THESE TERMS ARE EFFECTIVE AS OF: 1st January 2020 “EFFECTIVE DATE”
READ THESE TERMS CAREFULLY BEFORE BROWSING THE FLIPPING CARS WEBSITE.
YOUR CONTINUED USE OF THE FLIPPING CARS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.
YOU CANNOT USE THE FLIPPING CARS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
By accessing and using the Flipping Cars website and/or application, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access, display, use, download, or otherwise copy or distribute content obtained on the website and/or the application.
2. Updating of these Terms
Flipping Cars may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to the website and/or the application. Flipping Cars will notify you of the changes via email or by posting a notice on the website and/or application. Your continued use of this website and/or application following the posting of changes or updates will be considered notice of your acceptance of these Terms, including any changes or updates.
3. No Warranties
3.1 The completeness or accuracy of information or any advice that maybe contained on the website and/or application or any website to which it is linked;
3.2 The content of the advertisements for vehicles appearing on the website and/or application, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any vehicles.
4. No obligation unless in writing
We will not be bound to any allegations that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the website and/or application, support and/or any other form of communication. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website and/or application cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
5. Copyright and Intellectual Property Rights
5.1 All intellectual property including trademarks, names and logos, whether registered or not, embodied in the content published on the website and/or application, are the proprietary marks of Flipping Cars. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms in any way confers on you any license or right under any trade marks, names or logos.
5.2 All rights, including copyright, in the content of the website and/or application and the photographs of any vehicles displayed on the website and/or application from time to time and all rights in our database of vehicles, are owned and/or controlled by us.
5.3 Except as expressly permitted by these Terms, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the website and/or application or authorise any person, or procure any other person to do so.
6. Limitation of liability
6.1 The website and/or application and all content on the website and/or application, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Flipping Cars, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any act or omission.
6.2 Flipping Cars will not be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the website and/or application or functionality of any linked website and/or application to the extent permissible by law.
6.3 The content of and information appearing on the website and/or the application may be altered, amended or updated from time to time and may at times be outdated. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the website and/or application and we do not accept responsibility for keeping the information and content on the website up to date or any liability for failure to do so.
6.4 Flipping Cars exclude all representations and warranties relating to access to and use of the website and/or application, whether they are statutory or otherwise, as far as permissible by law.
6.5 Flipping Cars will carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the website will be continuously available on-line. We therefore provide the website on an “as is” and “as available” basis.
6.6 Flipping Cars does not warrant that the website (or websites which are linked to the website) and/or application is free from computer viruses or any other malicious or impairing computer programs. It is the user’s responsibility to ensure use of appropriate virus checking software.
6.7 Interception of communications:
Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Flipping Cars will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make through the internet, or that you expressly or implicitly authorise to make, or for any errors or any changes made to any transmitted information.
6.8 To ensure acquaintance with and awareness of the privacy measures and policies of Flipping Cars, you are urged to read and understand the ‘Privacy Statement’ on our website.
7. Choice of Law
7.1 These Terms will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of South African courts.
7.2 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
7.3 These Terms constitute the entire agreement between Flipping Cars and the user with regards to the use of the website and/or application.