Terms and Conditions

Last updated 1 July 2022

Should you do not agree to these terms & conditions please stop using the Website immediately.

1. The Parties

1.1 “we/us/our” means Gounden Cars.

1.2  “Website” means this website including all aspects, facilities and services of any nature

         whatsoever related thereto;

1.3  “you”/”your” means the user of the Website including users who have registered with us and  

          where applicable, advertisers.

2. Access to the Website

You will receive access to the website, however we reserve the right to withdraw or amend the service provided on the Website without notice to you. There may be restrictions to some parts of the Website, or the entire Website. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

3. Content

3.1 You will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. You are not allowed to use the contact details provided by advertisers of vehicles to contact such advertisers unless you have an enquiry relating to the purchase of the vehicle in question.

3.2 We are not liable for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors contained in the website.

3.3 The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

3.4 The information appearing on the Website is not verified and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action without verifying the information.

3.5 The website presents advertorial content and information submitted and created by private parties, dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.

3.6 We give no warranties, conditions, guarantees or representations, expressed or implied, as to:

a) The completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;

b) The content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;

c) The completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.

4. Contractual issues

We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website.

5. Liability

5.1 The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:

a) All conditions, warranties and other terms which might otherwise be implied by statute;

b) Any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:

i) Our failure to fulfil any of our obligations in terms hereof;

ii) The Website or resulting from the use, the inability to use, the Website;

iii) The search results obtained from the Website;

iv) Any websites linked to the Website and any material posted on it.

5.2 We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.

5.3 Regular and routine maintenance and servicing of our servers and equipment will be carried out from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

5.4 We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

5.5 We are not liable for any failure to perform any of our obligations under these terms & conditions caused by matters beyond our reasonable control.

5.6 We may publish content on the website from time to time containing marketing material or other information. We shall not be held liable for any loss or prejudice which may arise from the publication of such information.

6. Intellectual Property

6.1 All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of vehicles, are owned and/or controlled by us.

6.2 Except as expressly permitted by these terms & conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without our express written permission.

6.3 Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to us.

7. Links to other websites

The Website contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

8. Registration details

8.1 To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.

8.2 You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username which we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

9. Payment

Adverts will initially be placed free of charged for a limited time. Once we start charging for the adverts, all advertisements must be fully paid for, prior to publication, at the advertising rates specified by us at that time. We reserve our right not to publish any advertisement that has not been paid for in advance. We shall have the right to change our advertising rates at any time. Such revised advertising rates shall apply to any advertisement placed with us after publication of the revised advertising rates.

10. Warranties

10.1 You warrant that;

a) you have the right to list a vehicle for sale and undertake not to list a vehicle for sale unless the vehicle is owned by you or you are authorised to do so.

b)all information and materials provided to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the South African Code of Advertising Practice as well as all current relevant legislation;

c) the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights;

d) no photos of any person is allowed to be uploaded onto the website.

10.2 We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which you fail to comply or we suspect that you are not complying with the above clauses and/or any competent law enforcement or compliance authority instructs, advises or makes a recommendation or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.

11. Intellectual Property Rights

11.1 All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights [whether registered or not]) (“IPRs”) in any publication, copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.

11.2 Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us to protect and enforce them. 11.3 You grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.

11.4 You shall at all times indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party’s IPRs.

12. Our Rights and Obligations

12.1 We shall provide the service with reasonable care and skill in a professional and timely manner and the advertisement shall be designed in accordance with the agreed specification.

12.2 Where your advertisement is to appear on the Website, you acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to the Website.

12.3 We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us as a result of an untrue statement or inaccurate information, photograph or video.

12.4 We reserve the right to refuse publication of an advertisement without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an advertisement at our sole discretion. Where possible, we will attempt to inform you of any such changes.

12.5 We may at any time vary the technical specifications of the Website (or any part thereof) for operational reasons.

12.6 We may at any time remove any or all of the material and/or statements appearing in the advertisement from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.

12.7 In the event that we do not accept an advertisement, we will, if possible, inform you accordingly. In the event that we reject the advertisement, no charge will be incurred by you. Further, no contract will be deemed to exist between you and us until such time as the advertisement has been accepted for posting on the Website and payment is made.

12.8 From time to time we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.

13. Media Files and Photographs

13.1 Media files and/or photographs may be checked by us to ensure that the content meets the requirements as set out in these Conditions.

13.2 If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous, we reserve the right to remove it from the Website.

13.3 Media files and photographs should only advertise one vehicle.

14. Cancellation and Refunds

All advertisements will be processed immediately and payments are non-refundable once the advertisement appears on the Website. Please note that advertisements may take up to 24 hours to appear on the Website.

15. Liability

15.1 We shall not be liable to you for any

a) consequential, indirect or special loss or damage;

b) loss of goodwill or reputation;

c) loss of business and/or opportunity;

d) loss of profits;

e) loss of revenue; and/or

economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise

15.2 arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.

15.3 Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the advertising rates paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.

15.4 In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the advertisement, refund you or adjust the advertising rates. No refund, amendment or adjustment to the advertising rates will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by you.

15.5 We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).

16. Amendments

We reserve the right to alter these terms & conditions at any time. It is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the changes in and to the terms & conditions.

17. General

17.1 These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.

17.2 If any of the provisions of the terms & conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

17.3 The applicable laws will apply in respect of any legal issue or litigation arising directly or indirectly from the terms & conditions.

Email: sales@goundencars.co.uk