Auto Pedigree - Terms of Usage

1.   Introduction

1.1. These terms and conditions shall govern your use of the Auto Pedigree website.

1.2. By using the Auto Pedigree website, you accept these terms and conditions in full.

1.3. By using any part of the website such as registering, submitting material, subscribing, or any other of our website services, we ask that you agree with these terms and conditions.

1.4. You must be at least eighteen years of age. With the use of the Auto Pedigree website and/or agreement to the terms and conditions, you warrant and represent that you are at least eighteen years of age.

1.5. By the use of the Auto Pedigree website and/or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.    Copyright notice

2.1. Copyright (c) 2015 Auto Pedigree.

2.2. Subject to the provisions of these terms and conditions: we, and our licensors, own and reserve all the copyright and intellectual property rights and material on our website.

3.    Licence for use

3.1. Subject to the other provisions of these terms and conditions, You may view, print, use our website services, download pages for caching, and stream audio or video files from our site.

3.2. Except as permitted by Section 3.1 or the other provisions of these terms and conditions, you may not download or save any material from our website to your computer.

3.3. Use of the Auto Pedigree website is strictly for your own personal or business use.

3.4. Except as permitted by these terms and conditions, you may not edit or modify any material on the Auto Pedigree website.

3.5. Unless you own or control the relevant rights in the material on the Auto Pedigree website, you may not republish or redistribute; sell, rent or sub-license; and exploit for a commercial purpose, any material from our website.

3.6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

4.    Acceptable use

4.1. You may not use the Auto Pedigree website:

4.1.1.   In any way that causes, or may cause, damage, impairment, availability or accessibility of the website;

4.1.2.   in any way that is unlawful, illegal, fraudulent or harmful;

4.1.3.   In any way that is linked to any spyware, computer virus or any other malicious computer software;

4.1.4.   conduct any systematic or automated data collection activities;

4.2. You may not collect data from the Auto Pedigree website to contact individuals, companies or other persons or entities or for any direct marketing activity.

4.3. You must ensure that all the information you supply through our website is true, accurate, and non-misleading.

5.    Limited warranties

5.1. We do not warrant: the completeness or accuracy of the information published; that the material is up to date; or that the website or any website service will remain available indefinitely.

5.2. We reserve the right to discontinue the Auto Pedigree website or alter any or all the website services, at any time in our sole discretion without notice.

5.3. To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

6.    Limitations and exclusions of liability

6.1. Nothing in a contract under these terms and conditions will:

6.1.1.   limit or exclude any liability for death or personal injury resulting from negligence;

6.1.2.   limit or exclude any liability for fraud or fraudulent misrepresentation;

6.1.3.   limit any liabilities in any way that is not permitted under applicable law; or

6.1.4.   exclude any liabilities that may not be excluded under applicable law.

6.2. The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:

6.2.1.   are subject to Section 11.1; and

6.2.2.   govern all liabilities arising under that contract relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, expect to the extent expressly provided otherwise in that contract.

6.3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

6.8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Auto Pedigree website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7.    Breaches of the terms and conditions

7.1. Without prejudice to our other rights under these terms and conditions, if you breach or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

7.1.1.   send you one or more formal warnings;

7.1.2.   temporarily suspend your access to our website;

7.1.3.   permanently prohibit you from accessing our website;

7.1.4.   block computers using your IP address from accessing our website;

7.1.5.   contact any or all of your internet service providers and request that they block your access to our website;

7.1.6.   commence legal action against you, whether for beach of contract or otherwise; and/or

7.2. Where we suspend or prohibit or block your access to our website or a part of our website, you may not take any action to circumvent such suspension or prohibition or blocking.

8.    Variation

8.1. We may revise these terms and conditions from time to time without notice.

9.    Assignment

9.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

9.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

10. Severability

10.1. If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2. If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11. Third party rights

11.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

11.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

12. Entire agreement

12.1. Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of the Auto Pedigree website.

13. Law and jurisdiction

13.1. A contract under these terms and conditions shall be governed by and construed in accordance with South African law.

13.2. Any disputes relating to a contract under these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of South Africa.

14. Statutory and regulatory disclosures

14.1. We are a registered private company with registration number 1983/009088/06.

14.2. We provide financial services and advice under FSP 25934.

14.3. Our VAT number is 4670110032

15. Our details

15.1. This website is owned and operated by Auto Pedigree.

15.2. We are registered in South Africa under registration number 1983/009088/06 and our registered office is at 81 Steel Road, Spartan, Kempton Park, 1619.

15.3. Our principal place of business is at 81 Steel Road, Spartan, Kempton Park, 1619.

15.4. You can contact us by writing to the business address given above, by using our website contact form, by email to info@autopedigree.co.za or by telephone on 011 230 9000.

16. Credit

16.1. This document was created using a template from SEQ Legal.