Terms of Service

1. About these Terms

These Terms apply to everyone who uses actuallyfind.com. By creating an account, listing a vehicle or buying Go Managed, you agree to them. If you don't agree, please don't use the site.

Our Privacy Policy explains how we handle your personal information. The date at the top is the version of these Terms; we keep a record of which version you agreed to.

2. Who we are

ActuallyFind is run by Edward Baitsewe as a sole proprietor. It is not a registered company and is not registered for VAT.

ActuallyFind
9 Arnold Wilhelm Street, Parow East, Western Cape, 7500
Email: info@actuallyfind.com
Legal process and physical correspondence: edward@actuallyfind.com

3. Our role

ActuallyFind is an online listing service and is not a party to any contract of sale between buyers and sellers, nor does it act as a motor vehicle dealer under the Second-Hand Goods Act 6 of 2009.

Sellers write their own listings. We don't inspect vehicles, check who owns them, take part in negotiations or handle the money between buyer and seller. Please do your own checks before you pay: see the vehicle and its papers, compare the VIN on the vehicle with the licence disc and registration papers, and never pay a deposit for a vehicle you haven't seen.

4. Your account

• You must be at least 18 to create an account.
• Give us your real name, email address and phone number, and keep them up to date.
• Keep your password to yourself. You are responsible for what is done with your account.
• To see a seller's phone number you need to be signed in, with a verified email address and a phone number on your profile.

5. Listing a vehicle

• Listing is free. You can have up to 3 active listings at a time.
• A listing is active for 30 days from when it goes live, with up to 12 photos.
• When a listing expires you can relist it up to twice from My Vehicles.
• A listing that is sold, taken down or expired is deleted 90 days later.
• Listings show the vehicle's city and province, never the VIN.

6. Listing rules

Vehicles only

ActuallyFind is strictly for listing vehicles that have a VIN. You may not use it to:

• promote another business;
• offer financial products, including vehicle finance, insurance or crypto;
• sell vehicle spares or parts;
• sell supplements, potions or drugs;
• post pornographic content;
• sell firearms or ammunition;
• list anything other than a vehicle.

One listing per vehicle

Each vehicle can be listed only once at a time. You may not list the same vehicle twice, from the same account or another one, or ask someone else to list it for you. If you want it seen for longer, use Go Managed.

We use the VIN to enforce this. A VIN can't be listed while another listing with it exists, unless that listing has been marked as sold or deleted. If you bought a vehicle and can't list it, ask the seller to mark their listing as sold or delete it. If the listing is your own, you'll find it in My Vehicles.

Accurate information

Describe the vehicle honestly and use your own photos of it. We may ask you to prove details of a listing, for example with a photo of the licence disc or the chassis number, and put the listing on hold while we check. If you don't give us what we asked for in time (usually within 7 days), we may take the listing down.

Serious sellers and realistic prices

ActuallyFind is for serious sellers who want to sell their vehicle and know the price they want for it. Please don't list a vehicle just to “test the waters”, or with a made-up or placeholder price such as R123 456 or R1.

A price far below what similar vehicles sell for is often a sign of a scam, or of a vehicle with something to hide. We look closely at listings like that and may ask you to explain the price.

Private sellers only

ActuallyFind is a marketplace for private sellers. Dealers, and anyone selling vehicles as a business, may not list here.

Not allowed

• Vehicles that are stolen, or that you have no right to sell.
• Tampered, false or someone else's VINs or papers.
• Scams, fake listings, bait prices or misleading photos.
• Phone numbers, email addresses or links to websites in the description: buyers reach you through ActuallyFind, and we remove them.
• Using other people's contact details for anything other than the vehicle they listed.
• Anything illegal.

Suspicious listings

We may take down a listing that looks suspicious, or where the seller doesn't or can't give a reasonable explanation when we ask about it. If we take down your listing, we will always tell you why.

What happens if a rule is broken

We may take the listing down, suspend the account or close it. If a listing with Go Managed is taken down for breaking these rules, its Go Managed time ends and is not refunded.

7. Your photos and text

You keep ownership of what you upload. You confirm you are allowed to use it, and you let us show it on the site, resize it and let people share links to your listing, for as long as the listing exists.

8. Go Managed

Go Managed is an optional paid extra for one listing. The price is shown on the Go Managed page before you pay. It gives that listing:

• Up to 90 days on the site, through up to 3 monthly payments.
• Up to 24 photos instead of 12.
• Weekly bumps. A bump moves your listing back to the top of the newest listings, as if you'd just posted it: the moment you pay, then once a week while Go Managed runs. It doesn't change the listing's dates.
• Analytics on views and phone-number requests.

Paying

• Card payments only, through Paystack. We never see or store your card number.
• No VAT is charged, because ActuallyFind is not registered for VAT.
• The first payment is taken when you check out, and covers 30 days.
• Payments 2 and 3 are charged automatically to the same card, a month apart, each adding 30 days. After the third payment it stops by itself.
• If you used a valid discount code, the discounted price applies to every payment of that Go Managed period. It doesn't carry over to a later purchase.

Cancelling

You can cancel any time from My Vehicles. No further payments are taken, and the listing keeps whatever time you've already paid for. If an automatic payment is declined, we don't try again: we email you, and the listing stays up until its paid time ends.

Starting straight away, and the 7-day cooling-off period

Go Managed starts the moment your payment goes through. The Electronic Communications and Transactions Act normally gives you 7 days to cancel an online purchase and get a refund, but not for a service that starts with your consent within those 7 days (section 42(2)(d)). Before you pay, you tick a box agreeing that Go Managed starts immediately and that you give up that 7-day refund right. Each payment receipt repeats what you agreed to.

Time already paid for is not refunded, except where the law requires it.

9. Reporting a listing

If a listing looks like a scam, breaks these rules, or uses your photos or information without permission, email info@actuallyfind.com with the link to the listing and what's wrong. We'll look into it and may take the listing down.

10. Our responsibility

We work to keep the site running and safe, but we provide it as it is and can't promise it will always be available or free of errors. Because we are not part of any sale, we are not responsible for the vehicles listed, what sellers or buyers say or do, or any loss from dealings between them, as far as the law allows.

Nothing in these Terms takes away rights you have under the Consumer Protection Act or the Electronic Communications and Transactions Act that the law does not allow to be taken away.

11. Emails

We send emails your account needs: email verification, password resets, listing expiry reminders, Go Managed receipts and payment problems. We don't send marketing emails. If that ever changes, we will only send them to people who ask for them, with a way to unsubscribe.

12. Closing your account

To close your account, email info@actuallyfind.com from the address on the account. We close it within 30 days, unless legal action involving the account is pending. Closing it deletes the account and its listings; we keep payment records for as long as tax law requires (see the Privacy Policy).

We may suspend or close an account that breaks these Terms.

13. Changes to these Terms

If we make an important change, for example to prices, refunds, how we use your information or your rights, the next time you sign in you'll see a notice of the change with links to the new version, and you'll be asked to accept it before you carry on. We record when you accept. Small corrections just change the date at the top and don't need accepting.

A change never alters a Go Managed payment you've already agreed to. If you don't accept a change, you can stop using the site and ask us to close your account.

14. Law

These Terms are governed by South African law, and South African courts have jurisdiction.

15. Contact

Questions about these Terms: info@actuallyfind.com. Legal process and physical correspondence: edward@actuallyfind.com.