Terms and Conditions

These terms are effective 1 January 2017

Welcome to findcar.today ("FindCarToday"). These Terms and Conditions, the Privacy Policy and all policies posted on our website set out the terms on which we offer you access to and use of our website, services, applications and tools (also referred to as "Services").

All policies and the Privacy Policy are incorporated into these Terms of Conditions. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the terms described below. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use FindCarToday. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.

FindCarToday is owned, operated and provided to you by Kastim Pty Ltd, Atlantic Beach Golf Estate, Melkbosstrand, Republic of South Africa, also referred to below as "FindCarToday". This policy is effective 1 January 2017.

Using FindCarToday. As a condition of your use of FindCarToday you, agree that you will not:

  • violate any applicable laws
  • violate any applicable posting rules;
  • post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
  • post any material that is harmful to, harms or could harm minors in any way;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm FindCarToday or the interests or property of FindCarToday users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of FindCarToday;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access FindCarToday and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • bypass measures used to prevent or restrict access to FindCarToday.

You are solely responsible for all information that you submit to FindCarToday and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.

Abuse of FindCarToday

FindCarToday and the FindCarToday community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off FindCarToday if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off FindCarToday or not, we do not accept any liability for monitoring FindCarToday or for unauthorized or unlawful content on FindCarToday or use of FindCarToday by users. You also recognise and accept that FindCarToday is not under any obligation to monitor any data or content which is submitted to or available on the site.

Fees and Services

Using FindCarToday is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Credit Card Transactions are acquired by Virtual Card Services (Pty) Ltd, a registered systems operator and payment gateway in South Africa. View Virtual Card Service's security and privacy policy here. Your credit card details will, in accordance with legislation, not be stored and be kept secure and not be accessible by any unauthorised individual.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.

Content

FindCarToday contains content from us, you, and other users. FindCarToday is protected by copyright laws and international treaties. Content displayed on or via FindCarToday is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from FindCarToday without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in FindCarToday. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of FindCarToday (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from your content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees. You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the FindCarToday Terms and Conditions.

Infringement

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on FindCarToday by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, items infringing on the intellectual property rights will be removed by FindCarToday.

When reporting an infringement, make sure that the information you provide (ensuring objects are either the entitled party or their officially authorized representative) is accurate must also enable FindCarToday to identify the advertisement to be removed. An infringement request should be submitted by the lawful owners of the intellectual property rights. For all questions, visitors and advertisers can send us a message via our contact page.

Liability

You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on FindCarToday comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

FindCarToday may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of FindCarToday. FindCarToday is not involved in transactions between users and the operators of such third party sites. FindCarToday does not accept responsibility for their content, services and/or products.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of FindCarToday, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information

By using FindCarToday, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by FindCarToday on servers located in the European Union, United States and other locations, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Security

In order to ensure the security and reliable operation of the site for all users, FindCarToday reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by FindCarToday and its affiliates, agents and/or partners.

Resolution of disputes

If a dispute arises between you and FindCarToday, we strongly encourage you to first contact us directly to seek a resolution by going to the FindCarToday Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on FindCarToday constitute the entire agreement between FindCarToday and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against FindCarToday must be resolved by the courts of the Republic of South Africa, and you and FindCarToday both agree to submit to the non-exclusive jurisdiction of Cape Town, the Republic of South Africa.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to P.O.Box 30, Melkbosstrand, 7441. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Mobile Devices Terms If you're accessing FindCarToday Services from a mobile device using a FindCarToday Mobile Application (the "Application"), the following terms and conditions apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. FindCarToday grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your data service agreement). The Application may not contain the same functionality available on the findcar.today website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

Intellectual Property - Applications. FindCarToday owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter FindCarToday's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any FindCarToday Application.