Terms and Conditions – Imagine This Car

 

Jurisdiction: Republic of South Africa

1. Introduction

Welcome to Imagine This Car ("ITC"), an online automotive and services marketplace. These Terms and Conditions ("Terms") govern your access to and use of our platform, including any content,

 

functionality, features, services, advertising, and escrow solutions. By registering or using ITC, you agree to comply with and be bound by these Terms and all applicable laws of the Republic of South Africa. If you do not agree, do not use the platform.

2. Definitions

•              "User": Any person or entity using the ITC platform.

•              "Client": A user searching for, purchasing, or inquiring about listed vehicles, accessories, or services.

•              "Service Provider": Verified dealers, private sellers, vendors, or third-party service providers on ITC.

•              "Lead": A verified inquiry or interest in a listed product or service.

•              "Escrow Services": Payment protection held until transaction completion.

 

•              "SLA": Service Level Agreement outlining expected standards and conduct.

•              "Platform": ITC’s web/mobile service.

3. Scope of Services

ITC:

•              Hosts listings for cars and accessories by verified sellers.

•              Facilitates vehicle logistics, inspection, and transport.

•              Provides lead generation and advertising tools for vendors.

•              Offers secure escrow payment services.

•              Acts solely as an intermediary; ITC does not own or directly sell any product unless explicitly stated.

4. User Obligations

Users agree to:

•              Provide accurate, up-to-date information.

 

•              Use the platform lawfully and responsibly.

•              Not engage in fraudulent, defamatory, or abusive behavior.

•              Not attempt to circumvent ITC’s payment or escrow systems.

5. Service Provider Obligations

Service Providers must:

•              Maintain valid business credentials and liability insurance.

•              Deliver services that meet ITC quality standards.

•              Adhere to the SLA, community guidelines, advertising policies, and applicable South African laws.

6. Escrow Services

•              Funds are held securely until the Client approves delivery.

•              A signed release form or written confirmation is required before

 

disbursement.

•              In case of dispute, funds remain in escrow pending mediation.

•              ITC does not adjudicate disputes but facilitates fair resolution.

7. Lead Fees & Billing

7.1 Accessory Leads:

•              Fixed rate: R25 per verified lead.

•              Bulk discounts: 5% (3+ items), 7% (5+ items).

7.2 Vehicle Leads:

•              Grade 1: R100 (highly qualified)

•              Grade 2: R75 (verified interest)

•              Grade 3: R50 (initial inquiry)

Lead fees are prepaid and non-refundable.

8. Advertising & Promotions

•              Ads must be accurate, lawful, and approved by ITC.

•              Promotional content using ITC

 

branding or assets requires written consent.

•              Misleading or deceptive advertising will result in immediate suspension.

9. Returns & Refunds Policy

•              Clients must inspect goods before confirming receipt.

•              Defective products/services must be reported within 48 hours.

•              Refunds are processed via mediation and may include fines or credits to affected parties.

•              Return logistics are handled by the Service Provider unless otherwise agreed.

10. Logistics and Transportation

•              Service Providers are fully responsible for vehicle or accessory delivery.

•              ITC is not liable for damages, theft, or

 

delays during transit.

•              Providers must carry insurance and ensure proper handover procedures.

11. Community & Content Standards

Users must:

•              Avoid hate speech, misinformation, or abuse.

•              Accurately represent all listings.

•              Use appropriate language in reviews and discussions.

12. Mediation & Dispute Resolution

•              ITC offers a structured mediation protocol (see Community Guidelines Section 4).

•              Providers may be fined for failure to resolve issues fairly.

•              Persistent non-compliance may lead to

 

account termination.

13. Data Protection & Privacy

•              Governed by POPIA, GDPR, and applicable data regulations.

•              Full policy available under our [Privacy Policy Document].

•              Users have the right to access, correct, or delete their data.

•              Data may be shared with verified partners (e.g., SARS, banks) for legal compliance.

14. Intellectual Property & Non-Compete

•              All ITC content is protected under copyright and trademark law.

•              Users and vendors may not clone or copy the platform.

•              Use of ITC branding without approval is prohibited.

 

15. Limitation of Liability

To the fullest extent permitted by law:

•              ITC is not liable for indirect or consequential losses.

•              ITC is not liable for vendor fraud or buyer misconduct.

•              Maximum aggregate liability is capped at the lesser of R10,000 or 6 months of prior paid fees.

16. Termination and Blacklisting

•              ITC may suspend or remove accounts violating these Terms.

•              Grounds for termination include fraud, non-performance, misrepresentation, or repeated SLA breaches.

•              Blacklisted vendors may not re-register without written consent.

17. Indemnification

 

Users agree to indemnify ITC against all claims, damages, or liabilities arising from:

•              Breach of these Terms

•              Misuse of platform services

•              Any third-party claims arising from User actions

18. Changes to Terms

We reserve the right to update these Terms at any time. Users will be notified of material changes. Continued use of the platform constitutes acceptance of the revised Terms.

19. Governing Law

These Terms shall be governed and interpreted according to the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of South African courts.

20. Contact Us

For questions or concerns:

 

•              Email: legal@imaginethiscar.com

•              Phone: 067 989 8704

 

21. Entire Agreement

These Terms, together with ITC’s Privacy Policy, Community Guidelines, Returns Policy, SLA, and Escrow Agreement, constitute the entire agreement between you and ITC.

Imagine This Car

Driving trust, one transaction at a time.