These terms govern your use of the website.
By accessing, visiting or using the website, you accept and agree to the terms. If there is a conflict between these website terms of use and any other rules, policies, notices or special terms agreed between you and Bidvest Namiba Call-a-Car, the following order will prevail: (i) special terms; (ii) website terms of use; (iii) privacy policy and (iv) other rules, policies or notices.
1. Definitions
In the terms:
1.1 "Bidvest Namiba Call-a-Car" or "we" or "us" means the Bidvest Namiba Call-a-Car division of McCarthy Limited;
1.2 "Bidvest Namiba Call-a-Car-dealer(s)" means an accredited Bidvest Namiba Call-a-Car dealer(s) that lists goods available for sale on the website in terms of an agreement with Bidvest Namiba Call-a-Car;
1.3 "service" means the provision of information to users about the goods that Bidvest Namiba Call-a-Car list on the website;
1.4 "terms" means these website terms of use and any other rules, policies, notices or special terms agreed between you and Bidvest Namiba Call-a-Car;
1.5 "user" or "you" means any person who accesses, visits or uses the website;
1.6 "website" means www.callacarcom.na or www.callacar.com.na
2. Interpretation
2.1 Headings are inserted only for reference purpose and will not affect the interpretation of the terms. A reference to a person includes a legal person. The rule that an agreement will be interpreted against the party who drafted the agreement will not apply.
3. Service
3.1 Bidvest Namiba Call-a-Car provides a marketing tool to dealers through which dealers can list vehicles on the website and customers' enquiries about the listed vehicles are thereafter channeled to the relevant dealers. A consumer who eventually purchases a vehicle via Bidvest Namiba Call-a-Car therefore enters into a direct contract of purchase and sale with the relevant dealer that is supplying the vehicle and does not contract with Bidvest Namiba Call-a-Car to buy the vehicle.
3.2 Bidvest Namiba Call-a-Car provides the service to the user on these terms. By providing the service, Bidvest Namiba Call-a-Car does not make any offer to you, but merely provides the information received from dealers to you.
4. Web site use
4.1 You may only use the website for personal use, limited to viewing the website, providing information to the website and downloading product information for your personal review from the website.
4.2 Bidvest Namiba Call-a-Car gives you a limited, revocable licence to use the website subject to the terms only.
4.3 Your licence does not extend to the website's source codes or to the source code of any software or computer program that forms part of the website.
4.4 You may only use the website if in terms of Namibian law you have the legal capacity to enter into an agreement.
4.5 You may only link to the website by linking to the home page of the website.
4.6 Bidvest Namiba Call-a-Car may at any time and for any reason and without notice, suspend, discontinue or amend the website and content.
5. Restrictions
You may not:
5.1 provide any untrue or incorrect information to the website or Bidvest Namiba Call-a-Car;
5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
5.3 lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Call-a-car;
5.4 use malicious search technology, including but not limited to spiders and crawlers;
5.5 frame any pages of the website;
5.6 deep link to any pages of the website in a way to suggest that you are the owner or licencee of any intellectual property in the website;
5.7 incorporate any material from the website in any other work, publication or website either of your own or belonging to any third party;
5.8 use the website, to post any material which in Bidvest Namiba Call-a-Car's discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws. You submit all information at your sole risk and responsibility. Bidvest Namiba Call-a-Car is not responsible or liable for damages or other adverse consequences caused by the use of the information you submit to the website.
6 Disclaimers and disclosure
6.1 Bidvest Namiba Call-a-Car publishes information on its website as a convenience to its users for information purposes only. Bidvest Namiba Call-a-Car receives the information from dealers. Bidvest Namiba Call-a-Car will attempt to provide correct information but as the information is received from dealers, Bidvest Namiba Call-a-Car cannot guarantee that all information will always be correct. Bidvest Namiba Call-a-Car will correct any incorrect information as soon as reasonably possible after it comes to their attention.
6.2 Subject to applicable law Bidvest Namiba Call-a-Car provides the website "as is" and "as available" and disclaims all express or implied warranties, representations and endorsements, including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website will be free from defects, uninterrupted and error free.
6.3 Although Bidvest Namiba Call-a-Car has made every effort to display the goods and their colors as accurately as possible, the displayed products and colors of the products will also depend on your equipment and Bidvest Namiba Call-a-Car cannot guarantee that your equipment will display an accurate representation of the actual goods or their colors. You also need to note that as indicated on the images itself, the images displayed are not necessarily images of the goods that are available for sale but may merely be an example of the goods in stock.
6.4 We update the website weekly. This means that a vehicle displayed on the website may not be available for sale at the time you visit the website. You need to confirm stock availability with the relevant dealer directly.
6.5 Although the website may link to other sites, Bidvest Namiba Call-a-Car is not directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Bidvest Namiba Call-a-Car has not reviewed all sites linked to the website and is not responsible for the content of any off-site pages or any other sites linked to the website. If you link to other off-site pages or other sites, you do that at your own risk.
7. Indemnity
7.1 Subject to applicable law, you indemnify Bidvest Namiba Call-a-Car against any losses that you may suffer as a result of the service, including economic and consequential loss. The indemnity excludes damages that you may suffer as a result of gross negligence and intent on the side of Bidvest Namiba Call-a-Car.
8. Copyright and Intellectual Property Rights
8.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Bidvest Namiba Call-a-Car, and as such, are protected from infringement by domestic and international legislation and treaties.
8.2 All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in callacar.co.za shall continue to vest in Bidvest Namiba Call-a-Car and no right, title or interest in any proprietary material or information contained in this website is granted to you.
8.3 Bidvest Namiba Call-a-Car owns or has the legal rights to all of the website, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the website (the "content"), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the website (the "code"). The content and code of the website are protected by intellectual property and related rights, including but not limited to copyright, patent, database and trademark rights. All logos, names and trademarks, which appear on the website are the intellectual property of Bidvest Namiba Call-a-Car or are used by Bidvest Namiba Call-a-Car under license. Bidvest Namiba Call-a-Car will prosecute any violation of intellectual property rights to the fullest extent that the law permits.
9. Confidentiality
9.1 If you respond to Bidvest Namiba Call-a-Car via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.
9.2 By sending information you grant to Bidvest Namiba Call-a-Car an irrevocable, worldwide, perpetual and transferable right to use these submissions without any limitations for any purposes, which Bidvest Namiba Call-a-Car considers necessary. Subject to the privacy policy Bidvest Namiba Call-a-Car will not be liable for any use or disclosure of such information and will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Bidvest Namiba Call-a-Car will be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information.
9.3 Bidvest Namiba Call-a-Car welcomes your comments and suggestions on its website and service, but Bidvest Namiba Call-a-Car does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its service. By submitting information, you warrant that Bidvest Namiba Call-a-Car may publish the information, use it as part of its operations, and incorporate its concepts in the service or for any other purposes, which Call-a-car considers necessary, without liability.
9.4 Bidvest Namiba Call-a-Car will deal with your personal information in terms of the privacy policy.
10. Termination
10.1 The terms will terminate if Bidvest Namiba Call-a-Cardiscontinues the website.
10.2 Bidvest Namiba Call-a-Car may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights in terms of the law, including but not limited to claims for specific performance and damages.
11. General
11.1 The terms constitute the whole agreement between you and Bidvest Namiba Call-a-Car.
11.2 If any term is found to be void, illegal or unenforceable, the term will be severed from the terms and the remainder of the terms will continue in full force and effect.
11.3 The agreement is regulated by South African law.
CONTACT INFORMATION
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address:
callacar.com.na
4 Robert Mugabe Avenue
Windhoek
Namibia
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McCarthy Limited is an authorized Financial Services Provider. FSP6852.