Terms and Conditions

Last updated: 17 June 2026

1. Introduction

Welcome to Whip ("we", "us", "our"). Whip is an online vehicle-deal brokerage platform operated in the Republic of South Africa. By accessing or using our website at whipcars.co.za (the "Platform"), submitting a quote request, or creating an account, you ("User", "you", "your") agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately stop using the Platform.

2. Nature of the Service

Whip acts solely as an intermediary / broker between prospective new-vehicle buyers ("Buyers") and franchised or independent motor vehicle dealerships ("Dealers"). Whip:

• does not sell, own, or hold stock of any vehicle;
• does not guarantee that any Dealer will submit a quote;
• does not guarantee that any quoted price will be lower than the published list price;
• does not enter into any sale agreement on behalf of a Dealer or a Buyer; and
• is not a party to any transaction concluded between a Buyer and a Dealer.

Any binding sale agreement is concluded solely between the Buyer and the relevant Dealer and is subject to the Dealer's own terms and conditions and any applicable legislation, including the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008 ("CPA").

3. Eligibility and Registration

To use the Platform you must:

• be at least 18 years of age;
• be a natural person or a duly authorised representative of a juristic person;
• be legally capable of entering into binding contracts under South African law; and
• provide accurate, complete, and current registration information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at info@whip.co.za if you suspect any unauthorised use of your account.

4. Quote Request Process

You select a vehicle make, model, and trim level on the Platform and submit a quote request together with your contact details and any preferences.

Whip forwards your specifications to one or more Dealers who may be able to supply the vehicle.

Dealers respond directly to Whip with their quoted prices and availability. Whip presents these offers to you through the Platform.

You are under no obligation to accept any offer. Acceptance of an offer and any resulting purchase agreement is a matter solely between you and the chosen Dealer.

All vehicle prices displayed on the Platform are list prices (manufacturer's or importer's suggested retail price) and are provided for reference only. Actual transaction prices are subject to negotiation between you and the Dealer.

5. Accuracy of Information

While we endeavour to keep vehicle specifications, prices, and images accurate and up to date, we make no warranty — express or implied — as to the completeness, accuracy, reliability, suitability, or availability of any information on the Platform. Vehicle images are representative of the model range and may not reflect the exact trim level selected. Specifications may change without notice.

6. Consumer Protection Act

Where the CPA applies to any interaction on this Platform, nothing in these Terms limits, excludes, or waives any right you may have under the CPA. To the extent of any conflict between these Terms and the CPA, the CPA prevails.

7. Protection of Personal Information (POPIA)

Whip processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). By using the Platform you consent to the collection, storage, and processing of your personal information as described in our Privacy Policy. In summary:

• We collect your name, email address, and phone number for the purpose of facilitating quote requests.
• We share your contact details with Dealers only to the extent necessary to obtain quotes on your behalf.
• You have the right to access, correct, or request the deletion of your personal information by contacting us at info@whip.co.za.
• We implement reasonable technical and organisational measures to protect your personal information against loss, unauthorised access, and unlawful processing.

8. Electronic Communications and Transactions Act (ECTA)

This Platform and these Terms are governed, where applicable, by the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). Your submission of a quote request constitutes an offer in terms of ECTA and you may withdraw such offer at any time before it is accepted by a Dealer.

9. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, icons, images, and software, is the property of Whip or its licensors and is protected by applicable South African and international intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Platform without our prior written consent.

10. Prohibited Conduct

You agree not to:

• submit false, misleading, or fraudulent information;
• use the Platform for any unlawful purpose or in breach of any applicable law;
• attempt to gain unauthorised access to any part of the Platform or its related systems;
• transmit any harmful, offensive, or disruptive code or content;
• use any automated scraping, crawling, or data-extraction tools without our written consent; or
• impersonate any person or entity.

11. Third-Party Dealers

Dealers listed or participating on the Platform are independent third parties. Whip does not endorse any Dealer and is not responsible for the conduct, representations, warranties, or after-sales service of any Dealer. Any dispute arising from a transaction between you and a Dealer must be resolved directly with that Dealer, and where applicable, through the Motor Industry Ombudsman of South Africa (MIOSA) or the National Consumer Commission (NCC).

12. Limitation of Liability

To the maximum extent permitted by South African law:

• Whip's total aggregate liability to you arising out of or in connection with these Terms or the use of the Platform shall not exceed R 1 000 (one thousand rand).
• Whip shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of data, or loss of opportunity.
• Whip is not liable for any failure or delay caused by circumstances beyond our reasonable control (force majeure), including load-shedding, internet outages, or natural disasters.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for any liability that cannot lawfully be excluded under South African law.

13. Indemnity

You agree to indemnify, defend, and hold harmless Whip, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your use of the Platform, your breach of these Terms, or your violation of any applicable law.

14. Links to Third-Party Websites

The Platform may contain links to third-party websites. These links are provided for your convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Amendments

We reserve the right to amend these Terms at any time. Amendments will be effective immediately upon posting to the Platform. Your continued use of the Platform after any amendment constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have breached these Terms or any applicable law. Upon termination, all licences and rights granted to you under these Terms will immediately cease.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably submit to the exclusive jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of or in connection with these Terms.

18. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute is not resolved within 30 (thirty) days of written notice, either party may refer the matter to mediation or, failing that, to the competent South African courts. Nothing herein prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed from the remainder, which shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Whip regarding your use of the Platform and supersede all prior representations, understandings, or agreements, whether oral or written.

21. Contact Us

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

• Email: info@whip.co.za
• Website: whipcars.co.za/contact