Terms of Service
Welcome to Halesahcars, operated through magalimoto.xyz These Terms of Service ("Terms") govern your access to and use of Halesahcars. By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with these Terms, you must not use Halesahcars.
1. Nature of the Platform
Halesahcars is an online vehicle classifieds and listing platform operating in Malawi. The Platform acts solely as a digital bulletin board that allows vehicle sellers to advertise vehicles and potential buyers to discover and contact sellers.
Halesahcars:
- Does not own the vehicles advertised on the Platform.
- Does not inspect or physically verify vehicles.
- Does not guarantee the condition, mileage, history, ownership, authenticity, legality, or roadworthiness of any vehicle.
- Does not process or hold payments between buyers and sellers.
- Does not collect deposits or purchase prices on behalf of sellers.
- Does not facilitate the transfer of vehicle ownership or title.
- Does not act as a vehicle dealer, broker, agent, or representative of buyers or sellers.
- Is not a party to any agreement or transaction between a buyer and seller.
- Does not guarantee that a seller will complete a transaction or that a buyer will make a purchase.
All negotiations, inspections, payments, ownership transfers, and other transactions take place directly between buyers and sellers.
2. Eligibility and User Accounts
You must provide accurate information when creating an account or using the Platform.
You agree that:
- Information provided to Halesahcars must be truthful, accurate, current, and complete.
- You will update your information when it changes.
- You will not create an account using another person's identity or information without authorization.
- You will not allow another person to use your account in a manner that violates these Terms.
- You are responsible for activity conducted through your account.
- You will notify Halesahcars if you believe your account has been accessed without authorization.
Halesahcars reserves the right to refuse registration, suspend an account, restrict access, or terminate an account where we reasonably believe these Terms or applicable law have been violated.
3. Phone Number Login and SMS OTP Security
Halesahcars may use mobile phone numbers and SMS One-Time Passwords ("OTP") to authenticate users.
By using the Platform, you agree that:
- You will provide a mobile phone number that you are authorized to use.
- You will keep access to your registered phone number and SIM card secure.
- You will not share your OTP with another person.
- You will not request, obtain, or use another person's OTP without authorization.
- You will not attempt to bypass, disable, manipulate, or interfere with OTP verification.
- You will not attempt to gain unauthorized access to another user's account.
- You will not use technical methods to circumvent Halesahcars authentication or security controls.
Halesahcars may require OTP verification for registration, account recovery, password or account changes, new-device authentication, security-sensitive activities, or other circumstances determined by the Platform.
Halesahcars may also use trusted-device functionality where available. Users remain responsible for the security of devices they authorize.
We are not responsible for unauthorized access resulting from a user's failure to protect their phone, SIM card, OTP, or authorized device, except to the extent liability cannot lawfully be excluded.
4. Seller Obligations
If you create or publish a vehicle listing, you represent and warrant that:
- You are the legal owner of the vehicle or have lawful authority from the owner to advertise and sell it.
- You have the legal right to offer the vehicle for sale.
- The information provided in the listing is accurate and not misleading.
- The stated price is accurate at the time of publication.
- The mileage information is truthful to the best of your knowledge.
- The description of the vehicle's condition is accurate.
- You will not intentionally conceal material defects or known problems.
- You will not advertise a vehicle that is stolen or illegally acquired.
- You will not upload fraudulent, forged, or misleading ownership documentation.
- You will not impersonate another seller, business, or vehicle owner.
- You will promptly update or remove a listing when the vehicle is no longer available.
You are solely responsible for ensuring that your vehicle listing complies with the laws of the Republic of Malawi.
5. Public Display of Seller Information
Halesahcars is designed to allow potential buyers to contact sellers directly.
By submitting a listing, you expressly acknowledge and consent to Halesahcars publicly displaying information that you provide for the purpose of facilitating buyer-seller communication.
Depending on the information submitted and Platform functionality, this may include:
- Seller name or business name.
- Call/contact phone number.
- WhatsApp number.
- General location or district, such as Lilongwe, Blantyre, Mzuzu, or another Malawian district.
Vehicle information.
- Vehicle photographs and videos.
- Listing description and other information submitted with the listing.
You are responsible for ensuring that you have the legal right and authority to provide the contact information and other content you submit.
If you do not want your personal number publicly displayed, you should use an appropriate business number or dedicated contact number where available.
Halesahcars does not guarantee that information publicly displayed on the Platform will not be copied, shared, or used by third parties.
6. Vehicle Listings
Each listing must contain truthful and relevant information about the vehicle.
Listings may include information such as:
- Make and model.
- Year of manufacture.
- Asking price.
- Mileage.
- Vehicle condition.
- Transmission.
- Fuel type.
- Engine information.
- Location.
- Ownership information where applicable.
- Photographs.
- Videos.
- Seller contact information.
- Other relevant specifications.
You must not deliberately provide false, misleading, incomplete, or deceptive information.
Halesahcars may, but is not obligated to, review listings for compliance with these Terms.
We may edit, reject, restrict, deactivate, or remove a listing if we believe it violates these Terms, applicable law, or the interests and safety of the Platform and its users.
7. Prohibited Listings and Content
You may not use Halesahcars to advertise or promote:
- Stolen vehicles.
- Illegally acquired vehicles.
- Vehicles that you do not have authority to sell.
- Fraudulent or forged documentation.
- Vehicles using deliberately false ownership information.
- False mileage or vehicle history information.
- Misleading vehicle descriptions.
- Fraudulent listings.
- Duplicate or spam listings.
- Illegal goods or services.
- Hate speech or content promoting violence.
- Threatening or abusive content.
- Sexually explicit or unlawful content.
- Malware, malicious code, or harmful software.
- Content that infringes another person's intellectual property or privacy rights.
- Content intended to deceive, defraud, harass, or harm another person.
Halesahcars reserves the right to remove prohibited content without prior notice.
8. Buyer Obligations
As a buyer, you are responsible for conducting your own due diligence before purchasing any vehicle.
You should:
- Inspect the vehicle physically before making payment.
- Verify the identity of the seller.
- Verify that the seller has legal authority to sell the vehicle.
- Verify ownership and relevant vehicle documentation.
- Verify the vehicle's history where reasonably possible.
- Confirm the vehicle's condition independently.
- Confirm the agreed price and transaction terms directly with the seller.
- Use appropriate legal procedures when transferring ownership.
You should never send a deposit, purchase price, or other payment solely because a vehicle appears on Halesahcars.
Halesahcars strongly recommends that buyers inspect and verify a vehicle before making any payment.
9. Off-Platform Communication and Transactions
Communication between buyers and sellers may take place through:
- Phone calls.
- WhatsApp.
- In-person meetings.
- Other communication methods selected by the users.
- Halesahcars does not control or monitor private communications between buyers and sellers.
- All negotiations, inspections, payments, deposits, ownership transfers, delivery arrangements, and other transaction activities occur independently of Halesahcars.
- You acknowledge that Halesahcars has no control over:
- What a seller tells a buyer.
- What a buyer tells a seller.
- Whether either party performs their promises.
- Whether payment is made.
- Whether a vehicle actually exists.
- Whether documentation provided by a user is genuine.
- Whether a transaction is completed.
You assume the risks associated with dealing directly with another user.
10. Scams, Fraud and Disputes
Halesahcars takes reasonable steps to maintain a safer marketplace but cannot guarantee that every listing, seller, buyer, telephone number, photograph, document, or statement is genuine.
Halesahcars is not responsible for scams, fraud, impersonation, theft, misrepresentation, or other misconduct committed by users.
If you believe you have been defrauded or threatened, you should preserve relevant evidence and report the matter to the appropriate authorities in Malawi.
Any dispute arising from a transaction between a buyer and seller must be resolved between those parties.
Halesahcars is not a party to the transaction and is not obligated to mediate or resolve private disputes.
11. Prohibited User Activities
You agree not to:
- Scrape or harvest listings or user information without authorization.
- Use bots, crawlers, automated systems, or similar technologies to collect Platform data.
- Copy or reproduce substantial portions of the Halesahcars database.
- Build a competing service using data obtained from Halesahcars.
- Spam users.
- Send unsolicited commercial communications using information obtained from the Platform.
- Create fake accounts.
- Create fake listings.
- Manipulate listings, views, or engagement.
- Impersonate another person or business.
- Attempt unauthorized access to another account.
- Attempt to bypass OTP or other security controls.
- Reverse engineer or interfere with the Platform.
- Introduce malware or malicious code.
- Circumvent technical restrictions.
- Use Halesahcars for unlawful purposes.
- Collect or use another person's personal information unlawfully.
- Harass, threaten, abuse, or intimidate other users.
12. User Content and Intellectual Property
Users retain ownership of content they lawfully submit to Halesahcars, including their photographs, videos, vehicle descriptions, and other listing content.
By uploading or submitting content to Halesahcars, you grant Halesahcars a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, format, and otherwise use that content as reasonably necessary to operate, promote, maintain, and improve the Platform.
You represent that you have the necessary rights and permissions to upload and authorize Halesahcars to use the content.
You must not upload content that infringes another person's copyright, trademark, privacy, publicity, or other legal rights.
13. Halesahcars Intellectual Property
Unless otherwise stated, Halesahcars owns or has the necessary rights to use the Platform's:
Name and branding.
- Logos.
- Website design.
- Software and code.
- User interface.
- Platform structure.
- Original text.
- Graphics.
- Database structure.
- Other proprietary materials.
You may not copy, reproduce, modify, distribute, sell, license, reverse engineer, or commercially exploit Halesahcars intellectual property without prior written authorization.
14. Account Suspension and Listing Removal
Halesahcars may, at its discretion and to the extent permitted by law:
- Reject a listing.
- Remove a listing.
- Hide or deactivate a listing.
- Restrict account functionality.
- Suspend an account.
- Permanently terminate an account.
- Block access to the Platform.
- Take other reasonable security or enforcement measures.
These actions may be taken where Halesahcars believes that a user:
- Violated these Terms.
- Provided false information.
- Posted fraudulent or suspicious listings.
- Attempted to circumvent security controls.
- Engaged in abusive or harmful conduct.
- Used the Platform unlawfully.
- Created a security or safety risk.
- Misused another person's information.
Where appropriate, Halesahcars may preserve relevant information and cooperate with lawful requests from competent authorities.
15. Third-Party Services and Links
Halesahcars may rely on or integrate third-party services, including communication, SMS/OTP, hosting, analytics, mapping, social media, WhatsApp, payment-related, or other technology providers.
Third-party services may have their own terms and privacy policies.
Halesahcars is not responsible for the availability, security, performance, or policies of third-party services to the extent permitted by law.
Links to third-party websites or services do not constitute an endorsement or guarantee by Halesahcars.
16. Privacy and Personal Information
Halesahcars may collect and process information necessary to operate the Platform, including account information, phone numbers, authentication information, listing information, technical information, and other information described in our Privacy Policy.
Some information submitted by sellers may be publicly displayed as described in Section 5.
Users should review the Halesahcars Privacy Policy for information about how personal information is collected, used, stored, protected, and disclosed.
You should not submit sensitive personal information in a public vehicle listing unless it is necessary and you have the legal right to provide it.
17. Disclaimer of Warranties
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis.
To the maximum extent permitted by applicable law, Halesahcars makes no warranties or guarantees regarding:
- The accuracy of vehicle listings.
- The identity or legitimacy of users.
- The ownership of vehicles.
- The condition of vehicles.
- The mileage or history of vehicles.
- The legality of a vehicle.
- The availability of a vehicle.
- The ability of a seller to complete a transaction.
- The ability of a buyer to complete a transaction.
- The uninterrupted availability of the Platform.
- The absence of errors, security vulnerabilities, or technical problems.
The publication of a listing does not constitute an endorsement, verification, recommendation, or guarantee by Halesahcars.
18. Platform Availability and Maintenance
Halesahcars may modify, suspend, restrict, or discontinue all or part of the Platform at any time.
The Platform may occasionally be unavailable due to:
- Maintenance.
- Updates.
- Security measures.
- Technical problems.
- Hosting or infrastructure failures.
- Third-party service interruptions.
- Internet or telecommunications failures.
- Circumstances beyond our reasonable control.
- Halesahcars does not guarantee continuous or uninterrupted availability.
19. Limitation of Liability
To the maximum extent permitted by the laws of the Republic of Malawi, Halesahcars, its owners, operators, employees, contractors, affiliates, and service providers shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of business, financial losses, or other losses arising from:
- Your use of the Platform.
- Your inability to use the Platform.
- Vehicle listings.
- Transactions between users.
- Fraud or scams committed by users.
- Communications between users.
- Vehicle defects or damage.
- Incorrect or misleading information provided by users.
- Unauthorized conduct of other users.
- Third-party services.
- Platform interruptions or technical failures.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
20. Indemnification
You agree to indemnify and hold harmless Halesahcars, its owners, operators, employees, contractors, affiliates, and service providers from claims, losses, damages, liabilities, costs, and reasonable legal expenses arising from or related to:
- Your violation of these Terms.
- Your unlawful use of the Platform.
- Your listing of a vehicle that you do not legally own or have authority to sell.
- False or misleading information submitted by you.
- Content uploaded by you.
- Your violation of another person's rights.
- Your communications or transactions with another user.
- Your fraudulent or negligent conduct.
This obligation applies to the extent permitted by applicable law.
21. No Endorsement or Agency Relationship
The presence of a vehicle, seller, buyer, business, advertisement, or other content on Halesahcars does not mean that Halesahcars endorses, recommends, verifies, or guarantees that person, vehicle, business, or content.
Use of Halesahcars does not create an employment, partnership, joint venture, agency, brokerage, dealership, or representative relationship between Halesahcars and any user.
22. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Malawi.
Subject to any mandatory rights or procedures provided by applicable law, legal disputes arising from these Terms or your use of the Platform shall be subject to the jurisdiction of the competent courts of Malawi.
23. Changes to These Terms
Halesahcars may modify these Terms from time to time.
When changes are made, we may update the "Last Updated" date displayed on this page.
For significant changes, Halesahcars may provide additional notice through the Platform or other reasonable means where appropriate.
Your continued use of Halesahcars after updated Terms become effective constitutes acceptance of the revised Terms.
24. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable, where permitted by law.
The remaining provisions shall continue in full force and effect.
25. Entire Agreement
These Terms, together with any applicable Privacy Policy, Safety Guide, and other policies or rules expressly incorporated into these Terms, constitute the agreement between you and Halesahcars concerning your use of the Platform.
If there is a conflict between these Terms and another Halesahcars policy, the applicable policy shall govern only to the extent specifically stated in that policy.
26. Contact Information
If you have questions, concerns, or complaints regarding these Terms or Halesahcars, you may contact us through the Contact Us / Contact Support form available on the Platform.
Halesahcars may also provide additional contact methods through the Platform.
Important Safety Notice
Halesahcars is a listing platform, not a vehicle dealer or payment intermediary.
Before purchasing a vehicle, buyers should:
1.Meet the seller in a safe location.
2.Inspect the vehicle physically.
3.Verify the seller's identity.
4.Verify ownership and vehicle documentation.
5.Verify the vehicle's history where possible.
6.Confirm the vehicle's condition independently.
7.Avoid sending deposits or full payment before proper verification.
8.Use appropriate legal procedures when completing ownership transfer.
Never assume that a vehicle is verified simply because it appears on Halesahcars.