Terms of Service

1. About AutoYard

AutoYard is a private vehicle auction platform that connects private car sellers with verified motor dealers. The Platform is owned and operated by WeMakeSites (Pty) Ltd. AutoYard facilitates introductions and provides tools for sellers to receive offers from dealers — it does not buy, sell, or take ownership of any vehicle.

2. Eligibility

• You must be at least 18 years old and legally capable of entering into binding agreements under South African law.
• Sellers must be the legal owner of the vehicle they list, or have written authorisation from the legal owner to sell on their behalf.
• Dealers must hold valid motor dealer licences and comply with all applicable industry regulations.
• We reserve the right to refuse or revoke access to any person or entity at our sole discretion.

3. Platform Role and Limitations

AutoYard is an intermediary platform only. We are not a party to any transaction between sellers and dealers.

• We do not guarantee the sale of any vehicle, nor any minimum price, number of bids, or specific outcome.
• We do not inspect, certify, warrant, or guarantee the condition, legality, roadworthiness, history, or title of any vehicle listed on the Platform.
• We do not verify the accuracy of information provided by sellers or dealers beyond our standard onboarding processes.
• Dealer “verification” on the Platform means the dealer has completed our application process. It does not constitute an endorsement, recommendation, or guarantee of the dealer’s reliability, financial standing, or trustworthiness.
• Any transaction between a seller and a dealer is solely between those parties. AutoYard and WeMakeSites accept no responsibility for the performance, quality, or outcome of any such transaction.

4. Seller Obligations

As a seller, you agree that:

• All information you provide about yourself and your vehicle is accurate, complete, and not misleading.
• You are the legal owner of the vehicle or hold valid authority to sell it.
• The vehicle is not subject to any undisclosed finance agreement, lien, encumbrance, court order, or legal dispute that would prevent a lawful sale.
• You are responsible for disclosing any material defects, damage, accident history, or known issues with the vehicle.
• Accepting an offer on the Platform does not constitute a binding sale until the seller and dealer have independently concluded their own agreement.
• You are solely responsible for the safekeeping of the vehicle until handover is completed to the dealer’s satisfaction.

5. Dealer / Partner Obligations

As a dealer or partner, you agree that:

• All business information, credentials, and licence details provided during application are accurate and current.
• You will maintain all necessary licences and regulatory approvals required to operate as a motor dealer in South Africa.
• Bids placed on the Platform are made in good faith and represent genuine offers.
• You will conduct all dealings with sellers professionally and in compliance with the Consumer Protection Act, 2008 and any other applicable legislation.
• You will not use the Platform to harvest seller contact information for purposes unrelated to legitimate vehicle transactions.
• You are responsible for your own due diligence on any vehicle before completing a purchase.

6. Fees and Payment

• Listing a vehicle on AutoYard is currently free for sellers.
• Dealers may be subject to subscription fees, transaction fees, or other charges as communicated separately. Fee structures may change with reasonable notice.
• We reserve the right to introduce, modify, or remove fees at any time. Changes will be communicated in advance.
• All fees are exclusive of VAT unless expressly stated otherwise.

7. Intellectual Property

All content, branding, design, code, software, trademarks, logos, and other intellectual property displayed on or forming part of the Platform (“Platform IP”) is the exclusive property of WeMakeSites (Pty) Ltd or its licensors.

• You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Platform IP without our prior written consent.
• By submitting content (including vehicle images and descriptions), you grant AutoYard and WeMakeSites a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content in connection with the operation and promotion of the Platform.
• You retain ownership of content you submit but represent and warrant that you have all rights necessary to grant the above licence.

8. Prohibited Conduct

You may not:

• Use the Platform for any unlawful purpose or in violation of these Terms.
• Provide false, misleading, or fraudulent information.
• Manipulate or interfere with the auction process, including shill bidding, bid rigging, or collusion.
• Scrape, crawl, or use automated tools to extract data from the Platform without our written permission.
• Reverse engineer, decompile, or attempt to derive the source code of any part of the Platform.
• Circumvent security measures, access restrictions, or authentication mechanisms.
• Harass, threaten, or abuse other users of the Platform.
• Use the Platform to send unsolicited communications (spam).

Breach of this section may result in immediate suspension or termination of your access and, where applicable, referral to law enforcement.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
• AutoYard and WeMakeSites (including their directors, officers, employees, agents, affiliates, and subsidiaries) shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Platform, including but not limited to loss of profits, data, goodwill, or business opportunity.
• We are not liable for any disputes, claims, losses, damages, or costs arising from transactions between sellers and dealers, including but not limited to vehicle condition, pricing, non-payment, delayed payment, title defects, or failure to complete a transaction.
• Our total aggregate liability to you for any claims arising from or related to these Terms or the Platform shall not exceed the greater of (a) the fees you have paid to us in the twelve (12) months preceding the claim, or (b) R1,000 (one thousand South African Rand).
• We are not liable for any downtime, interruptions, errors, or delays in the Platform, whether caused by technical failures, maintenance, cyberattacks, or force majeure events.

10. Indemnification

You agree to indemnify, defend, and hold harmless AutoYard, WeMakeSites (Pty) Ltd, and their respective directors, officers, employees, agents, affiliates, and subsidiaries from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or conduct on the Platform.
• Your breach of these Terms.
• Your violation of any law, regulation, or third-party right.
• Any content or information you submit to the Platform.
• Any transaction between you and another user of the Platform.
• Any claim by a third party arising from your actions on or through the Platform.

11. Disclaimers

• No legal or financial advice: Nothing on the Platform constitutes legal, financial, tax, or professional advice. Users should consult qualified professionals before making decisions based on information found on the Platform.
• Vehicle information: Vehicle details displayed on the Platform (including specifications, mileage, history, and condition) are provided by sellers and/or third-party data sources. AutoYard and WeMakeSites do not independently verify this information and make no representations as to its accuracy or completeness.
• Third-party links: The Platform may contain links to third-party websites or services. We do not endorse or assume responsibility for any third-party content, products, or services.
• Availability: We do not guarantee uninterrupted or error-free access to the Platform. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without notice.

12. Suspension and Termination

• We may suspend, restrict, or terminate your access to the Platform at any time, with or without cause, and with or without notice, at our sole discretion.
• Grounds for termination include, but are not limited to: violation of these Terms, fraudulent activity, abusive behaviour, legal requirements, or the protection of other users.
• Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including Sections 7, 9, 10, 11, 14, and 15) will remain in full force and effect.
• You may close your account at any time by contacting us. Account closure does not relieve you of any obligations incurred prior to closure.

13. Dispute Resolution

In the event of a dispute arising from these Terms or your use of the Platform:

• The parties shall first attempt to resolve the dispute informally through good-faith negotiation for a period of at least thirty (30) days.
• If the dispute is not resolved informally, either party may refer the matter to mediation administered by an agreed-upon mediator in South Africa.
• If mediation fails, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), which rules are deemed incorporated by reference. The arbitration shall take place in South Africa and the language shall be English.
• Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Subject to Section 13, the courts of the Republic of South Africa shall have exclusive jurisdiction over any disputes arising from these Terms.

15. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and WeMakeSites regarding the Platform.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any affiliate, successor, or acquirer without restriction.
• Force majeure: Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control, including natural disasters, war, terrorism, pandemic, government action, internet disruption, or power failure.
• Notices: Notices to you may be sent to the email address associated with your account. Notices to us should be sent to the contact details in Section 16.

16. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated via the Platform or by email. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Platform.

17. Contact

For questions about these Terms, please contact us:

• Entity: WeMakeSites (Pty) Ltd, trading as AutoYard
• Email: info@wemakesites.co.za
• WhatsApp: +27 68 619 4575