GENERAL TERMS AND CONDITIONS OF USE OF USEDCARSINSOUTHAFRICA SERVICES
1. Object
The object of this Agreement is to regulate the terms and conditions of
use of the services offered by Comerleads, S.L. (hereinafter
UsedCarsInSouthAfrica), available at the following URL (
www.usedcarsinsouthafrica.co.za).
These conditions shall be applicable to all Clients registered at the
aforementioned website, who are interested in the products and/or
services offered by UsedCarsInSouthAfrica through its website.
By registering on UsedCarsInSouthAfrica, the Clients recognize that they have
read, and are informed of these general terms and conditions of use,
which they expressly and fully accept by “clicking” on the pop-up
window named “I Accept the General Terms and Conditions of Use”.
2. UsedCarsInSouthAfrica Services
UsedCarsInSouthAfrica is a meeting place on the Internet, directed at
professionals or users (hereinafter “the users” or “the User”), who are
interested in buying and/or selling products through the website
www.usedcarsinsouthafrica.co.za.
UsedCarsInSouthAfrica is an application that acts as a mere intermediary
between the seller and the buyer (Users), through which they are
allowed, via a dynamic, secure, simple, fast, and easy to use platform,
to provide visibility, promote and offer their products.
The User expressly accepts that his/her use of the services hired shall be done at his/her own expense and risk.
2.1 Services and Registration
The access to UsedCarsInSouthAfrica is free, except as regards the cost of
connection via the telecommunications network provided by the supplier
contracted by the Client.
The user can write an opinion for the products included in
UsedCarsInSouthAfrica creating, in an easy and simple way, a user account, by
filling out the data require by the website: indicating his/her name,
email address, and password. UsedCarsInSouthAfrica conditions the use of the
Services upon the prior completion of the corresponding User’s
registration.
All data entered by the User must be accurate, true and verifiable. The
registered User shall be responsible at all times for the safekeeping
of his/her password, therefore assuming any damages or prejudice that
may derive from the undue use, transfer, revelation or loss of the
same. The User must immediately inform UsedCarsInSouthAfrica in the event that
he/she may have motive to suspect that his/her password has been used
without authorization, or may be subject to such unauthorized use. In
any event, any access to restricted areas and/or use of the Service
done under the password of a registered User shall be construed as
having been made by said User, who will be solely liable for said
access and use.
By accepting the Terms of Use, the User consents to have his/her data
added to the UsedCarsInSouthAfrica file, and the treatment of said data shall
be done in accordance with our “Privacy Policy”.
2.2 Characteristics of UsedCarsInSouthAfrica
UsedCarsInSouthAfrica is an application that acts as a mere intermediary
between the seller and the buyer. Consequently, it does not own any of
the items for sale, or that have been sold, through its platform, and
it is not a party to the sales agreement entered into solely between
buyers and sellers. Also, it does not intervene as an intermediary in
the process of negotiation and hiring of Services rendered by its Users.
UsedCarsInSouthAfrica does not review or validate the products offered by the
users through its platform, thus UsedCarsInSouthAfrica shall not, under any
circumstances, be responsible, directly or indirectly, nor
subsidiarily, for any damages or prejudice of any kind, arising from
the use and hiring of the contents and activities of the users and/or
third parties through the service. UsedCarsInSouthAfrica shall also not be
responsible for the illegality, reliability, usefulness, veracity,
accuracy, thoroughness, and currency of said contents and activities.
In general, the products purchased through the UsedCarsInSouthAfrica
application cannot be returned to UsedCarsInSouthAfrica, since it acts as a
free platform for meeting and intermediation. Any returns of exchanges
of products must be agreed upon directly between the seller and the
buyer (the Users). In general, no right of refusal is applicable to the
transactions completed through the UsedCarsInSouthAfrica application, except in
such cases as may be expressly recognized by the law, in which case
said right shall be exercised directly by the buyer to the seller, and
UsedCarsInSouthAfrica shall not, under any circumstances, by liable for any
incompliance of the seller.
Any User who wishes to purchase the products promoted through the
www.usedcarsinsouthafrica.co.za
website, shall be subject to the payment of a price to be agreed upon
between the Users, as described in the publication of ads file of the
Website. All prices agreed upon between the parties shall include the
corresponding Value Added Tax (VAT).
3. Access to User Account and Browsing
Access shall be gained through the User’s browser, and the use of a
password created by the User. Said password shall be personal and
confidential, and therefore it shall be duly kept by the User, so that
under no circumstances it can be used by third parties. The User shall
remain fully responsible for any use of his/her personal password,
exempting UsedCarsInSouthAfrica from any responsibility in that regard.
Access to the service may be denied to any User who, in any way, has failed to comply with his/her obligations and commitments.
The Client assumes full responsibility for any claims that may derive from undue use of the services.
4. Reservation of Rights of Registration
Prior to the concession of registration in the Website, UsedCarsInSouthAfrica
shall verify the data provided in the publication the opinions,
reserving the right to eliminate or not publish any content that
contains the opinion, promotion or products, services or commercial
activities, or any other object not pertaining the mere dissemination
of opinions or information.
UsedCarsInSouthAfrica shall not accept or publish any text the content or links
of which may be construed as defamatory, degrading, insulting,
damaging, or contrary to Spanish laws, including such that may imply
any violation of the rights of minors and children. All content shall
be respectful of the dignity of persons, and may not contain any words
or expressions that directly or indirectly encourage, promote, or
incite hate, hostility, discrimination or violence towards any group, a
part of a group, or a particular person, for the mere fact of belonging
to that group, due to racist, anti-Semitic, or any other reasons
referring to ideology, religion or beliefs; or due to familiar
situation, belonging to an ethnicity, race or nation; national origin;
sex, sexual orientation or identity; gender; illness or disability.
Contents shall not include threats, insults or personal attacks to
other people or companies in particular. No comments with obscene or
pornographic contents shall be admitted.
5. Notification of illicit activities
Should any User or a third party consider that there are facts or
circumstances that reveal the illicit character of the use of any
Contents, and/or the performance of any activity in the websites
included or accessible through the Website, and in particular the
violation of the intellectual or property rights (patents, models,
industrial drawings, brands, and commercial names, etc.), or any other
rights, said User or third party shall send a notice to UsedCarsInSouthAfrica
containing the following information:
1. Personal data of the claimant: name, address, telephone number, and email address;
2. Specification of
the suspected illicit activity which is being performed within the
Website, and in particular, if it entails a violation of rights, a
precise and concrete indication of the protected contents, as well as
their location within the websites;
3. The facts or circumstances that reveal the illicit character of the activity;
4. In the event of
infringement of rights, the manuscript or equivalent signature,
accompanied of the personal data, of the owner of the allegedly
infringed rights, or of the person authorized to act on behalf and in
the name of said owner;
5. An express
declaration, made clearly and under the responsibility of the claimant,
that the information provided in the notification is accurate, and of
the illicit character of the use of the contents, or the performance of
the activities described.
6. Exclusion of Users
UsedCarsInSouthAfrica reserves the right to prevent any User who infringes any
of the rules established in these Terms of Use, the law, or morals,
from using the Service, whether temporarily or indefinitely. At its
sole discretion, UsedCarsInSouthAfrica may also exclude Users, and even totally
or partially rescind its Service, whenever it considers such exclusion
as appropriate for improving the operation of the Service and/or the
rest of the users.
7. Claims and Customer Service
All claims shall be made preferably via communication to the email address
users@usedcarsinsouthafrica.co.za,
or by telephone to the number +34 91 014 98 22, by certified document
addressed to Comerleads, S.L., Att. Servicio de Resolución de
Incidencias, domiciled at Calle Alejandro González, 5. CP 28028 Madrid.
(Spain).
8. Indemnifications
Users undertake to compensate, and keep UsedCarsInSouthAfrica, as well as its
suppliers, licensees, licensors, subcontractors, agents, proxies, and
employees, free of harm from any liability deriving from the undue use
by the Client of the service hired; or from the Client’s failure to
comply with any of the obligations regulated under this Agreement,
including without limitation any and all incompliances with Client’s
manifestations or guarantees; and the Client shall remain solely
responsible for the payment of any compensation for damages that from
time to time UsedCarsInSouthAfrica may be obligated to pay to third parties.
9. Duration y termination
The duration of the Website’s services, and any additional Services,
will in principle be indefinite. Notwithstanding, UsedCarsInSouthAfrica is
authorized to terminate or suspend the service of the Website and/or
any additional Services at any time, without prejudice to the
provisions set forth in that regard in the Particular Terms and
Conditions. Whenever reasonably possible, UsedCarsInSouthAfrica shall give
warning in advance in the event of termination or suspension of the
Website’s service and the additional Services.
10. Quality of Service and Exemption from Guarantee
Neither UsedCarsInSouthAfrica, nor its information suppliers, licensees,
licensors, employees, agents, proxies and contractors, guarantee any
results in relation to the minimum affluence of users to the supported
agreements, or to the success of any given ad or publication about
products/services of the User, or any other information which may have
been provided or is related to UsedCarsInSouthAfrica.
UsedCarsInSouthAfrica excludes, on its own behalf and that of its suppliers,
licensees, licensors, subcontractors, consultants, agents, proxies,
and/or employees, any type of guarantee, particularly but without
limitation, regarding: (1) the accessibility, suitability or contents
of the hired service, and/or information, products or services
accessible through said service; (2) the satisfactory quality and
marketability, and/or the suitability for a certain purpose.
11. Limitation of Responsibility
UsedCarsInSouthAfrica, its information suppliers, licensees, licensors,
employees, agents, proxies, or subcontractors, shall not be
responsible, under any circumstances, for any damages, whether direct
or indirect, incidental or consequential, deriving from this Agreement,
due to the use of third parties of the service hired and/or the
websites it links to, as well as for the acts, errors or omissions of
third parties to which UsedCarsInSouthAfrica, through agreements, may provide
links to contents, ads, or any other type of data or information.
UsedCarsInSouthAfrica shall not bear any responsibility for default or delays
in its payments, should such delays be caused by a labor strike or
lockout, a restriction in supplies, disturbances, acts of terrorism,
insurrections, fires, floods, storms, explosions, earthquakes,
malfunction of the Internet, a computer virus, war, governmental acts,
or any other cause of force majeure that may reasonably by outside the
control of UsedCarsInSouthAfrica.
Exceptionally, UsedCarsInSouthAfrica shall be responsible, as so shall be its
suppliers, licensees, licensors, employees, agents, proxies, or
subcontractors, for acts imputable to any of them; exclusively for
direct damages caused by: malfunctions in the rendering of the service,
error, omission, interruption, loss, defect, failure to supply,
computer virus, destruction, unauthorized access, alteration and
illegitimate use of the files.
12. Protection of Personal Data
In accordance with the provisions of the European Regulations for the
Protection of Data of April 27th, 2016, and of Spanish Organic Law
15/1999, of December 13th (LOPD), all personal data provided by the
user in order to register on UsedCarsInSouthAfrica (Name, email and password),
shall only be treated for the purpose of activating and managing the
user’s account, so that he/she the publication the opinions for the
products.
The aforementioned data shall be stored in an automated filed owned by
Comerleads, S.L., and duly registered with the Spanish Agency for the
Protection of Data, for the purposes described in our Privacy Policy.
To that end, UsedCarsInSouthAfrica indicates to its users that it has
implemented all the technical and organizational security measures
necessary in order to guarantee the security of their personal data,
and thus avoid its alteration, loss, treatment, and/or unauthorized
access, in view of the state of technology, the nature of the stored
data, and the risks to which they are exposed, whether these proceed
from human action or the physical or natural environment, all in
accordance with the provisions of article 9 of the LOPD and the above
referenced European Regulations for the Protection of Data.
In conformity with the provisions of the legislation in force, you have
the right to access this data, and your data shall remain in this file
until you express your wish of the limitation, portability,
rectification or opposition. In order to exercise your rights, you may
call, free of charge, to the number (+34) 910149822, or send an email
to the following address:
users@usedcarsinsouthafrica.co.za, or send a letter addressed to, S.L., domiciled at Calle Alejandro González, 5. CP 28028 Madrid. (Spain)
For more information regarding our treatment of your data, visit our Privacy Policy.
13. Modifications
These general terms and conditions may be modified at any time by
UsedCarsInSouthAfrica, and such changes shall be available and published on the
website. In any case, any change of essential elements shall not affect
agreements already in execution, unless the modified conditions have
been expressly accepted.
14. Legality of Age
At the time of hiring the services offered by UsedCarsInSouthAfrica, the user
states that he/she is 18 years of age or older, and that he/she
understands and comprehends these general terms and conditions to their
full scope and extent.
15. Applicable law and competent jurisdiction
The terms and use of Comerleads Site shall be governed and construed in
accordance with the laws of Spain, and any dispute arising from the use
of this service, the parties expressly submit to the jurisdiction of
the Courts of Madrid-Capital (Spain).
Should you have any suggestions, please write via email to
users@usedcarsinsouthafrica.co.za, or call this number (+34) 910149822.
LEGAL NOTICE
Comerleads, S.L., in compliance with Spanish Law 34/2002 of 11 July,
regarding Information Society and Electronic Commerce Services
(commonly referred to by its Spanish acronym LSSICE), hereby makes
known that:
1.
www.usedcarsinsouthafrica.co.za
is a website owned by Comerleads, S.L. (hereinafter Comerleads), a
company incorporated in Madrid, domiciled at Calle Alejandro González
5, 6th B, 28028, Madrid, Spain; with Tax Identification Number
B-85753614, and registered at the Commercial Registry Office of Madrid
under Volume: 26,881, Document: 174, Section: 8, Page: M-484456, Entry:
1.
In order to contact us, you may write to the following email address:
users@usedcarsinsouthafrica.co.za, or call the following telephone number: (+34) 910 14 98 22.
2. The domain
www.usedcarsinsouthafrica.co.za
has the object to provide users with a description of the products and
contents (hereinafter the “Contents”) offered by Comerleads or third
parties.
3. The general terms and conditions herein established regulate the access to and use of the website
www.usedcarsinsouthafrica.co.za
(hereinafter referred to as “the Website”), which Comerleads offers
free of charge to Internet users. Notwithstanding the above, some of
the Contents provided by Comerleads or third parties associated with
the Website are subject to payment of a fee in the form determined in
the corresponding Particular Terms and Conditions. Access to the
website implies full acceptance of these conditions.
4. All intellectual property rights of the
www.usedcarsinsouthafrica.co.za
website, as well as that pertaining to its source code, design,
navigation structure, data bases, and the different elements contained
therein, are the property of Comerleads, which exclusively owns all
forms of exploitation rights on the same, particularly the rights of
reproduction, distribution, public communication, and transformation.
5. The partial viewing, printing and download of the Web’s contents are
authorized exclusively if the following conditions are met concurrently:
• Compatibility with the aims of the Website.
• Exclusive intention
to obtain the information contained in the Website for personal and
private use. The use of the information for commercial ends, or for its
distribution, public communication, transformation or decompiling, is
expressly prohibited.
• Respect for the
integrity of the contents of the Website, with the express prohibition
of any modification of the same.
• Abstention from use
of the photos, graphics or images available on the Website, either
separated from the text or from any other accompanying images.
6. At any time and without previous notice, Comerleads reserves the
power to make changes and updates to the information contained in the
Website, as well as to its configuration and design, and to the
conditions for access to the same.
7. Comerleads does not guarantee the inexistence of interruptions or
errors while accessing the Website or its contents, or the constant
currency of its information. Comerleads does however commit to perform
all tasks conducive to correct errors, reestablish communication, and
update its contents, so long as there are no causes that may make this
impossible or difficult to execute, and as soon as it receives notices
of said errors, disconnections or lack of currency of its contents.
8. All access to the Website, as well as any undue use of the
information contained therein is the sole responsibility of the user.
Comerleads shall not be liable for any consequences, damages or
prejudice deriving from said access or use thereof.
9. In accordance with Comerlead’s Anti-Spamming Policies, Users shall be under the obligation to abstain from:
(i) collecting data for advertising
purposes, and sending any form of advertising and sales communications,
or of any other commercial nature, without prior request or consent;
(ii) sending any other kind of unsolicited or not consented messages to a group of persons;
(iii) sending any unsolicited or previously consented to email chains.
10. Comerleads shall also not be liable for any security errors, or for
the damages that may be caused to the user’s information system
(hardware and software), or to the files and documents stored therein,
which may occur as a consequence of:
• The presence of a
virus in the user’s computer, which may be used to connect to the
services and contents of the Website.
• Any malfunction of the browser.
• The use of outdated versions of the same.
11. Comerleads shall not assume any responsibility deriving from
contents linked from the Website, as long as these are external to it.
Nor does Comerleads guarantee the absence of viruses or other elements
in the linked contents which may cause alterations to the user’s
information system (hardware and software), or his/her documents or
files, thus excluding any responsibility for damages of any kind that
may be suffered by the user for these reasons.
Should any user, a client, or third party, consider that the contents
or services provided by the linked websites are illegal, or cause
indemnifiable damages to the property or rights of the user, a client,
or a third party, and that these particularly consist of:
• Activities or contents subject to be construed as delinquent in accordance with Spanish criminal laws.
• Activities or contents that violate intellectual or industrial property rights.
• Activities or contents that may endanger public
order, a criminal investigation, public safety, and national security.
• Activities or contents that may endanger the
protection of public health, respect for the dignity of persons and the
principle of non-discrimination, and the protection of health and
childhood.
The user shall send an email to (
users@usedcarsinsouthafrica.co.za), so that the administrators may initiate the appropriate procedures in order to resolve the relevant problems.
12. Comerleads is the owner of the Industrial and Intellectual Property
rights of its products and services. As regards the reference to third
party products and services, Comerleads recognizes all corresponding
Industrial and Intellectual Property rights in favor of their owners,
and the mere mention or appearance of said products and services on the
Website does not in any way imply a claim of rights, nor acceptance of
responsibility by Comerleads on the same; nor does it entail
Comerleads’ support, sponsorship or recommendation of the same, unless
it is expressly indicated.
13. The unauthorized use of the information contained on the Website,
its re-sale, and the infringement of any of Comerleads Intellectual
Property rights, including the unauthorized use of its brand
UsedCarsInSouthAfrica, shall give rise to the legally established liabilities.
14. Comerleads and the user hereby agree to submit any controversy that
may derive from access or use of the Website to the jurisdiction of the
Courts of Madrid-Capital (Spain)."