Web Site Terms & Conditions of Use
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialists in Internet and e-commerce law: (021) 461 7387. Website: www.buys.co.za
This website is only intended to provide the user with information regarding McCarthy Motors, its products and services.
McCarthy Motors expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice.
Nothing on this website shall be construed as an offer by McCarthy Motors to you, the user, but merely an invitation to do business.
OWNERSHIP & COPYRIGHT
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to McCarthy Motors, and as such, are protected from infringement by domestic and international legislation and treaties.
All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in McCarthy Motors shall continue to vest in McCarthy Motors and no right, title or interest in any proprietary material or information contained in this website is granted to you.
Without derogating from the foregoing, McCarthy Motors hereby authorises you to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
- such content is used for information purposes only;
- all moral rights of McCarthy Motors and its employees or agents are reserved.
- such content is used for non-commercial purposes. Without derogating from the aforegoing, you are expressly prohibited from incorporating any material from this web site in any other work, publication or web site either of your own or belonging to any third party;
- any reproduction of this the content of this web site, or portion thereof, must include this copyright notice in its entirety;
- documents specified above include the design and layout of this web site. Elements of this web site are protected by law and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this web site may be copied or retransmitted unless expressly permitted by McCarthy Motors.
By using this web site or communicating with McCarthy Motors by electronic means, the user consents and acknowledges 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".
CHANGES AND AMENDMENTS
This website may include technical or other inaccuracies or typographical errors. Changes and amendments are periodically made to the information herein and these changes will be incorporated in any new editions of this website. McCarthy Motors reserves the right to make improvements and/or changes or amendments to this website at any time.
McCarthy Motors reserves the right to change and amend the prices and rates quoted on this website without any notice.
While using this web site, information about you may be either collected by us or provided by you. Such information will become the property of McCarthy Motors. We will have the right to use your information to generate anonymous statistics, which will be our property.
McCarthy Motors may use this personal information to provide you with information regarding our products, services, or events from time-to-time. You may request that McCarthy Motors cease sending you such information or request that your personal information be removed from our database or mailing list at any time by e-mailing [please insert correct e-mail address for this purpose]
You may request access to any personal information concerning you that McCarthy Motors holds. The Promotion of Access to Information Act, 2 of 2000 ("PROATIA") sets out and regulates how such a request should be made and under what circumstances such access may be refused.
You may update or correct your personal information by e-mailing [please insert correct e-mail address for this purpose]. You may also view your personal information that we hold and correct it if necessary on written request to McCarthy Motors.
McCarthy Motors will not disclose any personal information to anyone except as provided for in this policy. We may however need to disclose personal information to McCarthy Motors employees or agents who require such information to carry out their duties. There may also be situations where the law requires us to disclose your personal information. In all other situations, except in the case of the sale of McCarthy Motors or its associated services or web site(s), McCarthy Motors will not disclose your personal information without giving you prior notice thereof and an opportunity to give your consent thereto.
McCarthy Motors is not responsible for,gives no warranties or makes any representations in respect of the privacy policies or practices of linked or third party web sites.
If you have any questions or concerns arising from this policy or the way in which we are handling your personal information, please contact us at [please e-mail for this purpose].
TRANSMISSION OF INFORMATION
The user acknowledges that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. The user is therefore discouraged from transmitting to McCarthy Motors any information that may be confidential, proprietary, or sensitive. The user shall bear all risk of transmitting such information in this manner and under no circumstances will McCarthy Motors be liable for any loss, harm, or damage suffered by the user as a result thereof. McCarthy Motors reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should McCarthy Motors deem it necessary.
Any information or material sent to McCarthy Motors will be deemed not to be confidential, unless otherwise agreed in writing by the user and McCarthy Motors.
LINKING AND FRAMING
It is expressly prohibited for any person, business, entity or website to link to any page on this website, including the home page, without the prior written approval of McCarthy Motors.
It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of McCarthy Motors.
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
No information or data on this website is an offer, but merely an invitation to do business.
No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement of receipt from this website.
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website's server and/or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 5 to 7 hereof.
LINKS TO THIRD PARTY SITES
McCarthy Motors may provide links to the user only as a convenience and the inclusion of any link does not imply McCarthy Motors's endorsement of such sites.
Linked websites or pages are not subject to the control of McCarthy Motors. McCarthy Motors shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that McCarthy Motors should suffer any damage or loss, civil damages will be claimed.
This website and the information contained therein are provided "as is" and McCarthy Motors makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the aforegoing:
- McCarthy Motors does not warrant that the web site or information will be error-free or will meet any particular criteria of performance or quality. McCarthy Motors expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility and accuracy;
- Whilst McCarthy Motors has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty (whether express or implied) is given that any file, download or application available via this website is free of viruses, trojans, bombs, time-locks or any other data/code than can corrupt, damage or affect the operation of the user's system.
RISK & LIMITATION OF LIABILITY
The user's use of this website and the information contained therein is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof. Neither McCarthy Motors, its affiliates, or their shareholders, agents, consultants or employees will be liable for any damages whatsoever, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, delict or otherwise, relating to the use of, or inability to use, this website or the information contained therein. This clause does not apply to section 43(5) and (6) of the Electronic Communications and Transactions Act.
While all reasonable steps have been taken to ensure the accuracy and safety of the McCarthy Motors website, the use of the products or services advertised on this website are used at the user's own risk. The user accepts full responsibility and risk of any injury, damage, or loss resulting from the use thereof. McCarthy Motors will not be liable for any personal or physical damage or loss, howsoever caused, whether directly or indirectly, resulting from the use of the McCarthy Motors website.
These Terms and Conditions of Use constitute the entire agreement between McCarthy Motors and you, the user of this website. Any failure by McCarthy Motors to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
This website is hosted, controlled and operated from the Republic of South Africa, and thus, South African law and the jurisdiction of the South African courts govern the use or inability to use this web site.
By accessing this website you agree that in the event of any dispute of any nature whatsoever arising between you and McCarthy Motors on any matter provided for in, or arising out of this agreement, then that dispute shall be submitted to Trust Online and decided by mediation or arbitration.
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:
Old Momentum Building
267 West Avenue
PO Box 11760
© 2002 BUYS INCORPORATED ATTORNEYS All Rights Reserved