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Terms & Conditions

 

In terms of section 11 of the electronic communications and transactions (ECT) Act 25 of 2002 these terms and conditions are binding and enforceable against all persons that access the EasyDrive web site or any part of thereof.

If you do not agree to these terms and conditions you must leave the EasyDrive web site without delay, as further use will automatically bind you to these terms and conditions.

 

Definition and interpretation.

 
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"The EasyDrive web site" means the EasyDrive web site owned and operated by Pretoria Easy Drive and located at http://www.easydrive.co.za, including any page, part or element thereof.

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"user " means any person who enters or uses the EasyDrive web site, notwithstanding the fact that such a person only visits the home page of the EasyDrive web site.

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"Guidosimplex" means the manufacturer of Guidosimplex systems stationed in Italy.

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References herein to the singular includes the plural and vice versa.

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Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

 

General:
Easy Drive is a web site that provides information on vehicle conversion systems for the disabled driver, driving school vehicle adaptation systems and safari vehicle conversions provided by Pretoria Easy Drive. Easy Drive also provide secondary services such as web- communication and -correspondence, bulletin board for user comments, helpful hints and helpful contacts.

 

Allowed use and License:
bulletEasy Drive License the user to view, download and print the content of the Easy Drive web site, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
bulletContent from the Easy Drive web site may not be used or exploited by users for any commercial and non-private purposes without the prior written consent of Easy Drive.
bulletUsers may only access, browse and use the Easy Drive web site for legal purposes.
bulletThe caching of the Easy Drive web site shall only be allowed if:
  1. The purpose of the caching is to make onward transmissions of the content from the Easy Drive web site more efficient,
  2. The cached content is not modified in any matter whatsoever,
  3. The cached content is updated at least every 24 (twenty four) hours, and
  4. The cached content is removed or updated when so required by Easy Drive.
bulletIf any user uses content from the Easy Drive web site in breach of the provisions detailed herein:
  1. Easy Drive reserves the right to claim damages from the user,

  2. Easy Drive reserves the right to institute criminal proceedings against the user, and,

  3. Easy Drive shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the user or any third party who obtained any content from the user.

bulletHyperlinks to the Easy Drive web site from any other source shall be directed at the home page of the Easy Drive web site. Links beyond the Easy Drive home page may only be used with Easy Drive's written consent.
bulletEasy Drive shall not be liable, in any matter whatsoever, for any damage, loss or liability that resulted from the use of content from the Easy Drive web site, if such content was accessed through a hyperlink not directed at the home page of the Easy Drive web site. Persons that wish to link to content beyond the home page of the Easy Drive web site without Easy Drive's written consent shall do so at their own risk and indemnify Easy Drive against any loss, liability or damage that may result from the use of content from the Easy Drive web site. The Easy Drive's non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
bulletUsers may quote small and reasonable amounts of content available from the Easy Drive web site and only if such quote is placed in inverted commas and acknowledged.
bulletNo person or company may, without the prior written consent of the Easy Drive, frame the Easy Drive web site in any manner whatsoever.
bulletApart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Easy Drive web site for any purposes, without the prior written consent of the Easy Drive.
bulletE-mail addresses, names, telephone numbers and fax numbers published on the Easy Drive web site may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information o the Easy Drive web site may be used to communicate unsolicited communications to Easy Drive and all rights detailed in 45 of the ECT Act are reserved.
bulletAll licenses and/or permissions granted in terms of this clause are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Easy Drive at any time without prior notice or reasons.

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Intellectual Property Rights
All intellectual property on the Easy Drive web site, including but not limited to content, trademarks, domain names, patents, design elements, software source code, meta tags, databases, text, graphics , icons and hyperlinks are the property of or licensed to Easy Drive and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the user in "allowed use and license" clause, all other right to intellectual property on the Easy Drive web site are expressively reserved.

 

Guidosimplex Indemnity
bulletEasy Drive has the right to install and supply Guidosimplex systems and Easy Drive has the right to proclaim that Easy Drive comply to the safety standards, durability, ease of use, technical ability and workmanship of Guidosimplex.
bulletEasy Drive reserves the right to install any type of system into/onto vehicles, irrespective of brand name, manufacturer, importers or local suppliers.
bulletEasy Drive reserves the right to publish photo's, pictures and technical data of all systems installed and supplied by Easy Drive.

 

Software and Equipment
It is the responsibility of the user to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the Easy Drive web site and/or download content from the Easy Drive web site.

 

Changes and Amendments
EasyDrive reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
bulletChange these terms and conditions,
bulletchange the content and/or services available from the Easy Drive web site,
bulletdiscontinue any aspect of the Easy Drive web site or service(s) available from the Easy Drive web site, and/or
bulletchange the software and hardware required to access and use the Easy Drive web site.

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Disclaimer and Limitation of Liability
bulletSubject to provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Easy Drive (including its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
 
  1. access the Easy Drive web site,
  2. access to web sites linked to the Easy Drive web site,
  3. inability to access the Easy Drive web site,
  4. inability to access web sites linked to the Easy Drive web site,
  5. content available on the Easy Drive web site,
  6. services available from the Easy Drive web site,
  7. downloads and use of content from the Easy Drive web site, and/or
  8. any other reason not directly related to the Easy Drive's gross negligence.
bulletThe Easy Drive web site is supplied on an "as is" basis and has not been compiled to meet the user's individual requirements. It is the responsibility of the user to satisfy himself or herself, prior to entering into this agreement with the Easy Drive, that the content available from and through the Easy Drive web site meet the user's individual requirements and is compatible with the user's computer hardware and/or software.
bulletInformation, ideas and opinions expressed on the Easy Drive web site should not be regarded as professional advice or the official opinion of Easy Drive and users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Easy Drive web site.
bulletEasy drive does not make any warranties or representation that content and services available from the Easy Drive web site will in all cases be true, correct or free from any errors. Easy Drive shall take all reasonable steps to ensure the quality and accuracy of content available from the Easy Drive web site.
bulletEasy Drive does not make any warranties or representations that the Easy Drive web site shall be available at all times. Users acknowledge that the Easy Drive web site may be unavailable due to updates or other causes beyond the reasonable control of the Easy Drive, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

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Comments
Easy Drive does not edit or scan comments posted by the user to the forum service on the Easy Drive web site and will not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings. Users use the forum service at their own risk and indemnifies Easy Drive against any liability, loss and/or damage resulting from user's postings.

 

Removal and correction of content
Users are encourage to report untrue, inaccurate, defamatory, illegal and/or harmful content available from the Easy Drive web site to Easy Drive and easy Drive undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

 

Interception of Communications
bulletSubject to the provisions of the regulation of Interception of Communications (RIC) Act 70 of 2002, the user agrees to the Easy Drive's right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the user to the Easy Drive web site, its staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/ReqOfInterOfCommAct70.pdf.
bulletThe user agrees and acknowledges that the consent provided by the user in "removal and correction" clause the "writing" requirement as detailed in the ECT Act and the RIC Act.

 

Entire Agreement and Severability
bulletThese terms and conditions constitute the entire agreement between Easy Drive and the user and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or posting received by Easy Drive from the user.
bulletAny failure by Easy Drive to exercise or enforce any right or provision shall in no way constitute a weaver of such right or provision.
bulletIn the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

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Agreement in Terms of Section 21 of the ECT Act
The user and Easy Drive agree that:
bulletthe user shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the user enters the Easy Drive web site for the first time,
bulletdata messages (as defined in the ECT Act) addressed by the user to Easy Drive shall only be deemed to have been received if and when responded to,
bulletdata messages (as defined in the ECT Act) addressed to the user by Easy Drive shall only be deemed to be received by the user as detailed in section23(b) of the ECT Act,
bulletdata messages (as defined in the ECT Act) addressed by the user to Easy Drive shall be deemed to have been created and sent by the user from within the geographical boundaries of South Africa,
bulletelectronic signatures, encryption and/or authentication is not required for valid electronic communications between the user and the Easy Drive, and
bulletthe user agrees and warrants that data messages that are sent to Easy Drive from a computer, IP address or mobile device normally used or owned by the user, was sent and/or authorized by the user personally.

 

Applicable and Governing Law
The Easy Drive web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African Courts governs the use or inability to use the Easy Drive web site, its content, services and these terms and conditions.

 

Legal Costs
Easy Drive shall not be liable for costs incurred by users to obtain professional advice relating to these terms and conditions.

 

Please review the "Term and Conditions"  page frequently to keep you updated.

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