1.1. IMPORTANT NOTICE: These Terms and Conditions set out the terms of the agreement between you and Motoflex (“the Agreement”) under which we will provide you with access to the information and services we offer from time to time.
1.2. By using the Website and purchasing goods and/or services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions, please do not continue to use the Website or conduct any further business with Motoflex.
1.3. We therefore suggest that your read the below carefully.
1.4. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms and Conditions before purchasing any goods or services.
1.5. If there is anything in this Agreement that you do not understand please email us at email@example.com.
2.1. Insofar as this Agreement falls within the ambit of the Act, the following information is made available to you in respect of the supply of goods and/or services offered for sale, hire or exchange by way of an electronic transaction:
2.1.1. All our contact details are set out in clause 11 below.
2.1.2. Goods and/or Services: The goods and/or services provided through the Website are various services which enable you to give instructions to Motoflex.
3. USE OF THE WEBSITE
3.1. You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
3.2. You are prohibited from posting or transmitting, 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, which content includes but is not limited to:
3.2.1. any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
3.2.2. any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
3.2.3. any content that constitutes an invasion of privacy; or
3.2.4. any content that is an infringement of any intellectual property right; or
3.2.5. any content that contains software viruses; or
3.2.6. any content that constitutes a political statement, commercial solicitation, or “Spam”.
3.3. You warrant that:
3.3.1. you own or otherwise control all rights to any and all content that you may submit to the Website; and
3.3.2. any use of such content will not cause injury or harm to any person or entity; and
3.4. You hereby indemnify Motoflex and/or its affiliates, directors, officers and employees, against any and all claims of whatever nature resulting from any content placed or submitted by you on the Website.
3.5. The following activities on or through the Website are expressly prohibited:
3.5.1. any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon, without the prior written authority of a representative of Motoflex; and
3.5.2. the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
3.5.3. any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website;
3.5.4. any attempt to gain unauthorised access to the Website or its related systems or networks;
3.5.5. accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
3.5.6. the reverse engineering or decompiling of the Website to (without limitation)(i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
3.6. When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
3.7.1. allow other people to use your User Name and Password; or
3.7.2. impersonate another User or any third party; or
3.7.3. provide false information to gain access to the Website.
3.8. You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
3.9. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should consult your own professional advisors, and take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website.
3.10. Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
5. INTELLECTUAL PROPERTY
5.1. All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Motoflex or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Motoflex and is protected by South African and international copyright laws.
5.2. Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of Motoflex or the copyright owner.
6. LIMITATION OF LIABILITY
6.1. Whilst every attempt is taken by Motoflex to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website are virus- or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
6.2. We may provide links to other websites or resources. We are unable to accept, and do not accept, responsibility for these websites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
6.3. While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
7. OUR LIABILITY TO YOU
7.1. We shall not be liable to you in contract, delict (including for negligence) or otherwise:
7.1.1. for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
7.1.2. for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
7.1.3. for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
7.2. Each provision of this clause 7 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality, or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
8. CHANGES, SUSPENSION, AND TERMINATION
8.1. We may alter and/or amend the Website at any time without giving notice to you,
8.2. We may suspend or terminate the Website at any time without giving notice to you.
8.3. Motoflex may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of this Agreement.
8.4. Such termination shall not affect any right or remedy to relief to which Motoflex may be entitled.
8.5. Upon termination of this Agreement, all rights granted to you will terminate and revert to Motoflex.
8.6. Motoflex may at any time modify these Terms and Conditions without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
8.7. We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
8.8. We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website whenever you visit the Website.