TERMS AND CONDITIONS
1.1 In these terms and conditions the following words have the following meanings:
Adver(s)/Advertisements means all material displayed on the website or in emails sent from us to you.
Use/Using includes but is not limited to visiting the website and/or agreeing to buy vehicles and/or conducting business as a result of receiving our Adverts;
User means a person¸ firm or company (collectively and/or individually as the context admits) that has been issued with a username and password for accessing www.beatmytradein.co.za.
Username and password means the username and password issued to you to allow your business to access the website;
Website means the website located at www.beatmytradein.co.za;
We/Us/Our means BeatMyTradeIn
You/Your/Yourself means a person using the website or receiving our emails.
- Username and Password
2.1 If you believe there has been any breach of security including (but not limited to) the disclosure¸ theft or unauthorized use of your username or password¸ you agree to notify us immediately in writing by email to info@BeatMyTradeIn.co.za
2.2 Your username and password are unique to you and are issued on the express understanding that they are for the intended user only. The sharing of usernames and passwords and accounts is expressly prohibited.
2.3 You will be liable for all use of the Website made by you or anyone else using your username and password and you are solely responsible for preventing unauthorized use of your username and password
2.4 We may include your username and password in email that we send to you¸ it is therefore important that you are careful not to forward those emails onto others as this would result in that person having access to your username and password. If you believe this may have happened you agree to notify us immediately in accordance with 2.1
3 Sale and purchase of goods through the website
3.1 The website is a service for displaying adverts and acts only as a means by which buyers and sellers can be introduced. Any arrangements made between you and any third parties named on the website are at your sole risk and responsibility.
3.2 You hereby accept that we have no liability in respect of any goods or services advertised on the website or which we send to you by email. We accept no responsibility for any error or inaccuracy in any advert. You hereby accept that it is your sole responsibility to satisfy yourself as to the quality and nature of any goods to be purchased by you.
3.3 For the avoidance of doubt you hereby accept that we will not be liable for any indirect or consequential loss¸ damage or expenses (including loss of profits¸ business of goodwill) howsoever arising out of any advert placed or arising out of any goods sold advertised for sale on the website or contained in emails sent to you by us.
3.4 You agree to observe and comply with all applicable regulations and legislation¸ including obtaining all necessary customs¸ import or other permits to purchase goods advertised on the website. We make no representation and accept no liability in respect of the export or import of the goods advertised on the website or in emails sent to you by us.
4 Use of information relating to other users
4.1 You hereby agree only to contact other users regarding the sale and purchase of items advertised on the website and not to use contact details of other users for any other purpose. Misuse of the website will result in a breach of these terms and conditions and may result in termination of membership.
4.2 You hereby agree not to disclose any contact details or advert details of any user to any third party who is not a user.
4.3 You hereby agree to indemnify us and hold us harmless from and against all losses¸ costs (including reasonable costs on a full indemnity basis)¸ claims¸ demands¸ actions¸ liabilities and expenses in connection with any breach of this paragraph 4.
5.1 We reserve the right to suspend or terminate your right to access and use of the website at any time. We also reserve the right to cease sending you adverts at any time. Such rights may be exercised without notice.
6 Limitation of liability and disclaimer.
6.1 We give no warranties in respect of the website or any goods advertised thereon, ¸ or e-mails we may send. The website is provided on an "as is"¸ "as available" basis and although we make every effort we do not guarantee the accuracy¸ timeliness¸ completeness¸ performance or fitness for a particular purpose of the website or the goods advertised thereon. All implied warranties are excluded by these terms and conditions to the fullest extent that they may be excluded by law.
6.2 We make no warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties.
6.3 We will not be liable for any damages (including without limitation damages for loss of profits) arising in contract¸ tort or otherwise from your use or inability to use the website or any content or from any action taken (or refrained from being taken) as a result of using the website.
6.4 Although every effort has been made to ensure the accuracy of information on this website neither we nor any of our employees¸ suppliers¸ make any warranty¸ expressed or implied¸ or assume any legal liability (to the fullest extent permitted by law) or responsibility for the accuracy or completeness of any information contained on the website
6.5 The website contains material and advertising submitted by third parties to us. Such third parties are responsible for ensuring that material submitted for inclusion on the website is subject to these terms and conditions. We do not accept liability in respect of any adverts or material submitted by third parties.
6.6 Every effort is made to ensure that registered buyers accessing this website are professional members of the motor trade.
6.7 We reserve the right to revise the website or withdraw access to part or all of it at any time.
8 Changes to these Terms and Conditions.
8.1 From time to time we may change these terms and conditions. It is your responsibility to refer to our terms and conditions on a regular basis. By accessing the website you are agreeing to be bound by the terms and conditions as varied or amended from time to time.
9. Database theft
9.1 Our database is protected by law. The establishment of our database has evolved and its maintenance and development continues to involve extensive work including the collection of raw data¸ the design of the database the selection and verification of data for inclusion in the database and the insertion and arrangement of selected data in the database. The cost of establishing the database and of continuing to obtain¸ verify and present its contents is considerable.
9.2 No permission to copy¸ reproduce modify or download the website (or any part of it) is given.
9.3 We put you on notice that we will instruct our Solicitors to bring an action against you for any unauthorized use of the data on this website. Such unauthorized use includes¸ but is not limited to¸ the copying of the content¸ the extraction and/or re-utilization of the whole or of a part¸ of the contents of the database and utilizing the same whether acting by yourself¸ your servants¸agents¸associated companies¸ or otherwise howsoever and (to the extent permitted by law) in another website or similar portal that serves the motor trade.
10. External links and banner Advertisements
10.1 Where this website is hypertext linked to any website operated by any third party we accept no responsibility or liability arising in respect of any content on such website. When You access any other website from the website you understand that it is independent from the website and that we have no control over the content or availability of that website. The inclusion of a hypertext link on the website to any other website does not mean that we endorse or accept any responsibility for the content or the use of¸ such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content¸ goods services available on or through any other website or resource.
10.2 Third party banner advertisements¸ pop-up advertisements and other virtual advertising may be experienced whilst browsing the website. Such third party advertisements may not have been approved by us and may appear on the website without our knowledge or consent¸and we accept no responsibility or liability in respect of the content or display of any such third party advertisements.
10.3 We do not permit any links to be made to the website without our written permission
11 Trademarks and copyright
11.1 The word or mark"BeatMyTradeIn" however represented¸ including stylized representations¸ all associated logos and symbols¸ and combinations of any of the foregoing with another word or mark¸used on the website¸ are the trade marks of BeatMyTradeIn or one of its associated companies.
11.2 The trade marks¸ domain name www.beatmytradein.co.za and copyright in the website and its materials¸including the database are the property of BeatMyTradeIn unless otherwise stated.
12.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part of these conditions will not be affected.
12.2 Except for our directors¸ employees or representatives¸ a person who is not a party to this agreement has no right to enforce these terms and conditions but this does not affect any right or remedy of a third party that exists or is available.
12.3 These terms and conditions shall be governed by and construed in accordance with SA law and the SA courts shall have jurisdiction to resolve any disputes between us.
12.5 Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.
12.6 You may contact us in the case of queries by email to info@BeatMyTradeIn.co.za