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.

USAGE
1. Persons (User(s)) using the TOPCAR website for any reason whatsoever, subject themselves to and agree to these terms and conditions and privacy policy of TOPCAR when accessing this web site.

2. The TOPCAR website consists of information, content and services provided by TOPCAR, its licensor(s), 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

ELECTRONIC COMMUNICATIONS
18. TOPCAR reserves the right to change and amend the prices and rates quoted on this website without any notice. PRIVACY POLICY

19. TOPCAR respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out TOPCAR information gathering and dissemination practises.

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 feedback@topcar.co.za

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 feedback@topcar.co.za. 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.

26. TOPCAR reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access theTOPCAR website and your continued use of the website after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.

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 feedback@topcar.co.za.

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.

SEARCHING TECHNOLOGY
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

ELECTRONIC COMMUNICATIONS
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.

PRIVACY POLICY
38. TOPCAR respects your privacy and is committed to privacy protection principles. This privacy policy statement sets out TOPCAR information gathering and dissemination practises.

39. 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.

40. 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 feedback@topcar.co.za

41. You may also request access to any personal information concerning you that TOPCAR holds. 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.

42. You may update or correct your personal information by sending an email to feedback@topcar.co.za. You may also view your personal information that we hold and correct it if necessary on written request to TOPCAR.

43. 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.

44. 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.

45. TOPCAR reserves the right to alter the terms and conditions of this privacy policy at any time. You will be responsible for reviewing any such changes each time you access theTOPCAR website and your continued use of the website after changes have been posted online, constitutes your acceptance of this policy as modified by the posted changes.

46. 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 feedback@topcar.co.za.

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.

SEARCHING TECHNOLOGY
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

SECURITY
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

WARRANTY
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.

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.

SEVERABILITY
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.

APPLICABLE LAW
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:

Street Address:
TOPCAR

5th Floor, ABSA Building

c/o Adderley & Riebeek str

Cape Town

8000

Tel: +27 21 408 3525
Fax: +27 21 406-3459

Email: feedback@topcar.co.za

(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.