Last updated: June 14, 2019
These Terms of Service ("Terms of Service") govern your use of The Wheels Club (Pty) Ltd (“Wheels Club”/ “we”/ “us”/ “our”) website located at the domain name www.wheels.club ("Website") and your use of all services provided therein (“Services”). By accessing and using the Website or Services, you agree to be bound by these Terms of Service therefore, we strongly recommend that you take the time to read and understand these Terms of Service. If you do not agree to these Terms of Service you must stop using the Website and any Services immediately.
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms of Service. You therefore represent and warrant that:(a) is of legal age to form a binding contract but at all times, no younger than 18 years old;
You may need to register for an account to access some or all of the Services (“Account”).
To create or maintain an Account, or enable functions on an Account, you will be required to provide us with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures.
In opening and operating an account, you will:(a) create a unique password;
We may refuse to permit you to register an Account or limit the number of Accounts that an individual or any company (“Entity”) may establish at its sole discretion.
Unless you opens an Account on behalf of an Entity, you will use the Services and the Account personally and for your own account and not on behalf of, or for the account of, any third party.
If the Account is opened on behalf of an Entity, you will use the Services and the Account solely for the account of the specified Entity. If the Services are used on behalf of an Entity, you agree to these Terms of Service on behalf of you and any such Entity, and you represent and warrant that you have the authority to bind the Entity to these Terms of Service and that both you and the Entity will be jointly and severally liable under these Terms of Service for any violation of thereof or any other act or omissions by the Entity or by you.
You will be bound by, and hereby authorize us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used the Account opened by you regardless of whether the access is authorized or unauthorized.
Upon receipt of written notice from you stating that the security of the Account has been compromised, we will take reasonable steps to protect the Account, including, for example, to cease to allow actions initiated using any compromised Account passwords.
We reserve the right in our sole and absolute discretion to temporarily or permanently suspend any Account. This blocking or suspension may be a consequence of, among other things, inconsistent information regarding your identity (which are reasonable for the suspension of an Account in our sole and absolute discretion), a pending compliance review, the legitimate and legal request of a third party, the legitimate and legal request and/or order of an authority, governmental body, regulator, justice, Entity, police, etc., which, in our sole and absolute discretion, is reasonable.
We may, in our sole and absolute discretion, require identity verification and other screening procedures with respect to you or and transaction or use associated with your Account.
These verification and screening procedures may include, without limitation, checking the information you provide against any list issued by any governmental or international authority prohibiting or limiting business activities or transactions with any persons.
You may be required to provide us with certain personal information, including, but not limited to, your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, government-issued ID or other photographic proof of your identity, information regarding your business, and information regarding any bank account associated with the Account. Where the Account is in the name of an Entity, you may be required to provide information relating to that entity including, but not limited to, registration and incorporation information, details of the Entity’s business, its registered address and the names of shareholders and directors.
You hereby authorize us, directly or through a third party, to make any inquiries we consider necessary to verify your identity or protect against fraud, including but not limited to:(a) query identity information contained in public reports (e.g., name, address, past addresses, or date of birth);
You further authorize all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
We will have no liability or responsibility for any permanent or temporary inability by you to access the Account or use any Services, including your inability to interact with service providers through the Website, as a result of any identity verification or other screening procedures.
You will not:(a) violate any law, regulation, contract, intellectual property or other third party right, or commit a tort while using the Website or Services;
If we block you from accessing the Website or Services (including by blockage of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking its IP address or using a proxy IP address).
We reserve the right to temporarily or permanently suspend any Account or otherwise restrict any use of the Website or Services relating to any person who acts in contravention of these Terms of Service or where we have any reasonable suspicion of such contravention.Authorized use of the Website and Services.
You are permitted to use the Website and the Services, only as authorized by these Terms of Service.
You are responsible for ensuring that the information in your Account profile is current and correct, including, as applicable, addresses, contact numbers, and email addresses.
You are also responsible for maintaining adequate security, control and confidentiality of your Account information and any activity occurring within that Account. The loss or compromise of your Account information may result in unauthorized access of the Account, which may result in loss for which we will have no responsibility or liability.
If you are using the Account on behalf of an Entity, you are responsible for ensuring that only authorized persons use the Website or Services on its behalf, and you agree that each such authorized person must register and obtain individual access credentials to the Account through the Website.
If you believe that your Account has been compromised, you need to report a security incident, you experience any operational problems, or have any security concerns, you must contact us and describe the issue at hand as thoroughly as possible including the date, type of problem and part of the Website or Services where such problem was experienced.
We bear no responsibility for any loss that you suffer as a result of failing to comply with these Terms of Service, your failure to follow or implement reasonable security policies or infrastructure or your failure to follow or act on any notices or alerts that we may send to you.Updating of these Terms of Service
We reserve the right to update, change, modify, add to or remove from these Terms of Service or replace these Terms of Service in their entirety from time to time. Any changes to these Terms of Service will be provided you via the email address associated with your Account and will be made available on the Website with an amended “Last updated” date above. Any change to these Terms of Service will become effective 7 days after such change being posted on the Website. Despite notice being sent to you via the email address associated with your Account, it is your responsibility to periodically check these Terms of Service on the Website for changes or updates. Your continued use of this Website and/or Services following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms of Service, including such changes or updates.Continuity of Services.
The Website and Services may evolve over time. This means that we may make changes, replace, or discontinue (temporarily or permanently) any of the Services or even the Website as a whole at any time for any reason with or without notice to you. In this case, you may be prevented from accessing or using the Website and/or Services. If, in our sole and absolute discretion, we decide to permanently discontinue the Website or the Services, we will provide you with notice via the Website and the email address associated with your Account.Copyright and intellectual property rights
We and any of our contractors and/or licensors (“Owners”) retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Website and Services and all content on the Website and Services, including trademarks, service marks, designs, logos, URLs, and trade names that are displayed on the Website and Service (“IP”).
The Owners hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the IP to the extent necessary for the proper use of the Services and/or Website. Such license is subject to these Terms of Service and does not permit any resale of the IP; the distribution, public performance or public display of any of the IP; modifying or otherwise making any derivative uses of the IP, or any portion thereof; framing or use of framing technologies to enclose the Website or the Services nor any part thereof; or any use of the IP other than for their intended purposes without our express written consent.
The license granted hereby will automatically terminate if we suspend or terminate your access to the Website or Services.
You may not use, copy or retransmit anything on the Website or through the Services without our written permission
The Owners will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding our business, the Website or the Services that you may provides, whether by email, posting through the Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become our sole property. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you unless specifically agreed by us.
We reserve all rights not expressly granted herein.Third party content
We may provide information about third party products, services, activities or events, or
may allow third parties to make their content and information available on or through the Website or Services (“Third Party Content”). We provide Third Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and use of or interaction with any Third Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third Party Content, and your access to and use of such Third Party Content is at your own risk.Electronic Communications
By using the Website or Services or communicating with us by electronic means, you consent and acknowledge 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.Disclaimer of warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. Your use of the Website and Services is at your sole risk. We, our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained on the Website or in the Services for any purpose or their compliance with any rules, principles or laws, and expressly disclaim any representation or warranty that the Website or Services will be free from errors, viruses or other harmful components, that communications to or from or information used on the Website or Services will be secure and not intercepted, that the Website and other capabilities offered from the Website or Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OFF SERVICES, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS RELATIONSHIP OR USED THE WEBSITE OR SERVICES IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS OF SERVICE. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not be applicable in that jurisdiction.No advice
We are not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by us is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you and your risk appetite.Compliance with law
You are responsible for complying with all applicable laws related to your activities and other use of the Website and/or Services.Indemnification
You agree to indemnify, defend and hold us, our employees, agents, contractors, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of the Website or Services, your violation of these Terms off Service, your violation or contravention of any applicable law or regulation, or your violation of any rights of any other person or entity.LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, CONSULTANTS LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR THE PERFORMANCE OR OPERATION OF THE WEBSITE AND/OR THE SERVICES, YOUR ACCESS TO, DISPLAY OF, USE OF THE SERVICES, OR FOR ANY DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE AND/OR THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will the aggregate liability of us, our employees, agents, consultants, licensors, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed the greater of ZAR 2 000 or the service fees that you paid to us for use of the Website or Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in these Terms of Service will survive and apply even if any limited remedy specified in these Terms of Service is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Service inure to the benefit of us, our employees, agents, consultants, licensors, service providers and subcontractors.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.Release
To the fullest extent permitted by applicable law, you release us, our employees, agents, consultants, licensors, service providers, or subcontractors from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.Choice of law and arbitration
If any dispute, controversy or claim arises out of or in connection with these Terms of Service, including any question regarding their existence, validity, interpretation, breach or termination (“Dispute”), it shall be referred, upon written notice given by one party to the other party, to finally resolve such Dispute by arbitration pursuant to the rules of the Arbitration Foundation of Southern Africa (“AFSA”), which rules are deemed to be incorporated by reference into these Terms of Service.The tribunal shall consist of a single arbitrator nominated AFSA.
Any dispute between the parties will be governed by these Terms of Service and the laws of South Africa, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
All parties (including the arbitrator) will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any claim arising out of or related to these Terms of Service or the Website or Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that the parties will not have the right to assert the claim.Revisions and errors
The materials appearing on the Websites or associated Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on such Websites or in such Services are accurate, complete, or current. We may make changes to the materials contained on such Website or in such Services at any time without notice. We do not, however, make any commitment to update the materials.Severability
If any of the provisions of these Terms of Service are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.No waiver
No failure on our part to exercise or enforce any right or provision of these Terms of Service or indulgence in favour of you will constitute a waiver of that right or provision.Assignment
We may assign these Terms of Service to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets.Entire agreement
These Terms of Service, together with any other agreements that apply to the relationship between you and us constitute the entire and exclusive agreement between the parties regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.Electronic Communications Act Disclosures
Access to the Website and/or Services is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:(a) Our full name and legal status: The Wheels Club (Pty) Ltd