Vehicle Traders Terms and Conditions
These Terms (the "Terms") govern your use of the Vehicle Traders Limited Edition CC ("Us" or "Our") website located at the domain name of www.vehicletraders.co.za ("Website"). By accessing and using this Website you agree to be bound by these Terms. If you do not wish to be bound by these Terms you may not access, copy or download any content on this Website.
Updating these Terms
We may modify, add or remove portions or the whole of these Terms. Changes to these Terms will be posted to this Website and will become effective on the date indicated in the Terms (see the top right hand side). You can also access older versions of these Terms on the Website. Continued use of this Website by you after these Terms have been updated indicates your acceptance of the updated Terms.
Electronic Communications and Transactions Act ("ECTA") disclosure
The following information is provided to you In terms of s43 of the Electronic Communications and Transactions Act, 25 of 2005 ("ECTA"):
Supplier of goods/services: Vehicle Traders Limited Edition CC
Type of organization: Close Corporation (South Africa)
Registration number: 2007/115764/23
VAT number: 4160257798
Physical and Registered Address: 93 Mill Street, Strand, 7140
Postal Address: Postnet Suite No. 329, Private Bag X29, Somerset West, 7129
Telephone: 021 853 0999
Fax: 021 853 0310
Members: Marc Scott
Main business: Advertising and facilitating the sales of used and new vehicles
Not a member of self-regulatory body
Should you need to send any legal documents to us please send them to our physical address.
As no vehicles are sold or purchased by means of this Website, you have no cooling off rights as set out in the ECTA.
Purpose of the Website
This website is designed to allow you to investigate and compare vehicles and to assist you with purchasing a vehicle and / or selling your vehicle.
Misrepresentations / Mistakes
All the vehicles displayed on this Website are being advertised for sale by the owners / sellers of the vehicles and not by us. The information and images of the vehicles is provided to us by the sellers and not independently verified by us. As a result we do not accept liability for any inaccuracies regarding the description of the vehicles or an inaccurate or misleading picture.Any action for any defect, damage, mistake or misrepresentation will lie exclusively against the seller and not against us.
All of the information contained on this Website is provided to you for information purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle. You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, finance rates and valuations, as a substitute for the information that is available to you from the seller. If any of the information on the Website does not correspond with the information given by the Seller, you must always rely on the Seller's information instead of the information on this Website.
If you wish to buy or sell a vehicle we will assist you to get in touch with the seller of the vehicle.
If you decide to buy or sell a vehicle please confirm that the details indicated on this Website are correct with the seller/buyer of the vehicle.
Defects in Used Vehicles
Many of the vehicles displayed by this Website are used or second hand. These vehicles are typically sold "as is". Please ask the Seller to detail all the defects that the seller is aware of in the vehicle before you buy it.
Copyright and Intellectual Property Rights
All content displayed on this Website is provided by us, our affiliates or subsidiary, or any other third party owners of the content ("Content"). All the content and the compilation of the content, belongs to us, our affiliates or subsidiary, or any third party owners of the rights ("Owners"), and the content is protected by South African and international copyright laws.
We may make any changes to the Website, the Content, or to products or services offered through the Website at any time and without notice to you. All rights relating to the Content is reserved and retained by the Owners. Except as specified in these Terms, you are not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
You may access, display, use, download and copy the content for personal, non-commercial use and information purposes only. If you wish to use the content for commercial purposes please contact us to get our written permission to do so.
Your licence to use the content for personal, non-commercial use and information purposes only does not allow you to collect product listings, descriptions and information displayed on this Website, nor does it allow you to make a copy or derivation of this Website.
You may not frame this Website or its content without our written permission.
This Website may contain links to other websites for your convenience. We do not control the content on these websites and we make no representations of any nature regarding these websites.
Should we provide you with the ability to comment on our Website you hereby grant us a non-exclusive, royalty-free, perpetual (everlasting), irrevocable (irreversible), and fully sub-licensable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
When you send us information you warrant that:
You own or are authorised to distribute the information;
The information is accurate;
The information does not violate the rights of any person or entity;
You will indemnify us from any claims resulting from the information provided by you.
You can visit our Website without providing any personal information as defined in the Promotion of Access to Information Act ("PAIA"), Act 2 of 2000, and as detailed in section 1 of the ECTA ("Personal Information").
We collect and freely use and distribute non-identifying and aggregate (added up) information for the purposes of upgrading our Website and making it easier for you to use. This information does not include Personal Information.
We also collect unsolicited information which you can choose to provide to us which will include your:
Product purchase reference and/or intentions
Date of Birth
We collect this information - with your consent - to provide these details the seller of the vehicles you wish to inspect / purchase and to contact you in the future at your request. We may also collect it for other purposes which we will tell you about when we collect the information.
We may enter into business arrangements with third parties and as such our customer base belongs to us and is one of our more valued assets. If we do this, customer information will be one of our transferrable assets.
Should you wish to see what Personal Information we hold about you or wish to update it please contact us using the contact details set out above.
Subject to the Regulation of Interception of Communications Act ("RIC"), Act 70 of 2002, you agree that we may intercept, block, read, delete, disclose and use all communications between you and us, our employees, directors and/or agents. You agree that this consent satisfies the requirements of ECTA and RIC for consent in "writing". You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted and can be intercepted. We cannot be responsible if a third party intercepts communications to or from us and this causes damage to you. Please use caution when communicating in this way.
Personal Information will be stored for as long as it is used and for a period of one year thereafter, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
As this Website is designed to sell vehicles which you need to be over 18 years of age to drive, this Website is not designed to be used by minors. If you are under 18 years of age you may not act upon any of the advertisements in this Website.
While we do not and cannot certify that all the sellers displayed on this Website are reputable, we obviously would prefer to exclude sellers of vehicles who are not reputable. Should you have any problems with any seller we would appreciate it if you could contact us and let us know what the problem was.
Should you have any problem or dispute with us or the Website please contact us using the contact details above and let us know. Should we be unable to assist you then you can contact the National Consumer Commission to assist you further.
Disclaimers and Indemnity
Unless specifically stated to the contrary, under no circumstances will we be liable to the other for any damages (including indirect or consequential damages, or amounts for loss of income, profits, or savings) or costs (including legal costs) relating to the use of this Website or arising from the sale or purchase of any vehicle.
If you make unlawful use of this Website and as a result of this a third party sues or has a claim against us, you will indemnify and hold us harmless against that claim. This means that you will become a party to that claim and will have to pay it if the claim is successful. Unlawful use includes without limitation, any act in breach of this Agreement.
Applicable Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of the Republic of South Africa. You agree to the non-exclusive jurisdiction of the Western Cape High Court.