Terms and Conditions

1. Introduction

Welcome to ACM Africa ("Platform", "we", "us", "our"). By accessing or using our website and services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Platform.

ACM Africa is an online marketplace that connects buyers and sellers of second-hand agriculture, construction, and mining equipment across Africa. We provide the platform infrastructure only and do not own, sell, or inspect any equipment listed.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into binding agreements to use this Platform. By registering, you represent and warrant that you meet these requirements.

3. Account Registration and Security

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
• One person may only operate one account. Duplicate accounts may be removed without notice.

4. Listings and Content

• Sellers are solely responsible for the accuracy, completeness, and legality of their listings, including descriptions, images, pricing, and equipment condition.
• Listings must include a minimum of 3 genuine photographs of the actual equipment being sold.
• Stock photos, misleading images, or images of different equipment are strictly prohibited.
• You may not list stolen, counterfeit, or illegally obtained equipment.
• We reserve the right to remove any listing that violates these Terms, is reported as fraudulent, or is deemed inappropriate at our sole discretion.
• All content you upload (text, images, reviews) grants ACM Africa a non-exclusive, royalty-free licence to display, reproduce, and distribute that content on the Platform for operational purposes.

5. Transactions Between Users

• ACM Africa is a marketplace platform only. We are not a party to any transaction between buyers and sellers.
• All negotiations, inspections, payments, and agreements are conducted directly between the buyer and seller.
• We strongly recommend meeting in person, inspecting equipment before payment, and verifying the seller's identity and business registration before any transaction.
• ACM Africa is not responsible or liable for any warranty issues, disputes, fraud, misrepresentation, or financial losses arising from transactions on this Platform.
• All dealings between buyers and sellers are at the parties' own risk.

6. Dealer Accounts

• Users may apply for a dealer account through their profile dashboard. Approval is at the sole discretion of ACM Africa.
• Dealer subscriptions are subject to the applicable fees and duration as displayed at the time of purchase.
• Dealer subscription fees are non-refundable once the subscription period has commenced.
• We reserve the right to revoke dealer status at any time if terms are violated or if fraudulent activity is detected.
• Dealers must accurately represent their business and not impersonate other businesses or individuals.

7. Fees and Payments

• Basic listings are free. Sponsored listings and dealer subscriptions are available at the fees displayed on the Platform.
• All fees are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.
• Payments are processed through our third-party payment provider. ACM Africa does not store your payment card details.
• Fees for sponsored listings and dealer subscriptions are non-refundable once the service has been activated.
• We reserve the right to change our pricing at any time, with changes taking effect for new purchases only.

8. Prohibited Conduct

You agree not to:

• Post false, misleading, or fraudulent listings or information.
• Use the Platform for any illegal purpose or in violation of any applicable laws.
• Harass, threaten, or abuse other users.
• Attempt to manipulate reviews, trust scores, or any Platform features.
• Scrape, copy, or reproduce content from the Platform without written permission.
• Circumvent or attempt to circumvent any security features, fees, or restrictions.
• Create multiple accounts to evade bans, restrictions, or listing limits.
• Use automated tools, bots, or scripts to interact with the Platform.
• Upload malicious code, viruses, or harmful content.

9. Trust Score and Reviews

• Trust scores are calculated automatically based on account activity, verifications, and user feedback. They are intended as a guide only and do not constitute a guarantee of reliability.
• Reviews must be honest and based on genuine interactions. Fake, paid, or coerced reviews are prohibited.
• We reserve the right to remove reviews that violate these Terms or are deemed abusive, defamatory, or fraudulent.
• Manipulation of trust scores through artificial means will result in account suspension.

10. Intellectual Property

• The ACM Africa name, logo, design, and all Platform content (excluding user-generated content) are the intellectual property of ACM Africa.
• You may not use our branding, trademarks, or content without prior written consent.
• By posting content on the Platform, you represent that you own the content or have the right to use it.

11. Privacy and Data Protection

• We collect and process personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy.
• Your contact details (phone, WhatsApp, email) are only visible to logged-in users to reduce spam and protect your privacy.
• We do not sell your personal information to third parties.
• You may request access to, correction of, or deletion of your personal data by contacting us.

12. Limitation of Liability

• ACM Africa provides the Platform on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
• To the maximum extent permitted by law, ACM Africa shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.
• Our total liability for any claim arising out of these Terms shall not exceed the total fees you have paid to ACM Africa in the 12 months preceding the claim.
• We do not guarantee the quality, safety, legality, or availability of any equipment listed on the Platform.
• We are not liable for any loss resulting from reliance on trust scores, reviews, or other user-generated content.

13. Indemnification

You agree to indemnify, defend, and hold harmless ACM Africa, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from:

• Your use of the Platform or violation of these Terms.
• Any content you post or transaction you enter into through the Platform.
• Your violation of any applicable law or the rights of any third party.

14. Account Suspension and Termination

• We may suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any conduct we deem harmful to the Platform or other users.
• Upon termination, your right to use the Platform ceases immediately. Active listings will be removed.
• Fees paid for subscriptions or sponsored listings prior to termination are non-refundable.
• You may delete your account at any time by contacting us. Some data may be retained as required by law.

15. Dispute Resolution

• Any dispute arising from these Terms or your use of the Platform shall be governed by the laws of the Republic of South Africa.
• Disputes between buyers and sellers must be resolved directly between the parties. ACM Africa may assist where possible but is not obligated to mediate.
• If a dispute arises between you and ACM Africa, we encourage you to first contact us to attempt resolution informally.
• If informal resolution fails, the dispute shall be submitted to the jurisdiction of the courts of South Africa.

16. Modifications to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. For material changes, we will make reasonable efforts to notify registered users via email.

17. Contact Information

If you have any questions about these Terms, please contact us: