Terms and Conditions
Site User Terms and Conditions
Last Updated: May 21, 2025
Welcome to Carloom Automotive (Pty) Ltd! These Terms and Conditions ("Terms") govern your access to and use of the Carloom Automotive (Pty) Ltd website, platform, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and all other policies referenced herein. If you do not agree to these Terms, you may not access or use the Platform.
1. Acceptance of Terms
By creating an account, accessing, or using the Carloom Automotive (Pty) Ltd Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Carloom Automotive (Pty) Ltd.
2. Definitions
"Carloom Automotive (Pty) Ltd," "we," "us," or "our": Refers to Carloom Automotive (Pty) Ltd, the operator of the Platform.
"User," "you," or "your": Refers to any individual or entity accessing or using the Platform, including Buyers and Dealerships.
"Buyer": An individual or entity using the Platform to search for, inquire about, or purchase vehicles from Dealerships.
"Dealership": A verified automotive dealership that lists vehicles and offers services on the Platform.
"Platform": The Carloom Automotive (Pty) Ltd website, mobile applications, and all associated services, tools, and features.
"Content": Any text, images, videos, audio, data, or other information uploaded, displayed, or transmitted on the Platform by Carloom Automotive (Pty) Ltd or by Users.
"Services": The functionalities and offerings provided by Carloom Automotive (Pty) Ltd through the Platform, including vehicle listings, search tools, concierge support, lead generation, and analytics.
3. User Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements. If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. User Accounts
Registration: To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify Carloom Automotive (Pty) Ltd immediately of any unauthorized use of your account. Carloom Automotive (Pty) Ltd will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Dealership Verification: Dealership accounts are subject to a rigorous verification process by Carloom Automotive (Pty) Ltd to ensure legitimacy and adherence to our standards. Carloom Automotive (Pty) Ltd reserves the right to approve or reject any dealership application at its sole discretion.
5. Platform Services
5.1. For Buyers
Vehicle Search & Listings: Buyers can search and browse vehicle listings provided by verified Dealerships. Carloom Automotive (Pty) Ltd strives to ensure the accuracy of listings but does not guarantee the availability, condition, or pricing of any vehicle. All vehicle details are provided by the respective Dealerships.
Concierge Services: Carloom Automotive (Pty) Ltd may offer concierge support to assist Buyers with their vehicle search, inquiries, and connection with Dealerships. This service is intended to facilitate the buying process and does not constitute a guarantee of purchase or specific outcomes.
Inquiries & Communication: Buyers can submit inquiries directly to Dealerships through the Platform. Communication between Buyers and Dealerships should remain professional and respectful.
No Purchase Guarantee: Carloom Automotive (Pty) Ltd facilitates connections; the actual vehicle purchase agreement is solely between the Buyer and the Dealership. Carloom Automotive (Pty) Ltd is not a party to such agreements and assumes no responsibility for their terms or execution.
5.2. For Dealerships
Listing Services: Verified Dealerships may list their vehicle inventory on the Platform in accordance with Carloom Automotive (Pty) Ltd's guidelines.
Lead Generation & Management: Carloom Automotive (Pty) Ltd provides tools and services to generate and manage leads from interested Buyers.
Marketing & Promotion: Carloom Automotive (Pty) Ltd may promote Dealerships and their listings through various digital marketing channels to drive Buyer traffic to the Platform.
Analytics & Insights: Dealerships may receive access to data and analytics related to their listings and Buyer interactions on the Platform.
Compliance: Dealerships are solely responsible for ensuring that their listings, communications, and sales practices comply with all applicable laws, regulations, and industry standards in South Africa.
6. Content
User-Generated Content: You are solely responsible for any Content you upload, publish, display, or transmit on or through the Platform. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Carloom Automotive (Pty) Ltd to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any Content you submit.
License to Carloom Automotive (Pty) Ltd: By submitting Content to the Platform, you grant Carloom Automotive (Pty) Ltd a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform's operation and promotion.
Content Standards: You agree not to post Content that is illegal, offensive, defamatory, infringing, fraudulent, misleading, or violates the rights of any third party. Carloom Automotive (Pty) Ltd reserves the right to remove any Content that violates these Terms or is otherwise objectionable, at its sole discretion.
7. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Using the Platform for any unlawful purpose or in violation of any applicable local, provincial, national, or international law.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Interfering with or disrupting the integrity or performance of the Platform or the data contained therein.
Attempting to gain unauthorized access to the Platform or its related systems or networks.
Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Uploading or transmitting viruses, worms, or any other malicious code.
Collecting or harvesting any personally identifiable information from the Platform without explicit consent.
Using the Platform to advertise or offer to sell goods or services for any commercial purpose, other than as expressly permitted for Dealerships.
8. Disclaimers
THE PLATFORM AND ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CARLOOM AUTOMOTIVE (PTY) LTD DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLOOM AUTOMOTIVE (PTY) LTD MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE PLATFORM.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARLOOM AUTOMOTIVE (PTY) LTD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Carloom Automotive (Pty) Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
11. Third-Party Links and Services
The Platform may contain links to third-party websites or services that are not owned or controlled by Carloom Automotive (Pty) Ltd. Carloom Automotive (Pty) Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Carloom Automotive (Pty) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
12. Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
13. Fees and Payments (For Dealerships)
Dealerships agree to pay all applicable fees for using the Platform's services as outlined in their specific partnership agreement with Carloom Automotive (Pty) Ltd. All fees are non-refundable unless otherwise expressly stated. Carloom Automotive (Pty) Ltd reserves the right to change its fees or billing methods at any time, provided notice is given to Dealerships in advance.
14. Termination
Carloom Automotive (Pty) Ltd may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform or contact Carloom Automotive (Pty) Ltd for assistance.
15. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be held in Johannesburg, South Africa.
16. Changes to Terms
Carloom Automotive (Pty) Ltd reserves the right, at its sole discretion, 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 Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Carloom Automotive (Pty) Ltd
Fourways, South Africa
info@carloom.co.za
www.carloom.co.za