Convenient Deal4U (CD4U) Terms & Conditions
1. Interpretation & definitions
In this Agreement, unless the context otherwise indicates:
1.1 the singular shall import and include the plural and vice versa;
1.2 words indicating one gender shall import and include the other gender;
1.3 words indicating natural persons shall import and include artificial persons;
1.4 the head notes to this Agreement are used for the sake of convenience only and shall not govern the interpretation of the clause to which they relate;
1.5 the following words and expressions shall, in addition to their respective ordinary meanings, bear the following meanings assigned to each of them respectively:
1.5.1 “Agreement” means this Agreement and all annexures thereto;
1.5.2 “the Client” means a party that lists a vehicle on the Website;
1.5.3 “Confidential Information” means all and any confidential information, including written, oral and electronic information disclosed at any time by either the Client or a User, and shall include this Agreement;
1.5.4 “Data” means any data, including Personal Information, supplied by the Client and/or by a User to the Company;
1.5.5 “Data Subject” means the person to whom Personal Information relates;
1.5.6 “Force Majeure Event" means an event beyond the control of the affected Party which was not reasonably foreseeable by the affected Party and which was not caused by and could not have been reasonably planned for, or avoided by the exercise of reasonable foresight and/or reasonable care and diligence on the part of the affected Party, including acts of God, strikes, lockouts and other industrial disputes (except in relation to that Party's own personnel), war, riot or civil unrest/commotion but only where and to the extent that:
1.5.6.1.1 the non-affected Party agrees (such agreement not to be unreasonably withheld, delayed or conditioned) that the event asserted has prevented the affected Party from performing any or all of its obligations under this Agreement; and
1.5.6.1.2 the event was not caused by the act or omission of the sub-contractor of the affected Party.
1.5.7 “Intellectual Property” means any trademarks, designs, patents, copyright, concepts, source code, Confidential Information, ideas, inventions, methods, methodologies, procedures, processes, know-how, techniques, models, reports, statements, templates, software, software tools, utilities and routines or any changes or additions thereto (if any) whether capable of registration or not and whether registered or not;
1.5.8 “Law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law;
1.5.9 “Party” means any party to this Agreement and includes both natural and incorporated entities;
1.5.10 “Personal Information” means information relating to an identifiable, natural or juristic person, including but not limited to, information relating to race, gender, sex, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, biometric information and financial, criminal or employment history;
1.5.11 “POPI” means the Protection of Personal Information Act, 2013;
1.5.12 “Process” means any operation or activity, whether automated or not, concerning Personal Information, including: collection; receipt; recording; organisation; collation; storage; updating or modification; retrieval; alteration; consultation; use; dissemination by means of transmission, distribution or making available in any other form; merging, linking, as well as blocking, degradation, erasure or destruction of information; “Processed” will have a similar meaning;
1.5.13 “the Schedule” means the schedule appearing on the front page of this Agreement;
1.5.14 “the Signature Date” means the date of last signature of this Agreement by the Parties;
1.5.15 “User” means any party that utilizes or accesses the Website;
1.5.16 “the Website” means the website with the URL www.convenientdeal4u.com and any sub-pages thereto;
1.6 if any provision in the aforesaid definitions is or contains a substantive provision imposing rights and/or obligations on a Party/ies, effect shall be given to such provision as if it were a substantive provision in the body of this Agreement;
1.7 any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time;
1.8 when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Saturday, Sunday or public holiday, in which case, the last day shall be the next succeeding day which is not a Saturday, Sunday, or public holiday. The term “business day” shall mean any day other than a Saturday, Sunday or public holiday;
1.9 where any term is defined within the context of any particular clause in this Agreement (other than definitions appearing in clause 1), unless it is clear from the clause in question that the term so defined has application to the entire Agreement, that defined term shall bear the meaning ascribed to it for the entire main parent clause wherein it is defined (i.e. clause 1 or 2 or 3 etc), including all sub-clauses thereto, and not for the entire Agreement;
1.10 a reference to a Party includes that Party’s successors and permitted assigns;
1.11 in annexures to this Agreement that do not themselves contain their own definitions expressions defined in this Agreement shall bear the same meanings in such annexures;
1.12 the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for such;
1.13 the use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s;
1.14 the rule of interpretation that a contract, or any part of a contract, is to be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply.
2. Use of the Website
2.1 The use of the Website by a User is subject to these terms and conditions and any amendment thereto from time to time.
2.2 The User agrees that it will only use the Company’s website, including images and content therein contained, for personal non-commercial purposes. The information contained on the Website, and all of its content, is for information purposes only and such information does not constitute binding advice on the part of the Company.
2.3 The User warrants that all information inputted into the Website, including without limitation, registration details, will be accurate and correct. The User is prohibited from using any third party’s information in the registration process.
3. Vehicle Listing
3.1 The Company provides services through the Website that permits users to list vehicles for sale to the general public. Such listings are subject to the payment by the User of the applicable charge listed on the Website.
3.2 From time to time the Company may offer rewards, vouchers or other benefits to Users. The rewards are provided subject to such terms and conditions as the Company may from time to time prescribe. The Client consents to such rewards being bundled by the Company in conjunction with the listing of the Client’s vehicle. All Client’s and Users agree to be bound by the terms and conditions determined by the Company in its sole discretion in relation to such rewards.
3.3 In relation to the listing of a vehicle on the Website, the Client undertakes to provide accurate personal and vehicle information at all times
3.4 The Client is entitled to terminate a listing of a vehicle by sending an email to info@convenientdeal4u.co.za . Such listing will be terminated within 7 (seven) days from the receipt by the Company of the termination email. A daily rate of R____ together with an admin fee of R____ will apply to terminations.
3.5 No pro-rata refunds will be granted when a listed vehicle is sold before the expiry date of the purchased pricing option package.
3.6 In relation to dealership packages where a dealership is given an option to list a certain number of vehicles at a certain price, upon cancellation, the daily rate of R______ per vehicle listed will apply.
3.7 The Company may, in its sole discretion, elect to provide free advertising for particular vehicles on high traffic pages on the Website in which event the Client will not be charged any pricing determined according to the packages listed for clients on the website. The Company is entitled to advertise the Client’s vehicle for free at its own discretion.Should the client request any form of advertising, payment will be required as per the package selected.
3.8 Social media advertising can be incorporated into a package at a price listed on the Website. In addition, the Company can elect to advertise the Client’s vehicle for free, at the sole discretion of the Company.
3.9 In the event that the Company elects to provide free listings to the User, then such complimentary listings will be provided at the discretion of the Company and, the remaining terms and conditions of this Agreement will continue to apply to the listing, notwithstanding that no charge is levied to the Client in connection therewith.
4. Payment
4.1 The Client is required to make payment of the applicable charge for the listing of the vehicle through the secured payment gateway (PayFast) incorporated on the Website. At the discretion of the Company, payments through Credit card, Electronic Funds Transfer (EFT) will be accepted, provided however that a vehicle will only be listed once payment has actually been made into the Company’s bank account.
4.2 Save to the extent expressly provided for in these terms and conditions, no refunds will be granted to a Client.
5. Confidentiality & POPI
5.1 The Company agrees to keep all Confidential Information confidential and to comply with POPI in relation to all Personal Information disclosed by a Data Subject to the Company. The obligations of the Company in relation to the maintenance and non-disclosure of Confidential Information in terms of this Agreement do not extend to Confidential Information that:
5.1.1 is disclosed to the Company in terms of this Agreement but at the time of such disclosure such Confidential Information is known to be in the lawful possession or control of the Company and not subject to any obligation of confidentiality;
5.1.2 is or becomes public knowledge, otherwise than pursuant to a breach of this Agreement by the Client; or
5.1.3 is required by the provisions of any Laws or during any court or other legal proceedings, or by the rules or regulations of any recognised stock exchange to be disclosed and the Party required to make the disclosure has taken all reasonable steps to oppose or prevent the disclosure of and to limit, as far as reasonably possible, the extent of such disclosure and has consulted with the other Party prior to making such disclosure.
5.2 Save in the event that the Company agrees thereto in writing, the Company will not: copy, delete, alter, remove, or in any manner process, Data pertaining to any Data Subject save as is permitted by POPI. Personal Information may only be processed by the Company subject to the terms and conditions of this Agreement as read with POPI.
5.3 The Users hereby consents to the Company:
5.3.1 Using the information of the User for the purposes of communicating with the User from time to time; and
5.3.2 Storing the information provided by the User on the Company’s database and using such information for statistical purposes.
6. Liability
6.1 The Company is not liable to a User or to any Client for any misrepresentation, false claims, fraud, or any other event resulting from the acts or omissions of any User or Client. In particular, but without limitation, the Company is not liable to any User or Client for incorrect information provided in any listing, it being agreed that the Company does not have any responsibility for checking vehicle registration, validating any representations regarding a vehicle, inspecting a vehicle and/or ascertaining whether or not a vehicle is the subject matter of a finance agreement. The Client is solely responsible for all representations regarding a vehicle and undertakes to make sure that all material information relating to the vehicle listed is accurate.
6.2 Each Client and each User indemnify and agree to hold the Company harmless against any claims that may be made against the Company by any third party.
6.3 The Company is not liable to the Client for indirect or consequential losses, howsoever arising, and including any such losses that arise from the negligence of the Company, or its agents or employees.
7. Intellectual Property
All intellectual property rights in relation to the Website, the content thereof, including the structure of the Company’s business model, text and images on the Website as well as the content of these terms and conditions vests exclusively in the Company. The Client and each User undertakes not to infringe, directly or indirectly, any such intellectual property rights.
8. Miscellaneous matters
8.1 entire contract
This Agreement contains all the express provisions agreed on by the Parties relating to the subject matter of the Agreement and the Parties waive the right to rely on any express provisions not contained herein.
8.2 variation, cancellation & suspension
No variation of any of the terms and conditions of this Agreement will be binding on the Parties unless committed to writing and signed by them respectively, provided however that the Company may from time to time amend these terms and conditions and the use by a User of the Website thereafter will constitute an irrevocable consent to such amended terms and conditions.
8.3 waivers
No indulgence which any Party/ies may grant to any other shall prejudice or constitute a waiver of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or might arise in the future.
8.4 cession
Except as specifically contemplated in this Agreement, no Party may cede any rights nor delegate any obligations in terms of this Agreement without the prior written consent of all of the other Parties.
8.5 successors
The provisions of this Agreement shall be binding upon the successors-in-title and assigns of the Parties.
8.6 governing Law
This Agreement and all matters or disputes arising therefrom or incidental thereto, shall be governed and construed in accordance with the laws of the Republic of South Africa.