TERMS AND CONDITIONS OF USE https://pdvault.co/terms
1.1. This document sets out the terms and conditions (“Terms ”) pertaining to the access
of and use of the services and functions provided on this website: https://pdvault.co/terms (“Site”).
1.2. Should the User (“User” which shall mean any person that accesses the Site) disagree with any of the Terms, User must refrain from accessing the Site and from using any of the services and products offered through or arising from this Site in their entirety. By accessing the Site, User warrants and represents that User is legally entitled to use the services. Any person below the age of 18 (eighteen) years may not use the services and must be assisted by their legal guardian when reading and entering into these Terms.
1.3. The owner of the Site (“Site Owner”) reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time User accesses the Site, User shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced from time to time.
1.4. In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.
2. CONTENT OF THE SITE
2.1. The Site Owner reserves the right to make improvements, to change or to discontinue,
without notice, any aspect or feature of the Site and any information or content on the Site.
2.2. The Site Owner may use the services of and information obtained from other organisations to provide information on the Site, and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. User agrees that such information is provided “as is” and that the Site Owner and its online partners shall not be liable for any losses or damages that may arise from User’s reliance on it, howsoever these may arise.
2.3. The Site Owner has taken all reasonably practicable steps to ensure that the information on this Site is complete, accurate, not misleading and updated where necessary. Notwithstanding the aforegoing, No representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Site are accordingly made. In addition and without limiting the generality of the aforegoing:
2.3.2. Whilst reasonable measures have been taken to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.3.3. The Site Owner disclaims any responsibility for the verification or accuracy of any information. Information published on or through the Site may be done so in the format in which it is received and statements from external parties are accepted as fact.
3. LINKED THIRD PARTY WEBSITE AND THIRD PARTY CONTENT
3.1. The Site may contain links to third party sites. These links are provided to User for convenience purposes only and the Site Owner does
not endorse, nor does the inclusion of any link imply the endorsement of, such sites, their owners, licensees or administrators or such sites’
content or security practices and operations. The User uses these links at its own risk.
3.2. While the Site Owner seeks to provide links only to reputable sites or online partners, it cannot accept responsibility or liability for the information provided on other sites, which are not under the Site’s control. There are no warranties or representations made in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.
3.3. User agrees that the Site Owner shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site. Any dealings User has with any linked websites, including advertisers, found on the Site are solely between User and the third party site.
4. LINKING AND FRAMING
4.1. User may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”) to this Site or any subsidiary pages or applications.
5. USAGE RESTRICTIONS
User hereby agrees that it shall not itself, nor through a third party:
5.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Site for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
5.2. decompile, disassemble or reverse engineer any portion of the Site;
5.3. collect service listings, descriptions or other information displayed on the Site;
5.4. write and/or develop any derivative of the Site or any other software program based on the Site;
5.5. modify or enhance the Site. In the event of User effecting any modifications or enhancements to the Site in breach of this clause, such modifications and enhancements shall be the property of the Site Owner;
5.6. remove any identification, trademark, copyright or other notices from the Site; and
5.7. notwithstanding anything contained to the contrary in these Terms, use the Site for any purpose other than pure information purposes only.
6.1. In order to ensure the security and reliable operation of the services to all Users, the Site Owner hereby reserves the right to take
whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.
6.2. User may not utilise the services and/or Site in any manner which may compromise the security of the networks or tamper with the services or the Site in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Site Owner or its online partners suffer any damage or loss, whether directly or indirectly, as a result thereof, civil damages shall be claimed by the Site Owner and/or its online partners against User.
6.3. Should User commit any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (“ECT Act”)(specifically sections 85 to 88 (inclusive)) User shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Site Owner and its affiliates, agents and/or partners.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
7.1.2. “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Site Owner, including without limitation, the rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not.
7.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Site, are the property of, or are licensed to, the Site Owner and as such are protected from infringement by local and international legislation and treaties.
7.3. All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Site shall continue to vest in the Site Owner and no right, title or interest in any proprietary material or information contained in the Site is granted to User.
7.4. No logo, graphic, sound or image from the Site may be copied or retransmitted by User.
7.5. Irrespective of the existence of copyright, User acknowledges that the Site Owner is the proprietor of all material on the Site (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that User has no right, title or interest in any such material.
7.6. User is only permitted to view, copy, temporarily download to a local drive and to print the content of the Site, or any part thereof, provided that such content is used for information purposes only.
8. RISK, LIMITATION OF LIABILITY AND INDEMNITY
8.1. User’s use of this Site and the information contained on the Site is entirely at User’s own risk and User assumes full
responsibility and risk of loss resulting from the use thereof.
8.2. The transmission of information via the internet, including without limitation via a mobile application and via email, is susceptible to monitoring and interception. User bears all risk of transmitting information in this manner. Under no circumstances shall the Site Owner be liable for any loss, harm, or damage suffered by User as a result thereof. The Site Owner reserves the right to request independent verification of any information transmitted via the Site and User consents to such verification where necessary.
8.3. To the extent permissible by law:
8.3.2. The liability of the Site Owner for faulty execution of the Site as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Site shall be limited to rectifying the malfunction, within a reasonable time and free of charge, provided that the Site Owner is notified immediately of the damage or faulty execution of the Site. This liability shall fall away and be expressly excluded if User attempts to correct or allows third parties to correct or attempt to correct the Site. However, in no event shall the Site Owner or any member of the Site Group be liable to User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Site, or its use or the delivery, installation, servicing, performance or use in combination with other computer software and/or applications.
8.3.3. User hereby unconditionally and irrevocably indemnifies the Site Group and agrees to hold the Site Group free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by any of Site Group as a direct or indirect result of:
18.104.22.168. Software, programs and support services supplied by, obtained by or modified by User or any third party;
22.214.171.124. User’s failure to comply with any of the Terms;
126.96.36.199. The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; and/or
188.8.131.52. Any unavailability of, or interruption in, the service.
8.3.5. User acknowledges that the information supplied by Sawubona is published/made available for information purposes only and that any action taken by User pursuant to that information is taken at the sole risk of User.
8.4. For purposes of this clause as well as when used elsewhere in these Terms, “Site Owner” means Sawubona CI Proprietary Limited, and “Site Group” means the Site Owner and all its online partners and/or data providers from time to time, including Lightstone Auto Proprietary Limited, Lightstone Explore Proprietary Limited, Lightstone Explore Proprietary Limited and the Automobile Association of South Africa NPC.
9. BREACH; CANCELLATION
9.1. This Site and these Terms may without notice, in addition to any other remedy available to the Site Owner at law or under these Terms
, including obtaining an interdict, be cancelled and/or a User may be limited or denied use of the Site, or specific performance of any
obligation whether or not the due date for performance has arrived may be claimed, in either event without prejudice to the right to claim
damages, should User:
9.1.2. use the Site in an unauthorised manner; or
9.1.3. infringe any statute, regulation, ordinance or law.
9.2. Breach of these Terms entitles the Site Owner to take legal action without prior notice to User and User agrees to reimburse the costs associated with such legal action on an attorney and own client scale.
10. COMPLIANCE WITH THE PROTECTION OF PERSONAL INFORMATION ACT, 2013
10.1 Insofar as the Site Owner is processing any personal information of the User, it shall do so in compliance with the provisions of the Protection of Personal Information Act, 2013 (“POPI Act”).
10.2. If and to the extent that a User no longer wishes to receive any direct marketing by means of unsolicited electronic communications, the User may do so by changing the settings on the Site or by sending an electronic mail to email@example.com
10.3 If and to the extent that a User wishes to access, correct or delete any of his or her personal information stored on this Site, her or she may do so by making such changes on the Site or by submitting the prescribed form(s) to the Site Owner at firstname.lastname@example.org
11. COMPLIANCE WITH SECTION 43(1) OF ECT ACT
In compliance with section 43(1) of the ECT Act, the following is noted:
11.2. Registration number: 2018/113684/07
11.3. Physical address: Moraine House, The Braes, 193 Bryanston Drive, Bryanston, 2191
11.4. Fax number: N/A
11.5. Telephone number: +27 11 463 1579
11.6. Website address: https://pdvault.co/terms
11.7. E-mail address: email@example.com
11.8. Names of office bearers: Nicholas Adam Hughes and Tamaryn Shalom
11.9. Registered at: Pretoria
12. GENERAL COMPLIANCE WITH LAWS
12.1. User shall comply with all applicable laws, statues, ordinances and regulations pertaining to User’s use of the services and the accessing of this Site.
13.1. Except as explicitly stated otherwise, any notices to the Site Owner shall be given by email to firstname.lastname@example.org. and to User at the email address User may specify. Notice shall be deemed given 48 hours after email is sent, unless the sending Party is notified that the email address is invalid. Notice may also be given by registered mail, in which case, notice shall be deemed given 7 days after the date of mailing. User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
14.1. Save in respect of those provisions of these Terms which provide for their own remedies or which would be incompatible with
arbitration, in the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out
of these Terms (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be
submitted to and decided by arbitration to be held with only the parties and their representatives present at Sandton, Gauteng, Republic of
14.2. It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty one) days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
14.3. Save as expressly provided in these Terms to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in the Republic of South Africa.
14.4. The arbitrator shall be an impartial practising attorney of not less than 10 (ten) years' standing appointed by the parties or, failing agreement by the parties within 14 (fourteen) days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the President for the time being of the Law Society of the Northern Provinces (or the successor body thereto). If that person fails or refuses to make the nomination, either party may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
14.5. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
14.6. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
14.7. The provisions of this clause are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
14.8. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
14.9. Save where expressly provided elsewhere in these Terms that User shall be liable for the Site Owner’s legal costs, each party shall pay their own arbitration costs, which they incur with their own legal advisors in respect of the negotiations, preparation for and conclusion of the arbitration proceedings. Any joint costs, such as those of the arbitrator, shall be born jointly and equally by the parties.
15. GENERAL CLAUSES
14.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.
14.2. The Site is controlled, operated and administered by the Site Owner from its offices within the Republic of South Africa. The Site Owner makes no representation that the content of the Site is appropriate or available for use in other locations or countries. Access to the Site from territories or countries where the content of the Site is illegal is prohibited. Users may not use this Site in violation of South African export laws and regulations. If the User accesses this Site from locations outside of South Africa, that User is responsible for compliance with all local laws.
15.3. The Site Owner does not guarantee continuous, uninterrupted or secure access to its services, as operation of its Site may be interfered with as a result of a number of factors which are outside of its control.
15.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
15.5. Any failure to act with respect to a breach by User or others does not constitute a waiver of any right to act with respect to subsequent or similar breaches.
15.6. User shall not be entitled to cede its rights or assign its rights or delegate its obligations in terms of these Terms to any third party.
15.7. The Site Owner shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
15.8. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
15.9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
15.10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
15.11. When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday as officially proclaimed in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
15.12. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
15.13. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
15.14. Expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions.
1.1. This policy (together with the terms and conditions of use as set out at https://pdvault.co/terms (“Site”) applies when you use the Site.
This policy sets out the basis on which any personal information (we collect from you, or that you provide to us, will be processed by us.
The Protection of Personal Information Act, 2013 (POPI Act) is aimed at protecting your personal information and regulates the manner in which
it may be processed.The POPI Act created an Information Regulator which has a number of duties, including monitoring and ensuring compliance with
the POPI Act to ensure that companies like Sawubona manage personal information in a responsible manner that respects your privacy.
1.2. Please read the following carefully to understand our views and practices regarding your personal information and how we will process it.
2. INFORMATION COLLECTED ON THIS WEBSITE
2.1. The following information may be collected and processed through the Site:
2.1.2. Information we collect about you and your device – Each time you visit the Site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, non-personal browsing habits and click patterns;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Site (including date and time); products you viewed, purchased or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
3. USE OF COLLECTED DATA
3.1. We shall not use any personal data collected about you through your specific action of opting out, save to process your
opt-out request. In this regard, we may be required to disclose your personal data to our affiliates (including but not limited to
Lightstone Proprietary Limited, Lightstone Auto Proprietary Limited, Lightstone Explore Proprietary Limited), our business partners
(including but not limited to the Automobile Association of South Africa NPC and motor dealerships which make use of our affiliates’
products, solutions and systems), third party service providers or
marketing bodies to ensure that your opt-out request is appropriately implemented.
3.2. We shall use non-identifiable data about you in the following ways:
- to ensure that content from the Site is presented in the most effective manner for you and for your device;
- to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
- to ensure the Site is safe and secure.
3.4. Please note that any reference to “we” or “us” in this Policy is intended to refer to Sawubona CI Proprietary Limited and Lightstone Auto Proprietary Limited.
4. METHODS OF PROCESSING
4.1. We collect, use, disclose, retain and dispose of your personal data in a proper manner, for authorised
purposes and take appropriate security measures to prevent
unauthorized access, disclosure, modification, or unauthorized destruction.
4.2. The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated.
5.1. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect
your personal information, we cannot guarantee the security of your personal information transmitted via the internet. Any transmission
is at your own risk. Once we have received your personal information, we will secure the integrity and confidentiality of the personal
information in our possession or under our control by taking appropriate, reasonable technical and organizational measures to prevent
loss of, damage to or unauthorised destruction of personal information and unlawful access to or processing of personal information.
5.2. Within our organisation, we restrict access of your personal data to those of our employees who have a business reason for knowing such data. We also maintain physical, electronic and procedural safeguards that comply with the relevant laws and regulations to protect your personal data from any unauthorised access.
6.1. All data you provide to us is stored on our secure servers in South Africa although, in the future, we may consider the storage of data at a destination outside of South Africa. We will only transfer your personal information to facilities or parties outside South Africa where such transfer is compliant with applicable laws and regulations. For your information, this includes circumstances where:
- the territory is recognised as offering adequate standards of protection; or
- we have put in place adequate safeguards, including the implementation of standard contractual provisions which are approved as providing adequate safeguards with respect to the protection of your privacy.
7. RETENTION TIME
Your personal information is kept only for the time necessary to process the service you request, or to fulfil the purpose outlined in this policy.
8. INFORMATION ABOUT COOKIES
This helps us to provide you with a good experience when you browse the Site and allows us to make improvements to your experience.
8.2. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of the Site.
9. YOUR RIGHTS
9.1. You have the right, at any time, to know whether personal data has been stored as well as the content and origin of the data to
verify its accuracy. You also have the right to ask that your data be supplemented, blocked, erased, updated or corrected. Requests should be sent
to us at email@example.com. Any access request may be subject to a fee to meet our costs in providing
you with details of the data we hold about you or as prescribed by law.
9.2. We can refuse to delete your information if we are required by law to retain it or if we need it to protect our legitimate rights.
11. LINKS TO THIRD PARTY WEBSITES
The Site may, from time to time, contain links to and from the websites of third parties, our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Last Updated: 12 April 2019