TERMS AND CONDITIONS
Effective Date: August 20, 2025
Last Updated: August 20, 2025
Agreement to Terms
By accessing or using Zynity’s platform at zynity.co.za (“Platform”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use our services.
Definitions
- “Services” means all offerings provided by Zynity, including vehicle sourcing, marketplace access, verification services, and events
- “User” means any individual or entity accessing our Platform or Services
- “Member” means a registered User with approved membership status
- “Content” means all information, data, text, images, and materials on our Platform
- “Vehicle” means any automotive vehicle listed, sourced, or transacted through our Services
Service Description
Core Services
Vehicle Sourcing and Deal Negotiation:
Zynity provides professional vehicle sourcing services, working to secure competitive deals across national and international markets. Our team conducts thorough market research and price negotiations on behalf of Members.
Purchase Verification Services:
We offer comprehensive due diligence including accident history reports, service record verification, and warranty/Motorplan balance confirmation. These services are provided for informational purposes and do not constitute guarantees or warranties.
Exclusive Member Marketplace:
Our platform facilitates connections between verified buyers and sellers, specializing in luxury and rare vehicle transactions. All marketplace participants undergo verification processes before approval.
Events and Networking:
We organize exclusive automotive events, car meets, and networking opportunities for Members to build relationships and explore business opportunities.
Membership and Account Terms
Registration Requirements
- Eligibility: Users must be 18 years or older and have legal capacity to enter contracts
- Verification: All Members must complete identity and financial verification processes
- Accuracy: All registration information must be accurate, current, and complete
- Security: Members are responsible for maintaining account security and confidentiality
Membership Fees and Payment
- Fee Structure: Membership fees are outlined in our current pricing schedule
- Payment Terms: Fees are due in advance and non-refundable unless otherwise specified
- Fee Changes: We reserve the right to modify fees with 30 days’ written notice
- Transaction Fees: Additional fees may apply for specific services or transactions
User Obligations and Prohibited Conduct
Acceptable Use
Users must:
- Provide accurate and truthful information in all interactions
- Comply with all applicable laws, regulations, and industry standards
- Respect intellectual property rights and confidentiality obligations
- Maintain professional conduct in all platform interactions
Prohibited Activities
Users may not:
- Fraud or Misrepresentation: Provide false information about vehicles, identity, or financial capacity
- Circumvention: Bypass our verification processes or platform security measures
- Unauthorized Access: Access accounts, data, or systems without proper authorization
- Market Manipulation: Engage in price manipulation, bid rigging, or anticompetitive practices
- Harmful Content: Upload malicious software, spam, or inappropriate material
Transaction Terms and Conditions
Vehicle Transactions
- Facilitation Only: Zynity facilitates connections but is not party to vehicle sales contracts
- Due Diligence: Our verification services supplement but do not replace independent inspections
- Payment Processing: All payments are processed through secure, third-party payment processors
- Title Transfer: Members are responsible for proper title transfer and registration procedures
Service Limitations
- No Warranties: We do not warrant the condition, legality, or merchantability of vehicles
- Market Fluctuations: Vehicle values and availability are subject to market conditions
- Third-Party Dependencies: Some services rely on third-party providers and data sources
- Geographic Limitations: Service availability may vary by location and jurisdiction.
Intellectual Property Rights
Platform Content
- Ownership: All platform content, trademarks, and intellectual property remain our property
- License: Users receive limited, non-exclusive license to access and use platform features
- Restrictions: Content may not be copied, modified, distributed, or used for commercial purposes
- User Content: Users retain ownership of their submitted content while granting us usage rights
Brand Protection
- Trademarks: “Zynity” and related marks are protected intellectual property
- Usage Rights: Unauthorized use of our branding or intellectual property is prohibited
- Reporting: We actively monitor and enforce intellectual property rights.
Disclaimers and Limitations
Service Disclaimers
- “AS IS” BASIS: Services are provided without warranties of any kind, express or implied
- NO GUARANTEES: We do not guarantee specific outcomes, deals, or transaction success
- THIRD-PARTY CONTENT: We are not responsible for accuracy of third-party information
- MARKET CONDITIONS: Vehicle availability and pricing are subject to market fluctuations
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- INDIRECT DAMAGES: We shall not be liable for indirect, incidental, or consequential damages
- DAMAGE CAPS: Our total liability shall not exceed the fees paid by the User in the preceding 12 months
- BUSINESS LOSSES: We are not liable for lost profits, revenue, or business opportunities
- FORCE MAJEURE: No liability for delays or failures due to circumstances beyond our control
Indemnification
Users agree to indemnify, defend, and hold harmless Zynity, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- User’s breach of these Terms or violation of applicable laws
- User’s vehicle transactions or interactions with other platform participants
- Inaccurate or misleading information provided by User
- User’s negligent or wrongful conduct.
Privacy and Data Protection
Our Privacy Policy, incorporated herein by reference, governs the collection, use, and protection of personal information. By using our Services, Users consent to data processing as described in the Privacy Policy.
Termination
Termination Rights
- By User: Users may terminate accounts at any time with written notice
- By Zynity: We may terminate accounts for breach of Terms, fraudulent activity, or other violations
- Effect of Termination: Upon termination, access to Services ceases and certain provisions survive
Survival Provisions
The following provisions survive termination: payment obligations, intellectual property rights, disclaimers, limitation of liability, and indemnification.
Dispute Resolution
Mandatory Arbitration
All disputes shall be resolved through binding arbitration under the rules of [Applicable Arbitration Institution]. Arbitration shall be conducted in Cape Town using English.
Class Action Waiver
Users waive the right to participate in class action lawsuits or representative proceedings against Zynity.
Governing Law
These Terms are governed by the laws of Western Cape without regard to conflict of law principles.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between parties and supersede all prior agreements.
Severability
If any provision is deemed invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.
Amendment
We may modify these Terms at any time with reasonable notice. Continued use constitutes acceptance of modifications.
Assignment
These Terms may not be assigned by Users but may be assigned by Zynity in connection with business transfers.
Contact Information
Legal Department:
Zynity (Proprietary) Limited
Email: legal@zynity.co.za