Kupatana Terms & Conditions
Access to the Website is subject to the following terms & conditions
Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you will be deemed to have accepted all of the terms & conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it. Accordingly, please take the time to read through these terms & conditions before continuing to use the Website. If you do not agree to obey these terms & conditions you must stop using the Website immediately.
We reserve the right to alter these terms & conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms & conditions.
In these terms & conditions:
"we/us/our" means AfriEuro Digital Ventures Limited trading as Kupatana, a private company incorporated in the United Republic of Tanzania with limited liability, and where applicable our associated companies;
"Website" means this website including all aspects, facilities and services of any nature whatsoever related thereto;
"you"/"your" means the user of the Website including users who have registered with us and where applicable, advertisers.
________________________________________
1. Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice from time to time, we may restrict access to some parts of the Website, or the entire website, whenever there is a need to do so. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
________________________________________
2. Content
You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of items to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the item in question.
The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors. However, our team will act promptly to rectify the said inaccuracies.
The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.
We give no warranties, conditions, guarantees or representations, expressed or implied, as to:
• The completeness or accuracy of information or any advice that may be contained on the Website or any website to which it is linked;
• The content of the advertisements for items appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such items;
• The completeness of the results of any search conducted on the Website or that the items revealed by such search are the only items on our database which might meet the requirements of your search.
________________________________________
3. Contractual issues
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
________________________________________
4. Liability
The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors, and third parties connected to us hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statute;
2. Any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
• Our failure to fulfil any of our obligations in terms hereof;
• The Website or resulting from the use, the inability to use, the Website;
• The search results obtained from the Website;
• Any websites linked to the Website and any material posted on it.
We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
As part of its user offering Kupatana offers a valuation service which is based and reliant for effectiveness on the accuracy of your input about any given item. It relies on recorded selling prices over the past 12 months for that item specification to help guide you to a more realistic value for your item. The service is not intended to be definitive of the item’s value, the determination of which remains entirely in your discretion. It is intended to assist you as a reliable guide only. As such, Kupatana accepts no liability whatsoever for any loss or harm you may allege to have suffered in consequence of using the service to sell your item.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms & conditions caused by matters beyond our reasonable control.
We publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics and similar information on our business and area of trade, competitors and related parties for your edification. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.
________________________________________
5. Intellectual Property
All intellectual property including trade marks, names and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms & conditions in any way confers on you any licence or right under any trade marks, names or logos.
All rights, including copyright, in the content of the Website and the photographs of any items displayed on the Website from time to time and all rights in our database of items, are owned and/or controlled by us.
Except as expressly permitted by these terms & conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without our express written permission.
Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby fully assigned to us.
________________________________________
6. Links to other websites
The Website contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
________________________________________
7. Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.
________________________________________
8. Registration details
To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.
You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username which we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
________________________________________
9. Security
We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.
________________________________________
10. General
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms & conditions to a third party.
You may not without our prior written consent, assign or dispose of any rights or obligations arising under these terms & conditions. We may revise these terms & conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes we make, as they are binding on you. Some provisions contained in these terms & conditions may also be superseded by provisions or notices published elsewhere on the Website.
If any of the provisions of the terms & conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms & conditions together with our privacy policy contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
The laws of the United Republic of Tanzania will apply in respect of any legal issue or litigation arising directly or indirectly from the terms & conditions; the use or inability to use the Website and or information contained on the Website.
________________________________________
11. Communication / Data
Please refer to our privacy policy for further information.
________________________________________
12. EC Act Disclosures
Access to the website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:
• Our full name and legal status: AfriEuro Digital Ventures Limited t/a Kupatana
• Registration number: 153473641
• TIN: 153-473-641
• Street address: Unit 31, 1st Floor, Viva Towers, Ali Hassan Mwinyi road, Upanga East, Dar Es Salaam
• Main Business: Online Advertising/Marketing
• Website address: https://www.Kupatana.com
• Official email address: [email protected]
• Governing terms of use: These terms including our privacy policy
• Management:
The board members of AfriEuro Digital Ventures Limited t/a Kupatana as determined from time to time
• Costs associated with the access to and use of the service: No cost associated with accessing the service
• Dispute resolution: No specific dispute resolution process
• Complaints process: If you have any complaints or would like more information please e-mail customer service
________________________________________
Advertising Terms & Conditions
Advertisements placed on the Website will also appear on the Kupatana mobile Internet service.
By placing an advertisement with us, you are deemed to have read and accepted these Conditions. These Conditions and the contract to which they form part shall be governed by Tanzanian law.
________________________________________
1. Non Transferable
You may not assign or transfer any or all of your rights and/or obligations arising from these Conditions without our prior written consent.
________________________________________
2. Multiple Advertisements
• We are only able to display one advertisement per item at any one time on the Website.
• If you order a subsequent placement of the advertisement which is already advertised on the Website, then the subsequent advertisement will replace the previous advertisement for that item.
• The time period for the first advertisement will automatically expire when it is replaced by the subsequent advertisement.
• We will not be liable to reimburse you, should the first advertisement not be displayed for the duration of the period for which payment was made.
________________________________________
3. Payment
• All premium advertisements must be fully paid for, prior to publication, at the advertising rates specified by us at that time. We shall not be under any obligation to publish any advertisement that has not been paid for in advance.
• Payment for advertisements can be done online through our Website or through our offline sales team by phoning.
• Where payment is made online through our Website, you will be directed to a dedicated payment gateway provider who will take payment via a secure server (SSL) connection ensuring the safety of your online payment. Payment can be made using Visa, MasterCard or Mobile phone wallet. Whilst every effort is made to ensure the safety of your card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the online secure payment mechanism.
• We shall have the right to change our advertising rates at any time. Such revised advertising rates shall apply to any advertisement placed with us after publication of the revised advertising rates.
________________________________________
4. Processing Your Advertisement
• Only one item may be featured in an advertisement.
• We aim to process advertisements supplied online or to our sales team within 24 hours of receipt and placements of these advertisements on the Website the following working day.
• As soon as an advertisement has been approved, a confirmation email will be sent to you confirming that the advertisement has gone live onto the Website. In the event that an advertisement has been rejected, we will attempt to send an email to you providing details why your advertisement has been rejected.
________________________________________
5. Warranties
You warrant that;
• all information and materials provided to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with all current relevant legislation;
• the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights; nor render AfriEuro Digital Ventures Limited to any proceedings, and/or be detrimental to the reputation of AfriEuro Digital Ventures Limited;
• In respect of any advertisement which contains a copy or photographs or video by which any living person is or can be identified, you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time).
We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which:
• You fail to comply or we suspect that you are not complying with the provisions of clause 5.a; and/or
• any competent law enforcement or compliance authority instructs, advises or makes a recommendation or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.
________________________________________
6. Intellectual Property Rights
• All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights [whether registered or not]) ("IPRs") in any publication, copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.
• Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us to protect and enforce them. In respect of any materials other than that referred to in above, which you supply to us ("Materials").
• You grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.
• You shall at all times indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party's IPRs.
________________________________________
7. Our Rights and Obligations
• We shall provide the service with reasonable care and skill in a professional and timely manner and the advertisement shall be designed in accordance with the agreed specification.
• Where your advertisement is to appear on the Website, you acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to the Website.
• We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us as a result of an untrue statement or inaccurate information, photograph or video.
• We reserve the right to refuse publication of an advertisement without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an advertisement at our sole discretion. Where possible, we will attempt to inform you of any such changes.
• We may at any time vary the technical specifications of the Website (or any part thereof) for operational reasons.
• We may at any time remove any or all of the material and/or statements appearing in the advertisement from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.
• In the event that we do not accept an advertisement, we will, if possible, inform you accordingly. Further, no contract will be deemed to exist between you and us until such time as the advertisement has been accepted for posting on the Website and payment is made where applicable.
• From time to time we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.
________________________________________
8. Media Files and Photographs
• Media files and/or photographs may be checked by us to ensure that the content meets the requirements as set out in these Conditions.
• If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous, we reserve the right to remove it from the Website.
• Media files and photographs should only advertise one item.
________________________________________
9. Amendments
• Any amendments to your advertisement, can be done via the online edit functionality or by contacting Customer Services on 0860 60 50 50.
• If you are experiencing any difficulties in relation to amendments or you wish to enquire whether changes can be made, please contact Customer Services on 0860 60 50 50 during business hours and as displayed on the Website or email your enquiry to customer service providing your advertisement reference number, item registration number or postcode.
________________________________________
10. Cancellation and Refunds
All advertisements will be processed immediately and payments are non-refundable once the advertisement appears on the Website. Please note that advertisements may take up to 24 hours to appear on the Website.
________________________________________
11. Liability
• We shall not be liable to you for any
o consequential, indirect or special loss or damage;
o loss of goodwill or reputation;
o loss of business and/or opportunity;
o loss of profits;
o loss of revenue; and/or
o economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise
arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.
• Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the advertising rates paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.
• In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the advertisement, refund you or adjust the advertising rates. No refund, amendment or adjustment to the advertising rates will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by you.
• We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).
________________________________________
12. Data Protection
Please refer to our privacy policy for further information.
________________________________________
13. General
• These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.
• If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
• We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.
• We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on the Website shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.
• The agreement which incorporates these Conditions shall be governed by and construed in accordance with Tanzanian Law and the parties irrevocably submit to the exclusive jurisdiction of the Tanzanian Courts.
________________________________________
14. Dealer Advertising
• In addition to the above and with specific reference to dealer advertising, such dealer hereby agrees to have complied with the Business Advertisement Disclosure Order 1977 which came into effect on 1 January 1978.
• Such order requires that all advertisements by people who seek to sell goods in the course of business, shall make such fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person in the course of whose business goods are to be sold. Customers should be able to tell whether an advertisement relates to a sale by a dealer or private seller. Non compliance therewith is an offence.
• It is your responsibility to ensure that, where applicable, your advertisement states that you are a dealer. Hence, the placing of an order for dealer advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency's order shall be void in so far as they are in conflict with these Conditions.
________________________________________
15. Trade Online Advertisements ("TOLA")
• You have the option of purchasing advertising space from us online and of paying for same online by accessing our website and utilising the self serve channel.
• Payments can be made using credit card or by direct electronic funds transfer ("EFT").
• Use of TOLA is subject to all of the terms & conditions contained herein as and where applicable including also our right;
o to refuse and/or withdraw any advertisement tendered or placed at your instance at any time in our sole unfettered discretion;
o to refuse the placement of any advertisement from you in circumstances where you have not honoured any of your obligations to ourselves and/or effected payment to us of monies due;
o to remove this facility known as TOLA from our website entirely;
o to modify, include or change in any way any aspect of TOLA including pricing, delivery time, deadlines and the like within our sole unfettered discretion.
• To place advertisements through TOLA, payment has to be made upfront via credit card or EFT prior to the deadline cut off date which is each and every Monday before 13h00 on the self serve channel.
• No adverts will be placed through TOLA unless prior payment has been made.
________________________________________
16. Certified Used Items
You shall have no claim of any nature whatsoever against Kupatana arising (either directly or indirectly) from using Kupatana’s Approved Certified Used Item Product or any derivation or facility linked thereto.
________________________________________
17. Sell It For Me (SIFM)
• Advert duration for Lite (35 Days) Premium (60 Days)
• Funds need to reflect in our account before the advert will be made active.
• No refunds will be given once the advertisement is active on the website.
• Please note that advertisements may take up to 24 hours to appear on the website.
• SIFM Premium - Our partner “Best Price For My Car” will add R7000 overhead cost on top of the selling price you would not have to pay them to handle the complete the entire sale of your item.
• It is a requirement that all items between the year models 2010 - 2015 have a valid Motor Warranty in order for your item to qualify for the process with our partner (Best Price for my Car)
• The Kupatana Valuation service is based on your input about the item and selling prices over the past 12 months for that item specification to help guide you to a realistic market value for your car. Kupatana does not accept any liability or loss experienced as a result of the values displayed, used or not used for pricing your item.
• Kupatana Sell it for me premium is only available in Gauteng, Western Cape & KwaZulu-Natal.
• Kupatana shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”). Please refer to our privacy policy
________________________________________
Instant Offer Terms & Conditions
Introduction
Kupatana is partnering with its trusted dealer network in respect of the provision of the Instant Offer Service ("Service") which will be made available through Kupatana’s platforms ("the Platform").
The Service will be fulfilled by an Kupatana Buying Partner and your legal as well as contractual relationship in respect of the Service shall be with an Kupatana Buying Partner only.
These standard terms and conditions ("Conditions") set out the contract terms between you and the Kupatana Buying Partner and will be binding on all users of the Service.
Definitions
In these Conditions the following terms will have the meanings set out below unless the context otherwise requires:
• “Kupatana” means Homefind24 (Pty) Ltd trading as Kupatana, Registration Number 2008/019235/07, a company duly registered and incorporated with limited liability in accordance with the company laws of Tanzania having its principal place of business at 154 Bram Fischer Road, Ferndale, Randburg, Johannesburg;
• “Kupatana Buying Partner” means the “ATBP”, being the person (natural or juristic) who makes an Offer for Items on the Kupatana Instant Offer platform and/or purchases the Item from a Private Seller introduced by Kupatana;
• “Implied Warranties” means the Implied Warranties recorded in clause 1.2 below in respect of the item, all of which Implied Warranties are an important and significant aspect of this Instant Offer Service ;
• “Item Upload Form “ means the online form you complete on the Platform in order to provide the details of the Item to generate an Instant Offer;
• “Sale Agreement” means the contract between you and the ATBP for the purchase of the Item which incorporates these Conditions;
• Final Offer” means the valuation and terms of offer we provide to you including the Purchase Price in accordance with clause 5.1 which may be amended subject to the findings of the Inspection;
• “Inspection” means the inspection of the Item carried out by the ATBP representative/s accompanied by Kupatana (where necessary) giving rise to the presentation of the Final Offer in accordance with clause 4.1;
• “Outstanding Finance” means in respect of the Item any outstanding finance amount (or settlement figure) owed to the applicable financial institution or credit provider on a financed item at the specific point in time.
• “Purchase Price” means the price for the Item contained in the Final Offer;
• “Roadworthy” means that a Item complies with all legislation in force from time to time to ensure that Items do not cause a danger on the roads and highways (including, without limitation, any regulations as to brakes, steering, gears, tyres, lighting equipment or any other such matter);
• “Instant Offer Valuation” means the valuation we provide to you in accordance with clause 1.4 subject to the Implied Warranties, and the Item Upload Form having been completed in accordance with these Conditions;
• “Item” means the item which is the subject of the Inspection, the Final Offer and the Sale Agreement;
• “Item Documentation” means all sets of keys, any service history documentation, Natis Document confirming you as the registered owner of the Item, any manuals and any other documentation you have in relation to the Item.
________________________________________
1. Instant Offer Valuation
1. The Service is provided free of charge and you are under no obligation to sell the Item to the ATBP following an Instant Offer Valuation and/or Final Offer.
2. The Instant Offer Valuation is made on the basis of Implied Warranties. You are requested to note and understand that the Instant Offer Valuation and/or Final Offer is made on, without limitation, the below mentioned Implied Warranties:
1. you are the lawful owner of the Item and have unencumbered right and title to sell the Item;
2. you have been the owner duly registered as such of the Item for a minimum of 3 months prior to you seeking an Instant Offer;
3. the Item has no latent defects, meaning, without limitation, missing parts, mechanical and/or electrical defects, including exterior and/or interior;
4. the Item has never :-
1. been declared a write-off by any insurer of the Item;
2. sustained material damage in consequence of an accident or otherwise; and
3. been the subject of an insurance claim for damage in excess of R20 000,00.
5. the Item has not been stolen and recovered;
6. you are able to provide accurate and truthful evidence of a service history for the Item;
7. the Item has an accurate odometer reading;
8. the Item is registered in the United Republic of Tanzania and has not been imported;
9. the Item has not been tampered with in any way and is as per the original factory specifications without having received engine, bodywork or other non-maintenance modifications; and
10. the Item's paintwork is as per the original factory finish and has not otherwise been modified.
3. In order for us to provide you with an Instant Offer Valuation for the Item you must complete the Item Upload Form. You confirm that the information provided by you in the Item Upload Form is true, accurate and complete.
4. Once you have completed the Item Upload Form you will receive an email confirming all your details and a consultant will explain the next steps.
5. The Instant Offer Valuation and/or Final offer is based on the Implied Warranties and the information provided to us in the Item Upload Form. Subject to clause 1.6 below, the Instant Offer Valuation is valid for 24 Hours, whereafter it is deemed withdrawn.
6. We reserve the right to change the Instant Offer Valuation and/or Final Offer or withdraw same in the event of either (without limitation) :-
1. the results or findings of a subsequent telephone / electronic appraisal questionnaire;
2. inspection of the Item or item history checks;
3. if the information provided to us by you in the Item Upload Form or otherwise is in any way untrue, inaccurate or incomplete;
4. if any of the Implied Warranties as set out in clause 1.2 are incorrect.
7. The Instant Offer Valuation is provided strictly on a 'subject to the terms of contract' basis and either we and/or the ATBP have the absolute right to withdraw the Valuation and/or Final Offer prior to the Contract of Sale being concluded
8. The Instant Offer Valuation does not constitute an offer from us to purchase your Item in itself (the Final Offer does) and we are under no obligation to purchase your Item.
2. Excluded Items
1. In certain circumstances if we are unable to provide you with an Instant Offer Valuation, we suggest that you contact our Kupatana’s Customer Service on 0860 60 50 50 or E-mail customer service . You acknowledge and accept that the following categories of Items are excluded from the Service:
1. Trucks, bikes and any other non-car Item;
3. Excluded Territories
1. There are certain locations, suburbs and geographies in which we are unable to provide the Service.
2. Please use the current location or suburb entry field to identify if your area is eligible.
3. Due to the changing government advice around Covid 19, appointments may not be offered or cancelled at short notice.
4. Item Inspection
1. Before issuing our Final Offer we will check the Item Documentation and conduct a physical Inspection of the Item in order to confirm and verify the Implied Warranties and the details you provided to us in the Item Upload Form and any subsequent telephone / electronic questionnaire.
2. The confirmation email we send you will contain a confirmed booking with the date and time for us to conduct the Inspection at the address where the Item is located (subject to availability of the Service at the address).
3. At the scheduled Inspection you must present proof and confirmation to our satisfaction of your bank account showing at least your account number and branch code, driving licence, Passport or ID document, Nati s Document (Original or Copy) and proof of Outstanding Finance if the Item is still under finance. If any of these documents are missing we will not be able to continue with the Inspection.
4. If we decide to withdraw or change the Final Offer as a result of the Inspection, this will be communicated to you at the time of inspection. You are under no obligation to sell the Item to us following a revised Instant Offer Valuation and/or Final Offer.
5. During the Inspection, the Item may undergo mechanical examination and/or test driving. You must ensure that the Item has an up-to-date and legally valid licence disc, is roadworthy and is driveable before we test drive the Item.
6. We accept no liability for any delay or failure to conduct the Inspection arising due to any unforeseen circumstances or in the event that such delay arises due to circumstances beyond our reasonable control.
5. Item Purchase
1. On completion of the Item Inspection we will provide you with an on-site Final Offer, subject to the terms and conditions contained herein.
2. To be clear, the Final Offer will be made to you by the ATBP with whom you will contract on acceptance.
3. The Final Offer is deemed accepted by you at the point when you sign the Sale Agreement.
4. Once you have signed the Sale Agreement the ATBP will immediately pay you the Purchase Price (provided that all applicable banking facilities are operable) by way of a secure online bank transfer confirmation of which will be sent to you by email. Payment will be made using the payment information and bank account details provided by you to us following your acceptance of the Final Offer.
5. Ownership, title and risk in and to the Item passes from you to the ATBP on payment. However, until such time as payment has been received by you, you remain the owner of the Item and as such you bear the risk and are responsible to procure adequate insurance cover for the Item.
6. The ATBP will make the most reasonably appropriate arrangements to take delivery of the Item promptly. During this time, you agree not to drive the Item.
7. You are under no obligation to sell the Item to us following a Final Offer. If you do not accept the Final Offer it will be deemed to be immediately withdrawn. If you subsequently change your mind once our representative has left the address where the Inspection took place, we will need to carry out another Inspection before making another Final Offer to confirm that none of the factors specified in clause 4 have changed.
6. Item Handover
1. At the time the Sale Agreement is signed and accepted, you agree to provide us immediately with:
1. the Item Documentation; and
2. any accessories that should be present with the Item.
2. You agree to remove any personal possessions from the Item and reset any devices on which personal details or information is stored. We will not be responsible for any personal items in the Item once the Item is in the possession of the ATBP.
3. In the event that you fail to comply with any of the handover requirements set out in clause 6.1 we reserve the right to withdraw the Final Offer.
7. Outstanding Finance
1. You agree to inform us if the Item is subject to any Outstanding Finance.
2. As part of the Final Offer the ATBP will settle any Outstanding Finance sum on the Item in circumstances where the Outstanding Finance sum is less than or the same as the amount of the Purchase Price.
3. If the total owing in respect of the Item to the financier is more than the Purchase Price we will not purchase the Item unless a specific agreement is concluded with you in terms of which we are satisfied that you have or will settle any Outstanding Finance amount greater than the Purchase price.
4. You are entirely responsible for the accuracy of any and all Outstanding Finance amounts provided to the ATBP in the above circumstances.
5. You will need to provide the ATBP with proof (to the satisfaction of the ATPB) of any Outstanding Finance sum owed to the financier or grant the ATPB authority to discuss your finance with your financier.
8. No Liability
1. Kupatana will not be liable for any harm or damage caused either to you and/or the ATBP in consequence, directly or indirectly, of your engagement in any way with the Platform and/or the provision of the Service. The ATBP will not be liable for any harm or damage caused to you, either directly or indirectly, in consequence of your engagement in any way with the Platform, your utilisation of the Service and your sale of the Item, unless such harm or damage is caused by:-
1. a deliberate act or omission by the ATBP; and/or
2. a fraudulent or criminal act on the part of the ATBP
2. The Seller indemnifies Kupatana against any claim of whatsoever nature made against Kupatana by any third party arising from the financing of the item, the use of the Platform, provision of the service or sale of the Item.
3. We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).
9. General
1. These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.
2. If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
3. We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on the Website shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.
4. The agreement which incorporates these Conditions shall be governed by and construed in accordance with Tanzanian Law and the parties irrevocably submit to the exclusive jurisdiction of the Tanzanian Courts.
10. Data Protection
Please refer to our privacy policy for further information.
