- Our agreement with you:
Nubiacom Ltd, a company registered in Zimbabwe, company number 8133/2016, whose registered offices are in Zimbabwe at 17 Phillips Avenue, Belgravia, Harare, and its affiliate (“Moticars”). In this Agreement, “we”, “us” and “our” shall refer to Moticars; “Platform” refers to the Moticars website www.moticars.co.zw.
You (the “Customer”), are the person who enters into this agreement by using the Moticars Platform and/or creating or using an account with us. A customer includes any person who we reasonably assume is acting with authority. In this agreement, “you” shall refer to you as our customer.
The Terms of Use and the Packages apply to all of the Services faciltated by Moticars, whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on our website: www.moticars.co.zw.
This version of the Agreement takes effect from 30 October 2019 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the agreement.
Our relationship with you is also subject to our Privacy Policy which can be found at www.moticars.co.zw
By creating an account and/or using the Moticars Platform to search for and upload vehicles, you will be deemed to have accepted this agreement and will be referred to as a customer of Moticars.
Any software that you download is provided under licence and remains our property or the property of our associates. We may change or update information or features on the platform in accordance with this agreement.
If you are below the age of 18 or are in a jurisdiction restricting the ability to enter into agreements such as this agreement according to a jurisdiction or under such age limit, you may not enter into this agreement or use Moticars services. By entering into this agreement you explicitly state that you have verified in your own jurisdiction that your use of Moticars software and services is allowed.
Your use of this website, Moticars services and any dispute arising out of such use of the website is subject to the laws of Zimbabwe.
- Contact Us
We can be contacted via the following methods:
Address:17 Phillips Avenue, Belgravia, Harare, Zimbabwe.
Email: support@moticars.com.zw
Call: +263 772………..
Social Media: Facebook, Twitter, Instagram
- Definitions:
The definitions and rules of interpretation set out in this clause shall apply in this Agreement:
“Account” means our records of any information which you have supplied to us. This includes your personal information; details of the pre-paid amount and content for adverts you place; and details of your use of the services. An account is created by the customer on our internet page www.moticars.com
“Agreement” means these Terms of Use, Charges and Packages and Price List as may be renewed, modified and/or amended from time to time.
“Business Associates” means organisations and/or individuals that we have explicit agreements with to facilitate the provision of Moticars services.
“Charges” means all sums payable to us for the purchase of Moticars services which we make available to you, as described in the Packages and Price Lists, including any Administration Fees;
“Content” means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services or otherwise, including any information supplied by content providers from time to time for which Moticars has the rights to resell or allows a supplier of such content to provide it via us;
“Intellectual Property” or “IP” means any intellectual property rights anywhere in the world whether registrable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media;
“Package” means the list of prices and charges and any applicable conditions relating to the prices and charges for the provision of the service to customers which may be periodically updated by us;
“Rights” means copyright, trademark and other relevant proprietary and Intellectual Property rights relating to Content;
“Moticars” means a trademark of Nubiacom Ltd, a company established under the laws of Zimbabwe
“Moticars Service” means the access and software offered or distributed by Moticars for internet telephony applications, including without limitation the UI.
“Moticars Software” means the software offered or distributed by Moticars applications, including without limitation the UI, as well as any future programming fixes, updates and upgrades thereof.
“Support” means the Moticars staff and employees allocated to respond and assist customers with any queries and complaints.
“UI”: means the User Interface of the Moticars Software.
“Platform” means the environment that we provide to access Moticars services, including but not limited to the software, UI and background operations.
“Pre-Pay” means Moticars’s range of consumer services available by adding credit to your Account and charged solely through usage;
“Privacy Policy” means the Moticars policy on collecting and processing your personal information which can be found at our Internet page www.moticars.co.zw;
“Service” means any services available for use by you via our Platform, once you have activated an account, including , enabling you to place or view adverts and sell or buy vehicles, as well as any additional services we agree to provide to you where applicable;
“Smartphone” means a mobile telephone with computer features that may enable it to interact with computerized systems, send e-mails, and access the Internet;
“Tablet” means a lightweight, handheld computer, typically employing a touch-sensitive screen rather than a keyboard, with features that may enable it to interact with other computers, networks and access the Internet.
- Customer’s obligations
- You shall give Moticars your correct personal details, including your name ID, and current address, where required when you enter into this Agreement. You shall also notify Moticars of any changes to your personal details without delay by updating them via your account login on our Internet page Moticars.com
- You shall treat as confidential, and store in a safe place, all of your security information including your passwords and any other codes used to access the Services. You shall not give access to your security information to anyone else. Moticars shall not be liable for any loss arising from your failure to keep such information secure.
- You acknowledge and agree to use the Moticars Service solely for lawful purposes.
- Our Rights and Obligations
Waiver
- No failure or delay by Moticars in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by Moticars.
Severability
- Should any provision or provisions of this Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice Moticars’s respective rights and obligations under the Agreement.
- Payments and Charges
The cost of placing an advert on Moticars depends on the package you select and all prices are quoted on Moticars. All prices are inclusive of VAT.
We reserve the right to change our advertising rates at any given time and for any reason but the revised rates shall not apply to the adverts placed with us before publication of the revised rates.
All adverts must be pre-paid before they are published.
Payment for adverts can be made online or by reaching out to our sales team on +263 772……..
Where payment is taken through Auto Trader, we will refer you to a dedicated commerce provider who will take payment. Payment can be made using Ecocash, Telecash, Zipit. Any forms of payment used must be registered in Zimbabwe to be accepted. Whilst every effort is made to ensure the safety of all transactions, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
- Placing an advert
We do not permit the advertising of stolen or written-off vehicles. Once we accept your advert, whilst we cannot give any guarantees regarding timescales, we aim to process and publish adverts supplied online within 24 hours of receipt.
- Adverts placed may appear on all Moticars platforms, including desktop, mobile and tablet, and all social media platforms on which Moticars are active.
- As soon as your advert has been reviewed and accepted for publication, you will receive a confirmation email you explaining that the advert has gone live on Moticars and a unique identification for your advert will be sent to you.
- If your advert is rejected, we will try to contact you explaining why the advert was rejected for publication. You will not incur any charges if we reject the advert prior to publishing. Please note that a contract will only exist between you and us after we have sent you a confirmation email.
- Advert Content
- We are only able to display one advert for each vehicle at a time. If you have two or more vehicles you wish to sell, separate adverts will be placed for each vehicle.
- We expect all vehicles for sale to be accompanied with photographs for use in all adverts. However, we reserve the right not to include a photograph in an advert.
- You are solely responsible for uploading all photographs which form part of your advert unless agreed otherwise by us. We will not be responsible for the quality of any photographs you upload or provide to us.
- Photographs which form part of the adverts may be checked by us to ensure that the content meets our requirements.
- Photographs submitted for the advert placement must not include the following content: pornography, nudity, profanity, violence, drug use, attacks on individuals or groups (including racist, sexist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.
- The photographs you submit for advert placement must not contain individuals that can be personally identified.
- The photographs should only show one vehicle for each advert.
- If the photograph in your advert does not meet our requirements, we reserve the right to remove the relevant photograph from the advert, to not publish the photograph, or to remove the advert entirely from Moticars.
- Intellectual property rights
- Any and all names, trademarks, copyrights, brands and logos of Moticars belong or are licensed to us as Intellectual Property and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy Moticars’s names, trademarks, pictures, brands and logos, or copy any of Moticars’s manuals or documentation.
Last revision date: 30 October 2019