Terms And Conditions

Terms and Conditions of use of the Virtual Drive systems (the Services and products) provided by Virtual Drive (PTY) LTD. 1. By accessing any pages on Virtual Drive Systems like Apps the user (you, your) agrees to the following terms and conditions. Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. 1.1. This document contains terms and conditions which appear in a similar text style to this clause in order to draw your attention to such clauses because they: 1.1.1 may limit the risk or liability of us or a third party; and/or 1.1.2 may create risk or liability for you; and/or 1.1.3 may compel you to indemnify us or a third party; and/or 1.1.4 serves as an acknowledgement, by you, of a fact. 1.2 If you do not agree with any provision contained in these Terms of Use, please stop using or accessing the systems immediately. We reserve the right to alter these terms and conditions at any time and 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 and conditions. 2. DEFINITIONS 2.1 In this Agreement certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below– 2.1.1 “Content” means any content of this System including, without limitation, music, images, video, sound, graphics, photographs, text, all and anyinformation, data, documents, intellectual property, materials, products, and software applications, whether or not posted to the System by the Company or Users, accessed through, or downloaded or obtained from the System and includes Third Party Content, User Generated Content and Content licensed from third parties; 2.1.2 “Virtual Drive Website”/ “Site”/ “System” means the system accessed when linking to www.vdrive.co.za 2.1.3 “User" or "you” shall mean the person using the System to which these terms and conditions relate whether registered as a User or not; 2.1.4 “Network” shall mean the public mobile telecommunications system operated and made available by any of the official providers in South Africa; 2.1.5 “Services” shall mean Virtual Drive services provided by means of the Network as well as such other additional services or equipment related to the Services as Virtual Drive may, if it chooses to, make available to you from time to time, which Services are provided subject to these terms and conditions Collectively, all on-line services provided by the Company on or through the System; 2.1.6 “Third Party Content” means any Content originating from a Third Party Site; 2.1.7 “Third Party Sites” means any internet web site other than the Site; 2.1.8 “Virtual Drive” shall mean Virtual Drive (PTY) LTD with whom you have entered into this Agreement for the provision of the Services 2.1.9 “Seller” means anyone or company wanting to sell their vehicle 2.1.10 “Dekra” means DEKRA Automotive (PTY) LTD 3. USE OF SERVICES 3.1 In order to access the Services or Content available on or through the System, you are required to create an account on the System. You must provide accurate and complete information when creating your account. 3.2 You may not register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the System. 3.3 Your account will be password protected. Upon successful registration, you will be given a password and/or User identity or any other unique identifying information and you must keep your password safe and secure. You are solely responsible for the activity that occurs on your account accessed using your password. 3.4 You are responsible for ensuring that no unauthorised access to the Services is obtained using your password. You will be liable for all such activities conducted pursuant to such use, whether authorised or not. 3.5 In the event that You become aware that the secrecy or confidentiality of your password or User identity has become compromised and/or your password or User identity has been disclosed to any unauthorised person, You are required to immediately notify Us in order that the password or User identity can be de-activated and new ones issued. The System’s administrator may be contacted at info@vdrive.co.za 3.6 Users shall be fully responsible and liable to Us for any use or misuse of their password or User identity. Any actions or omissions committed on the User’s account will be considered to have been committed by the User. The User will indemnify Us for any claim, liability, damage or loss arising as a result of the use or misuse of the User’s password or User identity. 3.7 You may only use the Services for lawful purposes and you warrant that you shall not: 3.7.1 use the Services to receive or transmit material that is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; 3.7.2 use the Services for the transmission of 'junkmail', 'spam', 'chain letters', or unsolicited mass distribution of e-mail; 3.7.3 store on your device or print copies of extracts from the System, other than for your personal and non-commercial use; 3.7.4 'mirror' or cache information provided via the System on your own server, other than for your personal and non-commercial use; 3.7.5 copy, adapt, modify or re-use the text or graphics from the System other than for your personal and non-commercial use; 3.7.6 collect or harvest any personally identifiable information, including account names, from the System. 4. ELIGIBILITY 4.1 You must be at least 18 to use the application and services of Virtual Drive. If you are not at least 18, please do not use the application or provide any information to us. 4.2 You warrant that you have the required legal capacity to enter into and be bound by these terms and conditions that constitute a legally binding contract. 4.3 Membership of the System is void where prohibited by law or these terms and conditions. 5. SERVICE AVAILABILITY 5.1 We will use reasonable endeavors to make the Service and the System available to Users at all times but we cannot guarantee that there will be no interruptions or periods of unavailability of the System, content and information offered on the System, nor is any level of availability warranted. 5.2 We do not guarantee the correctness, accuracy or validity of any Third Party Content. In particular we make no warranty that the Services will meet your requirements, complete, timely, secure or error free. of unavailability of the System, content and information offered on the System, nor is any level of availability warranted. 5.3 We will use reasonable endeavors to notify Users of any maintenance and repairs that may result in the service being unavailable, but we cannot warrant or otherwise contractually undertake that such notice will be given. 6. USER GENERATED CONTENT 6.1 The User is permitted to upload and share any Content on the System upon successful registration (“User generated content'). You shall be solely responsible for your own User generated content and the consequences of publishing it on the System. 6.2 While we believe Users should be able to express their views, opinions, ideas and beliefs, we deem certain kinds of expressions to be unacceptable on the System. Therefore, you may not post or share Content or material or send a message that: 6.2.1 is obscene, pornographic, vulgar, profane, indecent, sexually explicit, 6.2.2 depicts graphic or gratuitous violence; 6.2.3 makes threats of any kind or that intimidates, harasses, or bullies anyone and/or contains hate speech; 6.2.4 is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful, abusive, threatening, harmful or racially offensive; 6.2.5 is false, misleading and/or misrepresents Virtual Drive or any third party; 6.2.6 Impersonates another person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity; 6.2.7 is unlawful, or violates any applicable law; 6.2.8 that would encourage or provide instructions for a criminal offence; 6.2.9 any personally identifiable or private information of any third party; 6.2.10 that contains software viruses or any other computer code, files, destructive materials, data or programs designed and/or able to corrupt, interrupt, destroy or limit the functionality of, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of any computer software, system or hardware or telecommunications equipment 6.3 You will not publish, submit or post advertisements or solicitations on the System for business opportunities and/or advertisements of any third party. 6.4 You hereby grant us and each user of the System a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of and display your User generated content as envisaged by the System. 6.5 You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use your User generated content in the manner contemplated on the System in respect of the Services. 6.6 We do not endorse any User generated content or any opinion, recommendation or advice expressed therein. 6.7 We do not permit copyright infringing activities and infringement of intellectual property rights on the System, and we will remove all User generated content if properly notified that such Content or User Submission infringes on another's intellectual property rights 7. THIRD PARTY WEBSITES AND CONTENT 7.1 The System contains (or you may be sent through the System or the Service) links to Third Party Sites as well as Third Party Content. The hyper-link(s) are provided solely for your convenience. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. You are urged to access Third Party Sites with caution and at your own risk. 7.2 Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. 7.3 If you decide to leave the System and access Third Party Sites, use any Third Party Content or install any software or applications available from a Third Party Site, you do so at your own risk. 7.4 The Third Party Sites and Third Party Content will be subject to their own policies, terms and conditions and the User is advised to review the applicable policies, terms and conditions, including privacy and data gathering practices, of any Third Party Site and the terms and conditions relating to any applications or Third Party Content you use or install from the Third Party Site. 7.5 You not to alter, modify, decompile, reverse-engineer, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from Third Party Content. 8. REVIEW OF CONTENT We may review the System and may remove (without notice) any Content that we, in our sole and absolute discretion, for no reason or any reason, including without limitation, Content uploaded by Users, which in our judgment violates these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Users or any other party. We accept no liability for the removal of the Content from the System. You are solely responsible at your own cost for creating backup copies of any Content you post or store on the System or provide to the Company. We reserve the right to terminate your access to the System. 9. INDEMNIFICATION 9.1 You indemnify and hold Virtual Drive harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Virtual Drive, which arises directly or indirectly out of a breach of these terms and conditions by you or by your use of the Services and/or the System, other than in respect of losses caused by the gross negligence or intentional misconduct of Virtual Drive or any of their respective employees, directors or agents. 9.2 Virtual Drive shall not be liable to you for any loss from any cause whatsoever and you shall not be entitled to bring any claim or action against Virtual Drive caused by any action or omission of Virtual Drive, other than in respect of losses caused by the gross negligence or intentional misconduct of Virtual Drive or any of their respective employees, directors or agents. 9.3 Without affecting the generality of the above, Virtual Drive shall not be liable to you for failure on Virtual Drive’s part to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Virtual Drive. 10. INTELLECTUAL PROPERTY RIGHTS 10.1 You acknowledge that we own the Copyright and Intellectual Property Rights in and to the Services and the System (except for User generated content or Third Party Content) alternatively, we are the lawful user. The unauthorised use, unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials as provided in these terms and conditions. The word or mark ‘Virtual Drive’ however represented, including stylised representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on the System whether registered or unregistered, are our trademarks. 10.2 When you post Content to the System, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the System. 11. TERMINATION AND VARIATION We reserve the right to alter, restrict and/or terminate the Services to you in particular, or to the public in general, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on the System and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals. 12. GENERAL 12.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa and you shall submit to the jurisdiction of the South African Courts. 12.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions. 12.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing. 12.4 These terms and conditions, as varied by us from time to time, above constitute the sole agreement between you and us. 12.5 We will not be bound to any allegations that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the website and/or application, support and/or any other form of communication. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website and/or application cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract. 12.6 By using or accessing the Website you agree to communicate with us in electronic and / telephonic format. Accordingly, you accept any risks which may feasibly arise from electronic communications and furthermore that in as much as communications may require to be "written" between you and us, these electronic communications suffice for that purpose. 12.7 A breach of these terms can result in an indefinite account suspension and or the authorities being contacted. Virtual Drive has the right to suspend any account at their discretion without prior warning or explanation. 13. CREATE USER (BUYER / SELLER) 13.1 A User’s account will be approved only after user validation has passed. Virtual Drive has the right to refuse account approval at their own discretion and is in no way obliged to provide an explanation for refusals. 13.2 It is not permitted to register on behalf of someone else. The account is to be created and used by the individual corresponding to the documentation provided. 13.3 I the seller hereby declare that I am the legally registered owner of the car or authorised to sell the vehicle (if vehicle is in the name of a company). 13.4 Only the user may be permitted to use or perform any actions on his or her account, which include, but are not limited to, booking a viewing and making an Offer to Purchase. If any profile is found to be in breach of these terms Virtual Drive holds the right to indefinitely suspend the account regardless of whether the actions were performed by the account holder 13.5 Accounts will not be allowed to be deleted, however, may be deactivated at any time, by either the account holder, or Virtual Drive without prior warning to the account holder. 13.6 The information provided by the user for personal validations is kept in a confidential and secure database. 14. POST A VEHICLE 14.1 Virtual Drive has the right to refuse any vehicles or pictures of vehicles and reserves the right to request the user to resubmit pictures. Virtual Drive is in no way obliged to provide an explanation for said refusals or requests for resubmissions. 14.2 It is the Seller’s responsibility to make every effort to avoid including any identifying markers, such as house numbers street signs etc., in the photos of the vehicle. Virtual Drive is in no way liable should the location of the Seller be compromised due to negligence on their part. 14.3 Vehicle listing is subject to administration approval. The uploading process can take up to 1 – 24hours. 14.4 The minimum vehicle price is set by the vehicle owner is final and only amendable by the seller and Virtual Drive. 14.5 Virtual Drive reserves the right to give both parties advice and guidance on the pricing on the vehicle. This will be indicated telephonically and/or the suggested listing price on the system. This serves only as guidance, and Virtual Drive does not accept any responsibility for any loss in this regard. 14.6 By agreeing to these Terms and Conditions you agree to give Virtual Drive the permission to request a Settlement letter and or NaTIS document on your behalf. By uploading your vehicle on the Virtual Drive system, the user gives consent for Virtual Drive to advertise their vehicle on VDMS, Gumtree, Facebook, VDrive Pro and to relevant trader partners. 14.7 The information that the user provides for vehicle validations is kept in a confidential and secure database. 14.8 Each vehicle is issued with a randomized identification number which will be used to classify the vehicle. Virtual Drive reserves the right to alter the vehicle pictures provided by the user. 14.9 The User agrees that the information provided about the vehicle (including but not limited to, vehicle description, year model, mileage) is accurate and true and if this information is discovered to be incorrect Virtual Drive has the right to refuse approval or deactivate the user’s account without warning. 15. VIEWING AND TEST DRIVE Virtual Drive reserves the right to require either a deposit or finance pre- approval to authorise the vehicle viewing Virtual Drive cannot guarantee the affordability of a potential buyer and reserves the right to decline any test drives or viewings. 15.1 Times & Dates for vehicle viewings are subject to the Buyer, the Seller and the Sales Evaluator. Virtual Drive has the right to facilitate and change any Times & Dates. Virtual Drive will inform all three parties if such changes occur, but it is the sole responsibility of both the Buyer and the Seller to keep themselves updated of correspondence from Virtual Drive. Virtual Drive will not be held liable for any missed viewings or inconvenience caused to either parties due to changed viewing times. 15.2 Viewings can only be cancelled up to 3 hours before the pre-approved viewing time. The User should notify Virtual Drive immediately should they need to change the viewing time on info@vdrive.co.za. 15.2 Virtual Drive has the right to reduce user ratings due to late cancelations or no-shows at scheduled viewings. 15.3 Virtual Drive has the right to refuse or discontinue a demonstration or test drive at any time should any Virtual Drive representative deem the behavior of the individual to be unsuitable and this will be decided at the discretion of the Virtual Drive representative. 15.4 Travelling costs are for the individuals own account, regardless of location. 15.5 Each person participating in a test drive through Virtual Drive agrees to the following conditions: • The test drive is limited to 2km • No high way driving will be permitted • Virtual Drive holds the right to GPS track test drives for part or the entirety of the drive. • Virtual Drive holds the right to implement non-visual recording of driving distance / behavior for asset protection • Virtual Drive holds the right to record audio which may be used for record keeping 15. 6 The user agrees the present the original FICA documentation upon arrival which includes a valid driver’s license and copy thereof. Only once the Sales Evaluator has deemed this document valid, original and corresponding to the documents provided upon user registration will the test drive be approved. Virtual Drive holds the right to refuse a test drive to individuals who do not present a Driver’s License that the meet above mentioned criteria. 15.7 Only the registered user who booked the viewing with corresponding documentation will be permitted to view vehicle – no one else will be allowed to test drive the vehicle. 15. 8 All test drives will be held be at the designated offices decided by Virtual Drive. Under no circumstances will Virtual Drive allow a test drive to take place at any private dwellings / corporate addresses. 15. 9 Virtual Drive reserves the right to request a vehicle viewing if the User is selling the vehicle via Known Buyer Known Seller. 15.10 Virtual Drive reserves the right for a Virtual Drive representative to be present at all times during the test drive or demonstration. 15.11 No direct contact will be permitted between seller or buyer. Any such interaction will result in indefinite account suspension without/without prior warning or explanation. 15.12 It is the sole responsibility of the Seller to ensure that the vehicle must have at least 200km worth of fuel prior to the collection or delivery of the vehicle before the test drive. 15.13 Vehicle collection forms & pictures are to be signed by the Seller before the vehicle is handed over to the Sales Evaluator for the test Drive or demonstration. 15. Viewing and Test Drive Terms and Conditions are to be read and signed by any person taking part in a test drive facilitated by Virtual Drive. Refusal to do as such will result in a voluntary cancelation of the test drive. 15.14 No cell phone usage will be permitted during test drives while driving the vehicle. 15.15 All drivers will adhere to all road regulations and traffic signs. 15.16 Neither Virtual Drive nor the test driver will be held liable for any damage during test drives. 15.17 Virtual Drive reserves the right to alter/cancel test drives before or during rain, storms, civil unrest or any other relevant circumstances. Virtual Drive has the right to decide what is deemed a relevant circumstance. 16. VEHICLE OFFER 16.1 Despite Sellers and Buyers being able to control their offers and counter offers, Virtual Drive still maintains full control over and has the right to approve, cancel or reject any offers and counter offers on the portal at their discretion. In such instances where an offer, acceptance or rejection of an offer is made in error the administrators can be contacted on info@vdrive.co.za and Virtual Drive has full control to mediate Seller and Buyer. 16.2 The Buyer will not contact the seller in any way, apart from on the platform provided by Virtual Drive, or it’s through Virtual Drive representatives. 16.3 Virtual Drive reserves the right to do non-invasive customer affluence checks on any user using the Virtual Drive platform. 16.4 The Offer To Purchase (OTP) is valid for 3 days only, if not approved in finance or paid in full, the OTP will expire. The Seller of the vehicle reserves the right to accept any other OTP if the previous OTP expires and finance is not approved, or the amount is not paid in full. It is the sole responsibility of the Buyer to ensure that OTP is finalised. Virtual Drive is not liable in any way for any loss the Buyer/Seller may experience. 16.5 Virtual Drive cannot guarantee that vehicle will pass the DEKRA report and will not be held liable for any loss incurred by the Buyer of the Seller as a result. Virtual Drive will make every effort to source an alternative vehicle for the Seller.