Terms & Conditions

We reserve the right to amend these terms and conditions from time to time without notice to you and at our sole discretion. Note that by your continued use of the websites and the services offered you are deemed to be bound by these terms and conditions.

1. The Websites

PLACE: The websites and the services offered therein are directed solely at those who access the websites from South Africa. We make no representation that the services (or any goods or services) are available or otherwise suitable for use outside of South Africa. If you choose to access the websites (or use the services) from locations outside South Africa, you do so at your own risk and accordingly you are responsible for the consequences and for compliance with all applicable laws. In particular, services and products may only be available in certain geographical locations, and it is your responsibility to ensure you are able to access the services and/or products in the specified locations.

SCOPE: The websites and services are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the websites (and hacking of the websites) is not allowed.

PREVENTION OF USE: We reserve the right to prevent you from using the websites and the services (or any part of them) as we deem fit.

EQUIPMENT: To use the websites and/or services and/or to make a purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

2. Advertiser obligations

ADVERTISER TERMS: Advertisers will have their own applicable terms and conditions, in addition to these terms that will be applicable to them and the Advertiser is therefore bound and shall abide by all such terms and conditions.

ACCURATE INFORMATION: You, as Advertiser, warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

CONTENT ON THE WEBSITES AND SERVICES: It is your responsibility, as an Advertiser, to ensure that any products, services and/or information available through the websites or the services are true and correct and you fully indemnify www.carspots.co.za and its partners in relation to such content.

THINGS YOU CANNOT DO: Without limitation, you undertake not to use or permit anyone else to use the services or websites:

– to send or receive any material which is not civil or tasteful;

– to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

– to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

– to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

– to cause annoyance, inconvenience or needless anxiety;

– to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

– for a purpose other than which we have designed them or intended them to be used;

– for any fraudulent purpose;

– other than in conformance with accepted Internet practices and practices of any connected networks; and/or

– in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity;

FORBIDDEN USES: The following uses of the services (and websites) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

– resale of the services (or websites) in any manner;

– furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

– attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);

– accessing the services (or websites) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

– executing any form of network monitoring which will intercept data not intended for you;

– sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

– creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;

– sending malicious email, including flooding a user or site with very large or numerous emails;

– entering into fraudulent interactions or transactions with us or an Advertiser (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

– using the services or websites (or any relevant functionality of either of them) in breach of this Agreement;

– unauthorised use, or forging, of mail header information;

– engage in any unlawful activity in connection with the use of the websites and/or the services; and/or

– engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the websites and services.

Rules about use of the services and the websites

– We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the services or the websites will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: nicolette@localspots.co.za

– We do not warrant that your use of the services or the websites will be uninterrupted and we do not warrant that any information (or messages) transmitted via the services or the websites will be transmitted accurately, reliably, in a timely manner or at all.

– We do not give any warranty that the services or the websites are free from viruses or anything else which may have a harmful effect on any technology.

– Also, although we will try to allow uninterrupted access to the services and the websites, access to same may be suspended, restricted or terminated at any time.

– We reserve the right to change, modify, substitute, suspend or remove without notice any information on the websites or forming part of the services from time to time. Your access to the websites and/or the services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information from the websites or services at any time.

– We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

4. Limitation of liability

No party associated with www.carspots.co.za including any of its directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature and howsoever arising from your use of the websites and/or the services provided from and through this websites.

In particular, we do not warrant and we exclude all liability in respect of:

– the accuracy, completeness, fitness for purpose or legality of any information accessed using the services and/or websites or otherwise; and

– the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and

– your use of any information or materials on the websites (which is entirely at your own risk and it is your responsibility);

– products and/or services referenced on the websites and in respect of the quality, safety, usability or any other aspect of the products and/or services;

– regardless of whether any loss suffered by you comprises:

  • loss of revenue;
  • loss of actual or anticipated profits;
  • loss of contracts;
  • loss of the use of money;
  • loss of anticipated savings;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill;
  • loss of reputation;
  • loss of, damage to or corruption of data; or
  • any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.

– For the avoidance of doubt, the above apply whether such losses are direct, indirect, consequential or otherwise.

– The limitation of liability under this clause has effect in relation both to any liability expressly provided for under this Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

5. Data protection

– We will not disclose your personal information unless you give us your permission to do so or unless we are required to do so for the purposes of any legal process or laws of South Africa.

– Specifically, note that The Promotion of Access to Information Act (Act 2 of 2000) gives effect to the constitutional right of access of any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected herewith. For further information, email: nicolette@localspots.co.za

– Refer also to our Privacy Policy.

6. Advertisements

– We may place advertisements in different locations on the websites and at different points during use of the services. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).

– You are free to select or click on advertised goods and services or not as you see fit.

– Any advertisements may be delivered on our behalf by a third party advertising company.

– No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique “cookie” on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy here about this which you can click on for more information.

7. Links to and from other websites

– Where the websites contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over these Other Sites and we do not accept and we do not assume responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the websites, you do so entirely at your own risk. Please be aware that these Other Sites may have different security & privacy policies and we have no control over and take no responsibility for any information submitted to these Other Sites.

– The websites may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

8. Intellectual property rights

– All intellectual property rights (including all copyright, patents, trade-marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the websites and services, information content on the websites or accessed as part of the services, any database operated by us and all the websites design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

– None of the material listed in above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the websites on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the websites without our permission.

– All rights (including goodwill and, where relevant, trade marks) in www.carspots.co.za are owned by us (or our licensors). Other product and company names mentioned on the websites are the trade-marks or registered trade-marks of their respective owners.

– Title, ownership rights and intellectual property rights in and to the content accessed using the services is the property of the applicable content owner or Advertiser and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

– The authors of the literary and artistic works in the pages in the websites have asserted their moral rights to be identified as the author of those works.

– Any material you transmit or post or submit to the websites (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the websites or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

– All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the services or the websites; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

Copyright

– These websites and their content is copyright of Car Spots. All rights are reserved.

– Any reproduction or redistribution of content in any form is prohibited, other than what is stated above.

– The information created by Car Spots on this site is the property of Car Spots and its respective partners. Unless otherwise specified, permission to include URL references to this information for non-commercial purposes is granted, provided that such references acknowledges that the information resides and is the property of Car Spots and its respective partners.

9. General

NO PARTNERSHIP/AGENCY: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

NO OTHER TERMS: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

ASSIGNMENT: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.

FORCE MAJEURE: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

ENTIRE AGREEMENT: This Agreement (and our Privacy Policy) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Agreement) and that party’s only remedies shall be for breach of contract as provided in this Agreement. However, the services are provided to you under our operating rules, policies, and procedures as published from time to time on the websites.

NO WAIVER: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.

NOTICES: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing. Any notices to be given to you shall be delivered by hand, electronic mail, sent by fax or by pre-paid registered post, to you at the address you supplied to us. Any notices to be given to us shall be delivered by hand or sent by pre-paid registered post to us at

SEVERABILITY: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

GOVERNING LAW: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.

10. Refunds and Returns Policy

We do not often offer refunds if you later change your mind or find you have made a wrong decision.

If you are not happy with our services, please inform us and we will do our best to resolve the issue to your satisfaction.