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TATA website usage terms and conditions
1. SUBMISSION OF CONTENT AND USE OF THE PORTAL
1.1 You agree to use the Portal for lawful purposes only. Without derogating the generality of the aforegoing, if you should choose to access or use this Portal from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Portal, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
1.2.2 any content that constitutes an invasion of privacy; or
1.2.3 any content that is an infringement of any intellectual property right; or
1.2.4 any content that contains software viruses; or
1.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”
1.3 Although TATA SA does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Portal that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, TATA SA may immediately terminate and/or suspend your access to all or parts of the Portal, without any further notice to you.
1.4 You warrant that:
1.4.1 you own or otherwise control all rights to the content that you may submit to the Portal;
1.4.2 that any use of such content will not cause injury or harm to any person or entity; and
1.4.3 you will indemnify TATA SA or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
1.5 By submitting reviews, comments and/or any other content (other than your personal details) to TATA SA for posting on the Portal, you automatically grant TATA SA and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
1.6 The following activity on or through the Portal is expressly prohibited:
1.6.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Portal, or the content contained therein, without the prior written authority of TATA SA; and
1.6.2 The collection or use of any listings, descriptions, or price lists from the Portal, for the benefit of a competing merchant that supplies products comparable to those offered on the Portal; and
1.6.3 Any use or action that imposes an unreasonable or disproportionately large load of traffic on the Portal, or otherwise interferes with its proper and timely functioning.
1.7 responsible for maintaining the confidentiality and security of your User Name and Password for access to the Portal, and you accept full liability for all activities that occur under your User Name.
1.8 The services offered on the Portal is only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.
1.9 You agree, in terms of Section 42(2)(d) of the Electronic Communications and Transaction (ECT) Act 25 of 2002 that the services begin with the your consent before the end of the seven day period referred to in Section 44(1) of the ECT Act.
2. THE USE OF THIRD PARTY CONTENT
2.1 TATA SA hosts information, pricing, opinions and other content supplied by third parties (“Third Party Content”) on the Portal. TATA SA has no editorial control over such content.
2.2 The Vendor will be responsible for all information concerning its products and services which appears on the TATA SA Portal. TATA SA will not be liable for any incorrect information, including but not limited to the fee for the products and services.
2.3 Opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective User and not of TATA SA, its affiliates or any of their directors, officers, employees or agents. TATA SA, its affiliates, or any of their directors, officers, employees, agents, do not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as is.
2.4 It is your responsibility to evaluate Third Party Content available on and through the Portal. TATA SA and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Portal. Before making any decision or placing any reliance on Third Party Content provided on or through the Portal, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Portal
2.5 TATA SA does not review (nor is it under any obligation to do so) or control any third-party web Portals that link to or from the Portal. TATA SA is not responsible for the content of any Third Party Portal linked to or from the Portal.
3. PURCHASE OF GOODS BY MEANS OF THE PORTAL
3.1 The price and potential availability for each listing on the Portal, is listed on that particular item’s page. Accordian Investments (PTY) LTD, who are the distributors of TATA vehicles in Southern Africa, cannot guarantee the listed price, listed specifications or the availability of every product and service on the Portal. Prices and specifications may change without prior notification. E&OE
3.2 TATA SA does not provide a warranty of any kind, whether expressly or implied as to the ware of the goods and services advertised, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to TATA SA.
3.3 You agree and acknowledge that TATA SA is a mere conduit and no relationship, other than that relationship that arises out of this agreement, arises between you and the Vendor of the goods and services.
3.4 In addition to the aforegoing, TATA SA will not be responsible for the accessibility of the Vendor’s website, or the accessibility of information on the Vendor’s website via the TATA SA Portal.
3.5 It is the responsibility of the Vendor to ensure that all orders for its products and services are executed expeditiously.
3.6 TATA SA will be responsible for all communications with you unless such communication relates to issues regarding products and services purchased from a Vendor. Should you communicate with TATA SA regarding a Vendor’s lack of, or non-performance in accordance with its obligations to you, TATA SA reserves the right to investigate any such complaints and take appropriate action against the Vendor.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on this web Portal, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of TATA SA or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web Portal is the exclusive property of TATA SA and is protected by South Africa and international copyright laws.
4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of TATA SA or the copyright owner.
4.3 You are expressly prohibited to “mirror” any content, contained on the Portal, on any other server unless with the prior written permission of TATA SA.
4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Portal so long as the link does not portray TATA SA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TATA SA logo or other proprietary graphic or trademark as part of the link without the express permission of TATA SA, its affiliates or content suppliers.
4.5 All trademarks are the exclusive property of TATA SA.
4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
5. LIMITED LIABILITY
5.1 The information, content, services, products and materials published on the Portal, including without limitation, text, graphics and links are provided on an “as is” basis. TATA SA makes no representations or warranties of any kind, express or implied, as to the operation of the Portal or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Portal as TATA SA is a mere conduit for providing users and vendors with a means of reaching each other. Without limiting the generality of the aforegoing:
5.1.1 TATA SA does not warrant that the Portal, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
5.1.2 Whilst TATA SA has taken reasonable measures to ensure the integrity of the Portal and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Portal are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
5.2 To the full extent permissible by applicable law, TATA SA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TATA SA will not be liable for any damages of any kind arising from the use of TATA SA Portal, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6.1 TATA SA respects privacy of its Users. Without limiting the aforegoing :
6.1.1 TATA SA is dedicated to maintain the privacy of its online visitors and users. On this Portal, TATA SA does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
6.2.1 Any information collected is used solely by TATA SA and its business partners who are involved in the operation of this Portal for internal purposes. TATA SA’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this web Portal.
8.1 TATA SA may terminate your account at any time for any reason, including any improper use of this Portal or your failure to comply with these terms and conditions.
8.2 Such termination shall not effect any right to relief to which TATA SA may be entitled.
8.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to TATA SA.
9. OTHER PROVISIONS
9.1 In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
9.2 These Terms and Conditions, including any documents referenced herein, represents the entire agreement between you and TATA SA regarding your relationship with TATA SA and use of the Portal and supersedes any prior statements or representations.
9.3 TATA SA may at any time modify these Terms and Conditions and your continued use of this Portal will be conditioned upon the Terms and Conditions in force at the time of your use.
9.4 The prices of vehicles are based on the most current Retail Price.