TERMS AND CONDITIONS OF USE
Last Updated: 26/07/2026
Welcome to the website of CarsAfric (“we,” “us,” “our,” or “Dealer”). These Terms and Conditions (“Terms”) govern your use of our website and any related services (the “Site”) and are a binding contract between you and the Dealer.
Please read these Terms carefully before using the Site or purchasing any vehicles or services from us. By using the Site, you agree to be bound by these Terms.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, ALL DISPUTES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
1. SCOPE AND APPLICATION
These Terms apply to all users of the Site, including those who browse, register for an account, or purchase vehicles or services. These Terms, along with our Privacy Policy, form the entire agreement between you and the Dealer. By using the Site, you represent that you are at least 18 years of age.
2. USE OF SITE AND INFORMATIONAL PURPOSES
The content provided on this Site, including vehicle listings, pricing, images, and specifications, is for general informational and advertising purposes only and does not constitute an offer to sell. While we strive to ensure the accuracy of the information, we do not guarantee that the Site is free from errors, omissions, or inaccuracies . Vehicle colors and features may not display accurately depending on your device.
We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice. Prices and availability are subject to change without notice . All vehicle sales are subject to the execution of a final purchase agreement and may be subject to additional terms presented during the purchase process .
3. ACCOUNTS AND SECURITY
To access certain features, such as scheduling service or saving vehicle searches, you may need to create an account. You agree to:
- Provide true, accurate, and complete information during registration.
- Maintain the confidentiality of your login credentials.
- Notify us immediately of any unauthorized use of your account.
- You are responsible for all activities that occur under your account .
4. USER CONDUCT AND SUBMISSIONS
You agree to use the Site lawfully and refrain from:
- Posting content that is false, misleading, defamatory, obscene, or infringing on any third-party rights .
- Uploading viruses or other malicious code.
- Interfering with the security or functionality of the Site.
- Using the Site for commercial purposes without our consent, such as advertising or solicitation .
User-Generated Content: If you submit reviews, comments, or other content (“Materials”), you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and display such Materials on the Site . We are not responsible for the content posted by users and reserve the right to remove any content at our sole discretion.
5. INTELLECTUAL PROPERTY
All content on the Site, including text, graphics, logos, and software, is our property or that of our licensors and is protected by copyright and trademark laws. You may download information for your personal, non-commercial use only, provided you do not remove any copyright notices. Any unauthorized reproduction or distribution is strictly prohibited .
6. LINKING AND THIRD-PARTY SITES
This Site may contain links to third-party websites. We provide these links for convenience and do not control or endorse the content or practices of any third-party sites. Your use of third-party websites is at your own risk and subject to their terms . We are not a party to any transaction between you and a third-party advertiser.
7. DISCLAIMER OF WARRANTIES
A. General Website Disclaimer:
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE .
B. Vehicle Sales & Warranties in the USA:
- Used Cars: For used vehicles sold in the USA, we comply with the FTC’s Used Car Rule, which requires a Buyers Guide to be displayed on the vehicle. This guide will state whether the vehicle is sold “AS IS” (without warranty) or with a dealer warranty .
- New Cars: If you are purchasing a new vehicle, its warranty is provided by the manufacturer. We do not make any independent warranties regarding new vehicles beyond those provided by the manufacturer.
- “As-Is” Sales: If a vehicle is sold “AS-IS,” you are responsible for all repair and maintenance costs. We recommend you have the vehicle inspected by an independent mechanic before purchase and check for open recalls via safercar.gov .
C. Vehicle Sales & Warranties in Ghana:
Please note the specific legal framework in Ghana regarding the sale of goods.
- Caveat Venditor (Let the Seller Beware): Under Ghana’s Sale of Goods Act, 1962 (Act 137), the law imposes a duty on the seller to deliver goods of “merchantable quality” and “fit for purpose.” This implied condition applies to both new and second-hand goods .
- Liability for Defects: A seller is liable for all defects in a vehicle, particularly latent defects (hidden defects that are not discoverable upon reasonable inspection). We are not liable for patent defects (those that could have been discovered during a reasonable inspection before purchase). If we disclose a specific defect to you before purchase, we are generally not liable for that disclosed defect .
- Buyer’s Right to Reject: You have the right to reject the vehicle within a reasonable time if we breach a fundamental obligation or condition of the sale. However, if you continue to use the vehicle for an extended period (e.g., several months or thousands of kilometers), a court may deem that you have accepted the vehicle and are no longer entitled to a refund or rejection . Retention for one month has been held to be unreasonable in some cases . This is a critical distinction from some other jurisdictions.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE DEALER NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING OUT OF YOUR USE OF THE SITE OR THE PURCHASE OF ANY VEHICLE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE OR A VEHICLE SALE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE VEHICLE IN QUESTION, OR $100.00 IF YOU HAVE NOT PURCHASED A VEHICLE.
9. INDEMNIFICATION
You agree to indemnify and hold harmless the Dealer and its employees, directors, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your breach of these Terms, your violation of any law, or your use of the Site .
10. PRIVACY
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy to understand our data collection and use practices.
11. GOVERNING LAW AND JURISDICTION
These Terms and any disputes arising hereunder shall be governed by the laws of the State of Delaware and the federal laws of the United States, as well as the laws of the Republic of Ghana, where applicable. However, the interpretation of sales contracts will be governed by the laws of the jurisdiction where the sale takes place.
12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
Please read this section carefully. It affects your rights.
A. Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the purchase of a vehicle from us (collectively, “Disputes”) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. This agreement to arbitrate is intended to be broadly interpreted .
B. Exceptions: You or we may assert claims in small claims court if the claims qualify and remain in such court. Either party may seek equitable relief in court for infringement of intellectual property rights.
C. Class Action Waiver: You and the Dealer agree that any Disputes will be arbitrated on an individual basis only. You waive the right to participate in a class action, consolidated action, or representative action against us.
D. Severability: If any provision of this arbitration section is found to be unenforceable, the remainder of the Terms shall remain in effect.
13. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Site after such changes constitutes your acceptance of the new Terms .
14. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
[CarsAfric]
[Kofi Annan Street, Accra Ghana.]
[+233542792174]
[[email protected]]