CarBoss Terms and Conditions

Terms of Use

By utilising the services offered by and through this website you agree to the Terms and Conditions as contained hereinafter.

Definitions

• “CarBoss.co.za” also means CarBoss (Pty) Ltd & Adas Software CC of which both companies are duly registered in terms of the laws of South Africa and any of its affiliated companies.
• “Personal information” means a legal entity and/or individual’s name, surname, telephone number, e-mail address and/or current location, or any other relevant personal information.
• “Services” means all of CarBoss.co.za’s services offered through the use of this website, including but not limited to:
• Searching for a vehicle
• Providing of a platform to sell a vehicle
• Being placed in contact with a seller of a vehicle by providing personal information of the prospective purchaser to the prospective seller
• Advertising
• Providing a platform for an individual or entity to provide its/his/her personal information to relevant Third Parties, such as Financial Institutions and the like
• “Us” and/or “Our” and/or “We” means CarBoss.
• “Vehicle” means any item that is either powered or non-powered included but not limited to motor vehicle, bike, bakkie, caravan, trailer camper, commercial vehicle and any other such products.
• “You” and/or “Your” means the user of this website.
• “Relevant Third Parties” includes but is not limited to Motor Importers/Manufacturers, Motor Dealerships, Financial Institutions, Private Sellers and any other such third party that may be represented within our service offerings.

Privacy Policy

Personal information and privacy

CarBoss.co.za respects your privacy and is committed to protecting all personal information provided to it by the users of this website.

By entering any personal information onto this website you confirm that the personal details are your own. In the event that the personal information provided to us is not your own or is inaccurate, CarBoss.co.za will not be liable for the processing of any such incorrect personal information.

CarBoss.co.za will never release your personal information to a non-relevant third party. In all cases, the only personal information we will ever disclose to Third Parties are your details as determined by you in any form of contact that you have made with us through our services and that we have deemed relevant for us to supply you with our services.

By utilising the services provided through this website and entering your personal information on to the website you consent to CarBoss.co.za distributing your personal information for the purpose of bringing a prospective seller and a prospective purchaser in contact with each other and you further consent to CarBoss.co.za analysing all data collected through our services for research purposes.

CarBoss.co.za stores and protects all information that is collected from the use of our services.

CarBoss.co.za respects your right to be able to remove your name from any CarBoss.co.za mailing/newsletter list. This can be done at any time through the functionality supplied via our services and should you not wish to form part of the CarBoss.co.za mailing/newsletter list you should inform us accordingly.

CarBoss.co.za reserves the right to email you with any form of relevant information, should you have made use of any of our services.

CarBoss.co.za does not, and will not, trade "email address lists" or "email address databases".

All personal information provided to CarBoss.co.za will not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed and CarBoss.co.za will thereafter delete all records of the personal information.

General

CarBoss.co.za reserves the right to determine who uses, and how they use any of the services on offer.

Should you use any of the CarBoss.co.za services, CarBoss.co.za will accept that you have agreed to, understood and are legally allowed to accept the "Terms and Conditions", "Terms of Usage" and "Privacy" policies and procedures from that point onwards.

CarBoss.co.za has the right to change their policies from time to time.

These Terms and Conditions are governed by laws of the Republic of South Africa and you agree to submit to the exclusive jurisdiction of courts located within the Republic of South Africa.

Intellectual Property

All intellectual property rights in all material and content made available through the services of CarBoss.co.za are owned by CarBoss.co.za or alternatively CarBoss.co.za is the lawful user thereof, and are protected by both the Republic of South Africa and international property laws.

You agree not to do anything that may infringe on CarBoss.co.za’s intellectual property rights in this regard, including but not limited to unauthorised copying, reproduction, disseminations, sale, publication or exploitation of such material.

Terms & Conditions

• 1. These terms and conditions are binding and enforceable against all website users, including private sellers and dealers, who access this website or any part thereof in order to place an advertisement (including any information and/or photographs therein) on the website.
• 2. The content of this website is the copyright of Adasoftware CC and all trade mark, domain names, design rights, database rights and other intellectual property rights therein shall remain vested in Adasoftware CC (or the applicable third party licensors) and is protected from infringement by local and international legislation and treaties.
• 3. The website user undertakes not to use the website for any unlawful purposes, including the sending of viruses or any other files that may disrupt or corrupt the use of the website. Adasoftware CC may in its sole discretion (i) suspend or remove any website user's access where such website user has utilised the website unlawfully and (ii) remove any advertisement (including any information and/or photographs therein) from the website which is unlawful.
• 4. The private seller must ensure that any advertisement (including any information and/or photographs therein) placed on the website is honest and legal, and does not breach any third party intellectual property rights. The private seller is responsible for any complaints or legal actions in respect of an advertisement (including any the information and/or photographs therein) and indemnifies and holds Adasoftware CC harmless from any and all costs, damages and other losses, arising from, or in connection with, the publication of any advertisement (including any the information and/or photographs therein) on the website.
• 5. Adasoftware CC accepts no liability and responsibility for any inaccuracies, errors, omissions and/or misinterpretations occurring in any advertisement (including any information and photographs therein) on the website, and the website user absolves Adasoftware CC for any responsibility therein.
• 6. All advertisements (including any information and/or photographs therein) provided on this website is provided "as is" and without any representation, warranty or guarantee whatsoever, whether express or implied, including with regard to any implied warranties of accuracy, completeness, quality, functionality, currency, copyright compliance, legality, fitness for a particular purpose or non-infringement with respect to the advertisement (including any the information and/or photographs therein) of the website.
• 7. Adasoftware CC has made every effort to ensure information loaded is accurate and up to date on our website. Because of the unique nature of each stock item the seller is responsible for the information supplied and will need to confirm availability when contacted.
• 8. Adasoftware CC absolves itself from any and all costs, damages and other losses caused to any website user, as a consequence of any failure on behalf of Adasoftware CC to fulfil any of its obligations in terms hereof or as a consequence of any errors or omissions in any advertisement and further, Adasoftware CC is hereby indemnified against any such loss, damage and or inconvenience occasioned to the website user in this regard.
• 9. The use of this website is entirely at the website user's own risk and the website user assumes full responsibility for any risk or loss resulting from the use of this website. Adasoftware CC accepts no liability or responsibility whatsoever for any loss or damage, whether direct, indirect or consequential in nature, suffered by any website user arising out of or in connection with the website user's access to, or use of the Website.
• 10. Adasoftware CC does not warrant that the website shall operate uninterrupted, timely, secure, or error-free or that the server is free from viruses or other harmful components.
• 11. This website may contain images or links to third party websites, with information or material produced by other parties. Adasoftware CC does not control these linked sites and is not responsible for the content, any updates, links or changes to these linked sites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this website links, and that link to this website. Online 365 does not have any control over those other websites and webpages, and is not responsible for their contents or their use. By linking to third-party website or webpage, Online 365 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Online 365 disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
• 12. If any third party wishes to establish a link to this website, by way of hyperlink, frame, or by similar reference, either electronically or otherwise, such third party must obtain the prior written consent of Adasoftware CC. Based on its sole discretion, Adasoftware CC may withhold or grant such consent subject to such conditions as may be specified by Adasoftware CC.
• 13. Adasoftware CC will use reasonable efforts to maintain the confidentiality of any personal information which may be shared by the website user with Adasoftware CC via the website, and undertakes not to share such information with any third party except to the extent necessary to respond to any request for information from the user or where involvement of third parties is required to address such enquiry or request or under circumstances where Adasoftware CC is legally compelled to do so or upon the website user's written consent. However, Adasoftware CC does not warrant or guarantee that any information provided via email and/or this website shall be secure.
• 14. Adasoftware CC may amend these terms and conditions from time to time without notification to the website user. By accessing the website, the website user will be bound by the terms of the latest version of these terms and conditions, as published on this website.
• 15. Should any term of these terms and conditions be held to be invalid, unlawful or unenforceable, such terms and conditions shall be severable from the remaining terms and conditions which shall continue to be valid and enforceable.
• 16. These terms and conditions shall be governed and interpreted in accordance with the law of South Africa and any breach of these terms and conditions entitles Adasoftware CC to take appropriate legal action against the website user.

Exclusion of liability and non-warranty

CarBoss.co.za is not responsible for the conduct of all relevant Third Parties that may be represented within our service offerings.

Pursuant to the provisions of the Consumer Protection Act, you hereby unconditionally and irrevocably indemnify CarBoss.co.za and its subsidiaries and hold CarBoss.co.za harmless against all loss, damages, claims, liability and/or costs of whatsoever nature and howsoever arising from the use of the CarBoss.co.za website.

It is further clearly understood and agreed that CarBoss.co.za will not be liable for any loss suffered, damages sustained or other types of liabilities to persons whether natural or legal utilising the CarBoss.co.za website under any circumstances nor does CarBoss.co.za give any warranties or undertakings in respect of the vehicles that appear on its website.

CarBoss.co.za makes no representations, whether express or implied regarding the vehicles or services that appear on its website, nor does CarBoss.co.za give any guarantees or warranties regarding the vehicle, its type, make, condition, mileage or ownership or any other information pertinent to the vehicle that appears on the CarBoss.co.za website.

CarBoss.co.za endeavours to use relevant Third Parties that are registered with their industry relevant authority organizations and associations.

CarBoss.co.za is not accountable for, will not guarantee, cannot guarantee and waivers all liability from the information, opinions and graphics that depict the new vehicles, used vehicles and any other products throughout our services. The views and opinions expressed on this web site are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of CarBoss.co.za, the CarBoss.co.za staff, and/or any/all contributors to this site.

CarBoss.co.za offers no recourse whatsoever for any vehicle that is available through any of our services.

CarBoss.co.za shall not be held liable for any damage or loss that you may have incurred, in any form or manner whatsoever during the use of, or anything related to, the services that CarBoss.co.za have to offer or the use of any websites which is linked to other websites through hypertext links.