1. Who The User Contracts With
http://www.vehiclesoft.com (the 'Website') is owned and operated by VehicleSoft. Visitors to the Website ('Consumers' or 'The User'), ('The Client') are bound by these terms and conditions ('T&C'). If The User does not agree to these T&C, do not continue to use the Website. The User continued use of the Website will constitute acceptance of the T&C, as the original from VehicleSoft, by The Client. This document explains how the agreement is made up, and sets out the terms of that agreement.
2. Basis of the T&C
In order to use the Services, The Client must firstly agree to the Terms. The Client may not use the Services if The Client does not accept the Terms.
The Client can accept the Terms by:
Clicking to accept or agree to the Terms, where this option is made available to The Client by VehicleSoft in the user interface for any Service; or By actually using the Services. In this case, The Client understands and agrees that VehicleSoft will treat The Client’s use of the Services as acceptance of the Terms from that point onwards. The Client may not use the Services and may not accept the Terms if:
The Client are not of legal age to form a binding contract with VehicleSoft, or The Client is a person barred from receiving the Services under the laws of South Africa or other countries including the country in which The Client are resident or from which The Client uses the Service. Before The Client continues, print or save a local copy of the Universal Terms for The Client’s records.
3. Language Of The Terms
Where VehicleSoft has provided The Client with a translation of the English language version of the Terms, then The Client agrees that the translation is provided for The Client’s convenience only and that the English language versions of the Terms will govern The Client’s relationship with VehicleSoft. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision Of Services By VehicleSoft
VehicleSoft has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to The Client on behalf of VehicleSoft itself. The Client acknowledges and agrees that Subsidiaries and Affiliates will be entitled to provide the Services to The Client. VehicleSoft is constantly innovating in order to provide the best possible experience for The Users. The Client acknowledges and agrees that the form and nature of the Services which VehicleSoft provides may change from time to time without prior notice to The Client.
As part of this continuing innovation, The Client acknowledge and agree that VehicleSoft may stop (permanently or temporarily) providing the Services (or any features within the Services) to The Client or to users generally at VehicleSoft's sole discretion, without prior notice to The Client. The Client may stop using the Services at any time. The Client does not need to specifically inform VehicleSoft when The Client stops using the Services.
The Client acknowledges and agrees that if VehicleSoft disables access to The Client’s account, The Client may be prevented from accessing the Services, The Client’s account details or any files or other content which is contained in The Client’s account.
The Client acknowledges and agrees that while VehicleSoft may not currently have set a fixed upper limit on the number of transmissions The Client may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by VehicleSoft at any time, at VehicleSoft's discretion.
5. Use Of The Services By The Client
In order to access certain Services, The Client may be required to provide information about The Client (such as identification or contact details) as part of the registration process for the Service, or as part of The Client’s continued use of the Services. The Client agrees that any registration information The Client give to VehicleSoft will always be accurate, correct and up to date. The Client agrees to use the Services only for purposes that are permitted by the Terms and applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions. The Client agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VehicleSoft, unless The Client has been specifically allowed to do so in a separate agreement with VehicleSoft. The Client agrees not to engage in any activity that interferes with or disrupts the Services unless The Client has been specifically permitted to do so in a separate agreement with VehicleSoft. (or the servers and networks which are connected to the Services).
The Client agrees that The Client will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
The Client agrees to be solely responsible for (and that VehicleSoft has no responsibility to The Client or to any third party for) any breach of The Client’s obligations under the Terms and for the consequences (including any loss or damage which VehicleSoft may suffer) of any such breach.
6. Privacy and The Client’s personal information
For information about VehicleSoft data protection practices, please request VehicleSoft privacy policy at sales@vehiclesoft.com. This policy explains how VehicleSoft treats The Client’s personal information, and protects The Client’s privacy, when The Client uses the Services.
The Client agrees to the use of personal data in accordance with VehicleSoft privacy policies.
7. Proprietary rights
The Client acknowledges and agrees that VehicleSoft (or VehicleSoft licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Client further acknowledges that the Services may contain information which is designated confidential by VehicleSoft and that no party shall disclose such information without VehicleSoft prior written consent.
Unless The Client has agreed otherwise in writing with VehicleSoft, nothing in the Terms gives anyone the right to use any of VehicleSoft trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If The Client has been given an explicit right to use any of these brand features in a separate written agreement with VehicleSoft, then The Client agrees to the use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and VehicleSoft brand feature use guidelines as updated from time to time.
Other than the limited license set forth in this agreement, VehicleSoft acknowledges and agrees that it obtains no right, title or interest from The Client (or licensors) under these Terms in or to any Content that The Client submitted, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless The Client haves agreed otherwise in writing with VehicleSoft, The Client agrees to be responsible for protecting and enforcing those rights and that VehicleSoft has no obligation to do so on the Client’s behalf.
The Client agrees to not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless The Client has been expressly authorised to do so in writing by VehicleSoft, The Client agrees that in using the Services, not to use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
8. Copyright and trade mark policies
It is VehicleSoft policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in South Africa, the ECT Act of 2002) and to terminating the accounts of repeat infringers.
9. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by VehicleSoft on the Services are subject to change without specific notice to you.
In consideration for VehicleSoft granting The Client access and utilisation of the Services, The Client agrees that VehicleSoft may place such advertising on the Services.
10. Disclaimer
Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither VehicleSoft nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, VehicleSoft makes no representations or warranties, implied or otherwise, that, amongst others, the content and services available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. The User are encouraged to report any possible malfunctions and errors to sales@VehicleSoft.za.net.co.za.
This Website is supplied on an 'as is' basis and has not been compiled or supplied to meet The User’s individual requirements. It is The User's sole responsibility to satisfy The User's requirement prior to accepting these T&C that the service available from and through this Website Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of VehicleSoft and The User are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Neither VehicleSoft nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold by VehicleSoft or any Marketplace Seller on this Website.
11. Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, The User and VehicleSoft submit to the non-exclusive jurisdiction of the South African courts.
12. Privacy
VehicleSoft shall take all reasonable steps to protect The User personal information. For the purpose of this clause, 'personal information' shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
VehicleSoft may electronically collect, store and use the following of The User personal information:
VehicleSoft collects; stores and uses the abovementioned information for the following purposes:
VehicleSoft shall not disclose The User personal information unless;
13. Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that VehicleSoft suffers any damage or loss, including any Denial of Service (DOS) attempt.
The User agrees and warrants that The User log-in name and password shall:
14. Changes to Agreement
VehicleSoft may, in its sole discretion, change these T&C or any part thereof at any time with or without notice. It is The User responsibility to visit the Website to see whether the T&C have been amended and ensure that The User is satisfied with the amendments. Should The User not be satisfied with the amendments, The User must refrain from placing any further orders on, or from using in any way, the Website.
15. Copyright
Any and all copyright subsisting in the Website, including these T&C, vests in VehicleSoft and all rights not expressly granted are reserved.
Unless The User is registered as an Agent with VehicleSoft, The User may only download, view and print content from this Website for private and non-commercial purposes.
16. Intellectual Property Rights
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to VehicleSoft and as such are protected from infringement by local and international legislation and treaties.
17. Electronic Communications
When The User visit the Website or send e-mails to VehicleSoft, The User consent to receiving communications from VehicleSoft electronically and agree that all agreements, notices, disclosures and other communications sent by VehicleSoft satisfy any legal requirements, including but not limited to the requirement that such communications should be 'in writing'.
18. Hyperlinks
Except for persons who are a registered Agent with VehicleSoft, no person, business or web site may link to any page on this Website without the prior written
permission of VehicleSoft. Such permission could be obtained by contacting sales@vehiclesoft.com
Hyperlinks provided on this Website to non-VehicleSoft sites are provided as is and VehicleSoft does not necessarily agree with, edit or sponsor the content on such web pages.
19. Framing
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
20. Spiders and Crawlers
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of VehicleSoft. Such permission could be obtained from sales@vehiclesoft.com
21. Information
The ECT Act states that in the event where VehicleSoft offers goods or services by way of certain electronic transactions; VehicleSoft must make the following information available to The Client on websites where the goods or services are offered:
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000
