Terms and Conditions

Welcome to Automarkt.co.za. These Terms and Conditions govern your access to and use of the Automarkt website, services, and applications, operated and legally owned by Markt Online (Pty) Ltd.

1. Acceptance of Terms

By accessing, registering an account, or listing a vehicle on Automarkt.co.za ("the Platform"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Platform. These Terms apply to all users, including casual browsers, private sellers, and registered commercial dealerships.

2. Platform Role & Limitations of Liability

Automarkt acts strictly as an online classifieds and lead-generation venue connecting buyers and sellers of motor vehicles. Markt Online (Pty) Ltd is not a vehicle dealership, broker, or agent.

• We do not own, inspect, or guarantee the condition, legality, or roadworthiness of any vehicle listed on the Platform.
• We are not a party to any transaction or contract formed between buyers and sellers.
• All transactions are executed at the sole risk of the involved parties. We strongly advise buyers to inspect vehicles, verify VINs, check service histories, and ensure no outstanding finance exists before making payments.
• Markt Online (Pty) Ltd shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of the Platform or any transactions stemming from it.

3. User Accounts

To post an advertisement or interact with certain features, you must create an account. We offer "Individual" accounts for private sellers and "Business/Dealership" accounts for commercial entities.

• You must provide accurate, current, and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your password and account credentials.
• Automarkt reserves the right to suspend, disable, or delete accounts that are found to be fraudulent, engaged in suspicious activity, or in violation of these Terms.

4. Vehicle Listing Rules & Prohibited Content

When you post a vehicle ad on Automarkt, you guarantee that you have the legal right to sell the vehicle and that the information provided is completely accurate. You strictly agree NOT to post:

• Vehicles that are stolen, illegally imported, or have altered Vehicle Identification Numbers (VINs).
• Listings with false, misleading, or deceptive information regarding mileage, accident history (e.g., hiding Code 2 or Code 3 salvage titles), or vehicle condition.
• Stock images or images belonging to other dealerships without permission. Photos must depict the actual vehicle for sale.
• Any content that is offensive, defamatory, or violates South African laws.

Automarkt reserves the right to remove any listing without refund if it breaches these guidelines, and may report fraudulent activity to the South African Police Service (SAPS).

5. Fees, Credits, and Payments

While basic browsing is free, posting advertisements may require the use of Ad Credits or the purchase of premium placement packages (e.g., "Featured" or "Top of Category").

• Free Credits: Promotional free credits provided to new users hold no cash value, cannot be transferred, and expire as stipulated upon issuance.
• Payments: All paid transactions are processed securely via PayFast. By purchasing credits or subscriptions, you agree to PayFast's terms of service.
• Refunds: Because our services are digital advertising placements, all payments are non-refundable once an ad has gone live. If a vehicle sells prior to the expiration of your premium listing, no pro-rata refunds will be issued.
• Dealership Invoicing: B2B invoices are generated automatically and are payable within the terms outlined on the specific invoice document.

6. Intellectual Property

The Automarkt brand, logos, website design, proprietary architecture, and database schemas are the exclusive intellectual property of Markt Online (Pty) Ltd. You may not copy, scrape, reverse-engineer, or reproduce any part of the Platform without explicit written consent.

7. Consumer Protection Act (CPA) & POPIA

Consumer Protection Act (CPA)

As Automarkt is not the supplier of the vehicles, the provisions of the CPA regarding the return or quality of goods apply directly to the relationship between the Buyer and the Seller (specifically commercial Dealerships). Private, one-off sales may fall outside the scope of the CPA ("voetstoots").

Protection of Personal Information Act (POPIA)

We are committed to protecting your privacy. By using the Platform, you consent to the collection, storage, and processing of your personal information strictly for the purpose of facilitating the marketplace features, as required by South African law. For full details, please refer to our Privacy Policy.

8. Indemnity

You agree to indemnify, defend, and hold harmless Markt Online (Pty) Ltd, its directors, employees, and affiliates from any claims, losses, damages, liabilities, or expenses arising out of your use of the Platform, your violation of these Terms, or your violation of any third-party rights.

9. Modifications to Terms

Markt Online (Pty) Ltd reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of Automarkt following any modifications signifies your acceptance of the updated Terms.

10. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the South African courts.