Terms & Conditions

TERMS & CONDITIONS: Zwe Cars was created to be a low cost alternative to larger classified websites, and be an enjoyable experience, but it also has limits and risks that you should understand before participating.

Please help us to keep Zwe Cars an enjoyable and friendly experience. If at any time you see a listing that violates any of Zwe Cars trading rules, please let us know by contacting us through the Zwe Cars “Contact us” page.

The term ‘Zwe Cars ’ or ‘us’ or ‘we’ refers to the owners of the website.

The term ‘user’ refers to the user or viewer of our website.
The term ‘your customer’ or ‘other user’ is anotherZwe Cars customer with whom you are conducting business.
The term ‘Terms and Conditions’ may also be referred to as ‘T&C’s.

ENTERING YOUR DETAILS IN THE LISTING

We advise that you do not place your home address or pictures of your home location in the listing if you are NOT a registered business trader. This option is for trade users that wish to make their business premises known to the public.

Zwe Cars RIGHT OF TERMINATION
You agree that Zwe Cars, in its sole discretion, may terminate any listing or use of the service immediately and without notice if (a) Zwe Cars believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or (b) Any breach in the listing rules or (c) if Zwe Cars believes you have violated or tried to violate the rights of other users, or (d) you are under the age of 18.

By using Zwe Cars Online Services, you are acknowledging that you do so by virtue of what is known as temporary licence provided to you by Zwe Cars , to use the website, which can be removed at any time. The ‘licence’ can be removed for any reason including but without limitation the failure to abide by Zwe Cars Terms and Conditions, Listing Rules or breach of the intellectual property rights in the content of Zwe Cars website.

YOU’RE RIGHT OF TERMINATION
If you wish to terminate your account withZwe Cars then you must contact us by clicking the “Contact us” page. Provided, making your request, whereon any monies due must be paid prior to termination. (Please note that due to spam filtering you should always use our contact form which is covered by captcha).

If either you or Zwe Cars terminate your membership, you will continue to owe Zwe Cars any monies which you owed to us before termination.

CONDUCT OF USE
You as the vendor or purchaser, must be 18 years or older. You will be solely responsible for the contents of your sales descriptions through the Zwe Cars service. You must ensure that your participation in the selling or buying of items does not violate any local, country or international rules, laws or regulations. This means that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation, such as an embargo. You must also own or have legal permission to use any photograph when adding them to the listing.

Zwe Cars will take reasonable steps to ensure that its members do not fall within the above described category, and will exercise the rights of suspension and termination as described in these T&C’s.

You must not send by any means, through the Zwe Cars website any unlawful, libellous, abusive, threatening, harassing, harmful, obscene, vulgar, racist or otherwise objectionable material. You must also not transmit any material including pictures that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Zwe Cars prohibits the use of any internet service to post or send spam to drive visitors to your or any other website hosted on or through the Zwe Cars system, whether or not the messages were originated by you, under your direction of a related or unrelated third party. This will be good grounds for Zwe Cars to terminate your account if found to be prevalent.

Zwe Cars is a traditional classifieds website that does review the advert prior to publication, However Zwe Cars takes no responsibility in the Buyer to Seller involvement other than to advertise the item or items for sale.

Zwe Cars will therefore not be classed under law as the seller. This is due to the fact that Zwe Cars has at no time possession of the items to be sold. We the company are not involved in the physical movement or transfer of any goods, services, or intangible items sold, or the transaction by the buyer and the seller or vendor. The seller or vendor will be deemed as the person/company placing the item for sale on Zwe Cars . If you are a business user, it will be your responsibility to ensure that state legislation is adhered to.

MEMBERSHIP
Zwe Cars classified services are available only to individuals who can form legally binding contracts under civil law. We will require your real contact information on registration. Without limitations, Zwe Cars services are not available to persons under the age of 18 years old.

Zwe Cars – USE
The Zwe Cars website acts as the venue for Zimbabwe based car sellers to conduct sales and for potential customers to buy goods or services that are for sale.

Zwe Cars is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the safety, quality or legality of the items advertised or listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Zwe Cars cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have shown an interest in. In addition, note that there are risks of dealing with unregistered businesses, middlemen, foreign nationals, underage persons or people acting under false pretense.

You as the vendor give us a non-exclusive, royalty-free, irrevocable, worldwide, sub-license able (through multiple tiers) rights to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your the vendor listings. For the purpose of this Zwe Cars Agreement, “User Data” shall mean all information (if any) submitted by you, (the “User“) to Zwe Cars .

Zwe Cars makes no warranty that the website service will fully meet your requirements, or that the service will not be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by sellers or buyers and obtained through the service.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Zwe Cars .

Zwe Cars solely reserves the right to provide other parties with information pertaining to a complaint or statement, written or oral, made against them by you or a third party acting with or without your consent. This will include any law enforcement agency with legal documents, because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users. In addition you release Zwe Cars (our employees, contractors and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.

The user agrees that Zwe Cars shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.

No advice or information, whether oral or written, obtained by any user from Zwe Cars or through or from the service(s) provided by Zwe Cars shall create any warranty not expressly stated herein.

The user agrees that the use of the Zwe Cars service(s) is at user’s sole risk. The service is provided on an “as is” and an “as available” basis.

You the user will reimburse us for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer or cellphone. Administration charges and subsequent court costs will be levied against the user causing the loss.

The website Zwe Cars , shall not, and will not be responsible for any items sold via the website service, for misrepresentations and/or breaches of contract by either buyer and/or seller. Zwe Cars shall not and will not be responsible for the cost of obtaining substitute goods or any losses resulting from any goods obtained or purchased.

Zwe Cars assumes no liability as to the content of any of the listings. The seller / vendor shall reimburse Zwe Cars for all losses Zwe Cars may suffer as a result of the listing.

With regard to item pictures being uploaded onto our system, you will not use any other picture or image other than one that you have full copyright ownership of. If you should use an image such as a Getty or Stock photo images to display your item you must have a fully paid licence for that image. You will be solely responsible for any infringement of copyright including any costs or legal fees resulting in any breach. Zwe Cars, if involved in the case will transfer liability to the user/seller of the said item, and will also claim any damages or legal costs resulting in the breach. We therefore advise you take your own pictures to upload, and not to use anyone else’s work.

Any right to sell items through our service is subject to the correct and accurate free registration process.

CLASSIFIED ADVERTISING RULES – INCLUDING RESTRICTED AND PROHIBITED ITEMS
The right to sell items through The Zwe Cars service is strictly subject to the Zwe Cars Rules.

If any user is found to have broken any of these rules, their account and all their listings will be suspended by Zwe Cars without notice. It is at the discretion of Zwe Cars if the account will be re-opened or not. Further, for serial offences, it will result in a permanent ban being placed on the offending account. Any re-entered duplicate accounts from this same user will also be removed without notice.

DATA STORAGE
Due to the nature of the website we will collect and store personal information. Depending on the services used by you, we may also ask you to submit more specific pieces of identification such as photographic document such as a driver’s licence or a recent utility bill to further authenticate your identity, ownership or address relating to the product.

Data Stored includes information with any discussions, message board chats, feedback, dispute resolutions and correspondence through our websites, plus correspondence sent to us.

All other information from you the user’s interaction with our website, services, content and advertising; this includes any computer and connection information, website statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

Zwe Cars provides personal and business contact information to enable your transaction exchanges to run efficiently. Information provided may include Username ID, contact name, address, email address and other contact address and shipping details, and on some requests, any contact telephone numbers.

Zwe Cars may disclose personal information to comply with any legal requirements such as court orders, in compliance with any relevant laws, and to aid with any investigations and actions permitted in response to any claim(s) that a listing or other content violates the rights of others, as per the conditions of use rules, or to protect personal rights, safety, or properties. Zwe Cars will retain personal information to comply with statutory legal requirements and to ensure where possible a secure and safe online trading environment and employs proactive fraud prevention screening.

All the personal data entered is recorded and stored on our secure servers and database(s).
By accepting the Zwe Cars Terms & Conditions you will consent to our collection, storage, use and restricted disclosure of your personal information as described in this document.

CHANGES TO OUR SERVICE
Zwe Cars maintain and reserve the right to make modifications to pricing at any time; modify or discontinue a service, or any part of a service, if there is a change, such as in the law, or in our operational requirements such as upgrades and new features including old ones. Zwe Cars will not be held liable for any loss you may suffer if we have to modify or cease the service for reasons beyond our control. Where possible we will provide a 30 day notice to all users of the changes. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving any notice. If this is the case we will attempt to inform you as soon as possible either by electronic means or website messages.

If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.

LEGAL DISPUTES
If a dispute arises between you andZwe Cars , we strongly encourage you to firstly contact us directly to seek a resolution by contacting Zwe Cars via the “Contact us” page or in writing.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Zimbabwe. You and Zwe Cars both agree to submit to the non-exclusive jurisdiction of the Zimbabwe Courts.

If a dispute arises between buyer and seller, we strongly encourage you to firstly contact the other party directly to seek a resolution by contacting the seller or buyer through the Zwe Cars customer to vendor messaging system.

You are advised in most circumstance to only buy from registered keepers of vehicles and not to send money before you buy a car.

If you transmit monies or hand over cash you must first view your product and then agree to the product being merchantable.

Zwe Cars s will not cover your court costs in disputes between buyer and seller.

If mediation or arbitration fails and payment is made by an untraceable means then Zwe Cars cannot and will not be able to assist with this dispute.

Payment by means of a payment of an untraceable means, i.e. cash.