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Terms and Conditions of Use

Nexus Wheels City β€” Effective Date: Immediate

CHAPTER 1

INTRODUCTION, DEFINITIONS & ACCEPTANCE OF THESE TERMS

1. Introduction

Welcome to Nexus Wheels City ("Nexus Wheels City", "we", "our", or "us").

Nexus Wheels City is a South African online automotive marketplace that enables motor dealerships, fleet companies, financial institutions, vehicle traders, automotive businesses and approved private sellers to advertise motor vehicles, automotive products and related services to the public.

The platform has been developed to provide buyers and sellers with an easy-to-use digital marketplace where vehicles may be advertised and viewed by consumers throughout South Africa.

Nexus Wheels City is proudly a Level 1 B-BBEE Black Female-Owned business and is powered by News Nexus SA.

While News Nexus SA provides media, technology, digital infrastructure and marketing support to Nexus Wheels City, it operates as an independent business. News Nexus SA is not a party to any vehicle transaction concluded through this Platform and accepts no responsibility for agreements entered into between buyers and sellers.

These Terms and Conditions govern every person who accesses or uses the Platform, whether as a visitor, buyer, seller, dealership, fleet operator, advertiser, service provider or any other user.

By accessing, browsing, registering an account, advertising a vehicle or otherwise using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by these Terms and Conditions.

If you do not agree to these Terms, you must immediately discontinue use of the Platform.

2. Purpose of these Terms

These Terms and Conditions are intended to:

  • regulate the use of the Platform;
  • protect the rights of all users;
  • establish the responsibilities of buyers and sellers;
  • protect the intellectual property, technology and databases owned or licensed by Nexus Wheels City;
  • maintain a safe and trustworthy online marketplace;
  • promote compliance with South African law; and
  • minimise fraud, abuse and misuse of the Platform.

These Terms form a legally binding agreement between Nexus Wheels City and every person who accesses or uses the Platform.

3. Definitions

For purposes of these Terms and Conditions, the following words shall have the meanings assigned to them below unless the context indicates otherwise.

"Account"

The registered user profile created to access services offered by Nexus Wheels City.

"Advertisement" or "Advert"

Any vehicle listing, promotional content, banner advertisement, sponsored listing, display advertisement, video advertisement or other marketing content displayed on the Platform.

"Affiliate"

Any company, partner or organisation that provides products, services, technology or support to Nexus Wheels City.

"API"

An Application Programming Interface used to exchange authorised information electronically between Nexus Wheels City and approved third-party systems.

"API Key"

Any unique authentication credential, security token, password or digital identifier used to connect authorised systems with the Platform.

"Artificial Intelligence" or "AI"

Any software, automated system, machine learning model, large language model, data training system or other technology capable of processing, analysing or generating information using data obtained from the Platform.

"Buyer"

Any individual, company or organisation browsing, enquiring about or purchasing a vehicle or related product advertised on the Platform.

"Content"

All information appearing on the Platform including but not limited to:

  • text;
  • photographs;
  • graphics;
  • logos;
  • branding;
  • videos;
  • audio;
  • documents;
  • reviews;
  • advertisements;
  • listings;
  • databases;
  • software;
  • source code;
  • page layouts;
  • user interface designs;
  • search results; and
  • digital media.

"Dealer"

Any licensed motor dealership, fleet operator, auction company (where applicable), financial institution or business authorised to advertise vehicles through Nexus Wheels City.

"Dealer Feed"

An automated electronic feed supplied by a dealership or authorised third party for publishing vehicle listings on the Platform.

"Independent Inspection Agent"

A suitably qualified and independent motor vehicle inspection company, engineer or automotive professional appointed solely by the buyer or seller to inspect a vehicle before purchase.

For the avoidance of doubt, Independent Inspection Agents operate entirely independently of Nexus Wheels City. Nexus Wheels City does not appoint, recommend, supervise, certify or accept responsibility for the work, reports, opinions or services of any inspection provider.

"Intellectual Property"

All intellectual property rights including but not limited to:

  • copyright;
  • trademarks;
  • trade names;
  • logos;
  • business names;
  • patents;
  • database rights;
  • designs;
  • software;
  • source code;
  • algorithms;
  • graphics;
  • user interfaces;
  • branding;
  • domain names;
  • know-how;
  • confidential information;
  • proprietary technology; and
  • any other legally recognised intellectual property rights.

"Listing"

Any advertisement for a motor vehicle published on the Platform, including all descriptions, pricing, specifications, photographs, videos and related information.

"Marketplace"

The online digital marketplace operated under the Nexus Wheels City brand.

"Motor Vehicle"

Any passenger vehicle, SUV, bakkie, truck, motorcycle, bus, caravan, trailer, agricultural vehicle, construction equipment or other roadworthy or non-roadworthy vehicle advertised on the Platform.

"News Nexus SA"

The independent South African media and technology company that provides digital infrastructure, media support and technology services to Nexus Wheels City.

News Nexus SA is separate from Nexus Wheels City and is not responsible for transactions conducted through the Platform unless expressly agreed in writing.

"Platform"

The Nexus Wheels City website, mobile website, progressive web application, mobile applications, APIs, software systems, digital infrastructure, future applications and all associated online services.

"POPIA"

The Protection of Personal Information Act 4 of 2013, together with any amendments or replacement legislation.

"Private Seller"

A private individual selling a vehicle in his or her personal capacity and not as part of a motor dealership or commercial business.

"Seller"

Any Dealer, Fleet Company, Financial Institution, Business or Private Seller advertising or offering a vehicle for sale on the Platform.

"Services"

All products, features, advertising opportunities, technology, digital services, dealer integrations, APIs, promotional campaigns and any future services offered by Nexus Wheels City.

"User"

Any individual or organisation accessing or using the Platform for any purpose whatsoever.

"Vehicle Information"

All information relating to a vehicle including specifications, registration information, mileage, pricing, service history, VIN number, photographs, videos and descriptions.

"Website"

The official Nexus Wheels City website, all associated webpages, mobile applications, future applications, APIs and digital services operated under the Nexus Wheels City brand.

4. Interpretation

Unless the context requires otherwise:

  • words importing the singular include the plural and vice versa;
  • words importing one gender include every gender;
  • references to legislation include any amendments or replacement legislation;
  • headings are inserted for convenience only and do not affect interpretation;
  • where the words "including" or "includes" are used, they shall mean "including but not limited to"; and
  • any ambiguity in these Terms shall not be interpreted against Nexus Wheels City merely because these Terms were drafted by or on behalf of Nexus Wheels City.

5. Acceptance of these Terms

By accessing or using the Platform, you confirm that:

  • you have read these Terms and Conditions in full;
  • you understand your legal rights and obligations;
  • you agree to comply with these Terms;
  • you have the legal capacity to enter into this agreement;
  • all information provided by you is true and correct;
  • you will use the Platform only for lawful purposes; and
  • you accept that these Terms constitute a legally binding agreement between you and Nexus Wheels City.

If you do not agree with these Terms, you must immediately stop using the Platform.

6. Changes to these Terms

Nexus Wheels City may amend, update or replace these Terms and Conditions from time to time to reflect changes in legislation, technology, business operations or the services offered.

Updated Terms become effective immediately upon publication on the Platform unless otherwise stated.

Your continued use of the Platform after any amendment constitutes acceptance of the revised Terms and Conditions.

It is your responsibility to review these Terms periodically to ensure that you remain informed of any changes.

CHAPTER 2

ELIGIBILITY, USER ACCOUNTS, DEALER ACCOUNTS & ACCOUNT SECURITY

7. Eligibility to Use the Platform

Nexus Wheels City is intended for lawful use by individuals, businesses and organisations that are legally permitted to buy, sell, advertise or market motor vehicles and related automotive products and services within the Republic of South Africa.

By creating an account or using the Platform, you warrant and represent that:

  • You are at least 18 years of age or have the legal capacity to enter into binding agreements under South African law.
  • You are legally authorised to use the Platform.
  • You will comply with all applicable South African laws and regulations.
  • All information provided to Nexus Wheels City is true, complete and accurate.
  • You are not using another person's identity without their permission.
  • You have not previously been permanently suspended or banned from the Platform, unless we have expressly approved your return in writing.

We reserve the right to refuse access to the Platform or any of our Services where we reasonably believe that a user does not meet these eligibility requirements.

8. Business and Dealer Eligibility

Motor dealerships, fleet operators, banks, finance houses, insurance companies, vehicle remarketing businesses and other commercial advertisers may register for business accounts subject to approval by Nexus Wheels City.

Business users confirm that:

  • they are legally registered to conduct business where applicable;
  • they have the legal authority to advertise the vehicles they list;
  • their advertisements comply with all applicable laws;
  • they hold any licences or approvals required for their business operations;
  • they are responsible for ensuring that their employees, contractors and representatives comply with these Terms and Conditions.

Where requested, Nexus Wheels City may require supporting documentation before approving or maintaining a business account.

9. Private Seller Eligibility

Private sellers may advertise vehicles where permitted by the Platform.

By listing a vehicle as a private seller, you confirm that:

  • the vehicle belongs to you or you have lawful authority to sell it;
  • you are not acting as an unregistered dealer;
  • you are not advertising vehicles on behalf of another person without their authority;
  • you are not using the Platform to conduct an undisclosed commercial vehicle trading business.

Nexus Wheels City reserves the right to reclassify any account that appears to be operating as a commercial dealership.

10. Registration of Accounts

Certain Services require users to create an account.

When registering, you agree to provide accurate and complete information, including where applicable:

  • your full name;
  • company name;
  • contact details;
  • email address;
  • telephone number;
  • business registration information;
  • VAT number (where applicable);
  • dealership information;
  • physical business address;
  • billing information.

You agree to keep this information accurate and up to date at all times.

Failure to do so may result in suspension or termination of your account.

11. Verification of Information

To protect users against fraud and unlawful activity, Nexus Wheels City reserves the right to verify information supplied by any user.

Verification may include, but is not limited to:

  • identity verification;
  • business registration verification;
  • dealership verification;
  • verification of contact information;
  • ownership of vehicles;
  • proof of authority to advertise;
  • verification of banking information where necessary;
  • proof of address;
  • supporting documentation relating to vehicle ownership.

Verification may occur before, during or after registration.

Failure to provide requested documentation within a reasonable time may result in the suspension or removal of your account or listings.

12. Account Security

Users are responsible for maintaining the confidentiality and security of their account credentials.

You agree that you will:

  • choose a secure password;
  • not share your password or login details with any unauthorised person;
  • keep your account information confidential;
  • immediately notify Nexus Wheels City if you suspect unauthorised access;
  • log out after using shared or public computers.

You remain fully responsible for all activities conducted through your account unless proven otherwise.

13. Multiple Accounts

Unless expressly authorised by Nexus Wheels City, users may not create multiple accounts for the purpose of:

  • avoiding account restrictions;
  • bypassing listing limits;
  • manipulating search results;
  • creating misleading advertisements;
  • avoiding suspension;
  • engaging in fraudulent activity.

Accounts created for these purposes may be permanently removed.

14. Account Responsibility

You are solely responsible for:

  • all activity conducted through your account;
  • maintaining accurate account information;
  • the content you upload;
  • communications sent from your account;
  • listings published under your account;
  • payments made through your account;
  • actions taken by anyone using your login credentials.

Nexus Wheels City shall not be liable for losses arising from unauthorised use of your account where such use results from your failure to adequately protect your login credentials.

15. Authorised Representatives

Where an account is created on behalf of a company, dealership or organisation, the person creating the account confirms that they have authority to legally bind that organisation to these Terms and Conditions.

The organisation shall remain responsible for all activity carried out under its account.

16. Dealer Staff Access

Dealerships may authorise employees to manage listings on their behalf.

The dealership remains fully responsible for:

  • employee conduct;
  • listing accuracy;
  • misuse of account access;
  • unauthorised advertisements;
  • API integrations linked to the dealership account.

Employees who leave the dealership should have their access removed immediately.

Failure to properly manage account access remains the responsibility of the dealership.

17. Suspension of Accounts

Nexus Wheels City may suspend any account immediately, with or without notice, where we reasonably believe that:

  • these Terms have been breached;
  • false information has been supplied;
  • fraudulent activity has occurred;
  • illegal activity is suspected;
  • vehicle listings are misleading;
  • payments have been reversed or disputed improperly;
  • account security has been compromised;
  • the Platform, other users or our reputation may be harmed.

Suspension may be temporary or permanent at our sole discretion.

18. Termination of Accounts

Without limiting any other rights available to us, Nexus Wheels City reserves the absolute right to terminate any account, remove listings, disable dealer integrations, revoke API access or permanently prohibit access to the Platform where a user:

  • breaches these Terms and Conditions;
  • repeatedly publishes misleading advertisements;
  • uploads unlawful content;
  • attempts to interfere with the operation or security of the Platform;
  • infringes intellectual property rights;
  • engages in fraud or attempted fraud;
  • abuses our employees, contractors or other users;
  • attempts to scrape or copy Platform data;
  • misuses API access;
  • engages in any conduct that may damage the reputation, systems or commercial interests of Nexus Wheels City.

Termination may occur without prior warning.

No compensation, refund, credit or reimbursement shall be payable following termination arising from a breach of these Terms.

19. Effect of Suspension or Termination

Following suspension or termination:

  • your listings may be removed immediately;
  • your advertisements may cease to appear on the Platform;
  • access to your account may be disabled;
  • dealer feeds may be disconnected;
  • API credentials may be revoked;
  • future registrations may be refused;
  • outstanding amounts owed to Nexus Wheels City shall remain payable.

Termination does not affect any legal rights or remedies available to Nexus Wheels City.

20. Continued Obligations

Any provisions relating to intellectual property, confidentiality, indemnity, limitation of liability, dispute resolution, governing law, anti-scraping, API protection and payment obligations shall continue to apply even after your account has been suspended or terminated.

CHAPTER 3

VEHICLE LISTINGS, SELLER RESPONSIBILITIES & ADVERTISING STANDARDS

21. Purpose of Vehicle Listings

Nexus Wheels City provides an online marketplace where authorised dealers, fleet operators, approved businesses and eligible private sellers may advertise motor vehicles and related automotive products and services.

The publication of a listing on the Platform does not constitute an endorsement, recommendation, certification or guarantee by Nexus Wheels City of the seller, the vehicle or the information contained in the listing.

Each seller remains solely responsible for the accuracy, legality and completeness of every advertisement published under their account.

22. Authority to Advertise

By publishing a listing, the seller warrants that:

  • they are the legal owner of the vehicle; or
  • they have the legal authority to advertise the vehicle on behalf of the owner;
  • they have all necessary permissions to publish the photographs, videos and information contained in the advertisement;
  • they have not knowingly infringed the rights of any third party.

Nexus Wheels City may request documentary proof of ownership or authority at any time.

Failure to provide satisfactory proof may result in immediate removal of the listing.

23. Accuracy of Listings

Every listing must accurately describe the vehicle being advertised.

Information supplied must be truthful, complete and not misleading.

This includes, but is not limited to:

  • make;
  • model;
  • derivative;
  • year model;
  • registration year (where applicable);
  • mileage;
  • engine size;
  • transmission;
  • fuel type;
  • vehicle colour;
  • VIN or chassis information where appropriate;
  • service history;
  • accident history where known;
  • roadworthy status where applicable;
  • optional extras;
  • accessories;
  • selling price;
  • finance availability where applicable.

Sellers must update their listings promptly if any information changes.

24. Vehicle Photographs

Photographs uploaded to the Platform must:

  • clearly depict the actual vehicle being advertised;
  • be recent;
  • accurately represent the vehicle's present condition;
  • not be materially edited in a misleading manner;
  • not conceal damage or defects;
  • not contain offensive, unlawful or inappropriate material;
  • not infringe copyright or intellectual property rights.

Stock photographs may only be used where clearly identified and where permitted by Nexus Wheels City.

We reserve the right to remove photographs that do not meet our standards.

25. Vehicle Videos

Where video uploads are supported, all videos must accurately represent the vehicle being advertised.

Videos may not:

  • contain misleading information;
  • contain offensive language;
  • include unlawful content;
  • infringe copyright;
  • contain misleading pricing;
  • promote unrelated products without approval.

Nexus Wheels City reserves the right to remove or edit videos where necessary.

26. Vehicle Pricing

All advertised prices should be accurate at the time of publication.

Where applicable, sellers should clearly indicate:

  • whether VAT is included;
  • whether licence and registration fees are included;
  • whether administration fees apply;
  • whether finance is subject to approval.

Deliberately misleading pricing practices are strictly prohibited.

This includes:

  • advertising unrealistic prices solely to generate enquiries;
  • hidden mandatory fees;
  • bait advertising;
  • false promotional pricing.

Listings found to contain misleading pricing may be removed immediately.

27. Duplicate Listings

To maintain the quality of the marketplace, duplicate advertisements are not permitted unless expressly authorised.

Duplicate listings include:

  • multiple advertisements for the same vehicle;
  • repeated advertisements using different accounts;
  • repeated advertisements designed to dominate search results;
  • duplicated advertisements with only minor wording changes.

Duplicate listings may be removed without notice.

28. Sold Vehicles

Once a vehicle has been sold, sellers should promptly:

  • mark the vehicle as sold;
  • remove the listing where appropriate; or
  • update the vehicle's availability.

Knowingly advertising vehicles that are no longer available may result in suspension of the listing or account.

29. Vehicles That May Not Be Advertised

The following may not be advertised on the Platform unless expressly approved in writing by Nexus Wheels City:

  • stolen vehicles;
  • cloned vehicles;
  • vehicles with tampered VIN numbers;
  • illegally imported vehicles;
  • vehicles with forged documentation;
  • vehicles involved in criminal investigations where sale is prohibited;
  • vehicles advertised using false ownership information;
  • vehicles with materially altered odometer readings;
  • vehicles advertised in breach of any law or court order.

Any such listing may be removed immediately.

30. Odometer Tampering

Odometer fraud ("clocking") is illegal.

Any seller found to have intentionally misrepresented vehicle mileage or altered an odometer may have:

  • the listing removed immediately;
  • the account suspended or terminated;
  • the matter reported to the appropriate authorities.

Nexus Wheels City reserves the right to cooperate fully with law enforcement investigations.

31. Prohibited Listing Content

Listings may not contain:

  • false statements;
  • defamatory content;
  • offensive language;
  • discriminatory material;
  • hate speech;
  • unlawful content;
  • malware or malicious code;
  • misleading contact information;
  • unrelated advertising;
  • links to competing marketplaces without permission;
  • spam or repetitive keywords designed to manipulate search results.

32. Dealer Responsibilities

Dealers are expected to maintain high professional standards.

Dealers agree to:

  • advertise only vehicles they are authorised to sell;
  • provide accurate descriptions;
  • respond professionally to enquiries;
  • honour advertised pricing where legally required;
  • update sold vehicles promptly;
  • maintain accurate dealership information;
  • comply with applicable consumer protection legislation.

Failure to maintain these standards may result in corrective action.

33. Private Seller Responsibilities

Private sellers must:

  • act honestly;
  • disclose known material defects where reasonably possible;
  • avoid misleading descriptions;
  • advertise only vehicles they are authorised to sell;
  • communicate truthfully with prospective buyers.

Private sellers may not represent themselves as licensed dealerships where this is not the case.

34. Advertising Standards

All advertisements must be lawful, accurate and professionally presented.

Nexus Wheels City reserves the right to:

  • edit formatting;
  • resize photographs;
  • optimise listings for search functionality;
  • correct obvious spelling or formatting errors;
  • reject advertisements that do not meet Platform standards.

Such edits do not transfer responsibility for the accuracy of the listing from the seller to Nexus Wheels City.

35. Listing Approval

Certain advertisements may be reviewed before publication.

Nexus Wheels City may:

  • approve a listing;
  • request amendments;
  • reject a listing;
  • request additional supporting documentation.

Approval of a listing does not constitute verification of the vehicle or seller.

36. Listing Removal

Without limiting any other rights, Nexus Wheels City may remove any listing immediately where we reasonably believe that it:

  • breaches these Terms;
  • contains false information;
  • infringes intellectual property rights;
  • may facilitate fraud;
  • is unlawful;
  • creates a risk to users;
  • damages the integrity or reputation of the Platform.

Listings may be removed with or without prior notice.

37. No Guarantee of Sale

Publication of a listing does not guarantee:

  • enquiries;
  • offers;
  • vehicle sales;
  • financing;
  • advertising performance;
  • search ranking;
  • website traffic;
  • lead generation.

Nexus Wheels City makes no representation regarding the commercial success of any advertisement.

38. Seller Indemnity

Each seller agrees to indemnify and hold harmless Nexus Wheels City, its owners, directors, employees, contractors and affiliates against any claim, complaint, investigation, loss, damage, expense or legal proceedings arising from:

  • inaccurate listings;
  • copyright infringement;
  • false advertising;
  • ownership disputes;
  • consumer complaints;
  • breach of legislation;
  • fraudulent conduct;
  • misleading representations.

This indemnity survives the removal of the listing and the termination of the seller's account.

39. Reservation of Rights

Nexus Wheels City reserves the unrestricted right, at its sole discretion, to:

  • refuse any advertisement;
  • suspend any listing;
  • remove any vehicle;
  • request supporting documentation;
  • limit advertising privileges;
  • terminate advertising rights;
  • investigate suspicious activity;
  • report unlawful conduct to the relevant authorities.

These rights may be exercised without prior notice where Nexus Wheels City reasonably considers it necessary to protect the Platform, its users, its technology, its reputation or the public.

CHAPTER 4

ADVERTISING SERVICES, PAYMENTS, RENEWALS, REFUNDS & COMMERCIAL TERMS

40. Advertising Services

Nexus Wheels City provides a range of advertising and promotional opportunities for motor dealerships, fleet operators, financial institutions, automotive businesses, manufacturers, service providers and approved private sellers.

Advertising services may include, but are not limited to:

  • Vehicle listings;
  • Featured vehicle listings;
  • Homepage advertising;
  • Banner advertising;
  • Sponsored content;
  • Dealership profile pages;
  • Dealer branding opportunities;
  • Video advertising;
  • Digital magazine advertising;
  • Newsletter advertising;
  • Podcast sponsorships;
  • Event promotions;
  • Social media promotions;
  • API and dealer feed integrations;
  • Business directory listings;
  • Promotional campaigns;
  • Future digital products and services introduced by Nexus Wheels City.

Advertising options may change from time to time without prior notice.

41. Advertising Availability

All advertising opportunities are subject to availability.

Nexus Wheels City reserves the right to:

  • accept or decline any advertising request;
  • limit available advertising inventory;
  • rotate advertising positions;
  • introduce new advertising products;
  • discontinue advertising products;
  • prioritise certain advertising placements;
  • remove advertising that no longer complies with these Terms.

Submission of an advertising request does not guarantee acceptance.

42. Advertising Rates

Advertising rates are determined by Nexus Wheels City and may vary depending on:

  • advertising format;
  • campaign duration;
  • advertising placement;
  • promotional periods;
  • campaign objectives;
  • audience reach;
  • available inventory;
  • custom advertising requirements.

Advertising rates are available on request.

For current advertising opportunities, dealer promotions or commercial packages, users should contact Nexus Wheels City directly.

Nexus Wheels City reserves the right to amend advertising rates at any time without prior notice.

Any quotation issued shall remain valid only for the period stated in that quotation.

43. Payments

Unless otherwise agreed in writing:

  • payment must be made in full before advertising commences;
  • all invoices must be settled by their due date;
  • payments must be made using approved payment methods;
  • advertising may be delayed until payment has cleared.

Failure to make payment may result in suspension of advertising services.

44. Outstanding Accounts

Where payment remains outstanding, Nexus Wheels City reserves the right to:

  • suspend advertisements;
  • remove listings;
  • suspend dealer feeds;
  • suspend API integrations;
  • withhold advertising services;
  • refuse future bookings;
  • recover outstanding amounts through legal proceedings.

Any costs reasonably incurred in recovering outstanding amounts may be recovered from the advertiser where permitted by law.

45. Renewal of Advertising

Advertising campaigns may expire after their agreed advertising period.

Unless otherwise agreed:

  • advertising does not automatically renew;
  • advertisers are responsible for arranging any renewal;
  • advertising positions are not guaranteed after expiry;
  • expired advertising may be removed without notice.

Nexus Wheels City may, but is not obliged to, remind advertisers before expiry.

Failure to send a reminder shall not create any liability on the part of Nexus Wheels City.

46. Advertising Material

Advertisers are responsible for ensuring that all advertising material supplied to Nexus Wheels City:

  • is lawful;
  • is accurate;
  • is not misleading;
  • complies with applicable legislation;
  • does not infringe copyright;
  • does not infringe trademarks;
  • does not infringe intellectual property rights;
  • is suitable for publication.

Nexus Wheels City may reject advertising material that does not meet its standards.

47. Advertising Standards

Advertisements must not contain:

  • misleading claims;
  • offensive material;
  • discriminatory content;
  • hate speech;
  • defamatory statements;
  • unlawful products or services;
  • malware;
  • malicious links;
  • unauthorised third-party branding;
  • deceptive pricing.

Advertisements must maintain a professional standard appropriate for a national automotive marketplace.

48. Editorial Discretion

Nexus Wheels City reserves the right, at its sole discretion, to:

  • edit formatting;
  • resize supplied graphics;
  • optimise advertisements for display;
  • refuse publication;
  • remove advertising;
  • relocate advertising placements;
  • request revised artwork.

These actions do not create any obligation to publish advertising material.

49. Cancellation by Advertiser

Where an advertiser chooses to cancel an advertising campaign before publication, Nexus Wheels City may, at its sole discretion, determine whether any credit is appropriate.

Once an advertisement has commenced, cancellation does not entitle the advertiser to any refund, credit or reduction in fees unless otherwise agreed in writing.

50. No Refund Policy

All payments made to Nexus Wheels City are final and non-refundable.

To the fullest extent permitted by South African law, no refunds, credits or reimbursements shall be provided in respect of:

  • advertising fees;
  • listing fees;
  • promotional campaigns;
  • featured listings;
  • dealer advertising;
  • API integration fees;
  • subscription fees;
  • banner advertising;
  • sponsorships;
  • media campaigns;
  • digital marketing services;
  • business directory listings;
  • any other commercial services provided by Nexus Wheels City.

Refunds will not be granted because:

  • a vehicle has been sold before the advertising period ends;
  • the advertiser changes their mind;
  • the advertiser no longer wishes to continue;
  • advertising performance did not meet expectations;
  • fewer enquiries than expected were received;
  • a listing is voluntarily removed;
  • incorrect information was supplied by the advertiser;
  • an account has been suspended or terminated due to a breach of these Terms.

Any exception to this policy shall be entirely at the sole discretion of Nexus Wheels City and shall not establish a precedent for future refunds.

51. Promotions and Special Offers

From time to time, Nexus Wheels City may offer promotional pricing, introductory offers or special advertising campaigns.

Such promotions:

  • are subject to specific terms;
  • may be withdrawn at any time;
  • may be limited in duration;
  • may be limited to selected advertisers;
  • cannot be combined unless expressly stated.

Participation in any promotion does not create a right to receive future promotional pricing.

52. Taxes

Unless expressly stated otherwise:

  • all fees are quoted exclusive of applicable taxes;
  • VAT shall be charged where required by South African law;
  • advertisers remain responsible for any taxes applicable to their transactions.

53. Third-Party Costs

Where advertising requires services provided by third parties, including photographers, designers, developers, media agencies or production companies, such costs remain the responsibility of the advertiser unless otherwise agreed in writing.

54. Failure to Publish

While Nexus Wheels City will use reasonable efforts to publish advertising as agreed, we do not guarantee uninterrupted publication.

Advertising may be delayed, interrupted or removed due to:

  • technical failures;
  • scheduled maintenance;
  • security incidents;
  • force majeure events;
  • legal requirements;
  • system upgrades;
  • circumstances beyond our reasonable control.

Such interruptions shall not automatically entitle an advertiser to a refund or compensation.

55. Commercial Relationship

Nothing contained in these Terms creates:

  • a partnership;
  • a joint venture;
  • an employment relationship;
  • an agency relationship;
  • an exclusive commercial arrangement,

between Nexus Wheels City and any advertiser, dealer or user unless expressly agreed in writing.

56. Right to Refuse Business

Nexus Wheels City reserves the absolute right, at its sole discretion and without obligation to provide reasons, to refuse advertising, decline commercial engagements, reject sponsorships or terminate business relationships where we reasonably believe that:

  • publication may damage the reputation of the Platform;
  • the advertiser has breached these Terms;
  • the proposed advertising is misleading, unlawful or inappropriate;
  • publication may expose Nexus Wheels City or its users to legal, financial or reputational risk.

57. Reservation of Commercial Rights

Nexus Wheels City reserves the unrestricted right to introduce, modify, suspend or discontinue any commercial product, advertising service, pricing structure, promotional offering, subscription model or business initiative at any time.

Nothing contained in these Terms obliges Nexus Wheels City to continue offering any particular commercial product or service.

CHAPTER 5

INTELLECTUAL PROPERTY, DEALER API INTEGRATIONS, WEBSITE SECURITY, DATABASE RIGHTS, ANTI-SCRAPING & ARTIFICIAL INTELLIGENCE

58. Ownership of the Platform

The Nexus Wheels City Platform, including its technology, software, design, functionality and content, is owned by or licensed to Nexus Wheels City and is protected by applicable South African and international intellectual property laws.

Nothing contained in these Terms transfers ownership of any intellectual property rights to any user.

Users are granted only a limited, revocable, non-exclusive and non-transferable right to access and use the Platform for its intended purpose and in accordance with these Terms.

59. Intellectual Property Rights

All intellectual property rights in or relating to the Platform remain the exclusive property of Nexus Wheels City or its licensors.

This includes, but is not limited to:

  • the Nexus Wheels City name;
  • logos;
  • branding;
  • slogans;
  • website design;
  • colour schemes;
  • graphics;
  • icons;
  • page layouts;
  • navigation structure;
  • user interface (UI);
  • user experience (UX);
  • search functionality;
  • software;
  • source code;
  • object code;
  • databases;
  • APIs developed by Nexus Wheels City;
  • business methods;
  • documentation;
  • articles;
  • videos;
  • photographs owned by Nexus Wheels City;
  • digital publications;
  • newsletters;
  • podcasts;
  • mobile applications;
  • Progressive Web Applications (PWAs);
  • future software and technology developed for the Platform.

No ownership rights are transferred by merely using the Platform.

60. Copyright Protection

Unless otherwise indicated, all original content published by Nexus Wheels City is protected by copyright.

You may not, without our prior written permission:

  • reproduce;
  • copy;
  • publish;
  • distribute;
  • modify;
  • translate;
  • adapt;
  • broadcast;
  • commercially exploit;
  • sell;
  • licence;
  • republish;
  • display publicly,

any copyrighted material belonging to Nexus Wheels City except where expressly permitted by law.

Dealer-supplied photographs, logos and branding remain the property of their respective owners. By uploading such content, the uploader confirms they have the right to use it and grants Nexus Wheels City a licence to display it as part of the Platform.

61. Limited Licence to Use the Platform

Subject to these Terms, Nexus Wheels City grants users a limited licence to:

  • browse the Platform;
  • search for vehicles;
  • make enquiries;
  • advertise authorised vehicles;
  • access approved services.

This licence:

  • is non-exclusive;
  • is non-transferable;
  • may not be sublicensed;
  • may be revoked at any time where these Terms are breached.

62. Dealer API Integrations

Nexus Wheels City may permit approved dealers or authorised technology providers to integrate with the Platform through APIs, XML feeds, data feeds or other approved technologies.

Access to these integrations is subject to separate technical requirements and any additional agreements that may apply.

API access remains a privilege and not a right.

Nexus Wheels City may suspend, modify or discontinue API access at any time where reasonably necessary to protect the Platform or its users.

63. API Keys and Credentials

All API credentials issued by Nexus Wheels City, or supplied by dealers for integration with the Platform, are confidential.

Users must:

  • keep API credentials secure;
  • prevent unauthorised disclosure;
  • restrict access to authorised personnel only;
  • immediately notify Nexus Wheels City of any suspected compromise.

API credentials may not be shared, sold, sublicensed or transferred without prior written approval.

64. Prohibited Conduct Relating to APIs

No person may:

  • obtain API credentials without authorisation;
  • copy API keys;
  • expose API credentials publicly;
  • intercept API communications;
  • reverse engineer API integrations;
  • bypass API authentication;
  • interfere with dealer feed synchronisation;
  • manipulate API responses;
  • attempt to gain unauthorised access to dealer systems or Nexus Wheels City systems.

Any attempt to do so constitutes a material breach of these Terms and may result in immediate suspension, termination and legal action.

65. Dealer Data Feeds

Vehicle data supplied by dealers remains subject to any rights held by the dealer.

By supplying a dealer feed, the dealer grants Nexus Wheels City a non-exclusive licence to:

  • display vehicle information;
  • publish vehicle photographs;
  • index vehicle listings;
  • distribute listings across authorised Nexus Wheels City services;
  • promote listings through approved marketing channels.

This licence remains in effect for as long as the dealer authorises publication or until the relevant listings are removed.

66. Database Rights

The compilation, arrangement and organisation of the Nexus Wheels City vehicle database constitute valuable intellectual property.

The database is protected independently of the individual vehicle listings.

No person may extract, reproduce or reuse a substantial part of the database without prior written consent.

Repeated extraction of small portions of the database that collectively amount to substantial reproduction is likewise prohibited.

67. Anti-Scraping Policy

The use of automated technologies to collect information from the Platform is strictly prohibited unless expressly authorised in writing.

Prohibited activities include:

  • web scraping;
  • data scraping;
  • screen scraping;
  • content scraping;
  • database harvesting;
  • automated extraction of vehicle listings;
  • automated downloading of photographs;
  • automated copying of dealer information;
  • scraping search results;
  • scraping contact details;
  • scraping pricing information.

Violation of this clause may result in immediate legal action.

68. Bots, Crawlers and Automated Access

Except for reputable search engines operating within recognised internet standards and any authorised integrations approved by Nexus Wheels City, users may not deploy:

  • bots;
  • spiders;
  • crawlers;
  • indexing software;
  • automated scripts;
  • robotic process automation;
  • automated browser software;
  • artificial browsing tools;
  • bulk downloading software,

to access, monitor or copy any part of the Platform.

Nexus Wheels City reserves the right to block automated traffic where necessary.

69. Artificial Intelligence and Machine Learning

Without the prior written consent of Nexus Wheels City, no person or organisation may use the Platform or its content for:

  • training artificial intelligence systems;
  • training machine learning models;
  • creating datasets;
  • developing language models;
  • automated content generation;
  • image recognition training;
  • pricing model development;
  • data mining;
  • algorithmic analysis for commercial purposes.

This prohibition applies whether the data is collected manually, automatically or through third parties.

70. Website Copying and Cloning

Users may not copy or substantially reproduce:

  • the appearance of the Platform;
  • website layouts;
  • navigation systems;
  • search functionality;
  • category structures;
  • filters;
  • branding elements;
  • design concepts;
  • software functionality;
  • user interface features.

Creating a website or application that substantially imitates Nexus Wheels City's distinctive design or functionality in a manner likely to cause confusion or unfairly exploit our investment is prohibited.

71. Reverse Engineering

Users may not:

  • decompile;
  • disassemble;
  • reverse engineer;
  • decode;
  • analyse source code;
  • attempt to discover proprietary technology;
  • interfere with software security mechanisms.

Except where expressly permitted by applicable law, such conduct is prohibited.

72. Cybersecurity

Users must not:

  • attempt unauthorised access;
  • interfere with servers;
  • introduce malware;
  • transmit viruses;
  • launch denial-of-service attacks;
  • exploit software vulnerabilities;
  • attempt privilege escalation;
  • interfere with Platform security.

Any suspected cybersecurity incident may be investigated and reported to the appropriate authorities.

73. Monitoring and Enforcement

To protect the integrity of the Platform, Nexus Wheels City may monitor:

  • network activity;
  • API usage;
  • account activity;
  • login behaviour;
  • unusual data access;
  • automated traffic;
  • suspicious technical activity.

Monitoring is conducted in accordance with applicable law and our privacy obligations.

74. Takedown and Preservation of Rights

Where Nexus Wheels City reasonably believes that its intellectual property rights, technology, database rights or security have been infringed, it may:

  • remove offending content;
  • suspend or terminate accounts;
  • revoke API access;
  • block IP addresses where lawful and technically appropriate;
  • issue cease-and-desist notices;
  • pursue civil remedies;
  • cooperate with law enforcement agencies;
  • seek urgent court relief where necessary.

Failure to immediately enforce any right does not constitute a waiver of that right.

75. Survival of Intellectual Property Rights

The intellectual property, copyright, database protection, confidentiality, anti-scraping, API protection and related provisions contained in this Chapter shall survive the suspension or termination of any user account and remain enforceable for so long as permitted by applicable law.

CHAPTER 6

BUYER SAFETY, INDEPENDENT VEHICLE INSPECTIONS, FRAUD PREVENTION & SAFE TRADING PRACTICES

76. Our Commitment to Safety

Nexus Wheels City is committed to promoting a safe, transparent and trustworthy online marketplace for buyers, sellers, dealerships and advertisers.

While we strive to maintain high standards across the Platform, Nexus Wheels City is an advertising marketplace and does not inspect, verify, certify or guarantee vehicles, sellers or buyers unless expressly stated in writing.

Users remain responsible for exercising due care and making their own informed decisions before entering into any transaction.

77. Buyer Beware

Purchasing a motor vehicle is a significant financial decision.

Before purchasing any vehicle advertised on Nexus Wheels City, buyers should conduct their own investigations and satisfy themselves that the vehicle and seller meet their expectations.

No buyer should rely solely on:

  • photographs;
  • videos;
  • written descriptions;
  • advertisements;
  • telephone conversations;
  • social media posts;
  • WhatsApp messages; or
  • statements made by a seller.

All information should be independently verified before any money changes hands.

78. Independent Vehicle Inspections

Nexus Wheels City strongly recommends that every buyer appoint an independent vehicle inspection agent before purchasing any vehicle.

An inspection should ideally include:

  • a mechanical inspection;
  • an electrical inspection;
  • a bodywork inspection;
  • paint thickness testing where appropriate;
  • accident damage assessment;
  • chassis inspection;
  • engine and gearbox assessment;
  • suspension and steering inspection;
  • brake inspection;
  • tyre condition;
  • diagnostic scanning using approved equipment where applicable;
  • verification of the VIN or chassis number;
  • confirmation that the vehicle matches its documentation.

An independent inspection may identify defects that are not visible from photographs or during a brief viewing.

79. Independent Inspection Agents

Inspection companies operate entirely independently of Nexus Wheels City.

Nexus Wheels City:

  • does not employ inspection agents;
  • does not appoint inspection companies;
  • does not certify inspection providers;
  • does not supervise inspection companies;
  • does not guarantee inspection reports;
  • does not receive responsibility for inspection outcomes.

Any agreement entered into between a buyer and an inspection company is solely between those parties.

Nexus Wheels City accepts no responsibility or liability for:

  • inspection reports;
  • inspection fees;
  • inspection recommendations;
  • missed defects;
  • inaccurate inspections;
  • negligent inspections;
  • disputes with inspection providers.

80. Verification Before Payment

Before making any payment, buyers are strongly encouraged to:

  • inspect the vehicle personally;
  • verify the seller's identity;
  • compare the VIN or chassis number with the registration documents;
  • confirm the engine number where applicable;
  • confirm that the vehicle has not been reported stolen;
  • determine whether the vehicle is subject to outstanding finance;
  • request available service records;
  • inspect roadworthy documentation where applicable;
  • ensure that all documentation appears genuine.

Where uncertainty exists, buyers should seek professional advice before proceeding.

81. Safe Meetings

Whenever possible, buyers and sellers should meet:

  • during daylight hours;
  • in safe public locations;
  • at reputable dealerships or business premises where applicable;
  • with another trusted person present.

Users should avoid isolated locations or situations that place their personal safety at risk.

82. Payments

Buyers should exercise caution before transferring funds.

Where reasonably possible:

  • avoid paying deposits before inspecting the vehicle;
  • confirm banking details directly with the seller;
  • retain proof of payment;
  • avoid cash transactions involving large amounts;
  • be cautious of requests for urgent payment.

Nexus Wheels City is not responsible for payment arrangements agreed between buyers and sellers.

83. Vehicle Documentation

Before completing a purchase, buyers should carefully examine all available documentation.

This may include:

  • registration certificate;
  • licence documentation;
  • proof of ownership where appropriate;
  • finance settlement documentation;
  • service records;
  • maintenance history;
  • warranty documentation where applicable.

The buyer remains responsible for satisfying themselves that all documentation is authentic.

84. Fraud Awareness

Users should remain alert for possible warning signs of fraud, including but not limited to:

  • unusually low prices;
  • pressure to make immediate payment;
  • refusal to allow inspection;
  • refusal to provide documentation;
  • inconsistent vehicle information;
  • altered photographs;
  • suspicious payment requests;
  • requests to communicate only outside the Platform;
  • false claims regarding ownership.

The presence of one or more warning signs should prompt further investigation before proceeding.

85. No Guarantee by Nexus Wheels City

Nexus Wheels City does not guarantee:

  • that a seller is genuine;
  • that a buyer is genuine;
  • that a vehicle exists;
  • that a vehicle is roadworthy;
  • that a vehicle has not previously been damaged;
  • that a vehicle has not previously been stolen or written off;
  • the accuracy of any inspection;
  • the financial standing of any party;
  • that a transaction will be completed.

Users remain responsible for conducting their own due diligence.

86. Reporting Fraud

Users who suspect fraud, scams or unlawful activity should report the matter to Nexus Wheels City as soon as reasonably possible.

Reports should include, where available:

  • seller details;
  • vehicle details;
  • listing reference;
  • screenshots;
  • supporting documents;
  • communication history.

Reports may be submitted to:

Email: nexuswheelscity@nexuswheels.city

Submission of a report does not guarantee that Nexus Wheels City will remove a listing or take a particular course of action. Each report will be considered on its own merits.

87. Investigations

Where Nexus Wheels City reasonably believes that fraud or unlawful activity may have occurred, we may:

  • request additional information;
  • temporarily suspend listings;
  • suspend user accounts;
  • remove advertisements;
  • suspend API access;
  • request supporting documentation;
  • cooperate with insurers;
  • cooperate with financial institutions;
  • cooperate with law enforcement authorities;
  • preserve relevant records where required by law.

Nothing in this clause obliges Nexus Wheels City to investigate every complaint.

88. No Mediation Obligation

Nexus Wheels City is not obliged to mediate disputes between:

  • buyers and sellers;
  • dealers and customers;
  • inspection companies and buyers;
  • finance providers and consumers;
  • advertisers and users.

Although we may, at our discretion, assist with communication where appropriate, we are under no legal obligation to resolve private disputes.

89. Safe Communication

Users should communicate respectfully and honestly.

The Platform must not be used to:

  • threaten others;
  • harass users;
  • impersonate another person;
  • send misleading communications;
  • solicit confidential information dishonestly;
  • distribute malicious software or harmful links.

Misuse of communication features may result in immediate suspension or termination of the user's account.

90. Personal Information

Users should exercise caution before sharing personal information.

Information such as:

  • identity numbers;
  • banking details;
  • passwords;
  • PINs;
  • one-time passwords (OTPs);
  • confidential financial information,

should only be shared where necessary and through secure methods.

Nexus Wheels City will never ask users to disclose passwords or one-time passwords by email, telephone or messaging services.

91. Consumer Responsibility

Every user acknowledges that they remain responsible for making their own commercial decisions.

The decision to:

  • inspect a vehicle;
  • appoint an inspection company;
  • obtain finance;
  • obtain insurance;
  • negotiate a purchase price;
  • enter into a sale agreement,

rests solely with the buyer and seller.

Nexus Wheels City shall not be responsible for decisions made by users based on information published on the Platform.

92. Limitation of Liability Relating to Transactions

To the fullest extent permitted by South African law, Nexus Wheels City shall not be liable for any loss, damage, expense or claim arising from:

  • the purchase or sale of a vehicle;
  • vehicle defects;
  • undisclosed defects;
  • inaccurate descriptions supplied by sellers;
  • fraudulent transactions;
  • theft;
  • payment disputes;
  • inspection reports;
  • financing arrangements;
  • insurance disputes;
  • title disputes;
  • transfer delays;
  • registration delays;
  • actions or omissions of buyers, sellers or third parties.

93. Reservation of Rights

Where Nexus Wheels City reasonably believes that any user has engaged in fraud, dishonest conduct or conduct that places other users or the Platform at risk, we reserve the right, without prior notice, to:

  • suspend or terminate user accounts;
  • immediately remove vehicle listings;
  • revoke dealer integrations;
  • disable API access;
  • refuse future access to the Platform;
  • preserve records for evidentiary purposes;
  • refer matters to the appropriate authorities where permitted or required by law.

These rights are in addition to any other legal rights or remedies available to Nexus Wheels City.

CHAPTER 7

COMPLIANCE WITH SOUTH AFRICAN LAW, REGULATORY REQUIREMENTS & USER OBLIGATIONS

94. Compliance with South African Law

Nexus Wheels City is operated within the Republic of South Africa and is intended to function in accordance with the laws of South Africa.

Every user of the Platform agrees to comply with all applicable South African legislation, regulations, by-laws, common law principles and lawful directives that apply to their use of the Platform.

By accessing or using Nexus Wheels City, you warrant that your activities on the Platform will at all times be lawful.

95. Users Who Do Not Intend to Comply with South African Law

If you are unwilling or unable to comply with the laws of the Republic of South Africa and these Terms and Conditions, you are not authorised to access or use the Platform.

Should Nexus Wheels City reasonably believe that any user is using the Platform for unlawful purposes or in breach of applicable law, we reserve the right to immediately:

  • suspend or terminate the user's account;
  • remove any listings or advertisements;
  • revoke API access;
  • discontinue any commercial relationship;
  • refuse future access to the Platform;
  • report the matter to the relevant authorities where appropriate.

These actions may be taken with or without prior notice.

96. Compliance with Applicable Legislation

Users agree to comply with all legislation applicable to their activities on the Platform, including, where relevant:

  • the Protection of Personal Information Act, 2013 (POPIA);
  • the Electronic Communications and Transactions Act, 2002 (ECTA);
  • the Consumer Protection Act, 2008 (CPA), where applicable;
  • the Copyright Act;
  • the Trade Marks Act;
  • the Companies Act, where applicable;
  • the National Road Traffic Act and related regulations;
  • any applicable tax legislation;
  • any legislation governing the lawful sale, advertising or ownership of motor vehicles.

Reference to specific legislation does not limit the obligation to comply with any other applicable law.

97. Lawful Use of the Platform

The Platform may only be used for lawful purposes.

Users must not use Nexus Wheels City to:

  • commit fraud;
  • facilitate criminal activity;
  • advertise stolen property;
  • publish false information;
  • infringe intellectual property rights;
  • impersonate another person;
  • distribute malware;
  • interfere with Platform security;
  • violate any applicable legislation.

Any unlawful use constitutes a material breach of these Terms.

98. POPIA Compliance

Nexus Wheels City respects the privacy of users and is committed to processing personal information in accordance with POPIA.

Users who collect or receive personal information from other users through the Platform must also comply with POPIA.

Personal information obtained through the Platform may only be used for lawful purposes connected to the relevant enquiry or transaction and may not be sold, shared or misused without lawful authority.

99. Electronic Communications

By using the Platform, users consent to receiving electronic communications from Nexus Wheels City, including:

  • account notifications;
  • security alerts;
  • listing updates;
  • payment notifications;
  • service announcements;
  • legal notices;
  • policy updates;
  • marketing communications where permitted by law or where consent has been obtained.

Users remain responsible for ensuring that their contact details remain current.

100. Consumer Protection

Where the Consumer Protection Act applies to a transaction, the rights afforded by that legislation remain subject to its provisions.

Nothing in these Terms is intended to unlawfully exclude or limit any right that cannot legally be excluded under applicable South African law.

101. Cooperation with Regulatory Authorities

Nexus Wheels City may cooperate with:

  • the South African Police Service (SAPS);
  • regulatory authorities;
  • courts;
  • government departments;
  • financial institutions;
  • insurers;
  • lawful investigators,

where required or permitted by law.

Such cooperation may include the disclosure of information where legally authorised or required.

102. Reporting Unlawful Conduct

Users are encouraged to report any suspected unlawful activity, fraudulent conduct or misuse of the Platform.

Reports should be submitted promptly and should include any supporting information available.

Nexus Wheels City reserves the right to investigate reports at its discretion.

103. Breach of Law

If a user breaches any applicable law or these Terms and Conditions, Nexus Wheels City may immediately and without prior notice:

  • remove listings;
  • suspend or terminate accounts;
  • revoke API access;
  • suspend dealer feeds;
  • terminate advertising services;
  • preserve evidence;
  • report the matter to the appropriate authorities;
  • pursue any civil or criminal remedies available under applicable law.

No refund, credit or compensation shall be payable where action is taken due to a breach of law or these Terms.

104. No Obligation to Monitor

While Nexus Wheels City may monitor the Platform for compliance and security purposes, we are under no obligation to actively monitor every listing, communication or transaction.

The absence of immediate action does not constitute approval of any conduct or a waiver of our rights.

105. Reservation of Rights

Nexus Wheels City reserves all rights available under contract, statute and common law to protect:

  • its users;
  • its employees;
  • its contractors;
  • its technology;
  • its intellectual property;
  • its commercial interests;
  • its reputation; and
  • the integrity of the Platform.

Failure to exercise any right immediately shall not constitute a waiver of that right.

106. Continued Compliance

Compliance with applicable law is an ongoing obligation.

Users must ensure that their continued use of the Platform remains lawful throughout the duration of their account and any commercial relationship with Nexus Wheels City.

CHAPTER 8

DISPUTES, LIABILITY, INDEMNITY, FORCE MAJEURE, GOVERNING LAW & GENERAL LEGAL PROVISIONS

107. Nature of the Platform

Nexus Wheels City provides an online marketplace that connects buyers, sellers, dealerships, fleet operators, advertisers and other users.

Unless expressly agreed in writing, Nexus Wheels City is not:

  • the owner of vehicles advertised by third parties;
  • the seller of vehicles advertised by third parties;
  • the purchaser of vehicles advertised by users;
  • a motor dealer acting on behalf of third parties;
  • a finance provider;
  • an insurance provider;
  • an inspection company;
  • an escrow agent;
  • a legal adviser; or
  • an agent acting for either the buyer or seller.

Except where Nexus Wheels City expressly enters into a separate written agreement for a specific transaction, all sales are concluded directly between the relevant buyer and seller.

108. Disclaimer of Warranties

The Platform and all Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, Nexus Wheels City does not warrant that:

  • the Platform will always be available;
  • the Platform will operate without interruption;
  • the Platform will always be error-free;
  • all listings are accurate;
  • all photographs accurately represent vehicles;
  • all sellers are legitimate;
  • all buyers are legitimate;
  • vehicles are roadworthy;
  • vehicles are free from defects;
  • vehicles are free from finance;
  • vehicles have not been involved in accidents;
  • vehicles comply with any particular standard or expectation.

Users acknowledge that they use the Platform entirely at their own risk.

109. Limitation of Liability

To the fullest extent permitted by South African law, Nexus Wheels City, its owners, shareholders, directors, employees, contractors, affiliates, licensors and service providers shall not be liable for any direct, indirect, incidental, special, consequential or economic loss arising from or connected with:

  • use of the Platform;
  • inability to access the Platform;
  • vehicle purchases or sales;
  • inaccurate listings;
  • fraud committed by third parties;
  • payment disputes;
  • inspection reports;
  • financing arrangements;
  • insurance products;
  • delays in vehicle transfers;
  • delays in registration;
  • technical failures;
  • loss of business;
  • loss of profits;
  • loss of goodwill;
  • corruption or loss of data;
  • cyber incidents beyond our reasonable control.

Nothing in this clause excludes liability where such exclusion is prohibited by applicable law.

110. User Indemnity

Each user agrees to indemnify, defend and hold harmless Nexus Wheels City, News Nexus SA, their directors, officers, employees, contractors, affiliates and service providers from and against any claim, demand, action, liability, loss, damage, cost or expense (including reasonable legal costs) arising from:

  • the user's breach of these Terms;
  • inaccurate or misleading listings;
  • infringement of intellectual property rights;
  • unlawful conduct;
  • fraudulent activity;
  • misuse of the Platform;
  • disputes with other users;
  • negligence or intentional misconduct by the user.

This indemnity survives termination of the user's account.

111. Third-Party Services

The Platform may contain links to, or integrations with, third-party services including payment providers, mapping services, finance providers, insurers, inspection companies or other external businesses.

These third-party services operate independently of Nexus Wheels City.

We do not control their services, policies or business practices and accept no responsibility for their acts, omissions, products or services.

Users engage with third-party providers at their own risk and subject to the applicable terms of those providers.

112. Force Majeure

Nexus Wheels City shall not be liable for any delay, interruption or failure to perform its obligations where such delay or failure results from events beyond its reasonable control.

These events may include, without limitation:

  • natural disasters;
  • floods;
  • fires;
  • epidemics or pandemics;
  • war;
  • civil unrest;
  • strikes;
  • labour disputes;
  • acts of government;
  • changes in law;
  • power failures;
  • internet outages;
  • cyber-attacks;
  • failures of telecommunications networks;
  • failures of third-party hosting providers; or
  • any other event beyond our reasonable control.

Performance of the affected obligations shall be suspended for the duration of the force majeure event.

113. Notices

Any legal notice required under these Terms shall be provided in writing.

Notices to Nexus Wheels City should be sent to the email address published on the Platform or any updated contact details provided by Nexus Wheels City.

A notice sent electronically shall be deemed received when it enters the recipient's information system, unless the sender receives a delivery failure notification.

114. Electronic Acceptance

By:

  • creating an account;
  • clicking an acceptance button;
  • submitting a listing;
  • purchasing advertising;
  • making payment; or
  • otherwise using the Platform,

the user confirms their acceptance of these Terms and Conditions.

Electronic acceptance shall have the same legal effect as a handwritten signature where recognised under applicable law.

115. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision shall be severed to the minimum extent necessary.

The remaining provisions shall continue in full force and effect.

116. No Waiver

Failure by Nexus Wheels City to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of that provision or right.

Any waiver must be in writing and signed by an authorised representative of Nexus Wheels City.

117. Assignment

Users may not assign, transfer or delegate any rights or obligations arising under these Terms without the prior written consent of Nexus Wheels City.

Nexus Wheels City may assign or transfer its rights and obligations where reasonably required as part of a business restructure, sale, merger or similar transaction, provided that applicable legal obligations continue to be observed.

118. Entire Agreement

These Terms and Conditions, together with any additional policies or agreements expressly incorporated by reference, constitute the entire agreement between Nexus Wheels City and the user relating to the use of the Platform.

They replace all previous understandings, discussions, negotiations and representations relating to the same subject matter.

119. Amendments

Nexus Wheels City reserves the right to amend these Terms and Conditions at any time.

Updated Terms shall become effective upon publication on the Platform, unless a later effective date is specified.

Continued use of the Platform after publication of amended Terms constitutes acceptance of those amendments.

120. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Subject to any mandatory legal rights that may apply, the parties consent to the jurisdiction of the South African courts in relation to any dispute arising from these Terms or the use of the Platform.

121. Reservation of Rights

All rights not expressly granted to users under these Terms are reserved by Nexus Wheels City.

Nothing contained in these Terms shall be interpreted as limiting any rights or remedies available to Nexus Wheels City under statute, common law or equity.

122. Contact Information

For legal notices, compliance matters, advertising enquiries, fraud reports or general assistance, users may contact:

Nexus Wheels City

Email: nexuswheelscity@nexuswheels.city

Additional contact details may be published on the Platform from time to time.

123. Final Acceptance

By accessing or continuing to use Nexus Wheels City, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.

If you do not accept these Terms, you must immediately discontinue use of the Platform.

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