Terms and Conditions for Autotude

Last Updated: 31-01-2026

1. Acceptance of Terms

Welcome to Autotude ("Platform," "we," "our," or "us"), an online automobile marketplace operating in South Africa. These Terms and Conditions ("Terms") govern your access to and use of the Autotude website, mobile application, and related services (collectively, the "Services").

By accessing, browsing, registering for an account, or using any part of the Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations of South Africa. If you do not agree to all of these Terms, you must not access or use the Services.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" will refer to that entity.

2. Definitions

• "Buyer" means a User who uses the Platform to search for, enquire about, or purchase Vehicles.

• "Content" means any text, images, videos, audio, data, listings, reviews, or other material posted, uploaded, shared, or distributed on the Platform.

• "Listing" means an advertisement for a Vehicle created by a Seller on the Platform.

• "Seller" means a User who uses the Platform to list and offer Vehicles for sale.

• "User," "you," "your" means any individual or entity that accesses or uses the Services.

• "Vehicle" means any automobile, motorcycle, truck, or other motorized vehicle listed for sale on the Platform.

• "Transaction" means any agreement, sale, or intended sale between a Buyer and a Seller facilitated through the Platform. Autotude is not a party to any Transaction.

3. The Autotude Platform: Nature of Service

3.1. Marketplace, Not a Dealer: Autotude is an online marketplace that connects Buyers and Sellers. We are not a motor vehicle dealer, auctioneer, broker, agent, or fiduciary for any User unless explicitly stated otherwise. We do not own, sell, resell, furnish, provide, manage, or control any Vehicles listed on the Platform.

3.2. No Endorsement or Warranty: We do not endorse any User, Listing, or Vehicle. We do not verify the accuracy of Listings, the condition, quality, safety, or legality of Vehicles, or the ability of Sellers to sell or Buyers to buy. We are not responsible for the conduct of any User, online or offline.

3.3. No Agency: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms between Autotude and any User.

3.4. User Responsibility: All Transactions are conducted at the Users' own risk. It is the sole responsibility of Users to:
* Verify the accuracy of all information in a Listing.
* Inspect the Vehicle (physically or through a qualified inspector) before purchase.
* Check the Vehicle's registration and title status, accident history, and outstanding finance.
* Ensure all legal requirements for the sale and transfer of a Vehicle in South Africa are met.
* Negotiate and agree on the final terms of the sale, including price, payment method, and delivery.

4. User Accounts and Registration

4.1. Eligibility: To use certain Services, you must register for an account. You must be at least 18 years old and have the legal capacity to enter into a binding contract.

4.2. Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4.3. Prohibited Accounts: You may not create an account for anyone other than yourself, or create multiple accounts without our permission. We reserve the right to suspend or terminate accounts that we suspect of fraudulent or misleading activity.

4.4. Account Termination: You may deactivate your account at any time. We reserve the right to suspend, disable, or terminate your account and access to the Services, at our sole discretion, if we believe you have violated these Terms or for any other reason.

5. Listings and Seller Obligations

5.1. Listing Accuracy and Responsibility: Sellers are solely responsible for the accuracy, truthfulness, and completeness of all information, descriptions, photographs, and prices in their Listings. Listings must comply with all applicable laws, including the Consumer Protection Act, 2008 (CPA) where relevant.

5.2. Prohibited Listings: Sellers must not list:
* Vehicles they do not have clear legal title to sell.
* Vehicles that are stolen, illegally imported, or subject to outstanding finance (unless disclosed).
* Vehicles with a fraudulent or tampered odometer reading.
* Vehicles that are not roadworthy or are unsafe.
* "Click-bait" or misleading Listings intended to attract enquiries for a different vehicle.
* Any item that is not a motor vehicle, unless expressly permitted.

5.3. Pricing and Fees: The Seller sets the price. The price listed must be the total selling price, inclusive of VAT (if applicable). Sellers are responsible for any additional fees they may charge. Autotude may charge fees for premium Listing services (e.g., featured ads), which will be clearly disclosed before purchase.

5.4. Responding to Enquiries: Sellers must respond to Buyer enquiries in a timely and professional manner.

5.5. Vehicle History and Documentation: Sellers must, upon reasonable request by a prospective Buyer, provide available documentation such as the vehicle registration certificate, service history, and roadworthy certificate.

6. Buying and Buyer Obligations

6.1. Due Diligence: Buyers are solely responsible for conducting all necessary due diligence before committing to a Transaction. This includes, but is not limited to, verifying the Seller's identity, inspecting the Vehicle, and checking all legal documentation.

6.2. Communication: All communications between Buyers and Sellers should be conducted professionally and lawfully.

6.3. Transaction Agreement: The agreement for sale is solely between the Buyer and Seller. Autotude is not responsible for any disputes arising from that agreement.

7. User Conduct and Prohibited Activities

You agree not to use the Services to:

• Violate any applicable national, provincial, or local law or regulation.

• Infringe upon the intellectual property, privacy, or other rights of any third party or Autotude.

• Post false, misleading, fraudulent, defamatory, or libellous Content.

• Harass, abuse, threaten, or intimidate other Users.

• Use the Platform to send unsolicited advertising or spam.

• Introduce viruses, malware, or any other harmful code.

• Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.

• Interfere with or disrupt the integrity or performance of the Platform.

• Attempt to gain unauthorized access to the Platform, other accounts, or computer systems.

• Circumvent or attempt to circumvent any fees charged by Autotude.

8. Content and Intellectual Property

8.1. Your Content: By posting Content on the Platform, you grant Autotude a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the operation and promotion of the Services.

8.2. Ownership: You retain ownership of the Content you post. However, you warrant that you own or have the necessary rights to post such Content and that it does not violate any third-party rights.

8.3. Platform Intellectual Property: The Autotude name, logo, trademarks, and the Platform's design, text, graphics, and software are owned by or licensed to Autotude and are protected by intellectual property laws. You may not use them without our prior written consent.

9. Fees and Payments

9.1. Free and Paid Services: Basic use of the Platform to browse and create a standard Listing is currently free. We may charge fees for premium services ("Premium Services"). All fees will be displayed clearly before you commit to a purchase.

9.2. Payment: Fees for Premium Services must be paid in advance via the payment methods specified on the Platform (e.g., credit card, EFT).

9.3. Taxes: You are responsible for any applicable taxes (e.g., VAT) associated with your use of paid Services.

9.4. No Refunds: Fees for Premium Services (e.g., featured ad credits) are generally non-refundable, unless required by law or at our sole discretion.

10. Disclaimers and Limitation of Liability

10.1. "As Is" Basis: THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AUTOTUDE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2. Transaction Risks: AUTOTUDE DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF VEHICLES LISTED, THE TRUTH OR ACCURACY OF LISTINGS, OR THE ABILITY OF SELLERS TO SELL OR BUYERS TO PAY. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR INTERACTIONS WITH OTHER USERS OR FROM PARTICIPATION IN A TRANSACTION.

10.3. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW, AUTOTUDE, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
* YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
* ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
* ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
* ANY TRANSACTION OR RELATIONSHIP BETWEEN USERS.

10.4. CPA: Nothing in these Terms is intended to limit any statutory rights you may have as a consumer under the Consumer Protection Act, 2008, which cannot be contracted out of.

11. Indemnification

You agree to indemnify, defend, and hold harmless Autotude, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including any intellectual property or privacy right; or (iv) any claim that your Content caused damage to a third party.

12. Dispute Resolution Between Users

Autotude is not a party to Transactions. Users are encouraged to resolve disputes directly between themselves. If a dispute arises, you agree to release Autotude from any claims, demands, and damages of every kind arising out of or in any way connected with such disputes.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within South Africa to resolve any legal matter arising from these Terms.

14. Amendments to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Contact Information

For questions about these Terms, please contact us at:

Autotude (Pty) Ltd
[Registered Business Address]
Email: enquiry@autotude.co.za
Whatsapp: [Phone Number]

CPA Section 17(1) Notice: This document contains important information about your rights and obligations under the Consumer Protection Act, 2008.