Please read this USER AGREEMENT carefully.
It contains important contractual
rights, obligations and conditions between you and TOPCAR. Your
acceptance of the terms of this USER AGREEMENT is required for your
continued use of this web site.
USAGE
1. Persons
(User(s)) using the TOPCAR website for any reason whatsoever, subject
themselves to and agree to these terms and conditions and privacy
policy of TOPCAR when accessing this web site.
2. The TOPCAR website consists of information,
content and
services provided by TOPCAR, its licensor(s), third parties and users
of the TOPCAR web site.
3. TOPCAR expressly reserves the right,
in its sole and absolute discretion, to amend this agreement.
4. TOPCAR expressly reserves the right,
in its sole and absolute
discretion, to remove, alter, modify, supplement and/or restrict access
to the services, content, information, software, or file(s) appearing
on or transmitted through the TOPCAR web site.
5. Any information and/or content appearing
on or transmittedthrough the TOPCAR web site does not constitute advice and you, the
user, are encouraged to consult with your professional advisor before
acting on any information or content appearing on or transmitted
through the TOPCAR web site.
6. Nothing on this website shall be construed
as an offer by
TOPCAR to you, the user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENCE
7. All content, trademarks and data on
this website, including but not
limited to, software, databases, text, graphics, icons, hyperlinks,
private information, and designs are the property of or licenced to
TOPCAR, and as such, are protected from infringement by domestic and
international legislation and treaties.
8. All rights not expressly granted are
reserved. The intellectual property rights in all content, information, services
and/or software vesting in TOPCAR shall continue to vest in TOPCAR and
no right, title or interest in any proprietary material or information
contained in this website is granted to you.
9. TOPCAR grants to you, the user, a
personal, non-exclusive,
non-assignable and non-transferable licence to use, print and display
all content, information, software, or file(s) on any machine(s) of
which you, the user, are the primary user for non-commercial purposes
only.
10. You, the user, are prohibited from
sublicencing, assigning or transferring this licence to any person.
11. Without derogating from the above,
you, the user, may
designate family members to use and access the information, content
or
services on the TOPCAR web site subject to the terms of this User
Agreement.
12. Unauthorised copying of content,
information, software, or
file(s), including content, information, software, or file(s) that have
been amended, modified, combined or included with such content,
information, software, or file(s), or the written materials associated
therewith is expressly prohibited.
13. Any unauthorised copying and/or sublicencing,
or attempt at
copying and/or sublicensing, assignment or transfer of this agreement,
shall result in the immediate termination of this agreement by TOPCAR
without notice.
14. You, the user, shall be responsible
for all use of the
information, content or service accessed through your user account,
which may be determined by cookies, password(s) or authentication
certificate(s).
15. You, the user hereby ratify, guarantee
and agree to be
personally liable for any and all obligations entered into or assumed
by others who use the information, content or services through your
user account.
16. You, the user, hereby acknowledge
that certain information,
content, service and/or links may contain objectionable images,
materials, content or information.
17. Except as expressly permitted in
this User Agreement, neither
you, the user, nor your designated users may reproduce, redistribute,
retransmit, publish or otherwise transfer, or commercially exploit,
any
information, software or other content which they receive or access
through the Service
ELECTRONIC
COMMUNICATIONS
18. TOPCAR reserves the right to change
and amend the prices and rates quoted on this website without any notice.
PRIVACY POLICY
19. TOPCAR respects your privacy and
is committed to privacy protection
principles. This privacy policy statement sets out TOPCAR information
gathering and dissemination practises.
20. While using this website, information
about you may be either
collected by us or provided by you. Such information will become the
property of TOPCAR.
21. TOPCAR may use this personal information
to provide you with
information regarding our products, services, or events from
time-to-time. You may request that TOPCAR cease sending you such
information or request that your personal information be removed from
our database or mailing list at any time by e-mailing feedback@topcar.co.za
22. You may also request access to any
personal information
concerning you that TOPCAR olds. The Promotion of Access to Information
Act, 2 of 2000 ("Proatia") set out and regulate how such a
request
should be made and under what circumstances such access may be refused.
23. You may update or correct your personal
information by sending an email to feedback@topcar.co.za. You may also view your personal information
that we hold and correct it if necessary on written request to TOPCAR.
24. TOPCAR does will not disclose any
personal information to
anyone except as provided for in this policy. We may however need to
disclose personal information to TOPCAR employees or agents who require
such information to carryout their duties. There may also be situations
where the law requires us to disclose your personal information. In
all
other situations, except in the case of the sale of TOPCAR or its
associated services or website(s),TOPCAR will not disclose your
personal information without giving you prior notice thereof and an
opportunity to give your consent thereto.
25. TOPCAR is not responsible for and
gives no warranties or
makes any representations in respect of the privacy policies or
practices of linked or any third party websites.
26. TOPCAR reserves the right to alter
the terms and conditions
of this privacy policy at any time. You will be responsible for
reviewing any such changes each time you access theTOPCAR website and
your continued use of the website after changes have been posted
online, constitutes your acceptance of this policy as modified by the
posted changes.
27. If you have any questions or concerns
arising from this
policy or the way in which we are handling your personal information,
please contact us at feedback@topcar.co.za.
TRANSMISSION OF INFORMATION
28. The user acknowledges that information
transmitted via the Internet,
including without limitation e-mail, is susceptible to monitoring and
interception. The user is therefore discouraged from transmitting to
TOPCAR any information that may be confidential, proprietary, or
sensitive. The user shall bear all risk of transmitting such
information in this manner and under no circumstances will TOPCAR be
liable for any loss, harm, or damage suffered by the user as a result
thereof. TOPCAR reserves the right to request independent verification
of any information transmitted via e-mail and the user consents to such
verification should TOPCAR deem it necessary.
29. Any information or material sent
to TOPCAR will be deemed not
to be confidential, unless otherwise agreed in writing by the user and
TOPCAR.
LINKING AND FRAMING
30. It is expressly prohibited for any
person, business, entity or website
to link to any page on this website, including the home page, without
the prior written approval of TOPCAR.
31. It is expressly prohibited for any
person, business, entity, or website to frame any page on this website,
including the home page, in any way whatsoever, without the prior written
approval of TOPCAR.
SEARCHING TECHNOLOGY
32. The use of non-malicious search technology,
such as "web-crawlers" or
"web-spiders", to search and gain information from this website
is not
permitted without our written consent.
LINKS TO THIRD PARTY SITES
33. TOPCAR provides links to the user
only as a convenience and the
inclusion of any link does not imply TOPCAR's endorsement of such sites.
34. Linked websites or pages are not
subject to the control of
TOPCAR. TOPCAR shall not be held responsible or liable, directly or
indirectly, in any way for the contents, use, or inability to use or
access any linked websites or any links contained in a linked website
ELECTRONIC COMMUNICATIONS
35. By using this website or communicating
with TOPCAR by electronic means,
the user consents and acknowledges that any and all agreements,
notices, disclosures, or any other communication satisfies any legal
requirement, including but not limited to the requirement that such
communications should be “in writing”.
CHANGES AND AMENDMENTS
36. This website may include technical
or other inaccuracies or
typographical errors. Changes and amendments are periodically made to
the information herein and these changes will be incorporated in any
new editions of this website. TOPCAR reserves the right to make
improvements and/or changes or amendments to this website at any time.
37. TOPCAR reserves the right to change
and amend the prices and rates quoted on this website without any notice.
PRIVACY POLICY
38. TOPCAR respects your privacy and
is committed to privacy protection
principles. This privacy policy statement sets out TOPCAR information
gathering and dissemination practises.
39. While using this website, information
about you may be either
collected by us or provided by you. Such information will become the
property of TOPCAR.
40. TOPCAR may use this personal information
to provide you with
information regarding our products, services, or events from
time-to-time. You may request that TOPCAR cease sending you such
information or request that your personal information be removed from
our database or mailing list at any time by e-mailing feedback@topcar.co.za
41. You may also request access to any
personal information
concerning you that TOPCAR holds. The Promotion of Access to
Information Act, 2 of 2000 ("Proatia") set out and regulate
how such a
request should be made and under what circumstances such access may
be
refused.
42. You may update or correct your personal
information by sending an email to feedback@topcar.co.za. You may also view your personal information
that we hold and correct it if necessary on written request to TOPCAR.
43. TOPCAR does will not disclose any
personal information to
anyone except as provided for in this policy. We may however need to
disclose personal information to TOPCAR employees or agents who require
such information to carryout their duties. There may also be situations
where the law requires us to disclose your personal information. In
all
other situations, except in the case of the sale of TOPCAR or its
associated services or website(s),TOPCAR will not disclose your
personal information without giving you prior notice thereof and an
opportunity to give your consent thereto.
44. TOPCAR is not responsible for and
gives no warranties or
makes any representations in respect of the privacy policies or
practices of linked or any third party websites.
45. TOPCAR reserves the right to alter
the terms and conditions
of this privacy policy at any time. You will be responsible for
reviewing any such changes each time you access theTOPCAR website and
your continued use of the website after changes have been posted
online, constitutes your acceptance of this policy as modified by the
posted changes.
46. If you have any questions or concerns
arising from this
policy or the way in which we are handling your personal information,
please contact us at feedback@topcar.co.za.
TRANSMISSION OF INFORMATION
47. The user acknowledges that information
transmitted via the Internet,
including without limitation e-mail, is susceptible to monitoring and
interception. The user is therefore discouraged from transmitting to
TOPCAR any information that may be confidential, proprietary, or
sensitive. The user shall bear all risk of transmitting such
information in this manner and under no circumstances will TOPCAR be
liable for any loss, harm, or damage suffered by the user as a result
thereof. TOPCAR reserves the right to request independent verification
of any information transmitted via e-mail and the user consents to such
verification should TOPCAR deem it necessary.
48. Any information or material sent
to TOPCAR will be deemed not
to be confidential, unless otherwise agreed in writing by the user and
TOPCAR.
LINKING AND FRAMING
49. It is expressly prohibited for any
person, business, entity or website
to link to any page on this website, including the home page, without
the prior written approval of TOPCAR.
50. It is expressly prohibited for any
person, business, entity,
or website to frame any page on this website, including the home page,
in any way whatsoever, without the prior written approval of TOPCAR.
SEARCHING TECHNOLOGY
51. The use of non-malicious search technology,
such as “web-crawlers” or
“web-spiders”, to search and gain information from this website
is not
permitted without our written consent.
LINKS TO THIRD PARTY SITES
52. TOPCAR provides links to the user
only as a convenience and the
inclusion of any link does not imply TOPCAR’s endorsement of such
sites.
53. Linked websites or pages are not
subject to the control of
TOPCAR. TOPCAR shall not be held responsible or liable, directly or
indirectly, in any way for the contents, use, or inability to use or
access any linked websites or any links contained in a linked website
SECURITY
54. It is
expressly prohibited for any person, business, or entity to gain or
attempt to gain unauthorised access to any page on this website, or
to
deliver or attempt to deliver any unauthorised, damaging or malicious
code to this website. Any User who commits any of the offences detailed
in sections 85 to 88 of the ECT Act shall, notwithstanding criminal
prosecution, be liable for all resulting liability, loss or damages
suffered and/or incurred by TOPCAR and its partners/affiliates. The
ECT
Act may be downloaded
from:http://www.polity.org.za/pdf/ElectronicCommunications.pdf
WARRANTY
55. You, the user, warrant that you use
the TOPCAR web site at your own risk.
56. You, the user, acknowledge that no
implied warranties,
including, without limitation, warranties of merchantability, title,
fitness for a particular purpose, non-infringement, compatibility,
security and accuracy has been given by TOPCAR, its information
providers, licensors, suppliers, employees, agents, and Internet
service providers providing access to the TOPCAR web site.
57. This website and the information,
content and/or services are
provided "as is" andTOPCAR makes no express or implied representations
or warranties with regard thereto. Without limiting the generality of
the aforegoing, TOPCAR, its information providers, licensors,
suppliers, employees, agents, and Internet service providers providing
access to the TOPCAR web site does not warrant that the website or
information will be error-free or will meet any particular criteria
of
performance or quality, other than those warranties that are implied
by
and incapable of exclusion, restriction, or modification under the laws
applicable to this User Agreement.
58. While TOPCAR has taken reasonable
measures to ensure the
integrity of this website and its contents, no warranty, whether
express or implied is given that any files, downloads or applications
available via this website are free of viruses, trojans, bombs,
time-locks or any other data or code which has the ability to corrupt,
damage or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
59. The user’s use of this website
and the information contained therein is
entirely at the user’s own risk and the user assume full responsibility
and risk of loss resulting from the use thereof. Neither TOPCAR, its
affiliates, or their shareholders, agents, consultants or employees
will be liable for any damages whatsoever, including, without
limitation any direct, indirect, special, incidental, consequential
or
punitive damages, whether in an action arising out of contract,
statute, delict or otherwise, relating to the use of, or inability to
use, this website or the information contained therein.
60. While all reasonable steps have been
take to ensure the
accuracy and safety of the TOPCAR website, the use of products or
services advertised on this website are used at the user’s own risk.
The user accepts full responsibility and risk of any injury, damage,
or
loss resulting from the use thereof. TOPCAR will not be liable for any
personal or physical damage or loss, howsoever caused, whether directly
or indirectly, resulting from the use of the TOPCAR website.
61. Associated Press Notice
Associated Press text, photos, graphics,
audio and/or video
materials shall not directly or indirectly be published, rewritten for
broadcast or publication or redistributed in any medium. Neither these
AP materials nor any portion thereof may be stored in a computer except
for personal and non-commercial use. Subscriber does not hold the AP
liable for any delays, inaccuracies, errors or omissions therefrom or
in the transmission or delivery of all or any part thereof or for any
damage arising from any of the foregoing. Copyright 1998 Associated
Press. All rights reserved. This material may not be published,
broadcast, rewritten, or redistributed.
62. Reuters Limited Notice
Copyright 1998 Reuters Limited. All rights
reserved. Reuters content
may not be stored except for personal, non-commercial use.
Republication and redissemination of Reuters content is expressly
prohibited without the prior written consent of Reuters. Reuters shall
not be liable for any errors, omissions, interruptions or delays in
connection with the Reuter content or from any damages arising
therefrom.
SEVERABILITY
63. These
Terms and Conditions of Use constitute the entire agreement between
TOPCAR and you, the user of this website. Any failure by TOPCAR to
exercise or enforce any right or provision of these Terms and
Conditions of Use shall in no way constitute a waiver of such right
or
provision.
64. In the event that any term or condition
of the use of this
website is not fully enforceable or valid for any reason, such term(s)
or condition(s) shall be severable from the remaining terms and
conditions. The remaining terms and conditions shall not be affected
by
such unenforceability or invalidity and shall remain enforceable and
applicable.
APPLICABLE LAW
65. This User Agreement is concluded
in the Republic of South Africa, and
shall be governed by and construed in accordance with the laws of the
Republic of South Africa and the jurisdiction of the South African
courts. A copy of the ECT ACT may be downloaded
from:http://www.polity.org.za/pdf/ElectronicCommunications.pdf
CONTACT INFORMATION
66. If you have any questions, queries
or wish to request permission to use
any part of this website, including, linking, framing, or searching,
please contact us at:
Street Address:
TOPCAR
1 Heerengracht Street
8th Floor, Media City
Cape Town
8000
Tel: +27 (021) 406-3757
Fax: +27 (021) 406-3459
Email: feedback@topcar.co.za
(Updated March 2009)
© 2008 BUYS INCORPORATED ATTORNEYS All
Rights Reserved. No person is
allowed to copy or use this document outside the Naspers Group of
companies, 24.com, Educor, Nasboek and Media24.