IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002 (hereinafter the "ECT Act")AND THE COMMON LAW THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE WHEELS2BUY WEBSITE OR USE THE SERVICE THROUGH THE WHEELS2BUY WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE WEBSITE IMMEDIATELY AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
The Wheels2buy’s Website is owned and operated by Wheels2buy CC
1. DEFINITIONS AND INTERPRETATION
In this agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
1. "Wheels2buy” Wheels2buy CC, reg. no. 2008/102034/23 of 1046 Hertzog Street, Villieria, Pretoria, Gauteng, South Africa;
2. "Website" means the Wheels2buy Website, including the services available on and through the Website and any page, part or element thereof;
3. "User" means any person who enters or uses the Website;
4. "Products" means any actual products and/or services purchased through the use of the Website;
5. “Fraud” includes fraud, dishonesty and deceit and in particular:
1. knowingly supplying incorrect information;
2. attempting to accrue rebates for products purchased by any person other than the Member;
3. selling, bartering and/or purchasing products including attempting to sell or transfer products by means of internet based sales or auctions; or
4. Knowingly benefiting from the Fraud or Misconduct of another Member or individual.
6. References herein to the singular includes the plural and vice versa; and
7. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non- operational, shall not affect the validity of this agreement and the interpretation of the said terms and conditions
2. GENERAL
1. Wheels2buy is a web based online vehicle marketing tool.
2. Wheels2buy provides the information included in this Website and advertises and Promotes the products to you, but always subject to the terms and conditions set out herein.
3. ALLOWED USE AND LICENSE
1. Wheels2buy licenses the User to view, download, and print the content of the Website provided that such use is for private, personal, educational, and/or non-commercial purposes only.
2. Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Wheels2buy.
3. Users may only access, browse and use the Website for the permitted purposes and in particular, may not use the Website for:
1. Harmful purposes;
2. Illegal purposes;
3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
4. The creation, storage and sending of unsolicited commercial communications.
4. The caching of the Website shall only be allowed if:
1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
2. The cached content is not modified in any manner whatsoever;
3. The cached content is updated at least every 12 (twelve) hours; and
4. The cached content is removed or updated when so required by Wheels2buy.
5. If any User uses content from the Website in breach of the provisions detailed herein:
1. Wheels2buy reserves the right to claim damages from the User;
2. Wheels2buy reserves the right to lay a criminal charge against the User; and
3. Wheels2buy shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User, in breach of the provisions of this agreement.
6. Hyperlinks to the Website from any other source shall be directed at the home page of the Website.
7. Wheels2buy shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Website, if such content, products or services were accessed through a hyperlink not directed at the home page of the Website. Persons wishing to link to pages beyond the home page of the Website without Wheels2buy’s prior written consent shall do so at their own risk and indemnify Wheels2buy against any loss, liability, or damage that may result from the use of such hyperlinks. Wheels2buy refusal to accept liability for deep linking is because deep links bypass these terms and conditions of use of the Wheels2Buy Website.
8. Wheels2buy does not guarantee the prices of any vehicles, services providers and vendors who are listed on the Wheels2buy website.
9. No person may, without the prior written consent of Wheels2buy, frame the Website in any manner whatsoever.
10. Apart from bona-fide search engine operators and use of the search facility provided on the Website for Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of Wheels2buy.
11. Email addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Wheels2buy and all rights detailed in section 45 of the ECT Act are reserved.
12. All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Wheels2buy at any time without prior notice or reasons.
13. Access to the Website is free.
14. The User agree that all instructions, consents and other communications (hereinafter "the communication") which purport to originate from the User or a person who had authority to act on the User's behalf (unless it is proved by you that such information system did not properly execute such communication) (hereinafter "the originator") and which communications are sent to Wheels2buy electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall nevertheless be deemed to have been given by the originator in the form actually received by Wheels2buy and you will be bound by such instruction with no liability of whatever nature attaching to Wheels2buy in regard thereto.
15. The User waive any rights that he may have or obtain against Wheels2buy arising directly or indirectly from any loss or damage of whatsoever nature which he or she may suffer as a result of the fact that Wheels2buy acts on the Users communication(s) purported to emanate from the User and the User indemnify Wheels2buy against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User, arising as a result of the fact that Wheels2buy has acted on such communication(s).
4. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property on the Website, including but not limited to content, trademarks (whether registered or not), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Wheels2buy and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in Clause 2, all other rights to intellectual property on the Website are expressly reserved in favour of Wheels2buy.
2. No person shall amend copy, use, decompile and/or reverse engineer the source code of the Website.
3. No person may use logos, icons, or trademarks from the Website as hyperlinks or other purposes without Wheels2buy’s prior written consent.
5. SOFTWARE AND EQUIPMENT
1. It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and /or download content from the Website.
6. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
1. Access to the Website may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Wheels2Buy has, amongst others, the duty to disclose the following information, which information is hereby disclosed as follows:
1. Full name and legal status of the Website: Wheels2buy CC is a Closed Corporation
2. Registration number: 2008/102034/23
3. Physical address for receipt of legal service: 1046 Hertzog Steet, Villieria, Pretoria, Gauteng, South Africa
4. Postal address: PO Box 31016, Waverley, 0135
5. Owner: Christa Brits
6. Telephone number: 0861 333 999
7. Fax number: 086 698 3999
8. Website: www.wheels2buy.co.za
9. Email address: christa@wheels2buy.co.za
7. ORDERS, PROCESS, DELIVERY AND RISK
1. Prices reflected on the Website include VAT.
2. Prices displayed may vary or change without prior notice. Wheels2buy uses its utmost endeavors to ensure that pricing indicated on the Website are correct. Incorrect prices may however be reflected from time to time and Wheels2buy will not be obligated to sell products at incorrectly reflected prices. Wheels2buy reserves the right to revoke any offer or correct ant mistake at the sole discretion of Wheels2buy.
3. The advertising of products via the Website merely constitutes an invitation by Wheels2buy for the User to make an offer to purchase products and Wheels2buy may, in its sole and absolute discretion, reject any order without giving reasons.
4. By merely adding products to the basket the User is under no obligation to purchase such items from Wheels2buy.
5. The User will be able to verify and edit or remove the contents of the basket prior to proceeding to checkout.
6. Wheels2buy will make every effort to source the requested product, but Wheels2Buy cannot guarantee the availability of any product and all orders are subject to stock availability.
8. CHANGES AND AMENDMENTS
1. Wheels2buy reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
1. change these terms and conditions;
2. change the content and/or service available from the Website;
3. discontinue any aspect of the Website or service(s) available from the Website; and/or
4. change the software and hardware required to access and use the Website.
9. PRIVACY
1. Wheels2buy shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause; "personal information" shall bear the meaning as defined in Section 1 of the ECT Act.
2. Wheels2buy may electronically collect, store, process and use the following personal information of Users:
1. name and surname;
2. area code;
3. street address;
4. postal address;
5. title;
6. contact numbers;
7. non-personal browsing habits and click patterns;
8. e-mail address; and / or
9. IP address.
10. ID number
3. Wheels2buy collects, stores and uses the abovementioned information for the following purposes:
1. Communicate requested information to the User;
2. Provide services to the User as requested by the User;
3. Authenticate the User;
4. Provide the User with access to restricted pages on this Website; and / or
5. Compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.
4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
5. Wheels2buy may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
6. Wheels2buy shall not disclose the User's personal information to third parties , unless the User consents thereto
7. Wheels2buy shall disclose personal information without the User's consent only through due legal process; and
8. Wheels2buy may compile, use and share any information that does not relate to any specific individual.
9. Wheels2buy owns and retains all rights to non-personal statistical information collected and compiled by Wheels2buy.
10. HYPERLINKS TO THIRD PARTY SITES
1. Wheels2buy may provide hyperlinks to Websites not controlled by Wheels2buy ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.
2. Wheels2buy does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, and inability to use or content available on or through target sites.
11. SECURITY
1. Wheels2buy shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Wheels2buy does not make any warranties or representations that content shall be 100% safe or secure.
2. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, Wheels2buy is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.
3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
4. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Wheels2buy harmless against any and all liabilities, damages, risks and losses that Wheels2buy and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
5. Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Website and Wheels2buy reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
6. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by Wheels2buy and its partners / affiliates due to or related to these illegal actions.
12. DISCLAIMER AND LIMITATION OF LIABILITY
1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Wheels2Buy (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, (direct, indirect, special or consequential) to property or to any person, or any loss or liability of any nature incurred by whomever and resulting from:
1. access to the Website;
2. inability to access the Website
3. content available on the Website;
4. the use of products and services available from the Website;
5. goods, products and / or services purchased from the Website
6. any other reason not directly related to Wheels2buy gross negligence.
2. The User hereby indemnifies and holds Wheels2buy harmless against all claims of whatever nature and howsoever arising, including costs and expenses (which include costs on an attorney and own client scale) incurred as result of injury, loss or damage (whether direct or indirect, consequential or otherwise) to person or property suffered by the User or it employees, agents, guests or any member of the public as a direct, indirect or consequential result of any one or more of the items referred to in Clause 13.1 above. and Wheels2buy at no stage be held liable by the User for any such claims, actions, damages or losses.
3. The Wheels2buy Website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Wheels2buy, that the content available from and through the Website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
4. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Wheels2buy and Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
5. Wheels2buy does not make any warranties or representations that the contents and services available from the Website shall in all cases be true, correct or free from any errors. Wheels2buy shall, however, take all reasonable steps to ensure the quality and accuracy of content available from the Website.
6. Wheels2buy does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of Wheels2buy, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
7. Wheels2buy does not make any warranties or representations regarding the goods, products and services available from the Website.
13. REMOVAL AND CORRECTION OF CONTENT
1. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Website to Wheels2buy and Wheels2buy undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides sufficient information to substantiate the alleged objectionable nature of the content.
14. INTERCEPTION OF COMMUNICATIONS
1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User consents and agrees to Wheels2buy’s right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" as defined in the ECT Act) send or posted by the User to the Website, its staff and employees.
2. The User agrees and acknowledges that the consent provided by the User in clause 15.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act. |