. Showcase placement

a. Availability of Showcase placement

i. Subject to (ii) below, the Showcase placement will only be made available to customers who have purchased a premium Ad on the CarGrab website.

ii. Showcase placements are strictly limited and CarGrab makes no guarantee that a Showcase placement will be available for purchase for Your vehicle at the desired time.

iii. A Showcase placement may be purchased during Ad creation or at any time during the life of Your Premium Ad provided it is available for Your vehicle at the relevant time.

b. Terms of Showcase placement

i. Purchasing a Showcase placement will rotate Your Ad through the relevant position – Your Ad will not appear in the Showcase placement for every relevant search.

ii. Showcase placements will appear on the first page of results, ahead of Standard and other Premium Ads but may not be the first result on the page.

iii. You understand and accept that the appearance of the Showcase placement will differ between different formats such as desktop and mobile.

iv. CarGrab makes no representation or warranty as to the expected number of views or click through of a Showcase placement, or the impact the placement is likely to have on the sale of an item.

v. CarGrab may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade, suspend or discontinue the Showcase placement.

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