Last updated Jan 2023
Welcome to our platform’s terms and conditions. If you continue to use this service, you are agreeing to comply with and be bound by the following terms and conditions, which together with our Privacy Policy govern our relationship with you in the context of our service. The term “Cars-ZM” or “our” or “us” or “we” refers to the owner of the application/website. The term “you” or “purchaser” or “the User” or “customers” refers to the user of our application.
1.1 These Terms of Use ("Terms") governs the Users access or use, from within Zambia , of the applications, websites, content, products, and services (the "Services," as more fully defined below in Sections 3 & 4) made available in Zambia by our representatives, affiliates, officers and directors (collectively, "Cars-ZM"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. In these Terms, the words "including" and"include" mean "including, but not limited to."
1.2 By accessing or using the Services, the User confirms the agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with the User. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2.1 The following terminology applies to these Terms:
2.1.1 “Platform” shall mean Cars-ZM’s website and mobile applications.
2.1.2 “Listing/Advert” shall mean a listing placed on the Platform , which relates to the sale of a vehicle, setting out, inter alia, the vehicle specifications, photos , asking price and the like;
2.1.3 “Dealers” shall mean a person or entity which regularly trades in or is otherwise in the business of vehicle purchase and sales;
2.1.4 “Purchaser” shall mean either a person acting in their sole capacity, alternatively duly authorised to act on behalf of another person or entity which utilises the Services as offered on the Website;
2.1.5 “Seller” shall mean either a person acting in their sole capacity, a Dealer, alternatively a person or entity which is duly authorised to act on behalf of another person or entity who utilises the Services as offered on the Platform ;
2.1.6 “Services” shall mean those Services as provided to the Users through the Platform as more fully set out in clause 4 below; and
2.1.7 “Users” shall mean the Purchaser and the Seller collectively and “User” shall mean either of them as the context may indicate.
2.2 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.
3.1 Subject to the Users compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Cars-ZM and our licensors.
4.1 Cars-ZM provides the following Services to Users:
4.1.1 Sellers are able to place a Listing pertaining to the sale of a vehicle onto the Platform for the costs as set out in clause 5 below for viewing by prospective Purchasers;
5.1 Listings can be posted for free, but Cars-ZM reserves its rights to charge Sellers, Purchasers and/or Users for boosting Listings, advertising or for use of the Services in its sole and absolute discretion.
5.2 Payment shall be effected via electronic funds transfer, debit order or credit card through payment gateways, where applicable, provided via an independent third party payment service provider, in the discretion of Cars . The Purchaser is encouraged to consult the websites of any third-party payment service providers to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through such payment gateways.
6.1 Cars-ZM provides the Services as set out in clause 4 above.
6.2 Although Cars-ZM by its provision of the Services, introduces Purchasers or potential Purchasers to Sellers, the Users will be solely responsible for agreeing and formulating between themselves the terms and conditions related to a sale of a vehicle that may arise from the provision of the Services.
6.3 Cars-ZM is not a party to any vehicle sales, nor is it involved in the negotiation or final outcome of any sale, holding of deposits or the like. Accordingly, Cars-ZM shall have no liability arising therefrom. Without limiting the generality of clause 15 below, Users agree to indemnify and hold harmless Cars-ZM in respect of any and all costs, losses and/or damages howsoever arising, whether direct, indirect or consequential out the sale of a vehicle pursuant to a Listing being posted on the Platform.
6.4 In certain circumstances Cars may review, at its discretion, the contents of any Listings , and in this regard refuse to post Listings , or may remove such Listings which are deemed in its sole discretion, not suitable for the Platform.
7.1 The Seller hereby confirms that it shall not upload onto the Platform any Listings that are unlawful, abusive, defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any national or international law.
7.2 The User hereby warrants that they are at least 18 years of age.
7.3 Failure to comply with this undertaking will result in the Listing either being removed from, or not posted on the Platform .
8.1 Subject to clause 8.2 below, these Terms commence on the date upon which a User first accesses the Platform , and shall terminate only upon the later of the termination of the Subscription Period, Once Off Period, or User discontinuing their access to the Platform.
8.2 Clauses which out of necessity or by implication herein survive termination of these Terms, shall remain in full and effect despite the termination hereof.
9.1 Cars-ZM reserves the right, in its sole discretion, to disable, remove or refuse to display on the Platform any Listing/Advert and refuse the Seller any and all future use of the Platform if Cars comprises, or has reasonable grounds to suspect, that the Listing contains false, infringing or misleading information, or information not otherwise permitted in accordance with these Terms.
10.1 Cars-ZM does not have, and expressly disclaims, any liability to a User in connection with any content, information, text, graphics, images, audio or video, or material a Seller uploads to the Website. Cars cannot guarantee, and makes no representations in relation to the completeness or accuracy of any Advert or Listing.
10.2 Cars-ZM makes no express, implied or statutory representations, warranties, or guarantees in connection with the Platform or the Services, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Website.
10.3 Without limiting the generality of the foregoing, Cars-ZM makes no warranty that the Platform will meet a User’s requirements, or that the Platform will be uninterrupted, timely, error free nor that defects in the Platform will be corrected timely.
10.4 Cars-ZM makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
10.5 Cars-ZM shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Cars . While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.
10.6 Subject to any express terms, Cars makes no representation or warranty as to the volume of potential Users accessing the Platform .
10.7 Except for any express warranties in these Terms of Service, the Platform is provided on an “as is” basis and used at the User’s own risk.
11.1 A User may not:
11.1.1 use the platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
11.1.2 take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including spam or other unsolicited mass e-mailing techniques;
11.1.3 use the platform in any manner that would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
11.1.4 mislead or deceive others through any act or omission or make a false representation about a User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
11.1.5 post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which a User is not authorised to transfer to another party;
11.1.6 conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
11.1.7 introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the platform or to other Users;
11.1.8 crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Cars-ZM Website;
11.1.9 remove or alter Cars-ZM’s copyright notices or other means of identification including any watermarks, as they appear on the Platform .
11.1.10 The User understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Platform or the Services.
12. COPYRIGHTS
12.1 Cars-ZM and the contents of the Platform are the property of Cars-ZM , and are protected by Zambian and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the platform and/or the Services, is the property of Cars-ZM , unless credit is attributed to the author thereof, and is, likewise, protected by Zambian n and international copyright laws.
12.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the Zambian copyright laws or without the prior written permission of Cars-ZM , and further, should such consent be provided, Cars reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
12.3 Users are expressly prohibited to “mirror” any content, contained on the platform , on any other server unless with the prior written permission of Cars-ZM , and further, should such consent be provided, Cars reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
12.4 Cars-ZM does not permit copyright infringing activities and infringement of intellectual property rights on the platform , and Cars-ZM may, at its sole discretion, remove any infringing content if they are of the view that such content infringes on another’s intellectual property rights or our own.
12.5 The Seller is granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page or other applicable page of Cars-ZM , so long as the link does not portray Cars , its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use Cars-ZM ’s logo or other proprietary graphic or trademark as part of the link without the express permission of Cars-ZM , its affiliates or content suppliers.
12.6 All trademarks and copyrights, and also any other intellectual property rights, in and to any of the content of the Cars-ZM platform are the exclusive property of Cars-ZM .
13. INTELLECTUAL PROPERTY
13.1 A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the platform including any algorithm used by Cars-ZM .
13.2 Cars-ZM owns or is licensed to use all intellectual property on the platform . A User may not use any of our intellectual property for any purpose other than as may be required to use the platform for its intended purpose.
13.3 The ownership in and to any intellectual property comprising the Adverts/Listings and the contents thereof, shall as and when posted by a User on the platform , be transferred to Car s-ZM , free of any charge. In this regard, the User agrees to waive any and all moral rights attaching thereto. Accordingly, Cars-ZM shall have the right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Advert/Listing, for any reasonable purpose.
13.4 By using the platform , a User warrants that it owns or is licensed to utilise and post the intellectual property rights comprising such Listing/Advert. This includes copyright in respect of any text posted, as well as the right to use or display any image or logo. The User indemnifies Cars-ZM , and agrees to keep Cars-ZM indemnified, from and against any claims by third parties arising from a User’s Listing/Advert, including any breach of intellectual property rights any third party may bring against us, in relation to a User’s Advert.
13.5 No User may use or display any trade marks on the platform without first obtaining the consent of the owner of the trade mark. We own the distinctive “Cars-ZM ” marks, brand and logo.
13.6 Nothing on this platform creates any right on a User’s part (express or implied) that would allow a User to use or display a trade mark that such User does not own and has not otherwise validly licensed, regardless of whether the trade mark is currently registered.
14. LIMITATION OF LIABILITY AND INDEMNITY
14.1 The platform shall be used entirely at a User’s own risk.
14.2 Cars-ZM is not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the platform , the purchase and sale of any vehicles being the subject of a Listing/ Advert, or any other person’s use of or conduct in connection with the platform, in any circumstance.
14.3 A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the platform , including any breach by a User of these terms or any applicable law or licensing requirements.
14.4 To the maximum extent permitted by law Cars-ZM excludes all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
14.5 To the extent that Cars liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
14.6 Notwithstanding anything to the contrary in these terms, in no circumstances will Cars-ZM be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.
15. CONFIDENTIALITY
15.1 Confidential Information means any documents or information created, received or obtained from one User by another alternatively Cars-ZM , together with information relating to Cars as well as non-public information pertaining to Cars-ZM ’s business (including, without limitation pricing information, any related entities, the identity of Users, and any content marked confidential or reasonably construed as being confidential due to its nature) which must remain strictly confidential.
15.2 A User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.
15.3 Where a User is legally required to disclose the Confidential Information, such User shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
15.4 A User shall notify Cars immediately upon becoming aware of a suspected or actual breach of this obligation.
15.5 Cars-ZM will not disclose or make available to any third party, directly or indirectly, any User’s Confidential Information, except where we have the User’s permission, where the Confidential Information is already in the public domain (through no breach of these Terms), in furtherance of a User’s use of the Services, to enforce these Terms or if legally compelled to do so, or in accordance with our Privacy Policy.
16. GENERAL
16.1 Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision. Further, any consent to depart from the terms of this Agreement shall be ineffective unless it is confirmed in writing and signed by us.
16.2 Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
16.3 The rights, powers and remedies provided to us in these Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Terms.
16.4 These Terms constitute the entire agreement, read together with the Privacy Policy. A User acknowledges and agrees that it has not relied on any representations by us in entering this Agreement, except those contained in these Terms.
16.5 The laws of the Republic of shall apply to these Terms and the Terms of Service.
16.6 Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of Zambia .
16.7 If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.
17. CONTACT INFORMATION
17.1 Cars -Zambia
1 Nelson Sapi Road,
Minestone, Chainama, Lusaka
Email: support @cars -zambia.com
Phone Number (Call Centre / Customer Services): +260963391726
17.2 Seller: The address as provided when registering on the Website.
17.3 All notices to be given in terms of these Terms will:
17.3.1 be given in writing;
17.3.2 be delivered or sent by email; and
17.3.3 be presumed to have been received on the date of delivery.
17.4 Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.