1.1. In these terms and conditions, the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings –
1.1.1. “Agreement” means the agreement set out in this document comprising the terms and conditions of the Certiride website, as amended from time to time;
1.1.2. “Certiride” means Certiride Proprietary Ltd, registration number 2015/449705/07, a private company incorporated and registered in accordance with the laws of the Republic of South Africa;
1.1.3. “ECT Act” means the Electronic Communications and Transactions Act, No 25 of 2002; and
1.1.4. “User” shall mean any person who enters and utilizes this website.
1.2. Hyperlinks herein to legal documents shall be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
2.1. In terms of section 11 of the ECT Act and the common law, these terms and conditions are valid, binding and enforceable against all persons that access this website, its web pages or any part thereof.
2.2. If you do not agree to be bound by these terms and conditions you must leave the website without delay, as further use will automatically bind you to these terms and conditions.
3.1. Certiride provides an online platform that provides individuals who are selling or buying cars with a third party facilitator service and add on services such as inspection of the vehicle, correct pricing of the vehicle, photo shoots, professional advertising, mechanical inspections and the full change of ownership process (including obtaining roadworthy certificates on behalf of the seller).
3.2. Any User of this website and its functions and services offered must be of 18 (eighteen) years of age or older.
3.3. There is no legal entitlement to the benefits of the functions and services offered on this website and Certiride has the right to refuse provision of its services without providing explanation.
3.4. The User agrees and understands that Certiride is not a party to any agreements entered into between sellers and buyers and that Certiride has no control over the conduct of sellers and buyers or other Users.
Certiride does not endorse any User or vehicle advertised on this website. Although the sellers are required to provide accurate information, Certiride does not attempt to confirm, and does not confirm, any seller’s or User’s purported identity.
5.1. Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, the use of any information contained on this website is at the User’s own risk and Certiride, its providers, creators, owners, representatives, agents and/or nominees accept no liability for the use of and/or reliance upon any information on this website, nor shall they be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of or reliance upon, or the inability to use, the information contained on this website, or the information in any sites or pages linked to this site.
5.2. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this Agreement with Certiride that the service available from and through this website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
5.3. Neither Certiride nor any of its providers, creators, owners, representatives, agents and/or nominees shall be liable for any damage, loss or liability of whatsoever nature arising from the use of or inability to use this website.
6.1. When a User visits the Certiride website or sends electronic mails to Certiride, that User consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications sent by Certiride satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
6.2. Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002, the User further agrees to Certiride’s right to intercept, block, filter, read, delete, disclose and use all communications (including “data messages” as defined in the ECT Act) sent or posted by the User to the website.
Certiride is not responsible for, and has no knowledge of, or control over the content of any websites referred by hyperlinks on this website (“External Websites”). Links to External Websites that may be provided are solely to facilitate your easy connection to such websites. Certiride does not sponsor, endorse, or accept any liability for the content, products and/or services in respect of External Websites and use of any information provided on such websites is at the User’s sole risk. Certiride further shall not be liable, in any manner whatsoever, for the access to or inability to access or use the content available on or through External Websites.
The User may not create a link to any part of this website without Certiride’s prior written consent. If the User does create a link to any page of this website, the User acknowledges that he/she is solely responsible for the consequences of creating such link and he/she agrees to defend, indemnify and hold Certiride, its officers, directors, employees, agents and suppliers harmless from and against all damages, costs, losses (including without limitation, loss of profits) and expenses of any nature, whether direct or indirect, arising from or in connection with the creation of such link.
9.1. Certiride, its providers, creators, owners, representatives, agents and/or nominees shall not be responsible for security breaches occurring on the website which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
9.2. Any User that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be liable to be prosecuted and civil action shall be instituted in the event that Certiride suffers any damage or loss.
10.1. This website is operated and controlled by Certiride and/or its affiliates. The information from this website is protected by copyright and other proprietary rights laws. No information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written consent of a duly authorised representative of Certiride. Certiride and/or its affiliates retain all intellectual property rights in respect of Certiride’s function and services as provided for on this website.
10.2. Any unauthorised copying, or attempt at copying, assignment or transfer of this Agreement or of any content of the Certiride website contrary to the provisions of this Agreement, shall result in the immediate termination of this Agreement by Certiride and/or its affiliates and Certiride reserves the right to -
10.2.1. claim damages from the User; and/or
10.2.2. institute criminal proceedings against the User.
10.3. Except as specified in this Agreement, the User is not granted a license or any other right, including without limitation under copyright, trademark, patent or other intellectual property rights in or to the content of this website.
10.4. Certiride expressly reserves the right, in its sole and absolute discretion, to remove, alter, modify, supplement and/or restrict access to the services, content, information, software or files appearing on or transmitted through the website.
10.5. The User hereby ratifies, guarantees and agrees to be personally liable for any and all obligations entered into or assumed by others who use the information, content or services through his/her User account.
10.6. Certiride, its providers, creators, owners, representatives and agents and/or nominees of this website shall not be liable, and the User hereby waives any claim it may have, for the remission and/or refund of any payment due to this site not being operation for any period of time.
Access to the goods, services, content, software and downloads available from the Certiride website may be classified as “electronic transactions” as defined in the ECT Act and Users therefore have the rights as provided for in chapter 7 of the ECT Act. Pursuant to this and in accordance with Certiride’s statutory obligations, it hereby discloses the following information to the User –
11.1. Full name and legal status of the website owner:
11.3. Users may lodge complaints concerning the Certiride website at firstname.lastname@example.org
11.4. Manner and period within which Users may access and maintain a full record of the transaction:
13.1. This website is controlled and operated by Certiride, the providers, creators, owners, representatives, agents and/or their nominees within the Republic of South Africa. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
13.2. If the User accesses this website from any location outside the Republic of South Africa, that User is responsible for compliance with the local laws within the Republic of South Africa.
14.1. Certiride reserves the right to change, modify, add or remove from portions or the whole of this Agreement from time to time. Changes to this Agreement will become effective upon such changes being posted to this website.
14.2. It is the User’s obligation to periodically check this Agreement for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by this Agreement, including such changes or updates.
15.1. If any provision of this Agreement, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the Parties shall endeavour in good faith to agree on an alternative provision to the void, illegal or unenforceable provision.
15.2. This Agreement constitutes the entire agreement between Certiride and the User with regard to the use of this website and any of its content.
15.3. The failure by a Party to enforce any provision of this Agreement shall not affect in any way that Party’s right to require performance of the provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision thereof.
Certiride is cutting out dealerships to bring more transparency and value to the South African used car market. We help car buyers pay lower prices for better cars, and we help car sellers get paid more if they have a high-quality vehicle. We take care of all the paperwork and logistics too - we're turning a typically difficult experience into something safe and easy.
Johannesburg, South Africa
© 2016 Certiride (Pty) Ltd. All rights reserved