Between:
Darryl Jacobson's Training and Consulting Proprietary Limited, Registration number
2017/348651/07 t/a True Price ("True Price") and you (the "User"). Effective April
2018.WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU
MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE.
IMPORTANT NOTICE. These website Terms and Conditions of use ("Terms and
Conditions") regulate access to and use of this website and our services. Please note
that these Terms and Conditions are valid, binding and enforceable against all persons
that access and/or use True Price's website, our services, web pages or any part hereof.
The User is automatically bound by these Terms and Conditions by virtue of accessing
this website. OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO
LIMIT OUR LIABILITY. THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN
CAPITAL LETTERS. The User should pay particular attention to these Terms and
Conditions since they limit the User's ability to recover losses which the User may incur
in connection with the use of this website and our services.
- DEFINITIONS
1.1. "CPA" means the Consumer Protection Act 68 of 2008;
1.2. "ECT" means the Electronic Communications and Transactions Act 25 of 2002;
1.3. "POPI" means the Protection of Personal Information Act 4 of 2013;
1.4. "Privacy Policy" means the privacy policy adopted by us and which can be
found at www.trueprice.co.za/privacy/;
1.5. "Results" means the results which are sent to the User by True Price, and which
contain information relating to the User's enquiry, namely an indication of a
possible sale price for the User's motor vehicle;
1.6. "Services" means the services made available by us via the website that being:-
1.6.1. to provide our Users, who submit a free online enquiry, with the Results,
based on information gathered by and the expertise of the True Price team;
and
1.6.2. any other service which may be made available by us via the website from
time to time;
1.7. "Website" means the website which is accessible at the URL
www.trueprice.co.za.
- OWNERSHIP
This Website and its current and future content are the property of, and all
proprietary rights therein, vest in True Price, alternatively are licensed to True
Price. The User acknowledges that ownership of all intellectual property rights,
including the trade marks indicated on the Website (whether registered or not),
vest in True Price or its licensors, and that it is not authorized to use, amend or
exploit any of the intellectual property rights, including the trade marks in any
manner whatsoever, without the prior written consent of True Price. The User
furthermore acknowledges that the information and documentation contained in
this Website is the proprietary information and copyrighted material of True Price
or is licensed to True Price and that no party is entitled to use or exploit in any
manner whatsoever, any of the proprietary information or copyrighted material of
True Price without the prior written consent of True Price. The User shall not,
other than for his/her personal and non-commercial use
(a) store on his/her
computer, or print copies of extracts from this Website;
(b) mirror or cache
information provided via this Website on his/her own server or other computer or
other storage facility of whatsoever nature; or
(c) copy, adapt, modify or re-use
the text or graphics from this Website, without the prior written consent of True
Price.
- NO IMPROPER USE OR UNLAWFUL CONDUCT
The User agrees that he/she will only use this Website and the information
contained herein in respect of the specific purposes for which it is created. The
User hereby agrees not to use this Website for any purpose that is unlawful,
improper or prohibited by these Terms and Conditions. Improper actions include,
but are not limited to: activities designed to defame, embarrass, harm, abuse,
threaten, slander or harass third parties; activities prohibited by the laws of the
Republic of South Africa and/or foreign territories in which the User resides or
conducts business; activities designed to encourage unlawful behavior by
others; the invasion of the privacy of a third party; racially, ethnically, or
otherwise objectionable behavior; activities which could disrupt or interfere with
the security of, or otherwise cause harm to any system resources, servers or
networks connected to or accessible through such feature or any affiliated or
linked sites; and activities designed to impersonate the identity of a third party.
- PERSONAL INFORMATION
Any personal information which may be provided to True Price through this
Website will be processed in accordance with POPI. Details of the processing of
personal information are contained in True Price's Privacy Policy. The
processing of personal information which may be collected through interactive
communications facilitated by this Website, are subject to the Privacy Policy
published on this Website.
- NO WARRANTY
Except as expressly provided otherwise in a written agreement between the
User and True Price, and except for any warranty, condition, representation or
term to the extent to which the same cannot or may not be excluded or limited
by law applicable to the User in its jurisdiction; this Website and all information
contained herein are provided "as is" without warranty of any kind, either
express or implied, including, but not limited to, the implied warranties of
merchantability or fitness for a particular purpose, or the warranty of noninfringement. Without limiting the foregoing, True Price makes no warranty that
(a) the Website and any information contained herein will meet the User's
requirements,
(b) the Website and/or the Services will be uninterrupted, timely,
secure, virus-free or error-free; or will be compatible with other software or
applications to be used with or applied to,
(c) the Results that may be obtained
from the Services and the use of the Website or any information contained
herein will be effective, complete, accurate, reliable or free from any errors or
omissions,
(d) the quality of the Website or any information contained herein will
meet the User's expectations and
(e) any errors in any software obtained from
or used through the Website, or any defects in the Website, will be corrected.
- INDEMNITY
The User hereby indemnifies and holds True Price, and its subsidiaries,
affiliates, officers, agents, partners and employees harmless from any claim or
demand, including attorneys and own client costs, made by any third party due
to or arising out of:
(a) the User's use of the Website and/or the Services;
(b) the
User's violation of these Terms and Conditions and/or the Privacy Policy; or
(c)
the User's violation of any law, rule or regulation or the rights of any other
person or entity.
- DISCLAIMER AND THE EXCLUSION OF LIABILTY
7.1. YOUR USE OF THIS WEBSITE, THE WEBSITE CONTENT AND THE
SERVICES IS ENTIRELY AT YOUR OWN RISK.
7.2. SUBJECT TO THE PROVISIONS OF POPI, THE CPA AND THE ECT AND TO
THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT, INCLUDINGWITHOUT LIMITATION, NEGLIGENCE, WILL TRUE PRICE, ITS
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, OR PARTNERS BE LIABLE TO THE USER OR ANY THIRD
PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, ARISING DIRECTLY
OR INDIRECTLY FROM THE USE OF OR RELIANCE ON THIS WEBSITE
AND/OR THE SERVICES AND RESULTS PROVIDED OR ANY INFORMATION
CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS
OR DAMAGES OF ANY KIND, WHETHER OR NOT TRUE PRICE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, INCLUDING
WITHOUT LIMITATION THOSE RESULTING FROM THE LOSS OF A SALE
OF THE USER'S MOTOR VEHICLE, LOSS OF USE, DATA OR PROFITS,
VIRUSES OR WORMS, THE INABILITY TO USE THE WEBSITE, THE
SERVICES OR ANY INFORMATION HEREIN, THE STATEMENTS OR
ACTIONS OF ANY THIRD PARTY ON OR THROUGH WEBSITE OR
INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD
PARTIES, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT
OR RECEIVED, ANY FAILURE TO STORE OR ANY THIRD PARTY WEBSITE
REFERENCED OR LINKED TO FROM THE WEBSITE.
7.3. TO THE FULLEST EXTENT ALLOWED BY LAW AND SUBJECT TO THE
PROVISIONS OF POPI, IF ANY OF THE LIMITATIONS OR EXCLUSIONS OF
OUR LIABILITY IN THESE TERMS ARE HELD BY ANY COMPETENT COURT,
ARBITRATOR OR AUTHORITY TO BE INVALID OR UNENFORCEABLE, IN
NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU EXCEED
R100.
- THIRD PARTY SITES
This Website may make available by references or links to other services,
service providers, dealings, websites and/or web pages operated by third parties
offering material, information and online services (the "Third Party Service").
The use of the Third Party Services and the use of information collected by the
operators of such services / sites are governed by the terms of use and privacy
policies found at such sites. Third Party Services are made available only as a
convenience, and the inclusion within the Website of any link to a Third Party
Service does not imply endorsement by True Price of the operator of such site
or any association between True Price and such operator. Any direct dealings
between the User and any third party in connection with a Third Party Service,
including the delivery of and payment for goods and services and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between the User and such third party or the operator of such site.
Subject to the provisions of POPI and the ECT Act and to the fullest extent
allowed by law, your use of the other websites or the products or services of
third parties is entirely at your own risk. True Price are not responsible or liablefor the direct or indirect consequences of your navigating to any other website
from our Website.
- LINKING
You shall not make (and may not permit any third party to make) any reference
to us, the Website or the Website content, whether by way of a link or otherwise,
where the reference could, in any way, be interpreted as an endorsement,
affiliation or recommendation by us in relation to you or a third party or of the
services, products or opinions of a third party, without our prior written consent,
which consent is at our sole discretion. We reserve the right to withdraw any
linking permission without notice.
- ACCURACY OF INFORMATION
10.1. The User undertakes that the information it submits to True Price is accurate
in all respects.
10.2. This Website and any information herein, including the Services or the Results
thereof, may include technical or other mistakes, inaccuracies or typographical
errors. The information contained in the Website may be out of date, and True
Price gives no undertaking of any manner whatsoever to update such
information. TRUE PRICE ACCEPTS NO LIABILITY AND SHALL NOT BE
LIABLE FOR ANY MISTAKES, INACCURACIES OR OMISSIONS OF
INFORMATION IN THE WEBSITE OR THE SERVICES OR THE RESULTS
THEREOF AND ANY DECISIONS MADE BY THE USER, BASED ON
INFORMATION AND OPINIONS CONTAINED IN THE WEBSITE AND/OR
THE SERVICES OR THE RESULTS THEREOF, ARE THE SOLE
RESPONSIBILITY OF THE USER.
- MODIFICATION
True Price reserves the right, in its sole discretion, to:
(a) change these Terms
and Conditions without notice to the User;
(b) change the content available on
the Website;
(c) discontinue any aspect of the Website; and/or
(d) delete the
Website. The User is responsible for reviewing these Terms and Conditions
each time it uses the Website. You should check the title of the document to
see the latest version in force. The User's continued use of the Website
constitutes the User's agreement to the then current Terms and Conditions.
- DISPUTES REGARDING THE CONTENT OF THE WEBSITE
In the event of a dispute as to the content of these Terms and Conditions at
any time, a certificate signed by the administrator responsible for maintaining
the website shall be prima facie proof of the date of publication and content of
the current version and all previous versions of these Terms and Conditions.
- GENERAL
13.1. These Terms and Conditions, together with the Privacy Policy set out the
general rules and policies governing your use of our Website. Depending on
your activities when visiting our Website, you may be required to agree to
additional terms and conditions. Further information regarding the business
conducted by True Price is to be found on True Price's home page at
www.trueprice.co.za. These Terms and Conditions constitute the entire
agreement between the parties in respect of the subject matter hereof. In the
event of the invalidity of any part or portion of these Terms and Conditions for
any reason whatsoever, such invalidity shall not affect the validity or
enforceability of any other part or provision of these Terms and Conditions,
and such invalid part or portion shall be deemed to have been struck out of
these Terms and Conditions. No waiver by True Price in respect of the User's
actions or omissions with regard to any breach, failure or default in
performance by the User, and no failure, refusal or neglect by True Price to
exercise any right hereunder or to insist upon strict compliance with or
performance of the User's obligations under these Terms and Conditions,
shall constitute a waiver of the provisions hereof, and True Price may at any
time require strict compliance with the provisions hereof.
13.2. Should you require any further information in respect of our Terms and
Conditions, please contact us by e-mailing info@trueprice.co.za.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in
accordance with the laws in force in the Republic of South Africa, and the User
consents to the jurisdiction of the South Gauteng High Court in the event of
any dispute arising from or connected to the use of this Website and the
Services.