Terms and Conditions of Use

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Terms of Use - Welcome

Welcome to I-Moto Solutions. If you continue to browse and use this website you are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with our Privacy Policy govern I-Moto Solutions’s relationship with you in relation to this website.

The term ‘I-Moto Solutions’ or ‘us’ or ‘we’ refers to the owner of this website whose registered office is Cape Town, South Africa. The term ‘you’ refers to the user or viewer of our website.

1. USE OF WEBSITE

Terms of Use - Website Use

1.1 You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent. No part of this website may be reproduced online or offline without our prior written permission.

1.2 The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

1.3 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

1.4 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

1.5 You acknowledge and agree that any personal details (Buyer or Advertiser) provided to this website will be available to view and accessed by approved I-Moto Solutions staff. Approved I-Moto Solutions staff are staff who have been employed by I-moto Solutions on a permanent basis.

1.5 DISCLAIMER - I-Moto Solutions or their subsidiaries is not associated with any vehicle brand or manufacturer or their subsidiaries in any manner. All images, material, logos and references to any vehicle brand, items, design, or parts are for reference only, and do not imply any association with these respective brands. I-Moto Solutions and their subsidiaries is not responsible for any typographical errors contained within the site. Information, technical articles, pricing and material within this website are for reference only as presented to us by the respective brand dealers or manufacturers. It is recommended to consult authorised factory manuals or franchise dealers when performing, purchasing or seeking procedures. By entering this site, you agree to hold I-Moto Solutions free from any liability arising out of the use of any information contained within.

2. VISITOR CONDUCT

Terms of Use - Visitor Conduct

2.1 With the exception of personal information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

2.2 Shall not use the website in order to post, transmit, distribute, store or destroy material:
(a) in violation of any applicable law or regulation;
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
(c) that is defamatory, obscene, threatening, abusive or hateful.

2.3 You are prohibited from violating or attempting to violate the security of this website, including, but without limitation:
(a) accessing data not intended for such user or logging into a server or account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(d) sending unsolicited email, including promotions and/or advertising of products or services;
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(f) deleting or revising any material posted by any other person or entity;
(g) using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.

2.4 Violations of paragraphs 2.2 or 2.3 may result in civil or criminal liability.

3. SITE UPTIME

3.1 We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.

4. LINKS TO AND FROM OTHER WEBSITES

4.1 Any links to third party websites located on this website are provided for your convenience only. They do not signify that we endorse the website(s). We have or accept no responsibility for the content of the linked website(s).

4.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.

4.3 If you link to our website in breach of the above, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

5. EXCLUSION OF LIABILITY

5.1 We take all reasonable steps to ensure that the information on this website is correct. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5.2 We are not to be considered to be a recruiter and/or employer with respect to the use of the website and shall not be responsible for you entering into any agreements or making decisions of whatever nature resulting from the posting of stock items and/or any other information obtained on the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

5.3 In no event shall we, our suppliers, or any third parties referred to on this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contractual or extra-contractual liability, or any other legal matters, and whether or not we are advised of the possibility of such damages.

6. TERMINATION, SUSPENSION AND REMOVAL OF INFORMATION

Terms of Use - Terminations

6.1 Without limitation, we reserve the right to refuse or deny access to our services, remove or alter, without prior notification, any material from the website, or to suspend, alter or terminate user registration and access to the website.

6.2 Any termination of this site by a paid user carries a one month cancellation notice. Should you stop making use of your paid services, you will still be charged for said service until given notification has been received and confirmed or one calendar month has expired from notice period.

7. JURISDICTION

7.1 Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.

7.2 Should any part of these Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of the Terms and Conditions shall not be affected.

8. CONTACTING US

8.1 We welcome any queries, comments or requests you may have regarding these Terms and Conditions. Please do not hesitate to contact us by following the "Contact Us" menu button.

I-Moto Solutions Registered User Terms and Conditions

Welcome to I-Moto Solutions. Together with the Terms and Conditions and the Privacy Policy the following governs the relationship between I-Moto Solutions and yourself in respect of your use of the website as a I-Moto Solutions Registered Client.

Please Note: We reserve the right to update these terms and conditions and the onus is on the user to keep abreast of all changes and or updates that may occur from time to time.

1. DEFINITIONS AND INTERPRETATION

Terms of Use - Definitions

1.1 "I-Moto Solutions", "us" "our" or "we" refers to the owner of this website, Auto Dealer Management Services Pty. Ltd., whose registered office is Cape Town, South Africa.

1.2 "You", "your" and "user" as used herein refer to all I-Moto Solutions Rentee Registered Users.

1.3 "Website" means the secure I-Moto Solutions website ,including any part or element thereof.

1.4 "Database" refers to the I-Moto Solution's database.

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

1.6 As a registered I-Moto Solutions user, I-Moto Solutions website is free to use in certain cases, but certain sections require you to rent on a monthly basis with a 1(one) month cancellation period.

2. GENERAL

2.1 All time displayed on the website is GMT -2. This includes the stock items uploaded times.

2.2 IP addresses are tracked and recorded for security purposes and communication.

2.3 Telephone support is only available to I-Moto Solutions Registered Clients. All calls will be charged at the normal rates of your telephone or Cellular Service Provider.

2.4 I-Moto Solutions complies with the Consumer Protection Act 68 0f 2008. The CPA may be downloaded from: South African Government - C.P.A.

3. I-Moto Solution DATABASE

Terms of Use - Databases

3.1 Access to the I-Moto Solution Database is available only to I-Moto Solutions Registered Clients who have been approved for search capabilities and advertising rights. However, the possibility exists that non-registered users may be able to gain access to the database via illegal or unlawful processes. We are doing our best to audit every user to prevent such unauthorized access.

3.2 You may access the database solely for the purpose of advertising stock units, purchase stock units or to gain access to your site reports.

3.3 You may not use the database for any other purpose including, but not limited to, collecting and storing data information (scraping).

3.4 You are required to be bound by the applicable South African laws, binding schemes or contracts that uphold privacy principles or Dealer Agreements. Organisations, which are not bound by substantially similar principles, will be held to the rules described by the Information Technology Association of South Africa’s Code of Conduct.

3.5 The AI Module Engine operates through a server in South Africa and Germany respectively. You hereby accept and agree that we will not be liable to you or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability or interruption of this 3rd party server for any reason whatsoever.

3.6 The possibility exists that sometimes you may get a result returned that does not reflect your search criteria. However, the Search Algorithm (A.I.) is constantly being upgraded to undergo more learning classes.

Third Parties and Other Users

1. Services – Ownership and Restrictions.  You acknowledge that all the intellectual property rights in the Services (excluding any Content provided by Users) are owned by I-Moto Solutions, or I-Moto Solutions licensors. You agree not to
(a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or the I-Moto Solutions Content and
(b) rent, lease, loan, or sell access to the Services. “Content” means any work of authorship or information, including Stock Units, Reviews, Comments, Opinions, Postings, Messages, Text, Files, Images, Photos, Works of authorship, E-mail, or other materials.

2. I-Moto Solutions Content - Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content,
(a) you agree that we are not responsible for any such Content, including advertising and information about third party products or services and
(b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

Please mail us should you require more information.

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