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Cartrack Carzuka Terms and Conditions

Definitions in these Terms

I.‘We’, ‘us’, ‘our’ and like terms refer to Cartrack (Pty) Ltd
II.‘You’, ‘your’ and like terms refer to you, the person (including legal entities) accessing and using the Cartrack Carzuka website and services.
III.“Advert” means an advertisement placed on the website, which relates to the sale of a vehicle, setting out, inter alia, the vehicle specifications, photographs, asking price, reviews and the like.
IV.“Data” means all information, including personal information and images, contained in an Advert, of which ownership reside in the Seller; as well as information, including personal information, submitted via the website by a User, of which ownership resides in the particular User.
V.“Dealer” means a person or entity which regularly trades in or is otherwise in the business of vehicle purchase and sales.
VI.“Purchaser” means either an individual or entity which utilises the Services as offered on the Website to purchase a vehicle.
VII.“Seller” means either an individual, a Dealer or an entity which is duly authorised to act on behalf of another person or entity who utilises the Services as offered on the Website to sell a vehicle.
VIII.“User” means any party utilising the Services and accessing the Website, including the Seller and Purchaser.
IX.“Website” means the website created, managed and maintained by us.
X.These Terms, including the Privacy Policy, apply to any Users who use the Services by accessing, placing an advertisement on, viewing and/or uploading or downloading any information or material made available on the Website for whatever purpose. By utilising the Services, you are deemed to have read and accepted these Terms , which contain the entire agreement between you and us and we shall not be bound by any undertakings, representations or warranties not recorded herein.

1. The Services

1.1Sellers are able to place an Advert pertaining to the sale of a vehicle onto the Website for viewing by prospective Purchasers.
1.2Only one vehicle may be featured in an Advert.
1.3We may review, at our sole discretion, the content of any Advert, and refuse to post Adverts, or remove such Adverts which we deemed not suitable for the Website.
1.4Although we introduce Purchasers or potential Purchasers to Sellers, the Users will be solely responsible for agreeing and formulating between themselves the terms and conditions related to a sale of a vehicle that may arise from the provision of the Services or use of the Website.
1.5Adverts are hosted on the Website for a limited time period and related historical Data will not be stored, distributed or shared other than in strict compliance with these Terms.
1.6Dealers or Users who sell vehicles in the course of business, shall make such fact clear in their Advert. It is your responsibility to ensure that, where applicable, your Advert states that you are a Dealer. This requirement applies whether the advertiser is acting on his own behalf, or for some other person in the course of whose business vehicles are to be sold.
1.7You acknowledge and accept that we cannot guarantee that the Website will be continuously available online or that the upload of the Advert to the Website will be corruption free/error free.
1.8The Seller confirms that it takes full responsibility for the content of an Advert and undertakes not to upload onto the Website any Adverts that are inaccurate, unlawful, abusive, defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any national or international law.
1.9You may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques or use the Website in any manner that would result in a User breaching any applicable legislation or licensing.
1.10You confirm that you will ensure the accuracy of any Data placed on the Website and shall not mislead or deceive others through any act or omission or make a false representation about a User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym.
1.11We may at any time vary the technical specifications of the Website (or any part thereof) for operational reasons. From time to time we will need to carry out maintenance on our systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to Services is caused.

2. Intellectual Property

2.1The contents of the Website are the property of Cartrack, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is the property of Cartrack, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
2.2You undertake not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by Cartrack.
2.3Cartrack owns or is licensed to use all intellectual property on the Website. You may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.
2.4The ownership in and to any intellectual property comprising the Adverts and the contents thereof, shall as and when posted by a User on the Website, be transferred to Cartrack. Accordingly, Cartrack shall have the right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Advert, for any reasonable purpose.
2.5By using the Website, you warrant that you own or are licensed to utilise and post the intellectual property rights comprising such Advert. This includes copyright in respect of any text posted, as well as the right to use or display any image or logo. You indemnify Cartrack, and agree to keep Cartrack indemnified, from and against any claims by third parties arising from your Advert, including any breach of intellectual property rights any third party may bring against us, in relation to your Advert.

3. Limitation of Liability and Indemnity

3.1The Website shall be used entirely at your own risk.
3.2We are not a party to any vehicle sales, nor are we involved in the negotiation or final outcome of any sale. As such, we have no liability arising from a sale.
3.3You agree that Cartrack is not responsible for and has no liability in relation to, the use of and conduct in connection with the Website, the purchase and sale of any vehicles being the subject of an Advert, or any other person’s use of or conduct in connection with the Website, in any circumstance. Without limiting the generality of this clause, Users agree to indemnify and hold Cartrack harmless in respect of any and all costs, losses and/or damages howsoever arising, whether direct, indirect or consequential out the sale of a vehicle pursuant to an Advert being posted on the Website.
3.4We shall not be liable to you for any consequential, indirect or special loss or damage; loss of goodwill or reputation; loss of business and/or opportunity; loss of profits; loss of revenue; and/or economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.
3.5In the event of any error or omission in an Advert resulting from our negligence, we will amend the relevant part of the Advert and shall not be liable to you in any way whatsoever for such error or omission.
3.6We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).

4. Data Protection

4.1By submitting an Advert to us, you request the placement of the Advert on the Website. This means that the Advert together with your telephone number and company details (where applicable) can be viewed by all persons with internet access throughout the world. By placing an Advert, you explicitly consent to the publication of your personal information in this way.
4.2We warrant that we shall comply with the provisions of the Protection of Personal Information Act as may be amended from time to time in so far as our agreement with you relates to or involves the processing of Personal Information (as defined in the Act).
4.3You acknowledge and agree that by placing an Advert with us, we may collect certain Personal Information relating to you and/or your employees, and/or consultants and/or contractors (as applicable). This Personal Information may be used for a number of purposes as further detailed in our Privacy Policy on the website. We advise that you familiarise yourself with such policy.

5. General

5.1We reserve the right to refuse publication of an Advert without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an Advert at our sole discretion. Where possible, we will attempt to inform you of any such changes.
5.2To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to Users, and any revisions to the Terms shall be noted within such Terms and will take effect when posted on the Website, unless a later date is otherwise stated in the revised Terms. A User’s continued use of the Website and/or the Services will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these Terms, is to stop the use of the Website.
5.3We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.
5.4The agreement which incorporates these Terms shall be governed by and construed in accordance with South African Law and the parties irrevocably submit to the exclusive jurisdiction of the South African Courts.
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