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AUTO ADVISOR WEBSITE TERMS OF SERVICE

These Terms of Service (“Terms”) are effective as of 1 May 2021
(“Effective Date”)

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS AND BROWSERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

Clause 1 Introduction


1.1 The website http://autoadvisor.co.za (“the Website”) is operated and/or owned by Auto Advisor (Pty) Ltd (bearing registration number2015/367044/07) (hereinafter referred to as "autoadvisor.co.za", "we", “our" or "us"). The Terms herein are entered into by and between autoadvisor.co.za and the User. Any reference to "autoadvisor.co.za", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors.

1.2 These Terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, "you" or "your").  

1.3 Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4 To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when sent via email to you. Such modifications will be accepted by you through your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms.  Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

Clause 2 Terminology


2.1 “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website;

2.2 “Business Days” shall mean any days which are not a Saturday, Sunday or a gazetted public holiday in the Republic of South Africa during working hours;

2.3 “Dealers” shall mean the car dealerships registered on the Website;

2.4 “Goods” shall mean the products displayed on the Website utilising the third-party website https://www.duoporta.com/;

2.5 “Intellectual Property” shall mean all intellectual property created and owned by us, whether registered or unregistered and in any form, including but not limited to the trademark registered under registration number 2017/16092;

2.6 "Party” or “Parties” shall mean Auto Advisor (Pty) Ltd and/or or the User as the context implies;

2.7 “Personal Information” shall mean the personal information as defined in the Protection of Personal Information Act, 3 of 2014, as amended, to the extent required from the User in order to register for the Services;

2.8 “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;

2.9 “Services” shall refer to the Services provided by us to the User as set out in clause 4 below;

2.10 “Terms” shall mean these Terms of Service as read together with the Privacy Policy, which Privacy Policy may be found at https://www.autoadvisor.co.za/terms-and-conditions#privacy-policy ; and

2.11 “User” shall mean the Browser who completes the Registration Process on the Website.

2.12 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Clause 3 Your agreement to these Terms


3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

Clause 4 Description of our Services


4.1 The Website enables you to build and configure vehicles, research vehicles and vehicle builds, consider and post reviews, request and compare quotes and purchase Goods from Dealers. Information provided on the Website is for information purposes only and does not bind autoadvisor.co.za.

Clause 5 Registration Process


5.1 In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.  

5.2 The provisions pertaining to the processing of your Personal Information are set our more fully in our Privacy Policy, which Privacy Policy may be found at https://www.autoadvisor.co.za/terms-and-conditions#privacy-policy .

5.3 In the event of a User being of the view that their login details are being used by someone else, please contact us immediately via the Website.  

Clause 6 Purchase and transfer of Goods


6.1 Autoadvisor.co.za facilitates the purchase of the Goods from the Dealers. Users do not purchase the Goods from autoadvisor.co.za. Dealers’ may propose quotes through the Website which may be accepted by the User..

6.2 Users may request and accept quotes from Dealers via the Website. Quotes from Dealers are valid for 7 days from the date it is given to the User. Price estimates otherwise provided on the Website are for information purposes only.

6.3 Transfer of ownership of the Goods is to occur as between the User and the Dealer. Any returns must be arranged with the Dealer directly.

Clause 7 Payment


7.1 Payment for the Goods purchased shall be made directly to the Dealer. Autoadvisor.co.za will not accept payment for any of the Goods from any of the Users and accepts no liability in this regard.

7.2 All financing for the Goods is arranged by the User or through the Dealer, as applicable. Autoadvisor.co.za does not assist with or facilitate the financing of the purchase of the Goods and accepts no liability in this regard. As such, all refunds must be arranged with the Dealer directly.


Clause 8 Delivery of Goods


8.1 The physical Goods shall be delivered to or collected by the User as agreed and on the terms and conditions concluded between the User and the Dealer. Autoadvisor.co.za does not have possession of or deliver any of the Goods advertised.

Clause 9 Warranties by the User


9.1 The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.  

9.2 The User further warrants that when registering on the Website it:

9.2.1 is not impersonating any person; and

9.2.2 is not violating any applicable law regarding use of personal or identification information.

9.2.3 Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:

9.2.3.1 be used for personal use only; and

9.2.3.2 not be disclosed by a User to any third party.

9.3 The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the log-in details is unauthorised or fraudulent, the User will be liable for the activity on the Website.  

Clause 10 Warranties by autoadvisor.co.za


10.1 We make no representation or warranty (express or implied) that the Website or Services will:

10.1.1 meet a User’s needs;

10.1.2 be accessible at all times;

10.1.3 be accurate, complete or current; or

10.1.4 be free from viruses.

10.2 Subject to any express terms, autoadvisor.co.za makes no representation or warranty as to the volume or subject area of Services accessible through the Website.

10.3 Autoadvisor.co.za makes no warranties, express or implied, statutory or otherwise, as to the Goods, their delivery, quality or fitness for purpose, or otherwise.

10.4 Except for any express warranties in these Terms the Services are provided “as is”. Autoadvisor.co.za makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.

10.5 Autoadvisor.co.za does not warrant that the use of the Website will be uninterrupted or error free, nor does autoadvisor.co.za warrant that we will review information for accuracy.

10.6 Autoadvisor.co.za shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of autoadvisor.co.za. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

Clause 11 Unauthorised use of the Website or email addresses as provided by us


11.1 A Browser may not use the Website for any objectionable or unlawful purpose.

11.2 A User, apart from uploading Personal Information as required when completing the Registration Process may also add a review or comment relating to the Goods so purchased by it.

11.3 We reserve the right to remove any such review in the event that same is untrue, inflammatory or libellous.

11.4 A Browser undertakes not to send to us spam mail or make use of other unsolicited mass e-mailing techniques.

11.5 A Browser shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.

11.6 A Browser may not sell, redistribute, or use information contained on the Website for a commercial purpose without our prior written consent.

11.7 A Browser may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.

11.8 A Browser understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

Clause 12 Links to other Websites


12.1 The Website contains information provided by third-party websites and links or portals to other websites. We have no control over websites operated by the Dealers or other third parties and the User agrees that we are not responsible for and will have no liability in connection with the information provided by, or a User’s access to or use of, any third-party website.

Clause 13 Errors in Goods Stock and Pricing Displayed


13.1 Autoadvisor.co.za has no control over the displayed pricing or availability of Goods displayed on the Website. As such, the User agrees not to hold autoadvisor.co.za liable for any errors or incorrect information displayed on the Website.

13.2 Notwithstanding the aforegoing, or the provisions of Clause 15 below, a User agrees to indemnify us and hold us harmless from and against any claim, loss, damage, cost, or expense that a User may suffer or incur as a result of or in connection with a purchase which has occurred in the circumstances envisaged by clause 13.1 above.

Clause 14 Errors in Specifications of Goods


14.1 Autoadvisor.co.za does not provide any of the Goods. From time to time Goods which are displayed on the Website might not meet the specifications of the actual Goods so purchased from Dealers. Good specifications displayed on the Website are for information purposes only, and notwithstanding anything else set out herein, you agree to hold Autoadvisor.co.za harmless in respect of any inaccurate information displayed on the Website.

14.2 A User agrees to indemnify us and hold us harmless from and against any claim, loss, damage, cost or expense that a User may suffer or incur as a result of or in connection with a purchase which has occurred in the circumstances envisaged by clause 14.1 above.

Clause 15 Limitation of Liability and Indemnity


15.1 The Website shall be used entirely at a User’s own risk. We cannot and do not guarantee that the Services will be uninterrupted, timely, secure, error free or that defects in respect of the Services will be corrected, nor that it will be virus free.

15.2 We facilitate the purchase of the Goods but are not part of the sale agreement between you and the Dealer. As such, we are not responsible for the purchase or sale, or any liability arising out of the purchase, sale or use of, the Goods.

15.3 We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.

15.4 We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.

15.5 A User hereby indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that a User may suffer or incur as a result of or in connection with a User’s use of or conduct in connection with the Services or the Website, including any breach by a User of these terms or any applicable law or licensing requirements.

15.6 The Users are aware and hereby indemnify us from any changes in respect of any Services for reasons beyond our control, including but not limited to, war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, pandemics, government-imposed lockdowns, or health risks.

15.7 We shall further not be liable for any banking fraud or the like as may be suffered by the Users in utilising the Services.

15.8 The Services are provided on an “as is” basis. To the maximum extent permitted by law we make no warranties and exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Services and the Website.

15.9 To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.

15.10 Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

Clause 16 Copyright


16.1 All copyright, including the website address and the contents of the Website are the property of autoadvisor.co.za, unless specified otherwise, 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 our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

16.2 Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

16.3 Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

16.4 The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

16.5 All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of autoadvisor.co.za.

Clause 17 Intellectual Property


17.1 Autoadvisor.co.za owns all the Intellectual Property on the Website and grants no licence to use, copy or reproduce such Intellectual Property to a Browser or User except as specified in these Terms.

17.2 We own or are licensed to use all Intellectual property on the Website.  A User 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.

17.3 A User undertakes 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 us.

Clause 18 Breach


18.1 If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

Clause 19 Dispute Resolution


19.1 Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

19.2 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.

19.3 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

19.4 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

19.5 The arbitration shall be held –

19.5.1 at/in Gauteng or other venue agreed by the parties in writing;

19.5.2 in English; and

19.5.3 immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

19.5.4 The Parties irrevocably agree that the decision in arbitration proceedings:  

19.5.4.1 shall be final and binding upon them;

19.5.4.2 shall be carried into effect;

19.5.4.3 may be made an order of any court of competent jurisdiction.

Clause 20 Assignment and Novation:


20.1 We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

Clause 21 Force Majeure


21.1 The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of force majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.

21.2 During the subsistence of the event of force majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of the force majeure event continue for more than 14 (fourteen) days by giving written notice to the other.

Clause 22 General


22.1 To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

22.2 Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Courts in Gauteng or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

Clause 23 Severance


23.1 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

Clause 24 Domicilium Citandi Et Executandi and Contact Information


24.1 The User and autoadvisor.co.za choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

24.1.1 Auto Advisor (Pty) Ltd: Fourways, Johannesburg, Gauteng, 2191, South Africa. Email: hello@autoadvisor.co.za.

24.1.2 User: The address as provided when registering on the Website.

24.2 Both the User and autoadvisor.co.za may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

24.3 All notices to be given in terms of these Terms will:

24.3.1 be given in writing;

24.3.2 be delivered or sent by email; and

24.3.3 be presumed to have been received on the date of delivery.

AUTO ADVISOR PRIVACY POLICY

READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF THE SERVICES. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. INTRODUCTION


This Privacy Policy is to be read as if specifically incorporated into the Terms of Service, available at: https://autoadvisor.co.za/terms-and-conditions.

2. PRIVACY POLICY


2.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act"). Auto Advisor also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

2.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.  

2.3. Users will be prompted to register an account with Auto Advisor. In so doing, users may be asked to provide the following information (Personal Information):

2.3.1. First name;

2.3.2. Surname;

2.3.3. Identity number;

2.3.4. Race;

2.3.5. Email;

2.3.6. Sex;

2.3.7. Age;

2.3.8. Physical address and post code;

2.3.9. Phone number;

2.3.10. Financial history, including credit score and affordability;

2.3.11. Criminal history; and

2.3.12. Vehicle Information, including make, model, Vehicle Identification Number (VIN), and registration number, settlement amount and financing.

2.4. We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act.

2.5. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

2.6. By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

2.6.1. The provision and performance of the services;

2.6.2. Providing Dealers (as defined in the Terms of Service) with relevant information on your request of a quote or contact with the Dealer;

2.6.3. Informing you of changes made to our website;

2.6.4. The provision of marketing related services to you by Auto Advisor;

2.6.5. Responding to any queries or requests you may have;

2.6.6. Developing a more direct and substantial relationship with users for the purposes described in this clause;

2.6.7. Developing an online user profile;

2.6.8. Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;

2.6.9. For security, administrative and legal purposes; and

2.6.10. The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a user.

2.7. Although absolute security cannot be guaranteed on the internet, Auto Advisor has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.

2.8. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

2.9. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.

2.10. Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.

2.11. The Personal Information Auto Advisor collects from users shall only be accessed by Auto Advisor employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons. 

2.12. Auto Advisor shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to Auto Advisor for publishing on the Site.  You shall be solely responsible for the contents of all material published by yourself.

2.13. We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

2.14. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Auto Advisor will only be in connection with the provision of our services and/or the marketing thereof.

3. LOG FILES


3.1 When you visit Auto Advisor, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within Auto Advisor on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

4. COOKIES


4.1. Auto Advisor uses cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:

4.1.1. "Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

4.1.2. "Double Click Cookies" Third party vendors with whom we contract may use cookies to serve a user ads based on a user's prior visits to the Website. Users may, however, opt out of receiving these ads by visiting www.aboutads.info.

4.1.3. "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Auto Advisor website to work, but may enhance your browsing experience.

5. LINKS FROM AUTO ADVISOR


5.1. Auto Advisor, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms ("Third Party Websites").  If you select a link to any Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are not under the control, nor responsibility, of Auto Advisor.

5.2. Hyperlinks to Third Party Websites are provided "as is", and Auto Advisor does not necessarily agree with, edit or sponsor the content on Third Party Websites.

5.3. Auto Advisor does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either. 

5.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. Auto Advisor does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

6. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECT ACT")


6.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by Auto Advisor if and when Auto Advisor responds to the Data Messages.

6.2. Data Messages sent by Auto Advisor to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.

6.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and Auto Advisor.

6.4. Information to be provided in terms of section 43(1) of the ECT Act:

6.4.1. Users warrant that Data Messages sent to Auto Advisor from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.

6.4.2. This Website is owned and operated by Auto Advisor (Pty) Ltd, (Registration Number: 2015/367044/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.

6.5. Address for service of legal documents: Fourways, Johannesburg, Gauteng, South Africa, 2191.

6.6. Contact Number: 0824639911.

6.7. Auto Advisor - located at autoadvisor.co.za;

6.8. Email address: hello@autoadvisor.co.za

6.9. This Privacy Policy has been prepared by Legal Legends: https://www.legallegends.co.za

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