terms

Terms & Conditions

This agreement and any documents incorporated by reference ("this Agreement") describes the terms and conditions applicable to your use of our Services available under the root domain: www.cargrab.co.za ("CarGrab website"). By accessing or making use of our Services, or in case of Car Dealerships, by listing a vehicle, including but not limited to: cars, motor bikes, trucks, boats, jet-skies, caravans and farm vehicles for sale or rent or by posting any content through the Services, you agree to be bound by these terms and conditions, whether or not you personally registered with the Services. If you do not agree to these terms and conditions, do not use our Site or Services.

Definitions
In these terms and conditions:

"Conditions" means these terms and conditions, together with the CarGrab Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the CarGrab Network.

"CarGrab Network" means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of CarGrab Network, visit www.cargrab.co.za .

"Material" means text, illustrations, photos, audio, video, any combination of these or other material.

"Us", "we" or "our" means CarGrab (PTY) LTD ( Registration Number 2016/048385/07) and/or its related bodies

About the CarGrab Website

(a) CarGrab publishes or makes available on the CarGrab Network information, advertisements, product and service offers, vehicle data, valuations, Software and links and other content supplied by CarGrab and third parties (Material). CarGrab does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the CarGrab Website or on any web site that links from the CarGrab Website. (including third party display advertisements).

(b) CarGrab does not provide any warranty in relation to any goods or services advertised for sale on the CarGrab Website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

1. Personal and Non Commercial Use Only

(a) Use of the CarGrab Website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of CarGrab :

i. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;

ii. use or attempt to use any Material published on the CarGrab Website to create any web site or publication or searchable database;

iii. mirror or frame any web site or page within the CarGrab Website;

iv. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the CarGrab Website or generate or compile any document, index or database based on the Material published on the CarGrab Website;

v. transfer or sell any information, functionality or products or services offered on the CarGrab Website; or

vi. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

(b) If CarGrab considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to CarGrab’ interests, then CarGrab may immediately terminate your right to access and use the CarGrab Website at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the CarGrab Website.

2. You are Responsible for the use of the CarGrab Website

(a) Whilst CarGrab takes care to ensure that the Material on the CarGrab Website is correct, current and free from errors, CarGrab does not warrant the accuracy or completeness of or the representations made in the Material on the CarGrab Website or any web site that links from the CarGrab Website or any information received as a result of using the CarGrab Website. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.

(b) The services and Material made available on the CarGrab Website are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.

(c) You agree to indemnify CarGrab against any liability, loss, claim or demand if CarGrab (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.

(d) You must keep your username and password to access the CarGrab Website secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to CarGrab that you accept all liability for any unauthorised use of any username and password issued to you.

3.Registration

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.

You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username with we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

4.Goods and Services Provided By CarGrab

If CarGrab offers goods or services to you, including advertising any item for sale on the CarGrab Website, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

5.Goods and Services Provided By Third Parties

(a) If goods and services are offered on or through the CarGrab Website by third parties (sellers):

i. vehicle prices exclude government and statutory charges (unless otherwise stated);

ii. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);

iii. CarGrab does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;

iv. CarGrab will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

(b) CarGrab may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year. Whilst CarGrab requests sellers check this information, it may be possible for information to be inaccurate. CarGrab strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

6. CarGrab Liability to You is Limited

(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by CarGrab are HEREBY EXCLUDED.

(b) To the full extent permitted by the law, CarGrab will only be liable to you:

a. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of CarGrab is limited, at CarGrab’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;

b. subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by CarGrab.

(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, CarGrab, will not be liable to you:
for claims arising out of or in connection with your access and use of the CarGrab Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;

(d) To the full extent permitted by law, CarGrab will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

(e) For the purposes of this section, the term CarGrab will mean CarGrab, its officers, employees, contractors and agents, whether individually or collectively.

(f) These terms and conditions will survive the expiration or termination of this agreement.

7. Copyright, Trademarks and Licence

(a) Material on the CarGrab Website is protected by South African and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by CarGrab. Unless otherwise indicated on the CarGrab Website, the material on the CarGrab Website is owned by or licensed to CarGrab and is subject to copyright (the "Copyright Material").

(b)You may:

i. only copy or reproduce the Copyright Material for the purpose of browsing the CarGrab Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;

ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) cargrab.co.za and other names of CarGrab(Pty) Ltd product and/or services referenced herein are trademarks or registered trademarks of CarGrab.co.za . Other product and company names mentioned on the CarGrab Website may be the trademarks of their respective owners. Nothing displayed on the CarGrab website should be construed as granting you any intellectual property rights including the right to use any trademark, without CarGrab’ (or the relevant owner’s, if applicable) express written consent.

(d) In consideration of CarGrab allowing you to access and use the CarGrab Website you grant to CarGrab a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as CarGrab determines from time to time (subject to the CarGrab Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify CarGrab, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.

8. Membership to the CarGrab Website

(a) If you choose to become a member of the CarGrab Website, additional products and services may be made available to you.

(b) By becoming a CarGrab member, you agree to receive electronic communications from CarGrab about its products and services.

(c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.

9. Communications Services

(a) CarGrab may provide you with the ability to communicate with CarGrab, the CarGrab Website, Sellers, advertisers and users of the CarGrab Website through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).

(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by CarGrab. You should not however, consider Communication Services to have been reviewed, screened, or approved by CarGrab.

(c) Use of the Communications Services is provided on condition that You do not do any of the following:

iii. transmit any information or material which is knowingly incorrect, misleading or deceptive;

iv. transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;

v. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;

vi. use the Communications Services for any unlawful purpose;

vii. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.

viii. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of CarGrab Website’s infrastructure;

ix. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

x. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by CarGrab.

xi. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

xii. excessively use the Communications Services in a manner which may hinder or prevent CarGrab from providing services to any other persons or which may threaten the integrity or use by any person of the CarGrab Website;

xiii. authorise, aid, abet encourage or incite any person to do any of the above acts.

(d) CarGrab may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

10. Software Services

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the CarGrab Website ("Software") is owned by CarGrab (PTY) Ltd and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

(c) If there is no License Agreement, CarGrab grants you a personal, non-transferable license to use the Software for viewing and otherwise using the CarGrab Website in accordance with these terms and conditions, and for no other purpose. You must not:

xiv. copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;

xv. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;

xvi. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or

xvii. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

11.CarGrab and Your Privacy

By using the CarGrab Website, you agree to the CarGrab Privacy Policy which sets out how CarGrab collects, uses and discloses your personal information.

12.Specific Terms

(a) Private Sellers

To read CarGrab Private Seller Terms and Conditions click here. If you choose to sell an item using the CarGrab Website you must agree to the CarGrab Private Seller Terms and Conditions.

(b) Email a friend

Where CarGrab allows you to email a friend:

you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify CarGrab, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

13 .What Law Governs these Terms and Conditions

This Agreement is governed by and construed in accordance with the laws in force in the Republic of South Africa.

14. Arbitration and Jurisdiction

a. Any dispute arising from or in connection with this Agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of South Africa by an arbitrator appointed by the Foundation. Such arbitration shall be held in Upington.

b. This clause shall constitute each party's irrevocable consent to the arbitration proceedings, and no party shall be entitled to withdraw herefrom or to claim at such arbitration proceedings that it is not bound by this clause.

c. Each of the parties hereby irrevocably agrees that the decision of the arbitrator in the arbitration proceedings:

i. shall be final and binding on each of them (and any right of appeal under the Rules of the Arbitration Foundation of Southern Africa is hereby expressly excluded); and

ii. will be carried into effect; and

iii. can be made an Order of any Court to whose jurisdiction the parties are subject

d. The parties undertake that they shall not disclose to any third party or make public any information relating to the arbitration or the outcome thereof, save to the extent required by law or for the enforcement of any award of the arbitrator, it being recorded that it is the intention of the parties that the proceedings shall be and remain confidential.

e. Anything herein contained or implied shall not preclude any party from applying to Court for a temporary interdict or other relief of an urgent and temporary nature, pending the decision or award of the arbitrator hereunder.

f. The provisions of this clause are severable from the rest of this agreement and will remain in effect notwithstanding the termination or invalidity of, for any reason, this agreement.

15. CarGrab May Change These Terms and Conditions

(a) CarGrab may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and and publishing them on the CarGrab Website. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

(b) CarGrab may cease to provide you with access to the CarGrab Website or any of its services without notice.

(c) All rights not expressly granted are reserved.

16. Contact CarGrab

If you have a question, problem or complaint or need to contact us:

Location: Laksmanweg 1, Keidebees, Upington, 8801 South Africa
Postal Address:  
Email: info@cargrab.co.za


 

Click here for Private Sellers Terms

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