Introduction. Welcome to www.ClassicCars.co.za ("ClassicCars"). By accessing ClassicCars you are agreeing to the following terms, which are designed to make sure that ClassicCars works for everyone.
Using ClassicCars. As a condition of your use of ClassicCars you agree that you will not:
· violate any laws;
· violate the Posting Rules;
· post any threatening, abusive, defamatory, obscene or indecent material;
· be false or misleading;
· infringe any third-party right;
· distribute or contain spam, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm ClassicCars or the interests or property of ClassicCars users;
· impose an unreasonable load on our infrastructure or interfere with the proper working of ClassicCars;
· copy, modify, or distribute any other person's content without their consent;
· use any robot spider, scraper or other automated means to access ClassicCars and collect content for any purpose without our express written permission;
· harvest or otherwise collect information about others, including email addresses, without their consent;
· bypass measures used to prevent or restrict access to ClassicCars.
You are solely responsible for all information that you submit to ClassicCars and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ClassicCars if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off ClassicCars or not, we do not accept any liability for monitoring ClassicCars or for unauthorized or unlawful content on ClassicCars or use of ClassicCars by users.
Fees and Services. Using ClassicCars is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rands, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Content. ClassicCars contains content from us, you, and other users. ClassicCars is protected by copyright laws and international treaties. Content displayed on or via ClassicCars is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from ClassicCars without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ClassicCars. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ClassicCars (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on ClassicCars by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by ClassicCars.
Liability. Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on ClassicCars comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ClassicCars, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
General. These terms and the other policies posted on ClassicCars constitute the entire agreement between ClassicCars and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against ClassicCars.com Limited must be resolved by the courts of England and Wales. You and ClassicCars both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and ClassicCars both agree to submit to the jurisdiction of the County Court of Wandsworth
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.