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Website Terms and Conditions
of Use Relating to JakarandaMotors.com
These Terms and Conditions (“the Terms and Conditions”) govern
your (“the User”) use of the Jakaranda Motors (“Provider”)
website located at the domain name JakarandaMotors.com (“the
Website”). By accessing and using the Website, the User agrees
to be bound by the Terms and Conditions set out in this legal
notice. The User may not access, display, use, download, and/or
otherwise copy or distribute Content obtained on the website for
marketing and other purposes without the consent of the
Provider.
Electronic Communications
By using this Website or communicating with the Provider 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.
Privacy
The Website JakarandaMotors.com provides online access to motor
vehicle information. The Provider cannot be held responsible for
security breaches occurring on the User’s electronic device
(Personal Computer or other electronic device used to browse the
Website), which may result due to the lack of adequate virus
protection software or spyware that the User may inadvertently
have installed on his/her device.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove
from portions or the whole of these Terms and Conditions from
time to time. Changes to these Terms and Conditions will become
effective upon such changes being posted to this Website. It is
the User’s obligation to periodically check these Terms and
Conditions at the Website for changes or updates. The User’s
continued use of this Website following the posting of changes
or updates will be considered notice of the User’s acceptance to
abide by and be bound by these Terms and Conditions, including
such changes or updates.
Copyright and Intellectual Property
Rights
Provider provides certain information at the Website. Content
currently or anticipated to be displayed at this Website is
provided by Provider, its affiliates and/or subsidiary, or any
other third party owners of such content, and includes but is
not limited to Literary Works, Musical Works, Artistic Works,
Sound Recordings, Cinematograph Films, Sound and Television
Broadcasts, Program-Carrying Signals, Published Editions and
Computer Programs (“the Content”). All such proprietary works,
and the compilation of the proprietary works, are copyright the
Provider, its affiliates or subsidiary, or any other third party
owner of such rights (“the Owners”), and is protected by South
African and international copyright laws. The Providers reserve
the right to make any changes to the Website, the Content, or to
products and/or services offered through the Website at any
times and without notice. All rights in and to the Content is
reserved and retained by the Owners. Except as specified in
these Terms and Conditions, the User is not granted a license or
any other right including without limitation under Copyright,
Trademark, Patent or other Intellectual Property Rights in or to
the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of
these Terms and Conditions, a non-exclusive, non-transferable,
limited and revocable right to access, display, use, download
and otherwise copy the current and future Content for personal,
non-commercial and information purposes only. This Website and
the Content may not be reproduced, duplicated, copied, resold,
visited or otherwise exploited for any commercial purpose
without the express prior written consent of Provider. The
license does not allow the User to collect product or service
listings, descriptions or other information displayed here, and
does not allow any derivative use of this Website or the Content
for the benefit of another merchant. The User may not frame nor
use framing technologies to enclose the Provider Website or the
Content nor any part thereof without the express written consent
of Provider. Provider and the Owners do not offer products or
services to minors. If you are under the age of 18, you may not
respond to or otherwise accept or act upon any offers in the
Website. Provider and the Owners, their affiliates or subsidiary
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion. Any
unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any
current or future offer of products or services, are provided on
an “as is” basis, and may include inaccuracies or typographical
errors. The Owners make no warranty or representation as to the
availability, accuracy or completeness of the Content. Neither
Provider nor any holding company, affiliate or subsidiary of
Provider, shall be held responsible for any direct or indirect
special, consequential or other damage of any kind whatsoever
suffered or incurred, related to the use of, or the inability to
access or use the Content or the Website or any functionality
thereof, or of any linked website, even if Provider is expressly
advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal
information. The Website servers will in such instances collect
the IP address of the User computer, but not the email address
or any other distinguishing information. This information is
aggregated to measure the number of visits, average time spent
at the Website, pages viewed, etc. Provider uses this
information to determine use of the Website, and to improve
Content thereon. Provider assumes no obligation to protect this
information, and may copy, distribute or otherwise use such
information without limitation.
Choice of Law
This Website is controlled, operated and administered by
Provider from its offices within the Republic of South Africa.
Access to the Website from territories or countries where the
Content or purchase of the products sold on the Website is
illegal is prohibited. The User may not use this Website in
violation of South African export laws and regulations. If the
User accesses this Website from locations outside of South
Africa, that User is responsible for compliance with all local
laws. These Terms and Conditions shall be governed by the laws
of the Republic of South Africa, and the User consents to the
jurisdiction of the Witwatersrand High Court in the event of any
dispute. If any of the provisions of these Terms and Conditions
are found by a court of competent jurisdiction to be invalid or
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of these
Terms and Conditions, and the remainder of these Terms and
Conditions shall continue in full force and effect. These Terms
and Conditions constitute the entire agreement between the
Provider and the User with regard to the use of the Content and
this Website.
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