WEBSITE TERMS AND CONDITIONS



  1. Users Generally





    1. You agree to use the Website, Products or Services solely for your own purposes. You agree that





      1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Website (the “Site Content”), and




      2. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Auto Advisor, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Auto Advisor is prohibited. Use of any content or materials on the Website for any purpose not expressly permitted in the Terms is prohibited.






    2. You must read Auto Advisor’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Auto Advisor. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.




    3. Auto Advisor may allow Users access to the content, products or Products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties' website. You are cautioned to read such website's terms and conditions and/or privacy policies before using the Website. You acknowledge that Auto Advisor has no control over such third parties' website, does not monitor such Website, and will not be responsible or liable to anyone for such website, or any content, Products or Services made available on such website.




    4. You agree not to undertake any action which may undermine the integrity of Auto Advisor’s feedback system, such as leaving positive feedback for yourself using secondary Customer IDs or through third parties or by leaving unsubstantiated negative feedback for another User.




    5. By posting or displaying any information, content, trademarks or material (“User Content”) on the Website or providing any User Content to Auto Advisor or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Auto Advisor to display such content.






  2. Definitions





    1. App” means the application for the Auto Advisor goods and Services available on all well-known app stores;




    2. Company” or “Auto Advisor” mean Auto Advisor Proprietary Limited a private company with registration number 2015/367044/07 and incorporated in the laws of South Africa;




    3. Contact Details” mean the contact details for Auto Advisor, from time to time and currently as follows:



      Physical Address: 30 Flamingo Avenue Fourways, Johannesburg, Gauteng;



      Email: hello@autoadvisor.co.za.




    4. Materials” mean all of the material on Auto Advisor’s content base Website and/or App, including but not limited to the texts, drawings, data and information;




    5. Products” mean the Auto Advisor products available on the Website and/or App, including but not limited to digital books, content base products and business information;




    6. Users” mean the users who followed the Registration process and registered for the Products and/or Services on the Auto Advisor Website and/or App;




    7. Services” mean the services provided on the Auto Advisor Website and/or App by Auto Advisor to a user of the Website and/or App;




    8. Terms” mean these Website and App Terms and conditions for using the Website and/or App and forming a binding agreement between Auto Advisor and users and Users;




    9. Trade Marks” collectively mean the trade marks, names, logos and domain names of Auto Advisor, reflecting on the Website and/or App;




    10. Website” means the official Website for Auto Advisor located at www.autoadvisor.co.za, or any Auto Advisor related websites;




    11. you” or “user” or any derivative of the word; mean any person, natural or otherwise, acting in his/her personal capacity or otherwise and accessing, logging-in, registering, viewing or using the Website and/or App.






  3. Introduction





    1. This is the Website and/or App for Auto Advisor. Auto Advisor is a platform for the Products and/or Services.




    2. Auto Advisor provides the information contained in this Website and/or App and the pages comprising the Website and/or App, and offers the Products and/or Services and other services advertised on this Website and/or App from time to time to Users, subject to the Terms and conditions set out herein.




    3. Please read these Terms, they will govern our relationship with you and/or the User in relation to your use of the Website and/or App and will constitute an on-going binding agreement between Auto Advisor and yourself.






  4. Acceptance of Terms and Conditions





    1. The user agrees to comply with the Auto Advisor Website Terms and Conditions.




    2. By accessing or registering on the Website and/or App, you are deemed to have read, understood and agreed to the Terms. Auto Advisor may at any time modify any of the Terms and such modification will supersede and replace any previous Terms and/or agreements between the parties. The amended Terms will be made available on the Website and/or App. Each time you access the Website and/or App, you agree to be bound by the Terms, as they have changed.




    3. If you do not accept these Terms, please do not continue to use this Website and/or App. Please note that the Terms stated in this document refer to the use by you of this Website and/or App and are not related to any commercial agreement concluded between you and Auto Advisor or any other third party pursuant to the use of this Website and/or App.






  5. Content of the Website and/or App





    1. While Auto Advisor makes every effort to update the information provided on the Website and/or App on a regular basis, Auto Advisor makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website and/or App.




    2. Auto Advisor has offices in Fourways, South Africa and the content related to the products and Services featured on this Website and/or App are based on the laws of South Africa unless otherwise expressly stated. Your use of this Website and/or App and any dispute arising out of the Website and/or App is subject to the laws of South Africa. Any dispute arising out of the use or publication of this Website and/or App is subject to the exclusive jurisdiction of the court of The Republic of South Africa.






  6. Use of the Website and/or App and indemnification





    1. By accessing the Website and/or App, you warrant and represent to Auto Advisor that you are legally entitled to do so. If you subscribe for any of our products or Services you warrant and represent that you are legally authorised to subscribe for such Services.




    2. You further warrant you will not unfairly use the Website and/or App, the products and/or services.




    3. Auto Advisor may modify, withdraw or deny access to this Website and/or App at any time.




    4. You may print pages for your personal use but no part of this Website and/or App may be reproduced or transmitted for any other purpose.




    5. This Website and/or App is intended to provide general information regarding Auto Advisor, our products and Services, and other information which may be of interest to you. It is not intended to provide exhaustive treatment of any subject. The information on this Website and/or App including all research, opinions or other content is not intended to and do not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should take appropriate advice from a suitably qualified person.




    6. Auto Advisor regards it important to protect their Users, by abiding to all relevant laws and requesting its Users and third parties to do the same.




    7. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from Auto Advisor’s Website to its board of directors. Auto Advisor undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.




    8. The reviews may be reviewed by the board or any such member as appointed by the board from time to time and should such content be detected as set out in clause 6 above any such reviews shall be removed and the users may be blocked or suspended from making use of the website at the sole discretion of the board of directors or anyone employed by the board of directors to ensure these processes are correctly enforced.






  7. Copyright and Intellectual Property





    1. Copyright and all intellectual property rights and all material are owned by Auto Advisor, alternatively Auto Advisor is the lawful user thereof, and are protected by both South African and international intellectual property laws.




    2. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will be an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for purposes of considering and making use of the Products and/or Services offered by Auto Advisor.




    3. The Trademarks displayed on this Website and/or App are registered and unregistered trademarks of Auto Advisor. Nothing contained on this Website and/or App should be construed as granting any licence or right to use any trade mark without the prior written permission of Auto Advisor.






  8. Permission to link to our Website and/or App





    1. Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving Auto Advisor’s prior written approval, which may be withheld or granted subject to the conditions Auto Advisor specifies from time to time.






  9. Warranties, disclaimers and limitation of liability





    1. Save as set out in these Terms, Auto Advisor makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website and/or App and the Service/s and the Website and/or App and Service/s made available via the Website and/or App are provided "as is".




    2. Auto Advisor does not make any warranty or representation that information and Service/s advertised on the Website and/or App are appropriate for use in any jurisdiction.




    3. To the fullest extent possible by law, Auto Advisor expressly disclaims all (express or implied) warranties, including, without limitation, warranties and non-infringement, compatibility, security and accuracy in respect of this Website and/or App. We do not warrant that the Website and/or App or any software available for download via the Website and/or App is free of viruses or destructive codes.




    4. Neither Auto Advisor or its board of directors shall be responsible for, and they hereby disclaim all liability for, any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or App and/or any information contained on or received via the Website and/or App, your use of the Service/s and/or your reliance on any information offered via the Website and/or App and Service/s.




    5. Without limiting the generality of the a foregoing, neither Auto Advisor nor its board of directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the Website and/or App for any reason whatever and/or the failure/delay by any third party Service provider to render any Service/s which are necessary to ensure the availability of the Website and/or App.




    6. Information transmitted via the internet is susceptible to monitoring and interception. You will bear all risks of transmitting information in this manner. We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to us.




    7. Any unsolicited confidential or proprietary information sent to us via the internet cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate method of transmission.




    8. This Website and/or App is made available for User viewing on the basis that Auto Advisor excludes, to the extent wilfully permitted all liability whatsoever for any loss or damage howsoever arising out of the use of this Website and/or App or reliance upon the content of this Website and/or App.




    9. All reviews of the public as well as registered users are opinion based, Auto Advisor will not take responsibility for these views. The views and opinions expressed and share by users are not the views and opinions of Auto Advisor, this website is merely a platform for consumer reviews and opinions both with regard to the dealerships, brands manufacturers as well as sale of any products discussed herein.






  10. Privacy Policy





    1. We respect your privacy and all the personal information of our Users. You give Auto Advisor permission to collect and use your personal information when you use the Website and/or App.




    2. Auto Advisor will take all reasonable steps to protect the personal information of its Registered Users. For the purpose of this clause, “personal information” will be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”).




    3. Auto Advisor collects, stores and uses the abovementioned information for the following purposes: Service delivery, Products, communicate requested information to the Users, newsletter database, registration and / or authentication of Users, provide statistics to the users of the website, storing information on your review on a single car and for your reading of multiple reviews. The car dealerships may require reasons from users on their negative reviews, car manufacturers may require info from a negative review (third party request). You understand the consequence of your negative review and we reserve the right to give contact details unless in conflict with POPI, in which consent will be requested by means of a medium as determined by the board or any such person acting on the board.




    4. Auto Advisor may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions: Auto Advisor will not disclose personal information from Users unless the User consents thereto. Auto Advisor will disclose information without the Users consent only through due legal process.




    5. Auto Advisor hereby also obtained your express consent to use the personal information for marketing research, compilation of data, statistics and most frequent users of the Website and/or App.




    6. The User confirms that any information supplied through this Website and/or App was done willingly and with their expressed consent and permission. Auto Advisor has been given the right to process and/or further process this information in Terms of the Protection of Personal Information Act 4 of 2013 (“POPI”) as required.






  11. Electronic Communications





    1. When the User visits the Auto Advisor Website and/or App and the User completes a registration form to request information or when the User sends a request to Auto Advisor, and does not explicitly request a non-electronic communication medium, the User consents to receiving communications from the Auto Advisor electronically and agree that all agreements, notices, disclosures and other communications sent by Auto Advisor satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.




    2. The User acknowledges and accepts that the action to click on specified buttons on certain web forms on the Auto Advisor’ sites may constitute an expression of intent or other statement.






  12. Disclosures required by Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)





    1. Access to the Services, content, software and content downloads available from the Auto Advisor Website and/or App is classified as “electronic transactions” in terms of ECTA and therefore Users have the rights detailed in Chapter 7 of ECTA and Auto Advisor has the duty to disclose the following information:





      1. The full name and legal status of the Website owner: Auto Advisor Proprietary Limited;




      2. Auto Advisor Registration Number: 2015/367044/07




      3. VAT registration number: Not Applicable;




      4. Street address and physical address for receipt of the legal documents: 30 Flamingo Avenue, Fourways, Johannesburg, 2191;








  13. Authorised





    1. I hereby agree that I’m a User of Auto Advisor and duly authorised to use this Website and/or App. I declare that I have read and understood the Terms and conditions expressed above and hereby accept the Terms and conditions.







The official email address of the Auto Advisor Website is: hello@autoadvisor.co.za.



Gamification Terms and Conditions




  • 1. Copyright

    • a. All rights not expressly granted are reserved.

    • b. Users may only download, view and print content from this site for private use.



  • 2. Intellectual Property Rights

    • a. All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to autoadvisor.co.za and as such are protected from infringement by local and international legislation.



  • 3. Electronic Communications

    • a. When a user registers on the autoadvisor.co.za website the user consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications sent by autoadvisor.co.za satisfies any legal requirements.



  • 4. Disclaimer

    • a. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither autoadvisor.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.

    • b. Furthermore, autoadvisor.co.za make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions.



  • 5. Governing Law

    • a. autoadvisor.co.za websites are controlled and operated from the Republic of South Africa and therefore governed by South African law.



  • 6. Security

    • a. Any person that delivers or attempts to deliver any damaging code to autoadvisor.co.za website or attempts to gain unauthorised access to any part of the websites shall be prosecuted and civil damages shall be claimed in the event that autoadvisor.co.za suffers any damage or loss.

    • b. The user agrees and warrants that its unique code and log-in access shall:

      • i. be used for personal use only; and

      • ii. not be disclosed to any third party.



    • c. The user allows autoadvisor.co.za to take all reasonable steps to ensure the integrity and security of the autoadvisor.co.za website and back-office applications.



  • 7. Changes to Agreement

    • a. autoadvisor.co.za may, at their sole discretion, change this agreement or any part thereof at any time without notice.



  • 8. Disputes

    • a. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.



  • 9. Domicilium

    • a. autoadvisor.co.za chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:













Autoadvisor.co.za

Global Entrepreneurship Network



22 Sloane Street, 

Bryanston,

Gauteng

2191


 



  • 10. Privacy

    • a. autoadvisor.co.za shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

    • b. autoadvisor.co.za may electronically collect, store and use the following personal information of Users:

      • i. name and surname;

      • ii. vehicle ownership;

      • iii. gender;

      • iv. country of residence;

      • v. geographic location;

      • vi. telephone number;

      • vii. e-mail address; and

      • viii. IP address



    • c. autoadvisor.co.za collects, stores and uses the abovementioned information for the following purposes:

      • i. to compile non-personal survey information about peoples’ preferences and satisfaction of their vehicles.

      • ii. subject to the User's consent, inform the User about competitions and special offers from autoadvisor.co.za and/or its partners/affiliates;

      • iii. to compile non-personal statistical information about browsing habits, click-patterns and access to the autoadvisor.co.za website.



    • d. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

    • e. autoadvisor.co.za may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

      • i. autoadvisor.co.za shall not disclose personal information from Users unless the User consents thereto;

      • ii. shall disclose information without the User's consent only through due legal process; and

      • iii. autoadvisor.co.za may compile, use and share any information that does not relate to any specific individual.





  • 11. autoadvisor.co.za

  • autoadvisor.co.za owns and retains all rights to non-personal statistical information collected and compiled by autoadvisor.co.za and all database information is and remains the property of autoadvisor.co.za.

  • 12. Gamification

    • 1. The promoter of the Gamification is autoadvisor.co.za (the "Promoter").

    • 2. There are between -10-50 prizes available to win every month commencing 30 November 2018 – these are awarded one prize per user based on the number of points the user has accumulated. Each user may only win a prize once per a level. The next prize will be received at Level 2 and will be based on Level 2 prize allocation.

    • 3. The prizes will vary dependent on our current partner/sponsor. Prizes range from caps, t-shirts, jackets, bags, advanced driving courses, jewellery, computer equipment, drones, cell phones, etc and are issued to the top users at the respective levels.

    • 4. This gamification will be run from 1 October 2018 (the “start date “) until further notice (the “End date”). The prize announcements will take place the first week of every month from 30 November 2018. Should the draw be postponed to another date, for any reason whatsoever, a new draw date will be advised via these terms and conditions.

    • 5. Points are awarded for successfully completing a vehicle or dealership review, a user liking your review, 250, 1000 and 5000 unique views of your review.

    • 6. In the event of a dispute, the decision of the Promoter will be final and binding on all aspects of the gamification and no correspondence will be entered into.

    • 7. If required by the Minister for Trade and Industry, the Consumer Protection Commission or for whatever other reason, the Promoter shall have the right to terminate this promotional competition with immediate effect and without notice of such termination. In such event, all entrants hereby waive any rights, which they may have against the Promoter and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter, their directors, members, partners, employees, sponsors, agents or consultants.

    • 8. The Promoter reserves the right, should the need arise, to vary elements of the gamification and prizes, if deemed absolutely necessary. In such an event the variation will be communicated to registered users.

    • 9. If for any reason the gamification is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Gamification, the Promoter reserves the right in their sole discretion to cancel the Gamification and recommence it from the start on the same or similar terms and conditions as these. This includes if any of these scenarios are discovered after a prize winner has revealed their prize.

    • 10. All queries in connection with this Gamification should be directed to hello@autoadvisor.co.za

    • 11. This competition and its rules will be governed by the law of the Republic of South Africa regardless of where you live or work, or where or how you enter.

    • 12. The Promoter reserves the right to verify the validity of entries and to disqualify any entrant (including a winner) who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions or who has, in the sole opinion of the Promoter engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter.

    • 13. The Promoter reserves the right in their sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Terms & Conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Gamification. The Promoter legal rights to recover damages or other compensation from such an offender are reserved.

    • 14. The Promoter reserves the right to request the winner to provide proof of age, identity, proof of residency at the nominated prize delivery address, and/or proof of entry validity. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. The Promoter reserves the right to validate and check the authenticity of any prize claim or entry before awarding a prize.

    • 15. Entries will be deemed to be accepted at the time of receipt and not at the time of transmission. Incomplete or incomprehensible entries will be deemed invalid. No responsibility will be taken for lost, late or misdirected entries. All entrants, by entering this promotional competition, agree to be bound by these terms and conditions.

    • 16. All entrants, by entering this promotional competition, agree to be bound by these terms and conditions.

    • 17. Prizes will be based on stock levels and participation from various Automotive brands and OEMs based on a first come first serve basis.





 

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