These Terms & Conditions govern a dealership's access to and use of the Khaya Auto dealer platform and related services operated by Techiserve (Pty) Ltd.
By logging in to or using the Khaya Auto Dealer Platform, you confirm that you are authorised to act on behalf of the dealership and agree to these Terms & Conditions.
Please note in particular:
Please read these Terms carefully before continuing to use the Dealer Platform.
Khaya Auto is an online technology platform operated by Techiserve (Pty) Ltd, registration number 2018/529431/07 ("Techiserve", "Khaya Auto", "we", "us" or "our").
Khaya Auto provides digital services that enable authorised motor dealers and other approved users to list, advertise, manage and market motor vehicles and related dealership information.
Unless expressly stated otherwise, Khaya Auto does not own vehicles advertised by dealers, is not the seller of those vehicles and is not a party to the sale agreement concluded between a buyer and a dealer or seller.
You may use the Dealer Platform only if you are legally capable of entering into a binding agreement or are acting for a dealership or other organisation that has authorised you to do so.
If you use Khaya Auto on behalf of a dealership, company or other organisation, you confirm that you have authority to act on behalf of and bind that organisation to these Terms.
By selecting "Login", accessing the Dealer Platform or continuing to use it after these Terms are made available to you, you agree to these Terms on behalf of yourself and, where applicable, the dealership or organisation you represent.
Nothing in these Terms is intended to exclude or restrict any right that cannot lawfully be excluded or restricted under applicable South African law.
Khaya Auto provides technology that facilitates the advertising, management and discovery of motor vehicles.
Except where expressly stated otherwise, Khaya Auto:
Approval to use Khaya Auto means that a dealer has been granted access to the Platform. It must not be interpreted as a guarantee, certification or endorsement by Khaya Auto of every vehicle, representation or transaction conducted by that dealer.
Dealers and authorised dealer users are responsible for:
You must notify Khaya Auto as soon as reasonably possible if you believe that an account or login credential has been compromised.
Khaya Auto may introduce additional authentication or security controls where reasonably required to protect users, data or the Platform.
A dealer or other person submitting a vehicle listing represents and warrants that:
Dealers remain responsible for their own representations, warranties, statutory obligations and contractual obligations to buyers.
Vehicle listings may contain information supplied by dealers, sellers, vehicle-data providers and other third parties. Khaya Auto may implement controls intended to improve listing quality, but cannot independently guarantee every item of information appearing in a listing.
Dealers are responsible for ensuring that vehicle availability, specifications, pricing and other listing information remain current and accurate.
Unless Khaya Auto expressly states otherwise for a particular service, the purchase or sale of a vehicle is concluded directly between the buyer and the relevant dealer or seller.
The relevant dealer or seller is responsible for the vehicle sale, including where applicable:
Khaya Auto is not responsible for a party failing to perform its obligations under a vehicle sale agreement to which Khaya Auto is not a party.
Certain dealer features and services on Khaya Auto are subject to licence, subscription or other platform fees.
For purposes of these Terms, a "Platform Licence Fee" means any recurring or once-off amount payable by a dealer to Techiserve for access to or use of Khaya Auto. It does not refer to any statutory, regulatory or motor-dealer licence that a dealer may separately be required to hold.
The applicable Platform Licence Fee, billing frequency and payment terms will be communicated to the dealer through the dealer's agreement, pricing schedule, invoice, account or other written communication from Techiserve.
Unless otherwise agreed in writing:
Techiserve may change Platform Licence Fees from time to time. Dealers will be given reasonable notice of a material fee change before the changed fee becomes applicable to a subsequent billing period.
If a Platform Licence Fee is not received by its due date, the dealer's account may be marked as overdue.
Techiserve may notify the dealer of the overdue amount by email, through the Platform or using another recorded communication method associated with the dealer's account.
If the overdue amount is not paid within 5 business days after notice, Techiserve may, subject to applicable law:
Suspension for non-payment does not constitute a waiver of the amount owing.
Once all overdue amounts have been paid, Techiserve may restore the dealer's account and listings within a reasonable period, subject to any other outstanding breach, security or compliance issue.
Techiserve will not be liable for loss of enquiries, leads, exposure, sales opportunities or other business arising from a suspension that was lawfully imposed because the dealer failed to pay amounts properly due.
Nothing in this clause permits Techiserve to charge an unlawful penalty, interest, collection charge or other fee.
You may not use Khaya Auto to:
The Khaya Auto platform, software, branding, logos, interface, database structure, design and content created by or on behalf of Khaya Auto are owned by or licensed to Techiserve and are protected by applicable intellectual property laws.
Nothing in these Terms transfers ownership of Khaya Auto's intellectual property to a dealer or user.
Dealers and users may not reproduce, modify, distribute, commercially exploit or create derivative works from Khaya Auto's proprietary material without prior written permission, except where permitted by law.
Dealers and users retain ownership of content that they own and upload to Khaya Auto.
By submitting vehicle photographs, descriptions, logos, dealership information or other content, the dealer grants Techiserve a non-exclusive licence to host, store, reproduce, format, resize, display, distribute and use that content to operate, promote and improve Khaya Auto and the relevant listings.
This licence exists for as long as reasonably required to provide the service, maintain legitimate records or comply with applicable law.
The dealer confirms that it has the necessary rights to grant this licence.
Techiserve processes personal information in accordance with applicable South African data protection legislation, including the Protection of Personal Information Act, 2013 ("POPIA").
Personal information will be processed for specific and lawful purposes connected with the operation, security, support and administration of Khaya Auto and Techiserve's legitimate business activities, subject to applicable law.
Depending on the relevant processing activity, Techiserve may act as a responsible party or as an operator processing information on behalf of another responsible party.
Where a dealer uploads or provides personal information relating to its customers, employees or other persons, the dealer confirms that:
Where Techiserve processes dealer customer information on the dealer's instructions, Techiserve will use that information to provide, secure, support and administer the Platform and for other purposes permitted by law.
Techiserve does not claim ownership of a person's personal information merely because that information is stored on Khaya Auto.
Appropriate technical and organisational measures will be used to protect personal information against loss, unauthorised access, interference, misuse or unlawful processing.
Khaya Auto may send dealers and users operational communications necessary for the provision of the Platform, including account notifications, security alerts, transaction-related messages, billing notices and important service notices.
Marketing communications will be handled separately and in accordance with applicable law. Where consent is required for electronic direct marketing, Khaya Auto will obtain that consent through an appropriate mechanism.
Khaya Auto aims to provide a reliable and secure service, but does not guarantee that the Platform will always be uninterrupted or error-free.
Khaya Auto may temporarily restrict or suspend features where reasonably necessary for maintenance, security, upgrades, technical failures, legal or regulatory requirements, or protection of users and the Platform.
Khaya Auto may integrate with or link to services provided by third parties, including payment providers, banks, credit providers, messaging services, hosting providers, vehicle-data providers and other technology partners. Those services may be governed by their own terms and privacy practices.
Khaya Auto may suspend or restrict an account, listing or service where Techiserve reasonably believes that:
Where immediate action is reasonably necessary to protect users, data, funds, the Platform or another person's rights, Khaya Auto may suspend access immediately while the matter is investigated.
Suspension does not necessarily terminate the dealer's agreement with Khaya Auto.
Failure to pay a Platform Licence Fee or other material amount properly due under the dealer's agreement constitutes a breach of the agreement.
Where payment remains outstanding, Techiserve may give the dealer written notice requiring the breach to be corrected.
If the dealer does not pay the outstanding amount within 20 business days after receiving the written breach notice, Techiserve may, subject to applicable law, terminate the dealer's account and right to use Khaya Auto.
Termination may include:
Termination does not release the dealer from amounts that became due before termination. Techiserve may take reasonable and lawful steps to recover outstanding amounts.
Techiserve may terminate a dealer's access where the dealer commits a material breach and fails to remedy that breach within any notice period required by the agreement or applicable law.
Serious conduct may justify immediate suspension while Techiserve investigates the matter, including:
Where applicable law requires Techiserve to provide notice or an opportunity to remedy a breach before final termination, Techiserve will comply with that requirement.
Repeated late payment, failed payment or suspension for non-payment may be treated as a material commercial breach.
Techiserve may require a dealer with a repeated history of non-payment to:
Techiserve may also elect not to renew the dealer's service or may terminate the relationship in accordance with these Terms and applicable law.
A dealer may request termination of its Khaya Auto service by providing written notice in accordance with its applicable dealer agreement, subscription plan or pricing arrangement.
Termination does not remove the dealer's obligation to pay amounts that became due before the effective termination date.
Unless otherwise required by law or expressly agreed in writing, fees already earned for services already provided are not refundable merely because the dealer subsequently elects to terminate its account.
Following termination:
Termination does not affect rights, obligations or liabilities that arose before the termination date.
Provisions relating to payment obligations, intellectual property, confidentiality, data protection, indemnities, limitation of liability, dispute resolution and other provisions that by their nature are intended to continue will survive termination.
The Platform is provided subject to all rights and protections that users are entitled to under applicable law. Khaya Auto does not exclude or limit liability where doing so would be unlawful.
In particular, nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud, wilful misconduct or gross negligence where applicable.
Subject to the above and to the maximum extent permitted by law, Khaya Auto will not be responsible for losses arising solely from:
Where the law permits limitation of liability, Khaya Auto will not be liable for indirect, special or consequential losses that were not reasonably foreseeable as a result of Khaya Auto's breach.
Nothing in this clause limits statutory rights that cannot lawfully be limited.
To the extent permitted by applicable law, a dealer or commercial listing user agrees to indemnify Techiserve and Khaya Auto against third-party claims, losses or reasonable costs arising directly from:
This indemnity does not apply to the extent that the relevant loss was caused by Techiserve's own unlawful conduct, gross negligence or other liability that may not lawfully be excluded.
If a dealer has a complaint concerning Khaya Auto, it should contact Techiserve first so that the matter can be investigated and, where possible, resolved.
Where a complaint concerns a vehicle transaction, the dealer remains responsible for dealing directly with its customer and complying with its own legal and contractual obligations.
Nothing in these Terms prevents a person from exercising any right to approach a regulator, ombud, tribunal or court where that right exists under applicable law.
These Terms are governed by the laws of the Republic of South Africa.
Subject to any statutory right to use another forum, South African courts with appropriate jurisdiction may determine disputes arising from these Terms or use of Khaya Auto.
Khaya Auto may update these Terms where reasonably necessary, including because of changes to the Platform, new services, legal or regulatory requirements, security requirements or changes to business operations.
The latest version will be published on the Platform together with the date on which it was last updated.
Where a change materially affects a dealer's rights or obligations, Techiserve will take reasonable steps to bring the change to the dealer's attention.
Continued use of the Dealer Platform after updated Terms take effect constitutes acceptance of the updated Terms where permitted by law.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
A failure by Khaya Auto to immediately enforce a provision does not mean that Khaya Auto has waived its rights.
Electronic records relating to use of the Platform may be retained subject to applicable law and Techiserve's privacy practices.
These Terms, together with any written pricing schedule, subscription arrangement, dealer agreement or additional terms expressly applicable to a Khaya Auto service, constitute the agreement governing that service.
Platform: Khaya Auto
Operator: Techiserve (Pty) Ltd
Registration number: 2018/529431/07
Country of registration: Republic of South Africa
Website: www.techiserve.ai
Email: b.essop@techiserve.com
Physical address: 115 Rietfontein Rd, Dunmadeley, Boksburg, 1459
By logging in to or using Khaya Auto, you acknowledge that you have had an opportunity to read and understand these Terms & Conditions and agree to be bound by them where applicable.