The Topcar.co.za User Agreement
Please read this USER AGREEMENT carefully. It contains important contractual rights, obligations and conditions between you and TOPCAR. Your acceptance of the terms of this USER AGREEMENT is required for your continued use of this web site.
2. The TOPCAR website consists of information, content and services provided by TOPCAR, its licensor(s) Bauer Media Group, third parties and users of the TOPCAR web site.
3. TOPCAR expressly reserves the right, in its sole and absolute discretion, to amend this agreement.
4. TOPCAR expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software, or file(s) appearing on or transmitted through the TOPCAR web site.
5. Any information and/or content appearing on or transmitted through the TOPCAR web site does not constitute advice and you, the user, are encouraged to consult with your professional advisor before acting on any information or content appearing on or transmitted through the TOPCAR web site.
6. Nothing on this website shall be construed as an offer by TOPCAR to you, the user, but merely an invitation to do business.
INTELLECTUAL PROPERTY RIGHTS & LICENCE
7. All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licenced to TOPCAR, and as such, are protected from infringement by domestic and international legislation and treaties.
8. All rights not expressly granted are reserved. The intellectual property rights in all content, information, services and/or software vesting in TOPCAR shall continue to vest in TOPCAR and no right, title or interest in any proprietary material or information contained in this website is granted to you.
9. TOPCAR grants to you, the user, a personal, non-exclusive, non-assignable and non-transferable licence to use, print and display all content, information, software, or file(s) on any machine(s) of which you, the user, are the primary user for non-commercial purposes only.
10. You, the user, are prohibited from sublicencing, assigning or transferring this licence to any person.
11. Without derogating from the above, you, the user, may designate family members to use and access the information, content or services on the TOPCAR web site subject to the terms of this User Agreement.
12. Unauthorised copying of content, information, software, or file(s), including content, information, software, or file(s) that have been amended, modified, combined or included with such content, information, software, or file(s), or the written materials associated therewith is expressly prohibited.
13. Any unauthorised copying and/or sublicencing, or attempt at copying and/or sublicensing, assignment or transfer of this agreement, shall result in the immediate termination of this agreement by TOPCAR without notice.
14. You, the user, shall be responsible for all use of the information, content or service accessed through your user account, which may be determined by cookies, password(s) or authentication certificate(s).
15. You, the user hereby ratify, guarantee and agree to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through your user account.
16. You, the user, hereby acknowledge that certain information, content, service and/or links may contain objectionable images, materials, content or information.
17. Except as expressly permitted in this User Agreement, neither you, the user, nor your designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive or access through the Service
20. While using this website, information about you may be either collected by us or provided by you. Such information will become the property of TOPCAR.
21. TOPCAR may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that TOPCAR cease sending you such information or request that your personal information be removed from our database or mailing list at any time by e-mailing firstname.lastname@example.org
22. You may also request access to any personal information concerning you that TOPCAR olds. The Promotion of Access to Information Act, 2 of 2000 (“Proatia”) set out and regulate how such a request should be made and under what circumstances such access may be refused.
23. You may update or correct your personal information by sending an email to email@example.com. You may also view your personal information that we hold and correct it if necessary on written request to TOPCAR.
24. TOPCAR does will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to TOPCAR employees or agents who require such information to carryout their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of TOPCAR or its associated services or website(s),TOPCAR will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
25. TOPCAR is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party websites.
27. If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at firstname.lastname@example.org.
TRANSMISSION OF INFORMATION
28. The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to TOPCAR any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will TOPCAR be liable for any loss, harm, or damage suffered by the user as a result thereof. TOPCAR reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should TOPCAR deem it necessary.
29. Any information or material sent to TOPCAR will be deemed not to be confidential, unless otherwise agreed in writing by the user and TOPCAR.
LINKING AND FRAMING
30. It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of TOPCAR.
31. 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 the prior written approval of TOPCAR.
32. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted without our written consent. LINKS TO THIRD PARTY SITES
33. TOPCAR provides links to the user only as a convenience and the inclusion of any link does not imply TOPCAR’s endorsement of such sites.
34. Linked websites or pages are not subject to the control of TOPCAR. TOPCAR shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website
35. By using this website or communicating with TOPCAR by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
CHANGES AND AMENDMENTS
36. This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. TOPCAR reserves the right to make improvements and/or changes or amendments to this website at any time.
37. TOPCAR reserves the right to change and amend the prices and rates quoted on this website without any notice.
We strive to provide you with a dynamic, interactive experience on all our Platforms. It is our aim to keep you informed and entertained by presenting you with the latest and most relevant news and content.
INFORMATION WE COLLECT AND RECEIVE
We collect and receive information about you in the following ways:
1 Information you give us
This includes any information that you provide to us directly, whether through our Platforms or via phone, sms, fax or any other medium, this may include information you give to us:
• when you fill in forms on our Platforms, such as when you sign-up for an account or when you subscribe or register to use services on our Platforms;
• when you enter a competition, promotion or complete a survey;
• when you post comments or content on our Platforms;
• when you purchase one of our products or services;
• when you contact us and when you otherwise provide information directly to us.
2 Information we collect or receive when you use our Platforms, products or services
We collect information when you use our Platforms or services by using cookies, web beacons and other technologies. Depending on how you access and use our Platforms, we may receive:
• Log information (for example information about your interactions with our Platforms and other services you use, the content you view and the search queries you submit);
• Information we infer about you based on your interaction with our products and services;
• Device information (for example the type of device you’re using, how you access our Platforms, your browser or operating system and your Internet Protocol (“IP”) address);
• Location information (for example, your device’s GPS signal and information about nearby WiFi networks and cell towers. We get this information when you use location-enabled services).
3 Information from third-party sources
We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you as described above. We may also receive information about you when you choose to connect with social networking services while using our Platforms.
HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE
We use the information we collect and receive for the following general purposes:
1 To provide you with information, products or services you request from us.
2 To communicate with you. We may want to notify you about changes to our Platforms or provide you with information about competitions, products or services that we feel may interest you.
3 To be effective and relevant in the services we provide you. We want to ensure that content from our Platforms is presented to you in the most effective manner for you and for the device you use. One of the ways we do this is by analysing information we collect and receive from you in order to determine what you might be interested in. This helps us develop more engaging content and provide advertising that is more suited to you and more effective for advertisers, which enables us to keep most of our services free.
4 To provide effective advertising. Many of our Platforms are supported by advertising. We want to enhance our users’ experience by serving ads that may be useful to them. Some of the ways we do this are by:
• showing you ads based on your online activities, such as the websites and apps you use or the content you viewed, as well as data we have collected about you, data that you have provided to us, or data that we have received from third-party sources;
• limiting the number of times you see the same ad; and
• measuring the effectiveness of the ads we serve.
5. To provide customer services, including to create and manage user accounts, to resolve technical difficulties and to enable features;
6. To enforce our Terms and to combat fraud and abuse.
HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE
We don’t sell your personal information to third parties for their marketing purposes.
We may share information with:
• Our affiliates, in other words, other companies in the Naspers group of companies. Naspers consists of a number of different companies, including Media24, that all collect customer information. By sharing this information amongst business units, we may learn more about our customers, allowing us to create a more relevant and engaging customer experience. For more information about the Naspers group visit www.naspers.com.
• Business partners. We may share non-personal information with select business partners. This means that we do not disclose information about identifiable individuals to our business partners (in other words, we do not give them your name and contact details), but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their ad on any given day). We may also use such aggregate information to help our business partners reach the kind of audience they want to target.
• Other parties in response to legal process or when necessary to conduct or protect our Platforms. We may disclose your information if we are under a duty to disclose or share your information in order to comply with any legal obligation or to protect our Platforms. We may also disclose your information during the process of debt collection, or to our attorneys in connection with any potential, threatened or actual litigation, or to our auditors for the purpose of auditing our accounts.
• Other parties in connection with certain business transactions. In the event that we sell any of our businesses or assets, we may disclose your personal information to the prospective buyer of such business or assets, with whom we will have appropriate confidentiality agreements in place.
• Companies that provide services to us. Companies that provide services to us or act on our behalf (“Service Providers”) may have access to information about you. Service providers are limited in their ability to use information they receive from us or you.
• Third-parties where you provide consent. In some cases, third-parties (often advertisers), may wish to attain information about you in order to promote their products to you, or for whatever other reason. We may share personal information with third-parties where you provide consent in the form of explicit opt-in. Such circumstances may include (but are not limited to) an entry into a competition sponsored by a third-party where the provision of your information is a condition for entry to the competition, or where you express your interest in a product or service for which you would like more information.
We will also ensure that your opt-in is explicit and that we provide a clear description of what data would be shared with the third-party. Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data; therefore, be sure to investigate their privacy policies before providing permission for us to share your information.
INFORMATION THIRD PARTIES MAY COLLECT
Some of the content, advertising, and functionality on our Platforms may be provided by third parties that are not affiliated with us. Such third parties include:
• advertising providers, which help us and our advertising customers provide ads that are tailored to users’ interests and understand how users respond to those ads;
• Audience-measurement companies, which help us measure the overall usage of our Platforms and compare that usage to other online services; and
• Social networking services (like Facebook, Twitter, LinkedIn, Instagram) that enable you to register and log into certain of our services and to share things you find on our Platforms with your social network. This is only applicable if you choose to connect with a social networking service; we may provide other registration and login methods.
You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we communicate with you. We manage a number of separate distribution lists across the various Media24 business units, each having its own theme and purpose. Opting out of only one distribution list does not automatically remove you from all other lists. You cannot opt-out of routine service correspondence from us, because then we would not be able to provide services to you.
Third party choice. Many of our third party advertiser partners may offer a choice to opt-out of customised advertising through the Network Advertising Initiative or the Digital Advertising Alliance. Visit the Network Advertising Initiative (US) and the Digital Advertising Alliance – DAA (US), EDAA (EU), DAAC (Canada), ADAA (AU/NZ) to see your opt-out choices from other participating companies.
OUR COMMITMENT TO SECURITY
Although no one can guarantee the security of the information collected and received, we do employ a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your information. We will do our best to protect your personal information and we will use up to date technology that will help us to do this.
LINKS TO OTHER WEBSITES
Our Platforms contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects personal information.
Media24 is based in South Africa, and, regardless of where you use or access our Platforms, products, or services, your information may be transferred to and maintained on servers located in South Africa (or elsewhere in the world where we rely on service providers to support our products). Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.
TRANSMISSION OF INFORMATION
47. The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to TOPCAR any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will TOPCAR be liable for any loss, harm, or damage suffered by the user as a result thereof. TOPCAR reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should TOPCAR deem it necessary.
48. Any information or material sent to TOPCAR will be deemed not to be confidential, unless otherwise agreed in writing by the user and TOPCAR.
LINKING AND FRAMING
49. It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of TOPCAR.
50. 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 the prior written approval of TOPCAR.
51. The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted without our written consent. LINKS TO THIRD PARTY SITES
52. TOPCAR provides links to the user only as a convenience and the inclusion of any link does not imply TOPCAR’s endorsement of such sites.
53. Linked websites or pages are not subject to the control of TOPCAR. TOPCAR shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website
54. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. 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 TOPCAR and its partners/affiliates. The ECT Act may be downloaded from:http://www.polity.org.za/pdf/ElectronicCommunications.pdf
55. You, the user, warrant that you use the TOPCAR web site at your own risk.
56. You, the user, acknowledge that no implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy has been given by TOPCAR, its information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the TOPCAR web site.
57. This website and the information, content and/or services are provided “as is” andTOPCAR makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing, TOPCAR, its information providers, licensors, suppliers, employees, agents, and Internet service providers providing access to the TOPCAR web site does not warrant that the website or information will be error-free or will meet any particular criteria of performance or quality, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this User Agreement.
58. While TOPCAR has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied is given that any files, downloads or applications available via this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.
RISK & LIMITATION OF LIABILITY
59. The user’s use of this website and the information contained therein is entirely at the user’s own risk and the user assume full responsibility and risk of loss resulting from the use thereof. Neither TOPCAR, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein. TOPCAR is a licensed affliliate of the Bauer Media Group.
60. While all reasonable steps have been take to ensure the accuracy and safety of the TOPCAR website, the use of products or services advertised on this website are used at the user’s own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. TOPCAR will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the TOPCAR website.
61. Associated Press Notice
Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing. Copyright 1998 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
62. Reuters Limited Notice
Copyright 1998 Reuters Limited. All rights reserved. Reuters content may not be stored except for personal, non-commercial use. Republication and redissemination of Reuters content is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors, omissions, interruptions or delays in connection with the Reuter content or from any damages arising therefrom.
63. These Terms and Conditions of Use constitute the entire agreement between TOPCAR and you, the user of this website. Any failure by TOPCAR 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.
64. In the event that 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.
65. This User Agreement is concluded in the Republic of South Africa, and shall be governed by and construed in accordance with the laws of the Republic of South Africa and the jurisdiction of the South African courts. A copy of the ECT ACT may be downloaded from:http://www.polity.org.za/pdf/ElectronicCommunications.pdf CONTACT INFORMATION
66. If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
5th Floor, ABSA Building
c/o Adderley & Riebeek str
Tel: +27 21 408 3525
Fax: +27 21 406-3459
(Updated March 2009)
© 2008 BUYS INCORPORATED ATTORNEYS All Rights Reserved. No person is allowed to copy or use this document outside the Naspers Group of companies, 24.com, Educor, Nasboek and Media24.