Terms of Use



TERMS AND CONDITIONS

 

1 CONSENT/GENERAL

1.1  www.vehicular.co.za is the lawful property of Jerry Boyd (Pty) Ltd with registration number 2016/425445/07.

1.2  By signing up, publishing and using www.vehicular.co.za (hereinafter referred toas “the website”), all persons and entities (hereinafter referred to as “the user”)consents to the terms and conditions contained herein without qualification or exception.

1.3  By signing up, publishing and using the website; the user agrees to be bound by and shall be deemed to have acknowledged, read and understood the terms and conditions. It remains the duty of the user to review the terms and conditions.

1.4  In the event that the user does not agree with the terms and conditions, the user is hereby requested to immediately:

1.4.1  refrain from further use of this website; and/or

1.4.2  exit the website; and/or

1.4.3  make use of another website.

1.5  The website may from time to time amend the terms and conditions without any notice to the user and further use by the user shall be regarded as their consent to the amended terms and conditions.

1.6  The website will take the necessary precautions to ensure the safety of the website, however, it does not warrant or guarantee that the website is free from viruses, worms, trojan horses or any other code that contains contaminating or destructive intent. The user holds the sole responsibility of continuously maintaining protection measures against the aforesaid threats.

1.7  Any and all interaction with the website shall be done in a protective state as to avoid the contamination and distribution of viruses, worms, trojan horses or any other code that contains a contaminating or destructive intent.

1.8  The user agrees to deal with the information and/or products contained on the website in a manner that abides by all the applicable laws of South Africa.

1.9  The website is entitled to the use of various agents in the operation and maintenance of the website.

1.10  Jerry Boyd (Pty) Ltd and the website are committed to the continuous maintenance and optimisation the website to improve its customer experience, and to improve the quality and quantity of content.

1.11  Jerry Boyd (Pty) Ltd and the website reserves the right to cancel and/or cease offering any of the aforesaid services and/or products, without notification and/or justification of its removal.

1.12  The user agrees and understands that communication takes place on an electronic platform, therefore, the user consents to our electronic communication, be it, notices, disclosures, and any other communication to ensure the management of the website.

1.13  These terms and conditions specifically supersede and immediately terminate any previous agreements concluded between the website and the user.

1.14  In certain instances, the website may apply terms and conditions for certain services and/or products, such as but not limited to policies for certain events, activities and/or promotions. The user will be informed of these terms and conditions when and where they are applicable. When terms and conditions are applied to certain event, activity or promotion, in the event of a conflict between these terms and conditions and those applicable terms and conditions, these terms and conditions will prevail.

1.15  All the original terms and conditions have been drafted in English, which may be translated into other languages. In the event of a conflict between any and all translations, the original English version shall stand.

2. NATURE OF WEBSITE

2.1 The nature of the website is hereby described as the following, namely:

2.1.1  Creating a digital platform to advertise the sale and trade of new vehicles, the sale and trade of used and pre-owned motor vehicles;

2.1.2  Creating, facilitating, maintaining and optimizing the communication between sellers, buyers and traders of new, used, pre-owned, and trade motor vehicles;

2.1.3  Organizing the website in such a manner that sellers and buyers are easily accessible; and

2.1.4  Creating simplicity when either buying or selling a used or pre-owned motor vehicle;

3. GOVERNING LAW

3.1  The usage, terms, and conditions of the website are governed by the laws of the Republic of South Africa.

3.2  The user consents irrevocably and unconditionally to the jurisdiction of the courts of the Republic of South Africa for any/all matters arising from the use of this website.

4. PRINCIPAL CONTACT ADDRESS

4.1 Jerry Boyd (Pty) Ltd is a juristic person incorporated in terms of the company laws of the Republic of South Africa with its postal address at: Ridgeway Extension 4, Jansje Street, Johannesburg, Gauteng, South Africa.

5. FORMATION OF AGREEMENT

5.1  The user must be the minimum age of 18 years of age to enter into and form a legally binding contract with Jerry Boyd (Pty) Ltd and/or the website.

5.2  Any agreement concluded between Jerry Boyd (Pty) Ltd and/or website and the user shall be concluded at the time when and place where the acceptance of the offer was received by the offeror.

5.3  Any such agreement shall not be without legal effect merely because it is in the form of a data message and is not evidenced by an electronic signature but by means of a person's (juristic or otherwise) intent.

5.4  The user agrees to provide factual, correct and complete information as may be requested by the registration process, and when necessary, maintain and promptly update the registration and/or profile information in order to maintain accuracy and completeness of the website database.

5.5  In the event that the user knowingly provides any information that is false or incomplete, Jerry Boyd (Pty) Ltd and/or the website reserves the right to terminate the agreement between the website and the user.

6. PUBLICATION OF A LISTING

6.1  Every and all listings by users shall be subject to the approval of the website and/or their appointed agent before the posting is published live on the website.

6.2  The website reserves the right to request amendments to any listing in order to maintain the standard and integrity of the website. In the event that the user fails/neglects/refuses to amend the listing, the website reserves the right to remove the listing without any notice to the user.

6.3  The user confirms that the content belongs to the user and/or holds a license/express consent to the content in the publication.

6.4  The user agrees that the website and/or its agents may request all supporting documentation.

6.5  The user may not create links to other websites and/or resources.

7. ADVERTISING AND ADVERTISING STANDARD

7.1 The user hereby declares the following in relation to their advert/publication:

7.1.1  It is legal, decent, honest and truthful;

7.1.2  It is not misleading and does not amount to puffery or a hyperbole;

7.1.3  When claiming expert opinion that proof as an expert will be provided;

7.1.4 Complies with the principles of fair competition;

7.1.5  Does not bring advertising into disrepute, and/or reduce confidence in the advertising industry;

7.1.6  Does not expose the financial, commercial, scientific, technical information and trade secrets of a third party;

7.1.7  Does not amount to disparagement or comparative advertising;

7.1.8  Does not amount to the exploitation of the advertising goodwill of another advertisement;

7.1.9  Does not amount to the imitation of a local or international advertisement.

7.2  The website shall not be liable in the event that the user fails/neglects/refuses to comply with the aforesaid.

7.3  Jerry Boyd (Pty) Ltd and the website reserves the right to publish advertisements on the website, through other online and offline advertisement distribution channels which may include third parties. Jerry Boyd (Pty) Ltd and the website may from time to time cooperate with other media partners which will not require the consent of the user.

7.4  Jerry Boyd (Pty) Ltd and the website reserve the right to convert and advertise across a variety of mechanisms and devices.

7.5  Jerry Boyd (Pty) Ltd and the website reserve the right to make changes to the advertisement be it, but, not limited to, the position, sign or placement of the advertisement.

7.6  Depending on the availability of certain advertisements, the user may not require advertisement for a specific period, however, the website will make every effort to advertise within the desired period of publication.

8. PUBLICATION STANDARD

8.1 In the event that the user enters a publication on the website, the user declares:

8.1.1  Their publication is their own work or that of their authorised representative;

8.1.2  Their publication does not contain sensitive information of a third party;

8.1.3  The content of their publication does not infringe on a person's race, ethnicity, sexual orientation, religious belief, and physical disability;

8.1.4  Does not disclose the financial, operational and legal information of a third party;

8.1.5  Their publication shall promote healthy and honest discourse between readers of the publication;

8.1.6  It at all times upholds the intellectual property rights of third parties; and

8.1.7 At all times upholds the principles of integrity, professionalism, privacy, and impartiality.

8.2 The user grants Jerry Boyd (Pty) Ltd and the website the non-exclusive license to all submitted publications to use, reproduce, adapt, distribute, publish in any form, deal with the work for general advertising and promotions both locally and internationally.

9. INTELLECTUAL PROPERTY OF WEBSITE AND JERRY BOYD (PTY) LTD

9.1 The user acknowledges that Jerry Boyd (Pty) Ltd and/or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the website, including but not limited to; copyright, trademarks, patents, designs, goodwill and trade secrets, more specifically, Jerry Boyd (Pty) Ltd specifically informs the public that it is the proprietor of the following trade mark, namely:

9.1.1 VEHICULAR (TM NO: 2018/25814).

9.2 The user acknowledges that he/she/it/they may not without the prior written consent of the website and/or Jerry Boyd (Pty) Ltd, use, reproduce, adapt, distribute, publish in any form, deal with or interfere with its intellectual property.

10. INTELLECTUAL PROPERTY OF USER

10.1  The user confirms that any copyright, trademarks, patents, designs, goodwill, and trade secrets published by the user on the website is the property of the user and/or they have a legal right to the Intellectual property.

10.2  The user agrees that the website retains the right to immediately remove any intellectual property on receipt of a take-down notice and/or after receiving a complaint from the intellectual property holder.

10.3  The user consents to and allows the website to make use of the user’s intellectual property subsisting in but not limited to; copyrights, trademarks, patents and designs for marketing purposes on both the local and international websites.

11. LIABILITY OF THE WEBSITE

11.1  The website does not guarantee the postings, accuracy of postings, the safety of communication, the quality of communication or the legality of communication on the website.

11.2  Any transaction, agreement, understanding, and contract remains the business between the users, and/or any third party.

11.3  The website does not guarantee a continuous and/or secure access to the services of the website.

11.4  The website cannot guarantee unsolicited goods, services and/or communication through the use of the website.

11.5  No advice, assurance, recommendation or guidance can be provided by the website, and where such advice, assurance, recommendation or guidance is provided the user cannot rely on the accuracy or validity of the advice, assurance, recommendation or guidance, nor can the website accept responsibility for any errors or omissions in the information, advice, recommendations or guidance provided.

11.6  The website cannot guarantee the user business from the website.

11.7  From time to time the website may include information about special offers, incentives or pricing programs, however, in such an instance the website is not responsible for the content of such offers, nor responsible for any errors or omissions in the offer or description.

11.8  It is the duty of the user to use extreme caution before sharing personal information with other users of the website, as the website does not conduct personal checks, screenings or criminal background checks, nor does the website inquire into any statements made by users. The website reserves its right to conduct background checks and screenings, and where necessary to involve and/or alert law enforcement agencies.

11.9  The website will not be held liable for any user who under the age of 18 years of age improperly accesses the website.

11.10  The website will not and expressly disclaims any liability to a user for any content, information, text, graphic, images, audio, video or any other material a user uploads to the website.

11.11  The website will not be liable for any or all delays, interruptions, service failures or other problems inherent in the use of the internet, electronic communications or other systems which are out of the control of the website.

11.12  The number of daily/weekly/monthly/yearly visitors to the website cannot be guaranteed by the website.

12. AGREEMENTS/QUOTES/PAYMENTS BETWEEN USERS

12.1  The website shall in no manner or form become a party to any agreement reached between the users and/or third parties.

12.2  The website shall not deal with any contractual complaints or disagreements between users and/or third parties.

12.3  The website shall not provide quotes of a user and does not guarantee the quotes provided by the users of the website.

12.4  No payments will be received on behalf of a user.

13. PERSONAL AND BUSINESS INFORMATION

13.1 The user hereby consents to any and/all collection, collation, processing, the disclosure of any personal and business information.

13.2  The user consents to the disclosure of information that is requested, collected, collated, processed or stored.

13.3  The user consents to the international disclosure of information requested, collected, processed or stored.

13.4  Use of personal and business information shall only be for the purpose for which it was disclosed.

13.5  The website shall keep a record of personal and business information that it used together with its purpose.

13.6  The website will not disclose personal and business information to a third party unless required, permitted by law or authorized by the user.

13.7  The website may delete and destroy all personal and business information which has become obsolete.

13.8  The website may compile profiles for statistical purposes, may trade freely with such profiles and statistical data.

14. CACHING/COOKIES CONSENT

14.1 The user consents to the automatic, intermediate, temporary storage of data, where the purpose of storing is to make onward/future transmission of data more efficient.

15. HOSTING

15.1 The website shall not be held liable for damages arising from data stored as a result of the service provided by the website.

16. INFORMATION LOCATION TOOLS

16.1 The website shall not be held liable for damages arising from links, referrals, links to infringing data messages, infringing activity, using information location tools, including a directory, index, reference, pointer, hyperlink.

17. WARRANTY

17.1  The website does not give any warranty of any representations, conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and/or those arising from statute.

17.2  The use of the website and its software is used at the sole risk of the user which isprovided “as is”.

17.3  Jerry Boyd (Pty) Ltd/the website/ subsidiaries / agents/ affiliates /officers/ employees/ agents/ partners/ and licensors disclaim any and all warranties of any kind whether express or implied including but not limited to any implied, including but not limited to any implied warranties of title, merchantability or fitness.

17.4 Jerry Boyd (Pty) Ltd/the website/it subsidiaries / agents/ affiliates /officers/ employees/ agents/ partners/ and licensors make no such warranties that the services provided will meet the requirements of the user, that the services will not be uninterrupted, timely, secure or error-free, that the service will be accurate or reliable, or meet the expectations of the user.

18. MODIFICATIONS

18.1  The website reserves the right at any time to modify or delete a listing.

18.2  The user has the right to demand the removal and/or deletion of content from the website.

18.3  The website shall comply with the legitimate removal and/or deletion requests; however, the website shall be entitled to attend to such a request up to 72 hours on receipt of such a request.

18.4  By the use of the website, Jerry Boyd (Pty) Ltd and the website have granted the user a personal, non-transferable non-exclusive license to make use of the object code and/or its software on a single device, you shall not allow any third party to duplicate, alter, modify, create, plagiarize, reverse engineer, reverse assemble, make an attempt to locate or discern the source code, sell, assign, sublicense, grant a security interest in the website and/or object code and/or software.

18.5  The user of the website agrees not to access and/or attempt to access the website through any other interface which is not provided by the website.

19. INDEMNIFICATION

19.1  The user indemnifies the website against any claims or actions arising from other users and/or third parties of the website whose rights or reputations have been damaged due to advertising content, in particular, prohibited content representing a violation of rights and reputation of others.

19.2  The user indemnifies Jerry Boyd (Pty) Ltd and/or the website against all claims, actions, suits, liabilities, costs, and expenses incurred on any account and/or publication.

19.3  Access to any database contained on the website is available to approved users, it is, therefore, the duty of the user to maintain and keep their access information confidential.

19.4  The user shall not hold the website liable for the actions of other users and/or third parties.

19.5  The website shall not be held responsible for any loss, be it but not limited to; loss of money, loss of profit, goodwill, and reputation, special, indirect or consequential damages arising out of the use of the website.

19.6  The website shall not be held liable for any loss or damage including but without being limited to consequential damages which the user may suffer as a result of, without limiting the generality of the aforesaid, any error in or omission from its

publications.

19.7 To the maximum extent permitted by law, the website excludes all implied representations and warranties which, but for these terms, might apply in relation to a user’s use of the website.

20. TAKE DOWN NOTICE

20.1 Any user and/or third party that is of the view that there is an unlawful activity and/or infringement of their intellectual property a take-down notice may be addressed to:

20.1.1 Mr. Peter Balogun – info@vehicular.co.za.
20.2 The takedown notice must contain the following information:

20.2.1  Full name and address;

20.2.2  Written or electronic signature;

20.2.3  Full identification;

20.2.4  Proof of the unlawful activity and/or Intellectual property infringement;

20.2.5  What remedial action is sort;

20.2.6  Telephonic and/or electronic communication details;

20.2.7  A statement that the takedown notice is done in good faith.

20.3  The person (juristic or otherwise) has the right of reply to any purported unlawful activity and/or Intellectual property infringement.

20.4  The website shall not be held liable for the wrong take-down.

20.5  The website shall not be held liable for damages arising as the result of a takedown notice.

21. MALICIOUS ACTS

21.1  The user accepts that he/she/it/they shall not infect the website with viruses, worms, trojan horses, or any other code that will have a malicious, contaminating and/or destructive effect.

21.2  The user agrees not to intercept any data or information held on the website.

21.3  The user agrees not to make use of any method to circumvent a technology prevention measure.

22. MALPERFORMANCE

22.1 Jerry Boyd (Pty) Ltd and/or the website will in so far as possible maintain and

operate the website in a manner that complies with the generally accepted technical standards.

23. NO MONITORING OBLIGATION

23.1  The website retains no duty to monitor data transmitted or stored on the website.

23.2  The website has no obligation to monitor facts, or circumstances of unlawful activity and/or of Intellectual Property infringement.

24. FEES FOR PRODUCTS AND SERVICES OF THE WEBSITE

24.1  Users that visit the website for the purpose of viewing motor vehicles may use this portion of the website free of charge; however, the website reserves its rights to charge fees for these sections and/or part thereof.

24.2  In certain instances, ancillary products and services may attract a transaction fee that will be due and payable at the execution of the transaction.

24.3  Users of the website selling and advertising a motor vehicle will be subject to fees which will vary from time to time. Information regarding fees will be found on the website and/or will be made available upon request.

24.4  The website, however, reserves its right to charge usage fees for special services and site functions.

24.6  Where fees are charged it shall be charged in the currency of the respective country, however, the website reserves their right to charge in other currencies for technical reasons.

24.7  All prices exclude any VAT legally payable and will be added to the final amount presented to the user for payment processing.

24.8  If payment is an international payment, the amount due and payable will exclude those necessary international fees and charges.

25. CONFIDENTIALITY

25.1  Jerry Boyd (Pty) Ltd and the website will treat all information as confidential.

25.2  Jerry Boyd (Pty) Ltd/website/user agree to mutually comply with the applicable privacy and data protection laws.

25.3  For the purpose of the website’s maintenance, optimisation, and operation, the website stores its data on a machine-readable form.

25.4  It will remain the responsibility of the user to keep any identity, password, username or any other security device safe and confidential, to do so with due diligence and due care and take the necessary steps to ensure that it is not disclosed to unauthorised persons.

 

25.5 The user warrants not to forward or otherwise communicate the personal data of other users and will comply with all the applicable data protection and privacy laws, rules and regulations.

25.6 A user agrees not to disclose, solicit, make available or misappropriate any confidential information, trade secrets or any other proprietary information that belongs to the website/any other user/third party without their prior written consent.

26. FORCE MAJEURE

26.1

Jerry Boyd (Pty) Ltd and/or the website will not be liable for performance delays or for non-performance due to causes beyond its control.

27. WAIVER

27.1 Any indulgence granted will not be construed as a waiver of that party’s right norwill it be regarded as an amendment of these terms and conditions.

28. NON-VARIATION

28.1 These terms and conditions are not capable of being varied, amended, added to, supplemented, novated or cancelled unless by Court order or by the terms of these terms and conditions or by the written consent of Jerry Boyd (Pty) Ltd and/or the website.

29. SEVERABILITY

29.1 In the event that any portion of these terms and conditions is found to be invalid, unlawful or unenforceable, such provision shall be severable from the remainder of the terms and conditions, which shall continue to be valid and enforceable.

30. CONSUMER PROTECTION AND CONSUMER AFFAIRS COMMITTEE

30.1 The user retains the right to lodge a complaint with the Consumer Affairs committee should he/she/it/they feel that the website has failed to comply with the Electronic Communications and Transactions Act No. 25 of 2002.

30.2 Jerry Boyd (Pty) Ltd and the website will regard users (except juristic persons) as consumers under the Consumer Protection laws of South Africa and as such, any transaction will respect the respective Consumer laws and be interpreted to give effect to these consumer rights.

31. INFORMATION OFFICER

31.1 In the event that any user and/or third party requires information, the website elects the following information officer:

31.1.1 Mr. Peter Balogun

          Ridgeway Extension 4

          Jansje Street

          Johannesburg

          Gauteng

          South Africa

          info@vehicular.co.za



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