Terms and conditions
TERMS AND CONDITIONS GOVERNING ACCESS TO AND USE OF THIS WEBSITE, ITS CONTENT AND FEATURES
All references to "Made4Wheels", "we", "us" and "our" in these terms and conditions are deemed to refer to Focus Technology Company Limited, registration number [â], having its registered address at [â], South Africa. [Note : Please advise] All references to "you" and "your" are deemed to refer to any user and/or visitor of made4wheels.com ("Website").
1 Acceptance of terms
2 Use of the Website
2.1 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Made4Wheels representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
2.2 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
2.3 You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Made4Wheels representative.
3 Ownership and copyright
3.1 The contents of this Website, including any information, editorial, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Made4Wheels.
3.2 No licence to or right in any of such content is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said content is prohibited.
3.3 The Website allows you to download and/or copy [screensavers] and [wallpaper featuring Made4Wheels products], Made4Wheels logos and Made4Wheels trade marks. All intellectual property rights in the [screensavers], [wallpaper], logos and trade marks remain with Made4Wheels. By downloading a [screensaver] or [wallpaper] from the Website, you do not obtain any intellectual property rights therein. Made4Wheels grants you a non-exclusive, perpetual licence to display the [screensavers] and [wallpapers] on your personal computer only. You may not share any downloaded [screensavers] or [wallpapers] with others. [Note : Please advise whether relevant]
4.1 Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
4.2 While Made4Wheels take reasonable measures to ensure that the contents of this Website are accurate and complete, Made4Wheels makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
4.3 All INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.
4.4 Made4Wheels does not accept any responsibility for any errors or omissions on this Website.
4.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Made4Wheels also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
5 Linked third party websites
5.1 This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Made4Wheels is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
5.2 In addition to the aforementioned, Made4Wheels is not a supplier of any products which may be advertised through Third Party Websites on the Site. Accordingly, Made4Wheels is not liable for any products, purchased by you due to your reliance on the Third Party Websites, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008.
5.3 Notwithstanding the fact that this Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and WE ARE NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD PARTY WEBSITES or your reliance on any information contained thereon.
6 No Hyperlinks or Deep Linking
6.1 You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as "linking"), to this Website or any subsidiary pages without the prior written consent of an authorised Made4Wheels representative. If Made4Wheels elects to grant such consent, it may be granted subject to such conditions as Made4Wheels may specify from time to time.
6.2 Furthermore, you are not permitted to "deep link" to this Website or to "frame" any part of this Website.
We take the security of this website very seriously. However, due to the nature of the internet, we cannot guarantee that communications between you and us, or personal information stored on our servers, will be free from unauthorised access by third parties.
9 Limitation of liability
9.1 MADE4WHEELS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE, UNLESS SUCH LOSS OR DAMAGES ARISE DUE TO THE GROSS NEGLIGENCE OF MADE4WHEELS.
9.2 YOU HEREBY INDEMNIFY MADE4WHEELS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
10 Changes to these Terms and Conditions
Made4Wheels reserves the right to update and/or amend the Terms and Conditions from time to time and will give written notice to you of such amendments by placing the amended terms and conditions on the Website. You are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
11 Breach of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Made4Wheels may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
12 Availability and termination
12.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
12.2 Made4Wheels may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Made4Wheels will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
13 Entire Agreement and Enforceability
13.2 If there is any provision in these Terms and Conditions that are unenforceable or invalid for any reason, then such provision will be severable from the remaining terms and conditions and will in no way affect the enforceability and validity of the remaining terms and conditions.
13.3 Any failure on the part of Made4Wheels to enforce any right in terms hereof shall not constitute a waiver of that right.
14 Governing Law
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
15 Electronic Communications and Transaction Act Compliance
In compliance with section 43(1) of the Electronic Communications and Transaction Act, 25 of 2002,
please note the following: Full name: Made4Wheels Technology Company Limited
Physical address: 9 Ferguson Road Plumstead Cape Town South Africa
Telefax number: +27 (0) 86 6498430
Telephone number: +27 (0) 21 9351471
Website address: http//www.made4wheels.com
E-mail address: email@example.com
Country of incorporation:South Africa
Directors: S E Stahnke