WHEELS24 USER AGREEMENT
Please read this USER AGREEMENT carefully. It contains important contractual
rights, obligations and conditions between you and WHEELS24.
Your acceptance of the terms of this USER AGREEMENT is required
for your continued use of this web site.
USAGE
- Persons (User(s)) using the WHEELS24
website for any reason whatsoever, subject themselves to and agree to these
terms and conditions and privacy policy of WHEELS24 when
accessing this web site.
- The WHEELS24 website consists of
information, content and services provided by WHEELS24, its
licensor(s), third parties and users of the WHEELS24 web
site.
- WHEELS24 expressly reserves the right,
in its sole and absolute discretion, to amend this agreement.
- WHEELS24 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 WHEELS24
web site.
- Any information and/or content appearing on or transmitted
through the WHEELS24 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 WHEELS24 web site.
- Nothing on this website shall be construed as an
offer by WHEELS24 to you, the user, but merely an invitation
to do business.
INTELLECTUAL PROPERTY
RIGHTS & LICENCE
- 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 WHEELS24, and as such, are protected from infringement
by domestic and international legislation and treaties.
- All rights not expressly granted are reserved. The
intellectual property rights in all content, information, services and/or
software vesting in WHEELS24 shall continue to vest in WHEELS24
and no right, title or interest in any proprietary material or information
contained in this website is granted to you.
- WHEELS24 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.
- You, the user, are prohibited from sublicencing,
assigning or transferring this licence to any person.
- Without derogating from the above, you, the user,
may designate family members to use and access the information, content or
services on the WHEELS24 web site subject to the terms of
this User Agreement.
- 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.
- 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 WHEELS24
without notice.
- 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).
- 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.
- You, the user, hereby acknowledge that certain information,
content, service and/or links may contain objectionable images, materials,
content or information.
- 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
- WHEELS24 reserves the right to change
and amend the prices and rates quoted on this website without any notice.
PRIVACY POLICY
- WHEELS24 respects your privacy and is
committed to privacy protection principles. This privacy policy statement
sets out WHEELS24 information gathering and dissemination practises.
- While using this website, information about you may be
either collected by us or provided by you. Such information will become the
property of WHEELS24.
- WHEELS24 may use this personal information
to provide you with information regarding our products, services, or events
from time-to-time. You may request that WHEELS24 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@24.com
- You may also request access to any personal information
concerning you that WHEELS24 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.
- You may update or correct your personal information by
sending an email to feedback@24.com.
You may also view your personal information that we hold and correct it if
necessary on written request to WHEELS24.
- WHEELS24 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 WHEELS24 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 WHEELS24 or its associated
services or website(s),WHEELS24 will not disclose your personal information
without giving you prior notice thereof and an opportunity to give your consent
thereto.
- WHEELS24 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.
- WHEELS24 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 the WHEELS24
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.
- 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@24.com.
TRANSMISSION OF
INFORMATION
- 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 WHEELS24 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 WHEELS24 be liable for any loss, harm, or damage
suffered by the user as a result thereof. WHEELS24 reserves the right
to request independent verification of any information transmitted via e-mail
and the user consents to such verification should WHEELS24 deem it
necessary.
- Any information or material sent to WHEELS24 will
be deemed not to be confidential, unless otherwise agreed in writing by the
user and WHEELS24.
LINKING AND FRAMING
- 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 WHEELS24.
- 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 WHEELS24.
SEARCHING TECHNOLOGY
- 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
- WHEELS24 provides links to the user only as a convenience and the inclusion
of any link does not imply WHEELS24's endorsement of such sites.
- Linked websites or pages are not subject to the control of WHEELS24.
WHEELS24 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
- By using this website or communicating with WHEELS24 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
- 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.
WHEELS24 reserves the right to make improvements and/or changes
or amendments to this website at any time.
- WHEELS24 reserves the right to change
and amend the prices and rates quoted on this website without any notice.
PRIVACY POLICY
- WHEELS24 respects your privacy and is
committed to privacy protection principles. This privacy policy statement
sets out WHEELS24 information gathering and dissemination
practises.
- While using this website, information about you may be either collected
by us or provided by you. Such information will become the property of WHEELS24.
- WHEELS24 may use this personal information
to provide you with information regarding our products, services, or events
from time-to-time. You may request that WHEELS24 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@24.com
- You may also request access to any personal information concerning you that
WHEELS24 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.
- You may update or correct your personal information by
sending an email to feedback@24.com.
You may also view your personal information that we hold and correct it if
necessary on written request to WHEELS24.
- WHEELS24 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 WHEELS24 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 WHEELS24
or its associated services or website(s),WHEELS24 will not
disclose your personal information without giving you prior notice thereof
and an opportunity to give your consent thereto.
- WHEELS24 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.
- WHEELS24 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 the WHEELS24
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.
- 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@24.com.
TRANSMISSION OF INFORMATION
- 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 WHEELS24
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 WHEELS24 be liable for any loss, harm,
or damage suffered by the user as a result thereof. WHEELS24
reserves the right to request independent verification of any information
transmitted via e-mail and the user consents to such verification should WHEELS24
deem it necessary.
- Any information or material sent to WHEELS24 will be deemed
not to be confidential, unless otherwise agreed in writing by the user and
WHEELS24.
LINKING AND FRAMING
- 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 WHEELS24.
- 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 WHEELS24.
SEARCHING TECHNOLOGY
- 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
- WHEELS24 provides links to the user only
as a convenience and the inclusion of any link does not imply WHEELS24’s
endorsement of such sites.
- Linked websites or pages are not subject to the control of WHEELS24.
WHEELS24 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
- 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 WHEELS24 and its partners/affiliates. The ECT Act may
be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
WARRANTY
- You, the user, warrant that you use the WHEELS24 web site
at your own risk.
- 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 WHEELS24, its information providers, licensors, suppliers,
employees, agents, and Internet service providers providing access to the
WHEELS24 web site.
- This website and the information, content and/or services are provided
"as is" and WHEELS24 makes no express or implied
representations or warranties with regard thereto. Without limiting the generality
of the aforegoing, WHEELS24, its information providers, licensors,
suppliers, employees, agents, and Internet service providers providing access
to the WHEELS24 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.
- While WHEELS24 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
- 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 WHEELS24,
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.
- While all reasonable steps have been take to ensure the accuracy and safety
of the WHEELS24 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. WHEELS24 will not be liable for any
personal or physical damage or loss, howsoever caused, whether directly or
indirectly, resulting from the use of the WHEELS24 website.
- 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.
- 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
- These Terms and Conditions of Use constitute the entire agreement between
WHEELS24 and you, the user of this website. Any failure by
WHEELS24 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.
- 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
- 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
- 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:
WHEELS24
70 Prestwich Street
Green Point
8005
Postal Address:
WHEELS24
PO Box 2434,
Cape Town 8000
Tel: +27 (021) 406-3757
Fax: +27 (021) 406-3459
Email: feedback@24.com
(Updated May 2008)
© 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.