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Terms and conditions of use


 

EZ-Drive CC WEBSITE TERMS AND CONDITIONS OF USE – REVISION: 1 SEPTEMBER 2022

 

ANY PERSON (USER) ACCESSING THIS WEBSITE IS SUBJECT TO, AND AGREES TO, THE TERMS AND CONDITIONS SET OUT IN THIS LEGAL NOTICE. IF THE USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, THE USER MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD, COPY AND/OR OTHERWISE DISTRIBUTE ANY CONTENT WHATSOEVER OBTAINED ON/FROM THIS WEBSITE.

 

1. Browser software

1.1. This Website is best viewed on a desktop computer or devices with large screens. Internet browsing sofware like Firefox, Google Chrome or Internet Explorer is recommended, but not limited to such software. Please be sure to install the latest version available for optimum experience whilst browsing.

1.2. The Website is designed to have keyboard navigation, ease of use and solid research in mind.

1.3. The Website is not optimized for Android platforms or mobile devices and therefore its functionality cannot be guaranteed.

2. Copyright and usage

2.1. Users may view, copy, download to a local drive, print and distribute the content of this website, or any part thereof only for non-commercial informational or reference purposes.

2.2.1. Commercial listings, if not in 'text only' format, must strictly comply with EZ-Drive's marketing policy.

2.2.2. Users who wish to use content from this site for commercial purposes may only do so with the prior written permission obtained from EZ-Drive CC. Any reproduction and/or copy of the content or portion thereof for commercial purposes must include this copyright notice in its entirety: "Copyright © 2000 EZ-Drive CC; ALL RIGHTS RESERVED".

2.3. No user or third party shall:

2.3.1. reproduce, translate, adapt, vary, modify, enhance, lease, licence, sub-licence, decompile, disassemble, reverse engineer or encumber any part, portion or as a whole of the Website for any reason and in any manner;

2.3.2. remove any identification, trademark, copyright or other notices;

2.3.3. without EZ-Drive’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the User;

2.3.4. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

2.4. All moral and any other rights of EZ-Drive CC or other legal entity in respect of which content is contained on this site not expressly granted are reserved.

3. Intellectual property rights

3.1. All copyright and other intellectual property rights in all content, data, trademarks, including, but not limited to, software, technology, databases, know-how, text, graphics, icons, logos, hyperlinks, private information, designs, program, publications, material, multimedia works, confidential information, agreements, products or ideas described in this website may be the subject of other rights, including other intellectual property rights, which are the property of or licensed to EZ-Drive, or a legal entity, and as such are protected from infringement by South African legislation and international treaties and conventions.

3.2. By submitting reviews, comments and/or any other content (other than your personal information) to EZ-Drive for posting on the Website, you automatically grant EZ-Drive and its affiliates a non-exclusive, royaltyfree, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content. You represent and warrant to EZ-Drive that you have the right, title and authority to grant such licence to EZ-Drive.

3.3. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this website are expressly reserved. By accessing data on this website the user is not licensed or authorised.

4. Disclaimer

4.1. The information on this website is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s).

4.2. It is the sole responsibility of the user to satisfy themself prior to accessing this website that the website will meet the user's individual requirements and be compatible with the user's hardware and/or software. Information, ideas and opinions expressed on this site should not be regarded as final fact or opinion of any legal entity in respect of which information, ideas and opinions are expressed on this website. Users are encouraged to consult with us on professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

4.3. EZ-Drive makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this site are free from errors or omissions, that the service will be 100% uninterrupted and error-free or will meet any particular criteria of performance or quality. This site is provided 'as is'. EZ-Drive expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. It makes no express or implied representations or warranties regarding the content of the website and that the website has been compiled or supplied to meet the user's individual requirements. Users are encouraged to report any possible errors, malfunctions or offensive material by using the 'contact us' link.

4.4. The use of the content of this website is at the user’s own risk. The user assumes full responsibility and risk of loss resulting from the use of the content of this site. EZ-Drive or any of the legal entities in respect of which information are contained on this site, or employees of EZ-Drive or such entity, will not be liable for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this document or information. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply. Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), EZ-Drive shall not be held 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.

4.5. Certain links in the web server lead to resources maintained by third parties over whom EZ-Drive has no control. EZ-Drive makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

4.6. The provisions of Part 2 of Chapter III of the Electronic Communications and Transactions, 2002 is hereby excluded from applying to any electronic communications and data messages that a user sends to EZ-Drive via this website. Any communications or data message that a user sends to EZ-Drive will be regarded having been received by EZ-Drive when receipt is acknowledged in writing. If the user does not receive a response within a reasonable period of time, the user should follow it up with EZ-Drive. EZ-Drive shall not be liable for any failure to respond.

4.7. If a user requires any information from EZ-Drive regarding its services or the content of this website, please contact us.

5. Linkage and framing

5.1. We welcome third-party websites to link to the information that is hosted on these pages.

5.2. It is expressly prohibited for any person, business, entity or website to frame any page on this website, including the home page, in any way whatsoever, without prior written approval of EZ-Drive.

6. Children's privacy protection

EZ-Drive recognises and uphold the importance of protecting children's privacy in the interactive online world.

7. Severability

These terms and conditions of use constitute the entire professional or other relationship between EZ-Drive and the user of this website. Any failure by EZ-Drive to exercise or enforce any right or provision of these terms and conditions of use shall in no way constitute a waiver of such right or provision. If any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

8. Updating of these terms and conditions

EZ-Drive reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this website. It is the user’s obligation to periodically check these terms and conditions of use at this website for changes or updates. The user’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use, including such changes or updates.

9. Removal and correction of content

9.1. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to EZ-Drive. EZ-Drive undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

9.2. EZ-Drive may, in its sole discretion remove, correct or add any content from/to the Website.

10. Disclosures required by section 43 of the ECT Act

10.1. The full name and legal status of the Website owner: EZ-Drive CC

10.2. Company Registration number: 2000/020374/23

10.3. Physical address: The Wine Cellar, Bronberg Mountain Estate, Plot 182 Graham Rd, Zwavelpoort, Pretoria East

10.4. Postal address: Postnet Suite 992, Private Bag X37, Lynnwood Ridge, Pretoria East, 0040

10.5. Telephone number: +27 (0)71 362 9350

10.6. Main business: Motor vehicle conversions

10.7. EZ-Drive website address is: www.ez-drive.co.za

10.8. The official e-mail address of EZ-Drive is: admin@ez-drive.co.za

10.9. Membership of self-regulatory or accreditation bodies:

10.10. The Manual published in terms of section 50 of the Promotion of Access to Information Act 2 of 2000 (PAIA) of the owner of the Website may be downloaded from www.ez-drive.co.za

10.11. Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

10.11.1. access to EZ-Drive web site;

10.11.2. the inability to access EZ-Drive website;

10.11.3. the services and content available from EZ-Drive website; or

10.11.4. these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in terms of the South African law in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: www.arbitration.co.za

10.12. Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;

10.13. Users may lodge complaints concerning the Website with EZ-Drive as Web Contact or call +27 71 362 9350.

11. Security

11.1. In order to ensure the security and reliable operation of the services to all EZ-Drive’s users, EZ-Drive hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications. However, EZ-Drive does not make any warranties or representations that content shall be 100% safe and secure.

11.2. EZ-Drive is under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.

11.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Web site or the server and computer network that support the Website. Any person or entity which does so or attempts to do so shall be held criminally liable. Further, should EZ-Drive suffer damages or loss, civil damages shall be claimed by EZ-Drive against such User.

11.4. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold EZ-Drive harmless against any and all liability, damages and losses EZ-Drive and its partners / affiliates may suffer as a result of such damaging code.

11.5. Users may not develop, distribute or use any device to breach or overcome the security measures of the Website and EZ-Drive reserves the right to claim damages from any and all persons concerned with a security failure or breach.

11.6. Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by EZ-Drive and its partners / affiliates.


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