By accessing, visiting or using the website, you accept and agree to the terms. If there is a conflict between these website terms of use and any other rules, policies, notices or special terms agreed between you and Cubbi, the following order will prevail: (i) special terms; (ii) website terms of use; (iii) privacy policy and (iv) other rules, policies or notices.
1. Definitions
In terms:
1.1 "Cubbi Cars" or "Cubbi" or "we" or "us" means the Cubbi division of Bidvest;
1.2 "Cubbi Warehouse(s)" means an accredited Cubbi Warehouse(s) that lists goods available for sale on the website in terms of an agreement with Cubbi;
1.3 "service" means the provision of information to users about the goods that Cubbi Warehouses list on the website;
1.4 "terms" means these website terms of use and any other rules, policies, notices or special terms agreed between you and Cubbi;
1.5 "user" or "you" means any person who accesses, visits or uses the website;
1.6 "Website" means www.cubbicars.co.za
2. Interpretation
2.1 Headings are inserted only for reference purpose and will not affect the interpretation of the terms. A reference to a person includes a legal person. The rule that an agreement will be interpreted against the party who drafted the agreement will not apply.
3. Service
3.1 Cubbi provides a marketing tool to Cubbi Warehouses through which Cubbi Warehouses can list vehicles on the website and customers' enquiries about the listed vehicles are thereafter channelled to the relevant Cubbi Warehouses. A consumer who eventually purchases a vehicle via Cubbi, therefore, enters into a direct contract of purchase and sale with the relevant Cubbi Warehouse that is supplying the vehicle and does not contract with Cubbi to buy the vehicle.
3.2 Cubbi provides the service to the user on these terms. By providing the service, Cubbi does not make any offer to you but merely provides the information received from Cubbi Warehouses to you.
4. Web site use
4.1 You may only use the website for personal use, limited to viewing the website, providing information to the website and downloading product information for your personal review from the website.
4.2 Cubbi gives you a limited, revocable licence to use the website subject to the terms only.
4.3 Your licence does not extend to the website's source codes or to the source code of any software or computer program that forms part of the website.
4.4 You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
4.5 You may only link to the website by linking to the home page of the website.
4.6 Cubbi may at any time and for any reason and without notice, suspend, discontinue or amend the website and content.
5. Restrictions
You may not:
5.1 provide any untrue or incorrect information to the website or Cubbi;
5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
5.3 lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Cubbi;
5.4 use malicious search technology, including but not limited to spiders and crawlers;
5.5 frame any pages of the website;
5.6 deep-link to any pages of the website in a way to suggest that you are the owner or licence of any intellectual property in the website;
5.7 incorporate any material from the website in any other work, publication or website either of your own or belonging to any third party;
5.8 use the website, to post any material which in Cubbi's discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually-oriented, threatening, invasive of a person's privacy, or otherwise violates any laws. You submit all information at your sole risk and responsibility. Cubbi is not responsible or liable for damages or other adverse consequences caused by the use of the information you submit to the website.
6. Disclaimers and disclosure
6.1 Cubbi publishes information on its website as a convenience to its users for information purposes only. Cubbi receives the information from Cubbi Warehouses. Cubbi will attempt to provide correct information but as the information is received from Cubbi Warehouses, Cubbi cannot guarantee that all information will always be correct. Cubbi will correct any incorrect information as soon as reasonably possible after it comes to their attention.
6.2 Subject to applicable law Cubbi provides the website "as is" and "as available" and disclaims all express or implied warranties, representations and endorsements, including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website will be free from defects, uninterrupted and error-free.
6.3 Although Cubbi has made every effort to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend on your equipment and Cubbi cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Yo.u also need to note that as indicated on the images itself, the images displayed are not necessarily images of the goods that are available for sale but may merely be an example of the goods in stock.
6.4 We update the website weekly. This means that a vehicle displayed on the website may not be available for sale at the time you visit the website. You need to confirm stock availability with the relevant Cubbi Warehouse directly.
6.5 Although the website may link to other sites, Cubbi is not directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Cubbi has not reviewed all sites linked to the website and is not responsible for the content of any off-site pages or any other sites linked to the website. If you link to other off-site pages or other sites, you do that at your own risk.
7. Indemnity
7.1 Subject to applicable law, you indemnify Cubbi against any losses that you may suffer as a result of the service, including economic and consequential loss. The indemnity excludes damages that you may suffer as a result of gross negligence and intent on the side of Cubbi
8. Copyright and Intellectual Property Rights
8.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Cubbi, and as such, are protected from infringement by domestic and international legislation and treaties.
8.2 All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in Cubbi shall continue to vest in Cubbi and no right, title or interest in any proprietary material or information contained in this website is granted to you.
8.3 Cubbi owns or has the legal rights to all of the website, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the website (the "content"), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the website (the "code"). The content and code of the website are protected by intellectual property and related rights, including but not limited to the copyright, patent, database and trademark rights. All logos, names and trademarks, which appear on the website are the intellectual property of Cubbi or are used by Cubbi under license. Cubbi will prosecute any violation of intellectual property rights to the fullest extent that the law permits.
9. Confidentiality
9.1 If you respond to Cubbi via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.
9.2 By sending information you grant to Cubbi an irrevocable, worldwide, perpetual and transferable right to use these submissions without any limitations for any purposes, which Cubbi considers necessary. Subject to the privacy policy Cubbi will not be liable for any use or disclosure of such information and will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Cubbi will be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information.
9.3 Cubbi welcomes your comments and suggestions on its website and service, but Cubbi does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its service. By submitting information, you warrant that Cubbi may publish the information, use it as part of its operations, and incorporate its concepts in the service or for any other purposes, which Cubbi considers necessary, without liability.
9.4 Cubbi will deal with your personal information in terms of the privacy policy.
10. Termination
10.1 The terms will terminate if Cubbi discontinues the website.
10.2 Cubbi may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights in terms of the law, including but not limited to claims for specific performance and damages.
11. General
11.1 The terms constitute the whole agreement between you and Cubbi.
11.2 If any term is found to be void, illegal or unenforceable, the term will be severed from the terms and the remainder of the terms will continue in full force and effect.
11.3 The agreement is regulated by South African law.
CONTACT INFORMATION
If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address:
Cubbi
Worcester House, Eton Office Park
Cnr Sloane and Harrison
Bryanston
Johannesburg
Postal Address:
Cubbi
Postnet Suite 59
Private Bag x11
Burnampark
2015
Email: info@cubbicars.co.za