CLIENT APPLICATION

FOR QMC

Registration is completed online. The required personal or company information is captured electronically during sign-up and stored in your account profile. By creating an account and accepting these Terms, you submit your application and electronically sign this Agreement. The individual or entity registering on the platform is referred to as the “Client”.

TERMS AND CONDITIONS

1. INTRODUCTION

1.1 These Terms of Service (“Terms”) apply to the access and use of the services offered by QMC (“QMC”) (hereinafter referred to as QMC), to listings, auction facilitation, marketing, administration, valuations, and any related service (collectively, the “Service”) of QMC (“ QUOTE MY CAR ”, “we”, “us”, or “our”).

The terms and conditions which follow are necessary to ensure that we continue to provide the best possible service to you, whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term of condition will be grounds for immediate termination of this Agreement without notice. QMC will be the sole arbiter as to what constitutes a violation of these provisions. 1.2 To continue with the services, as more fully described above, the client is required to commit and electronically accept this agreement for the duration of the project and for as long as services are rendered. The client will be invoiced a fee of an amount specifically according to the membership each member chooses to enter into. Payment to be made as specified on the invoice. Commencement date shall be from the date of electronic acceptance of this agreement. Should the client wish to terminate the services as agreed upon in this agreement, and in accordance with the Consumer Protection Act, the client shall be liable for a reasonable cancellation fee. Such cancellation fee will be determined based on the remainder of the term of this agreement, and will be provided to the client, should termination occur. 1.3 These Terms are to be read with: The Auction Rules; The Privacy Policy; Any applicable Seller or Buyer Agreement. 1.4 Business Hours:

{{business_hours}}

2 DEFINITIONS

2.1 “Business Day” means any day other than a Saturday, Sunday, or any public holiday within the Republic of South Africa unless indicated otherwise. 2.2 “Contract” means these Terms and Conditions and the agreement entered into between the parties. 2.3 “Final Account” means the document issued by QMC to the client at the end of each calendar month detailing outstanding balances payable by the client to QMC should same be applicable. 2.4 “Terms and Conditions” means this document. 2.5 “Client” refers to the person or individual entering into this agreement with QMC.

3 COMPANY ROLE AND NATURE OF PLATFORM

3.1 QMC operates an online auction and listing platform that facilitates the sale of vehicles between Sellers and Buyers. 3.2 QMC is not the owner of any vehicles listed unless expressly stated and acts only as intermediary/auctioneer. 3.3 The platform is operated in accordance with: Consumer Protection Act 68 of 2008 (CPA); Electronic Communications and Transactions Act 25 of 2002 (ECTA); Second-Hand Goods Act 6 of 2009.

4 USER REGISTRATION AND ACCOUNTS

4.1 All Clients, including private users and registered motor vehicle dealers, must create an online account on the QMC platform in order to access or use any Services. 4.2 Clients must ensure that all registration information provided is accurate, complete, and current at all times. QMC shall not be liable for any loss, delay, or failure in service resulting from inaccurate or incomplete information supplied by the Client. 4.3 All registered motor vehicle dealers are required to upload valid proof of registration with the relevant South African authorities, including but not limited to: (a) a valid Dealer Floor Registration; (b) a valid Second Hand Goods Dealer Certificate (where applicable); (c) proof of business registration (CIPC documents); (d) any additional documents required by law or as requested by QMC from time to time. 4.4 The Client is solely responsible for maintaining the confidentiality and security of their login credentials, passwords and account access details. QMC will not be liable for any unauthorised access resulting from the Client’s failure to safeguard such information. 4.5 The Client agrees to notify QMC immediately of any unauthorised use of their account or any other breach of security. 4.6 QMC reserves the right, at its sole discretion, to suspend, restrict or terminate any user account that: (a) contains false, incomplete or misleading information; (b) fails to provide required proof of dealership registration or compliance; (c) is used in breach of any term of this Agreement; (d) is suspected of fraudulent activity, abuse or misuse of the platform. 4.7 Suspension or termination of an account does not relieve the Client from any fees, charges or obligations accrued prior to such suspension or termination. 4.8 Users must: Be 18 years or older; Have full legal capacity; Provide accurate information; Provide FICA documents when requested

4.9 Quote My Car may verify identity or refuse registration if required for compliance 5 COMMENCEMENT AND DURATION

5.1 This Agreement shall commence on date of electronic acceptance (“the commencement date”) and shall endure for an uninterrupted period until all obligations have been fulfilled and all services have been delivered by QMC.

5.2 QMC may terminate this Agreement at any time during the term by providing the client with 1 (ONE) calendar month’s written notice of its intention to cancel, unless otherwise permitted under the Companies Terms and Conditions or applicable law.

6 FEES AND PAYMENT TERMS.

At launch, the only fee charged by QMC is a flat success fee of {{success_fee_amount}} per successful sale. Any other fees described below do not apply unless explicitly displayed on the platform.

6.1 Service Fees 6.1.1 All services rendered by Quote My Car (“QMC”), including but not limited to listings, auction facilitation, marketing, administration, valuations, and any related services, are subject to the fees prescribed by QMC from time to time 6.1.2 Service fees will be communicated to the Client in writing by way of quotation, invoice, or published pricing schedule 6.1.3 All fees are exclusive of VAT unless otherwise stated. 6.1.4 Additional charges may apply for: Expedited services Additional listings Re-listing fees Auction entry fees Administrative fees Third-party service fees 6.1.5 Refunds will only be considered where legally applicable and at QMC’s sole discretion. 6.1.6 Late payments: Interest will be charged at {{late_payment_interest_rate_percent}}% per month or the maximum allowed by law. 6.1.7 Non-payment: QMC reserves the right to suspend all services, listings, or auctions until payment is received. 6.1.8 All legal costs incurred due to non-payment will be recovered from the client on the attorney-client scale.

6.1.9 Users are responsible for ensuring they use correct bank details. QMC accepts no liability for funds transferred to incorrect accounts by clients or dealers.

6.2 Listing Fees (For Sellers)

6.2.1 A listing fee may be payable before a vehicle is listed on QMC’s auction platform.

6.2.2 Listing fees are non-refundable once the listing has been activated.

6.2.3 QMC reserves the right to suspend or remove a listing where payment is not received.

6.3 Auction Fees (Buyer and Seller Fees)

6.3.1 A buyer’s fee or buyer’s premium may be charged to the successful bidder at the conclusion of an auction.

6.3.2 A seller’s auction fee or commission may be charged to the seller on successful sale of a vehicle.

6.3.3 All auction fees will be clearly stated prior to participation in any auction.

6.3.4 By placing a bid, the Client acknowledges and accepts that auction fees become immediately due and payable upon winning a bid.

6.4 Commission

6.4.1 QMC may charge a commission on the sale of a vehicle, calculated as a fixed amount or percentage of the final accepted offer. At launch, the commission is a flat success fee of {{success_fee_amount}} per successful sale.

6.4.2 The commission becomes payable immediately upon confirmation of sale.

6.5 Administrative and Processing Charges

6.5.1 QMC may charge administrative fees for document processing, change of ownership, valuation reports, or any additional service requested by the Client.

6.5.2 These fees will be communicated in advance and are payable before release of any documentation or completion of services.

6.6 Deposits

6.6.1 A deposit may be required before any service is rendered or before a Client participates in certain listings or auctions.

6.6.2 Deposits must be paid no later than {{deposit_due_days}} days before commencement of services, unless otherwise agreed in writing.

6.6.3 Deposits are not refundable in cases where the Client cancels or fails to proceed with the service.

6.7 Payment Methods

6.7.1 Payments must be made by Electronic Fund Transfer (EFT) into QMC’s nominated bank account.

6.7.2 Cash deposits, third-party payments, or cheque payments will not be accepted unless expressly approved in writing.

6.7.3 It is the Client’s responsibility to ensure correct banking details and reference numbers are used.

6.8 Banking Details

Account Name: QMC Bank: {{bank_name}} Account Type: {{bank_account_type}} Account Number: {{bank_account_number}} Branch Code: {{bank_branch_code}}

6.9 Quotation Validity

6.9.1 Quotations issued by QMC are valid only for the period stated on the quotation.

6.9.2 If payment is not made within the validity period, the quotation shall automatically lapse and may be subject to revised pricing.

6.10 Additional Charges

6.10.1 Should additional services or adjustments beyond the original scope of

work be required, the Client will be invoiced separately for such work. 6.10.2 The Client undertakes to pay all additional costs without deduction or

set-off. 6.11 Refunds

6.11.1 Refunds will only be processed where QMC expressly agrees

in writing.

6.11.2 Listing fees, administrative fees, deposits, and auction-related fees are

strictly non-refundable unless required by law. 6.11.3 QMC is under no obligation to refund fees where a transaction

fails due to the conduct, negligence, or omission of the Client or any third party. 6.12 Late Payments and Interest

6.12.1 Any amount not paid when due shall bear interest at {{interest_above_prime_percent}}% above the

ABSA prime lending rate. 6.12.2 Interest will accrue daily and be compounded monthly until full

settlement. 6.13 Non-Payment

6.13.1 QMC reserves the right to suspend services, remove listings,

block the Client’s access to the platform, or cancel this Agreement in the event of non-payment. 6.13.2 The Client remains liable for all fees due, including interest and legal

costs, even if services are suspended. 6.14 Invoicing

6.14.1 QMC may issue invoices monthly or per transaction,

depending on the nature of the service. 6.14.2 Final Accounts will reflect all outstanding balances, and payment is due

immediately upon receipt. 6.15 Legal Costs for Collection

6.15.1 If QMC institutes legal action for recovery of outstanding

amounts, the Client shall be liable for all legal costs on an attorney-and client scale, including collection fees, tracing fees, and counsel fees. 6.16 User Accounts and Security 6.16.1 Users are responsible for keeping login credentials secure. 6.16.2 Any unauthorised access must be reported immediately. 6.16.3 Quote My Car may suspend accounts for fraud, abuse or regulatory requirements

7 INDEMNITY

a. QMC shall not be held responsible for damages and/or loss as a result of the services rendered by QMC, and the Client hereby indemnifies QMC against all claims out of: i. Any loss or damage to the person or property as a result of QMC’s service offered; ii. Any claims, damages, or action institute against the Client as a result of the service offered by QMC iii. QMC acts solely as an intermediary and accepts no liability for the condition, legality or performance of vehicles sold. iv. All disputes arising between buyers and sellers shall be resolved directly between the respective parties. v. QMC shall not be held liable for any loss, damage, or claims resulting from the use of the platform or from any transaction concluded between users. vi. QMC’s total aggregate liability, under any circumstances, shall be strictly limited to the amount of fees actually paid to QMC in respect of the specific transaction from which the claim arises. 8 POPIA COMPLIANCE

8.1 QMC collects, stores, and processes personal information strictly for purposes of providing services. 8.2 By using the platform, the user consents to the processing of their data in accordance with the Protection of Personal Information Act (POPIA). 8.3 QMC may share information with dealers, service providers, or third-party partners directly involved in a transaction. 8.4 QMC will take reasonable measures to protect all personal

information.

9 BREACH

a. QMC shall be entitled, without prejudice to its other or accrued rights, to cancel this Agreement forthwith in the event that: i. The Client fails to pay the fee or any other amount due in terms of this Agreement on due date; ii. The Client breaches any of the other terms and conditions hereof, all of which are material, and fails to remedy same within 7 (SEVEN) days from the date of receipt of written notice calling upon it to rectify such breach; iii. The client commits an act of insolvency. b. In the event of the Client failing to inform QMC of its intention to terminate the services of QMC, the Client shall remain responsible for the fees payable until such termination is accepted by QMC.

10 INTEREST

a. Should the Client fail to make payment of any fee or other amount payable to QMC in terms of this Agreement on due date, QMC shall be entitled, without prejudice to its rights, to charge interest on such amounts at a rate of {{interest_above_prime_percent}}% above the prime lending rate from time to time of the ABSA

11 TERMINATION

a. Either party to this Agreement has the right to terminate this Agreement by giving 30 (thirty) business days’ written notice. This agreement shall be valid from date of electronic acceptance of the agreement and will terminate once the project is completed and service has been rendered. b. QMC has the right to charge a reasonable cancellation fee should the Client elect to terminate this Agreement before the project is completed. c. QMC reserves the right to immediately terminate this agreement based on a breach by the Client, without any notice to remedy the breach. 12 CAPACITY OF PARTIES

Should:

a. the client be a company, close corporation, trust, or a principal represented herein by an agent, the person/s accepting this offer (including electronic acceptance) on behalf of the client hereby binds himself /themselves in favour of QMC as surety for, and co-principal debtor with, the client for the due and proper discharge of all of the tenant obligations arising from this agreement. b. this Agreement be accepted (including electronically) by a person acting in his capacity as a trustee for a company or close corporation to be formed, such person in his personal capacity shall be personally liable as client under this Agreement unless QMC or close corporation is formed and fully adopts and ratifies the terms of this Agreement within thirty (30) days of acceptance hereof by QMC and: i. shall until the proposed company or closed corporation is formed and fully adopts and verifies this Agreement, be and have the rights and obligations of the client hereunder; and ii. nevertheless, binds himself by his acceptance of this Agreement as surety and co-principal debtor in solidum, jointly and severally with such company or close corporation in favour of QMC, for the due fulfilment of all the obligations of such company or close corporation arising here from. c. the client consists of more than one person or party, their liability to QMC in terms of this lease shall be in solidum. 13 DOMICILIUM CITANDI ET EXECUTANDI

a. The Client chooses its domicilium citandi et executandi to be:

E-mail Address: ___________________________________________ b. QMC chooses its domicilium citandi et executandi to be: {{company_address}} E-mail: qmcdev@qmcars.co.za c. Any notice delivered by one party to the other at the addressee’s domicilium citandi et executandi, shall be deemed to have been received by the addressee on the date of delivery.

14 INTELLECTUAL PROPERTY RIGHTS

a. The Client hereby assigns to QMC all rights, including, without limitation, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets:

i. Developed or created by QMC, solely or jointly with others, during the course of performing work for or on behalf of the Client or any affiliate of the Client, or the predecessors of any such entities; ii. That QMC conceives, develops, discovers or makes in whole or in part during the contract by QMC that relate to the business of QMC or any affiliate of QMC or the actual or demonstrably anticipated research or development of QMC or any affiliate of QMC; iii. That QMC conceives, develops, discovers, or makes in whole or in part during or after the Client’s duration of contract by QMC that are made through the use of any equipment, facilities, supplies, trade secrets or time of QMC or any affiliate of QMC or that results from any work QMC performs or any affiliate of QMC or that results from any work QMC performs for any affiliate of QMC; or iv. Developed or created by QMC, solely or jointly with other, at any time before the contract period, that relate to or involve QMC’s business (including but not limited to, the business of QMC group, collectively “the work product”) without limiting the foregoing, to the extent possible, all software, compilations and other original works or authorship. If, notwithstanding the foregoing, the Client, for any reason, retains any right, title, or interest in or relating to any work product, the Client agrees promptly to assign, in writing and without any requirement of any further consideration, all such right, title, and interest to QMC. Upon request of QMC at any time during or after the contract period, the Client will take such further actions, including execution and delivery of instruments of conveyance, as may be appropriate to evidence, perfect, record or otherwise give full and proper effect to any assignments of right under or pursuant to the Agreement. v. The Client acknowledges and agrees that in the event of any third-party claims, QMC will not be held liable.

12.PRIVACY AND DATA PROTECTION

12.1 QMC is committed to complying with the Protection of Personal Information Act 4 of 2013 (“POPIA”). 12.2 By making use of Quote My Car’s services, the Client expressly consents to QMC collecting, storing, and processing their personal information for purposes directly related to the provision, administration, and improvement of Quote My Car’s services.

13.COPYRIGHT

13.1 In terms of Section 21 (1)(a) of the Copyright Act, ownership of a copyright shall vest in the author. The definition of an “author” in the Act includes an author in relation to documents and/or statements. 13.2 QMC therefore has copyright in terms of all work completed on every single project.

14.1. SCOPE OF SERVICES

14.1 The scope of services for QMC includes, but is not limited to: 14.1.1. A commitment to transforming the vehicle-buying experience through a seamless, transparent, and user-friendly online auction platform. 14.1.2. QMC empowers buyers and sellers by providing a reliable space to connect, compare, and secure the best possible vehicle deals with confidence. 14.1.3. An innovative digital marketplace offering real-time vehicle auctions, competitive pricing, and a streamlined process designed to simplify and enhance every step of the vehicle acquisition journey. 14.2 SERVICES PROVIDED

14.2.1. QMC provides an online platform designed to facilitate vehicle evaluations, listings, buyer engagement, bidding, and auction-related interactions between users. 14.2.2. These services include, but are not limited to: a) facilitating communication between buyers and sellers; b) providing an online environment for listing and marketing vehicles; c) hosting vehicle auctions and enabling competitive bidding; d) providing access to valuation tools, market insights and comparative pricing information; e) offering administrative support related to transactions concluded through the platform. 14.2.3. QMC acts solely as an intermediary and does not buy, sell, own, inspect or guarantee any vehicle listed or auctioned through the platform, nor does it provide mechanical or legal certification of any kind. 14.2.4. Where clients list vehicles on the platform, they must ensure that:

All information supplied is accurate and complete;

They Disclose all known defects;

They provide proof of ownership and NATIS when required.

14.3 LISTINGS AND AUCTIONS

14.3.1 By submitting a vehicle for listing or auction, the Client warrants that all information provided is truthful, accurate, and not misleading, including but not limited to ownership, condition, mileage, accident history, and any known defects. 14.3.2 Quote My Car reserves the right, at its sole discretion, to accept, reject, suspend, or remove any listing that does not comply with its standards, policies, or legal requirements. 14.3.3 Bids placed during an auction are binding. The highest accepted bid at the close of the auction constitutes an offer, which, once accepted by the seller, forms a binding agreement between the buyer and the seller. 14.3.4 Quote My Car is not a party to the sale agreement between buyers and sellers and shall not be held liable for any disputes, warranties, payment defaults, misrepresentations, or disagreements arising between users. 14.3.5 The Client acknowledges that auction results and listing visibility may vary depending on market demand, user engagement, and platform activity, and Quote My Car makes no guarantee regarding sale price, bid volume, or time to sale. 15 SCOPE OF SERVICES, LISTINGS & AUCTIONS

15.1 QMC functions as an intermediary platform facilitating communication and potential transactions between sellers and dealers. 15.2 QMC is not responsible for the condition, quality, accuracy, or mechanical integrity of any vehicle listed. 15.3 Listings: A seller must provide true, accurate, and honest disclosure of the vehicle. QMC reserves the right to reject or remove any listing that is misleading, fraudulent, or non- compliant. 15.4 Auctions: Bidding is binding. Auction fees may apply. QMC does not guarantee a sale, minimum bid, or price expectation. 15.4 QMC is not liable for failed transactions, disputes between seller and buyer, or inaccurate information supplied by either party. 15.5 QMC does not take possession of vehicles unless specifically agreed in writing. 15.7 QMC makes no warranties regarding the successful sale of any vehicle.

16 GENERAL

16.3 This Agreement constitutes the entire Agreement between the parties and no variation, amendment or cancellation hereof shall be of any force or effect unless reduced to writing and agreed to by all parties, including electronic acceptance. 16.4 Any latitude, relaxation, indulgence, or extension of time which may be allowed by QMC in respect of any matter or thing that the Client is bound to perform or observe in terms of this

Agreement, shall not under any circumstances be deemed to be a waiver of the Company’s rights at any time. QMC is entitled to, without notice, to require strict and punctual compliance with each and every provision or term herein. 16.5 In this Agreement, words importing the singular shall include the plural and vice versa, words importing the masculine gender shall include the feminine gender and words importing business shall include corporate bodies. 16.6 The Client acknowledges that this offer and its consequences have been explained and that it is fully aware of all the implications hereof. 16.7 QMC gives no warranty and makes no representations in regard to the premises nor does QMC warrant that the premises will be fit for any purpose and the Client acknowledges having inspected the premises prior to taking occupation thereof. 16.8 In the event that QMC takes legal action against the Client because of a breach by the Client of its obligations in terms of this Agreement, the Client shall be liable for all legal costs incurred by the Company on the scale as between attorney and client including, without limitation, collection fees, tracing fees and fees of council as on brief. 16.9 QMC shall, at its election, be entitled to institute action out of any Magistrate’s Court exercising jurisdiction over the Client’s person, notwithstanding that the amount of its claim would otherwise have exceeded the jurisdiction of the Court. 16.9.1 The Client hereby authorizes QMC to furnish credit information concerning the Client from any credit bureau or from any credit provider seeking trade references, in order for QMC to conduct a credit assessment of affordability assessment in respect of the Client, should QMC wish.

17 LIMITATION OF LIABILITY

17.3 QMC nor any of their direct or indirect affiliates, partners, members, employees, or agents shall not be liable for any losses or damages which a Client may suffer, regardless of how such losses or damages arise, unless the claims are directly attributable to fraud, dishonesty or gross negligence of QMC or its employees acting in the course and scope of their employment. QMC is under no circumstances responsible for any indirect, special, or consequential losses or damages. 17.4 Neither QMC nor any of their direct or indirect affiliates, partners, members, employees or agents shall be liable to the Client or its affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of services contemplated by these terms and conditions, unless such loss, liability, damage, or expense shall be proven to result directly from QMC or any of their direct or indirect affiliates, partners, members, employees, or agents wilful misconduct. 17.5 QMC shall not be held liable for any injury or sickness incurred by any Client and the Client expressly agrees that he/she will not hold QMC nor any of their direct or indirect affiliates, partners, members, employees or agents liable for any medical accounts or any

other accounts as a result of injury or sickness incurred by the Client unless such injury or sickness shall be proven to result directly from QMC or any of their direct or indirect affiliates, partners, members, employees or agents wilful misconduct. 17.6 To the extent that it is not prohibited by law, in no event will QMC, or its agents, vendors, guide locations, partners, or affiliates be liable to the Client or any third party for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages or loss of property, physical losses, death or any other damages or losses, arising out of or related to these terms. 17.7 The service, and/or third-party services or materials, however caused, regardless of the theory of liability (contract, warrant, tort), including negligence, whether active, passive, or imputed, product liability, strict liability, or other theory and in the event that the Company has been advised of the possibility of such damages.

18 EMERGENCY CONTACT AND HEALTH INFORMATION

Emergency contact name:
relationship:
Emergency contact number:
Do you have any existing illness or injury we SHOULD BE aware of?
Kindly specify:
Are you currently taking any medication that QUOTE MY CAR should know of?
If so kindly specify:

By providing this information, you consent to QUOTE MY CAR online auction services using it solely for emergency purposes and to ensure your safety during participation in activities.

ELECTRONIC ACCEPTANCE

These Terms are accepted electronically during registration and use of the platform. Quote My Car records the acceptance timestamp, IP address, user agent, and agreement hash as the signature record.

Terms and Conditions