Terms and Conditions

TERMS & CONDITIONS FOR ACCESS & USE OF THE SECOND HAND CARS WEBSITE

Access and use of the secondhandcars.co.za website is subject to the following terms and conditions.


Please read through these terms carefully:

By accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you agree to accept all of the terms & conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it.

Please read through these terms and conditions before continuing to use the Second Hand Cars Website. If you do not agree to obey these terms and conditions you must stop using the Website immediately.

DEFINITIONS IN THESE TERMS & CONDITIONS

  • "we/us/our" means The Car Trader (Pty) Ltd trading as Second Hand Cars, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;
  • "YOU"/"YOUR" means the user of the Website including users who have registered with us and where applicable, advertisers.
  • "WEBSITE" refers to this website, including all aspects, facilities, and services of any nature whatsoever related to it.

1. ACCESS TO THE WEBSITE

Access to the Second Hand Cars website is permitted on a temporary basis. We reserve the right to withdraw, amend, or deny access to the provided service on the website, without notice. We may occasionally restrict your access to some parts of the website, or the website as a whole. Should the site be unavailable at any time, or for any reason, we will not be held liable.

2. CONTENT

You agree to only use, reproduce, and print material relating to search results on the website for personal, non-commercial purposes.

You may NOT use the contact details provided by vehicle advertisers other than for the express purpose of contacting them with genuine enquiries relating to the purchase of vehicle’s listed on the Second Hand Cars website.

There may be technical, typographical, or informational inaccuracies present on the website. We exclude all liability for the illegality and/or any loss or damage suffered from such inaccuracies or errors.

Any content or information present on the website may be altered, amended, or updated from time to time and may sometimes be outdated. We will not be liable for any previously existing representations, terms, conditions, or any other information altered on the website.

We do not accept responsibility for keeping the website’s information and content up to date, nor do we accept any liability for failing to do so.

Any information on the website is for informative purposes only and should not be taken as advice. You should not utilise such information or content to make, or refrain from making any decisions, or taking any action.

We do not issue warranties, conditions, guarantees, or representations, as expressed or implied, as to the following:

  • The completeness or accuracy of any advice, information, or content given on the website, or any websites it is linked to;
  • The content of advertisements for vehicles appearing on the website, which includes but is not limited to the ownership, quality, or authenticity of any photographs, compliance with description, or fitness for purpose of any such vehicles;
  • The completeness of results of any search conducted on the Website, or that the vehicles revealed by such searches are the only vehicles on our database, which may be the results of search requirements.

3. CONTRACTUAL ISSUES

We will not be bound to any allegations from you that a contract or legally binding agreement has been entered into between you and us, arising from communications addressed to us on the website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website, cannot be regarded by you as an offer that can be accepted to result in a legally binding contract.

4. LIABILITY

Any information or material displayed on the Website is provided without any guarantees, conditions, or warranties of its accuracy. To the extent permitted by South African law, we, our employees, agents, representatives, contractors, and any third parties connected to Second Hand Cars, hereby expressly exclude the following:

  1. All conditions, warranties, and other terms which might otherwise be implied by statute
  2. Any liability for direct, indirect, or consequential loss or damage whatsoever and howsoever, incurred by you in connection with the following:
    • Our failure to fulfil any of our obligations in terms hereof
    • The Website or resulting from the use, the inability to use, the Website
    • The search results obtained from the Website
    • Any websites linked to the Website and any material posted on it.

Second Hand Cars excludes all representations and warranties relating to the access and use of the website, whether statutory or otherwise, as permissible by South African law.

Routine maintenance and servicing will be carried out on our services and equipment from time to time. We will seek to minimise the disruption this may cause to a minimum but cannot guarantee that the Website will be available continuously. We therefore provide the Website on an ‘as is’ and ‘as available’ basis.

We make no warranty that the Website (or websites which are linked to the Website) is/are free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We will not be liable for any failure to perform any of our obligations as stated in these Terms & Conditions which have been caused by matters beyond our reasonable control.

We may publish content on our website and elsewhere from time to time that contains marketing material, internal and/or external research findings, surveys, statistics, and similar information on our business and area of trade, competitors, and related parties, for the purpose of your edification.

We shall not be held liable for any loss or prejudice which may arise from such publications.

5. INTELLECTUAL PROPERTY

All intellectual property, including trademarks, names, and logos, whether registered or not, that are embodied in the Website’s content, are the proprietary marks of Second Hand Cars.

Any marks identifying third parties are owned or licenced by those parties or their respective companies. Nothing in these Terms & Conditions confers in any way, your licence or right under any trademarks, names, or logos.

All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of vehicles, are owned and/or controlled by us.

Unless where expressly permitted by these Terms & Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the content on the Website, or authorise any person, or procure any other person to do so, without our express written permission.

Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to us.

6. LINKS TO EXTERNAL WEBSITES

The Second Hand Cars Website contains hypertext links to third party websites that are neither owned nor operated by us.

We have no control over, nor are we responsible for the content displayed on these websites. Our inclusion on the Website of hypertext links to such websites does not imply our endorsement of the material expressed by their owners or contained on their websites.

7. LINKS TO THE WEBSITE

You may establish a hypertext link to the Homepage of the Website but may not otherwise (without written consent) provided that no implied endorsement or sponsorship of you has been created thereby.

8. REGISTRATION DETAILS

You will be required to register (free of charge) to gain access to certain services on the Website. When registering, you will be given a username and password. You agree that the information you supply when registering is correct, truthful, accurate, and complete.

You agree to not attempt to register in the name of any other individual, company, or organisation; nor will you adopt a username which may be deemed to be offensive. All information supplied by you during registration will be protected and used in accordance with the terms of our Privacy Policy .

9. SECURITY

We reserve the right to institute criminal proceedings against you if you attempt to utilise the Website maliciously, by gaining unauthorised access to any page on the Website, or by delivering or attempting to deliver any unauthorised or harmful code to the Website.

10. GENERAL

We reserve the right to assign or subcontract any (or all) of our rights and obligations under these Terms & Conditions to a third party.

You may not assign or dispose of any rights or obligations arising under these Terms & Conditions without our prior written consent.

These Terms & Conditions may be revised at any time by amending this document. It is your responsibility to check this page from time to time and take notice of any changes that have been mind, as they are binding to you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

Should any of the provisions of these Terms & Conditions be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These Terms & Conditions, together with our Privacy Policy, contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersedes all prior agreements, arrangements, statements, and understandings, except for any fraud or fraudulent representation by either you or us.

The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms & Conditions; the use or inability to use the Website and or information contained on the Website.

11. COMMUNICATION & DATA

Please refer to our Privacy Policy for details about how Second Hand Cars collects and uses user information.

12. EC ACT DISCLOSURES

Access to the Website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:

  • Main Business: Advertising / Marketing of motor vehicles and related products
  • Website address: https://www.secondhandcars.co.za
  • Official email address: info@secondhandcars.co.za
  • Manual in terms of the Promotion of Access to Information Act 2 of 2000: See Website
  • Management: The executive committee of the Car Trader (Pty) Limited t/a Second Hand Cars as determined from time to time
  • Costs associated with the access to and use of the service: No cost associated with accessing the service
  • Dispute resolution: No specific dispute resolution process
  • Complaints process: If you have any complaints or would like more information please e-mail info@secondhandcars.co.za

TERMS & CONDITIONS FOR ADVERTISING

All advertisements placed on the Website will also appear on the Second Hand Cars mobile Internet service. By placing an advertisement with us, you are deemed to have read and accepted these Conditions. These Conditions and the contract to which they form part shall be governed by South African law.

1. NON-TRANSFERABLE

None of your rights and obligations in relation to these Terms may be assigned or transferred without our prior written consent.

2. MULTIPLE ADVERTISEMENTS

  • We may only display one advertisement per vehicle at any point on our Website.
  • If you order an advertisement which is already advertised on our website, the subsequent advertisement will replace the previously published one for that vehicle.
  • The time-period of the first advertisement placed on the Website will automatically expire when replaced.
  • We will not be held liable, nor will we reimburse you, should the first advertisement not be displayed for the duration of the period for which the payment was made.

3. PAYMENT

All advertisements must be fully paid for, prior to publication, at the advertising rates specified by us at that time. We shall not be under any obligation to publish any advertisement that has not been paid for in advance.

Payment for advertisements can be done online through the Website or through our offline sales team by phoning (+2711) 867 6380

Where payment is made online through the Website, you will be directed to a dedicated commerce provider who will take payment via a secure server (SSL) connection ensuring the safety of your online payment. Payment can be made using Visa or MasterCard. Whilst every effort is made to ensure the safety of your card transaction, we cannot and do not accept liability for any loss or damage incurred because of using the online secure payment mechanism.

We retain the right to change our advertising rates at any time. Such revised advertising rates shall apply to any advertisement placed with us after publication of the revised advertising rates.

4. PROCESSING YOUR ADVERTISEMENT

  • An advertisement may only feature one vehicle.
  • We aim to process advertisements supplied online to our sales team within 24 hours of receipt. Placements of these advertisements on the website shall be completed on the following day.
  • Once approval has been granted for an advertisement, a confirmation email will be sent to you to confirm that it has gone live.
  • If the advertisement has been rejected, a mail will be sent to you providing details why, and who you can contact for details about its rejection.

5. WARRANTIES

You warrant the following:

  • All information and materials provided are complete, accurate, legal, non-defamatory, decent, honest, and truthful.
  • All information supplied to us complies with the South African Code of Advertising Practice, as well as all current relevant legislations.
  • The publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights; nor render Second Hand Cars to any proceedings, and/or be detrimental to our reputation.
  • In respect of any advertisement which contains a copy, photographs, or video by which any living person is or can be identified, you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time).

We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which:

  • You fail to comply, or we suspect that you are not complying with the provisions of clause 5; and/or
  • Any competent law enforcement or compliance authority instructs, advises, makes a recommendation, or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.

6. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights [whether registered or not]) ("IPRs") in any publication, copy, text, artwork, photographs, or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.

Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require tovest the IPRs in us and to enable us to protect and enforce them. In respect of any materials other than that referred to in above, which you supply to us ("Materials").

You grant us a non-exclusive, irrevocable, perpetual, and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.

You shall, at all times, indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses, and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party's IPRs.

7. OUR RIGHTS & OBLIGATIONS

We shall provide the service, with reasonable care and skill, in a professional and timely manner and the advertisement shall be designed in accordance with the agreed specification.

Where your advertisement is to appear on the Website, you acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to the Website.

We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us resulting from an untrue statement or inaccurate information, photograph, or video.

We reserve the right to refuse publication of an advertisement without giving any reason. Additionally, it is within our sole discretion to classify, edit, and/or delete an advertisement at our sole discretion. Where possible, we will attempt to inform you of any such changes.

We may at any time vary the technical specifications of the Website (or any part thereof) for operational reasons.

We may at any time remove any or all materials and/or statements appearing in the advertisement from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.

Should we do not accept an advertisement, we will, if possible, inform you accordingly. If we reject the advertisement, no charge will be incurred by you. Furthermore, no contract will be deemed to exist between you and us until such time as the advertisement has been accepted for posting on the Website and payment is made.

Occasionally we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.

8. MEDIA, FILES & PHOTOGRAPHS

We may check media files and/or photographs to ensure that the content meets the requirements laid out in these Terms & Conditions.

If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory, or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous; we reserve the right to remove it from the Website.

Media files and photographs may only advertise one vehicle.

9. AMENDMENTS

Any amendments to your advertisement, can be done via the online edit functionality or by contacting Customer Services on (+2711) 867 6380.

If you are experiencing any difficulties in relation to amendments or you wish to enquire whether changes can be made, please contact Customer Services on (+2711) 867 6380. during business hours and as displayed on the Website or email your enquiry to customer service providing your advertisement reference number, vehicle registration number or postcode.

10. CANCELLATIONS & REFUNDS

All advertisements will be processed immediately, and payments are non-refundable once the advertisement appears on the Website.

Please note that advertisements may take up to 24 hours to appear on the Website.

11. LIABILITY

We shall not be liable to you for any of the following:

  • Consequential, indirect or special loss or damage
  • Loss of goodwill or reputation
  • Loss of business and/or opportunity
  • Loss of profits
  • Loss of revenue; and/or economic and/or other similar losses

In each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.

Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the advertising rates paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.

In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the advertisement, refund you, or adjust the advertising rates.

No refund, amendment, or adjustment to the advertising rates will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises because of incorrect or inadequate information provided by you.

We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).

12. DATA PROTECTION

Please read our Privacy Policy for further information.

13. GENERAL

These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.

If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.

We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on the Website shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.

The agreement which incorporates these Conditions shall be governed by and construed in accordance with South African Law and the parties irrevocably submit to the exclusive jurisdiction of the South African Courts.

14. DEALER ADVERTISING

In addition to the above and with specific reference to dealer advertising, such dealer hereby agrees to have complied with the Business Advertisement Disclosure Order 1977 which came into effect on 1 January 1978.

Such order requires that all advertisements by people who seek to sell goods in the course of business, shall make such fact clear.

This requirement applies whether the advertiser is acting on his own accord, or for some other person in the course of whose business goods are to be sold.

Customers should be able to tell whether an advertisement relates to a sale by a dealer or private seller. Non-compliance therewith is an offence in relation to these Terms.

It is your responsibility to ensure that, where applicable, your advertisement states that you are a dealer.

Hence, the placing of an order for dealer advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency's order shall be void in so far as they conflict with these Conditions.

15. TRADE ONLINE ADVERTISEMENTS (TOLA)

You have the option of purchasing advertising space from us online and of paying for same online by accessing our website and utilising the self-service channel.

Payments can be made using credit card or by direct electronic funds transfer ("EFT").

Use of TOLA is subject to all of the Terms & Conditions contained herein as and where applicable including also our right

  • to refuse and/or withdraw any advertisement tendered or placed at your instance at any time in our sole discretion
  • to refuse the placement of any advertisement from you in circumstances where you have not honoured any of your obligations to ourselves and/or effected payment to us of monies due
  • to remove this facility known as TOLA from our website entirely
  • to modify, include or change in any way any aspect of TOLA including pricing, delivery time, deadlines, and the like within our sole unfettered discretion.

To place advertisements through TOLA, payment has to be made upfront via credit card or EFT prior to the deadline cut-off date which is each and every Monday before 13h00 on the self-serve channel.

No adverts will be placed through TOLA unless prior payment has been made.

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