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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.