Terms of Service

1. Introduction

Welcome to CarChive ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the CarChive website, mobile application, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

CarChive is an online automotive marketplace platform that connects vehicle buyers and sellers, provides dealer services, and offers automotive information and resources. Our Service is operated from South Africa and is subject to South African law.

2. Acceptance of terms

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

We reserve the right to modify these Terms at any time. Material changes will be notified through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age or have parental/guardian consent
• Have the legal capacity to enter into binding agreements
• Provide accurate, current, and complete information during registration
• Maintain and update your account information as necessary
• Be responsible for maintaining the confidentiality of your account credentials

You are responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4. User accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity, or a name that is otherwise offensive, vulgar, or obscene.

5. Use of service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Post false, misleading, or fraudulent information
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Impersonate any person or entity or misrepresent your affiliation
• Harass, abuse, or harm other users
• Collect or store personal data about other users without consent

6. Dealer services and subscriptions

Dealers may subscribe to our subscription plans (Basic, Premium, Enterprise) which provide access to listing services, analytics, and other dealer tools. Subscription fees are charged according to the selected plan and billing cycle (monthly or yearly).

Subscription Terms:

• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your dealer dashboard
• Cancellation takes effect at the end of the current billing period
• Refunds are subject to our Refund Policy
• We reserve the right to modify subscription pricing with 30 days' notice
• Listing limits and features are determined by your subscription tier

7. Vehicle listings

When you list a vehicle on CarChive, you represent and warrant that:

• You have the legal right to sell the vehicle
• All information provided is accurate and truthful
• You own the vehicle or have authorization from the owner
• You will complete the transaction in good faith if a buyer is found
• You will not list vehicles that are stolen, illegal, or fraudulent

We reserve the right to remove any listing that violates these Terms or that we determine is inappropriate, fraudulent, or harmful to our users.

8. Payments

Payments for subscriptions and services are processed through our payment partners, including Paystack. By making a payment, you agree to:

• Provide accurate payment information
• Authorize charges for the selected services
• Comply with the payment processor's terms and conditions
• Pay all applicable fees and taxes

All prices are displayed in South African Rand (ZAR) unless otherwise stated. Prices are subject to change with notice.

9. Intellectual property

The Service and its original content, features, and functionality are owned by CarChive and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of content you post on the Service, but grant CarChive a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content for the purpose of operating and promoting the Service.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will be accurate or reliable

CarChive acts as a platform connecting buyers and sellers. We are not a party to transactions between users and do not guarantee the quality, safety, or legality of listed vehicles or the accuracy of listings.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARCHIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless CarChive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard. Upon termination, all data associated with your account may be deleted in accordance with our Privacy Policy.

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

15. Changes to terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

16. Contact us

If you have any questions about these Terms of Service, please contact us: