Terms of Service

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DEFINITIONS

This website and application are operated by HeyCarter (Pty) Ltd – under the Carter trademark. Throughout the site, the terms “we”, “us” and “our” refer to Carter / HeyCarter (Pty) Ltd synonymously. Carter offers this website and application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

“Carter” is the interactive on-line and application based service operated by HeyCarter (Pty) Ltd on the World Wide Web of the Internet, consisting of information services and content provided by Carter, affiliates of Carter and other third parties. “Visitor” means each person who establishes a connection for access to and use of Carter.

www.heycarter.com is a website maintained on the World Wide Web by HeyCarter (Pty) Ltd. Carter is an application maintained on the relevant application store by HeyCarter (Pty) Ltd. The following, “Carter”, “Website”, “Application” or “site” refers to www.heycarter.com or its applications available on relevant application stores. “User,” or collectively “Users,” refers to any party who accesses the site or applications. The singular form “User” may also refer to more than one party being the User at any one point in time. “You” will also refer to “User” or “Users” or any party that accesses the site or applications. “Access” means viewing or otherwise obtaining information located on www.heycarter.com or with Carter’s applications. “Agreement” refers to these Terms of Service and any subsequent amendment hereof. “Personal Information” refers to User information voluntarily submitted to Carter, by User, such as name, address, city, province, postal code, telephone number, e-mail address, ID number, gender, monthly income, current vehicle, job title, and employer.

ACCEPTANCE OF TERMS

Please carefully read the following Terms of Service and Disclaimer before using HeyCarter.com or the Carter applications. By accessing the site or applications via the World Wide Web, application stores, or any other medium, you accept and agree to all conditions imposed in the Terms of Service Agreement.

OVERVIEW

By visiting our site and/ or using our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or application. By accessing or using any part of the site or application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website or application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Carter reserves the right to modify these Terms of Service at any time without prior notice to you, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Service is effective immediately upon your receipt of notice from Carter. Notice can be given electronically via e-mail, by posting on the site, or any other means by which you may obtain notice. You should periodically check these Terms of Service for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. Carter reserves the right to monitor use of the site.

Carter has the exclusive right to control accessibility, hours of use, features on the site or applications, and any other information found on the site or applications. Carter can restrict access to any or all portions of the site or remove any information or content from the site at any time. Carter reserves the right to terminate this site or its applications at any time without prior notice.

You are solely responsible for providing the equipment related to accessing the site and / or applications, including all computer, mobile telephones, remote communications equipment, communications link, or other equipment.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

VISITOR CONDUCT  

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Visitor shall use the Carter website and application(s) for lawful purposes only.

Carter, or its third party content providers own and shall retain all worldwide rights in the intellectual property of this site and applications, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the site, its colour combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the site or applications is copyrighted or otherwise protected and owned by Carter, or a third party who licensed the right to use such content to Carter. Unless otherwise expressly noted, nothing that you read or see on the site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use – without the prior written consent of Carter.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Use any device or other means to harvest information about other Users.
  • Transmit, install, upload, or otherwise transfer any virus, program, process, advertisement, communication, or other item to the site or related servers and networks. You must not transmit any worms or viruses or any code of a destructive nature.
  • Post any material on the site that is offensive to any other User. Carter maintains the exclusive right to determine what is offensive.
  • Post or store on the site any content that violates or infringes the intellectual property rights of others (including, but not limited to, copyrights, trademarks, trade secrets, patents and publicity rights).
  • Modify the information found on the website.
  • Engage in any action that Carter determines is detrimental or prejudicial to the use and enjoyment of the website.
  • Use the website for any unlawful or defamatory means.
  • Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the Republic of South Africa.

The site content should not be used in territories where the sale of products or services rendered to which the content relates is not permitted.

COPYRIGHT

Carter, grants you a limited right to make the following uses of its copyrighted information from the site, (“Authorised Uses”). You may reproduce the site content solely for your personal, non-commercial, educational, and informational use and only if you keep such reproduced content intact with proper attribution and display of the copyright notice. Advertising agencies, designers and third party brokers may download and use the photo gallery portion of this site in connection with bids or requests for proposals for the provision of Carter services to end user customers, for internal training and for seminars. Thus, you may download or print site content, provided you do so for an Authorised Use and provided you do not delete or change any of the information, including copyright and trademark notices. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the site content.

Any Users who are media professionals or in anyway involved with media, should contact Carter at info@heycarter.com for permission to use the copyrighted information.

Authorised Use is not nor shall it amount to a transfer of title, and under this permission you may not:

Alter the site content in any way;

Use the site or application content for any public display (commercial or non-commercial) or for any purpose other than for Authorised Use;

5.3.3 Remove any copyright, trademark, or other proprietary marks or notations from the materials;

5.3.4 Transfer the site or application content to another person, “frame” or “in-line link” the site content, “deep link” to the site content, or “mirror” the site content on any other server;

5.3.4 Copy or modify, redistribute, republish, upload, adapt, or re-use any of the text, graphics, or other site or application content, or any of the source code or HTML code that Carter uses to generate its website or applications (except as a part of an Authorised Use), without prior written permission; or engage in any other conduct that violates the South African Copyright Act 98 of 1978 (as amended).

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This specifically includes all car information required, as well as any Carter proprietary car ratings or KPIs

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website or via our applications. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colours and images of products available through our Partners that appear on our website or applications. We cannot guarantee that your computer monitor’s display of any color will be accurate. All colours and images should be treated as guidelines.

We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any service request you place with us. We may, in our sole discretion, limit or cancel quantities of quotes or enquiries per person, per household or per order. These restrictions may include orders placed by or under the same customer account, for the same brand, for the same vehicle, and/or orders that use the same email or telephonic contact address. In the event that we make a change to or cancel a request, we may attempt to notify you by contacting the e-mail and/or phone number provided at the time the request was made. We reserve the right to limit or prohibit quotes / requests / enquiries that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information for all quotes requested on our platform. You agree to promptly update your account and other information, including your email address, telephone number, salary information and any other relevant information, so that we can complete your requests and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy which is published on our website.

Information Collection of Information provider by you:

Every Carter employee is required to adhere to the highest ethical standards in gathering, using, and safeguarding any information you choose to provide. Personal Information is gathered only when Users voluntarily make on-line or application based submissions of such information or voluntarily establish an account. Examples of the types of information we collect are: name, address, city, province, postal code, telephone number, ID number, current vehicle , e-mail address, and salary. We take reasonable steps to ensure that Personal Information captured by us is accurate, complete, and current. We only use Personal Information internally and only for the purpose of providing each User with the information they have voluntarily requested and for the recording of the acceptance of these Terms of Use. You may opt to: have Carter remove any of your Personal Information stored in our database; access Personal Information gathered concerning you; rectify and update any gathered information by sending such requests in writing to the physical, postal or email address of Carter contained in the Contact section of the website. Should a Carter employee breach their conditions of employment and disclose your personal information to another unauthorized party without your prior consent, Carter will do their utmost to discipline the party involved, but cannot be held liable for the individual employee’s conduct.

Carter does not rent, sell or exchange information about website Users except as required by law. We restrict access to User information to Carter employees. Third parties who need access to Carter User information to provide operational or other support services – are required by Cartere to comply with our security standards. We gather only your information that is needed to administer our business and enhance and improve our websites and applications.

Automatic Retrieval of Information – Carter uses certain electronic tools to capture the type of browser and operating system being used. This information is only for use by Carter to understand User behaviour, which helps to improve site quality and functionality.

Cookies – Cookies are small data files that are often stored a User’s computer each time a User visits a new website. Carter uses cookies to help personalize your experience when visiting www.heycarter.com . These cookies also help to uniquely identify your computer/computers for security purposes. These cookies do not contain personally identifiable information. You may opt to set his or her browser to refuse cookies. However, refusal of cookies may affect the experience at many websites, including www.heycarter.com.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). This specifically includes any car information provided (including pricing or instalment information). Any prices reflected should be treated as indicative until a final quote from a dealership is received.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You expressly agree that use of Carter is at visitor’s sole risk. Neither Carter, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Carter will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Carter, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Carter.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Carter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You access this site and Carter applications at your own risk. The site is and applications are provided on an “as is, as available” basis without warranty of any kind and any and all warranties of merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed. Neither Carter nor its affiliates, directors, officers, employees, agents, or third-party content providers shall be liable for any loss resulting from use or unavailability of information or content on this site, including but not limited to any lost profits, loss or damage to data or any direct, indirect, special or consequential damages, even if they have been advised of the possibility of such damages.

This disclaimer is applicable to any damage or injury resulting from negligence (including gross negligence) or omission of Carter, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of your information through theft or any other means. Carter is not liable for criminal, delictual or negligent actions or omissions of third parties, which affect this site. In no event will Carter or any of its affiliates, agents, directors, officers, employees, assignees, or third-party content providers be held liable for any delictual or illegal conduct of other users. In no event will Cartere, or any of its affiliates, agents, directors, officers, employees, third-party content providers or assigneess be held liable for any damage to equipment, hardware, or other property of yours or for any personal injury which arises in connection with use of the site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Carter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service constitute the entire agreement between Carter and you regarding the subject matter hereof. Any previous agreement, whether be it oral or written between Carter and you dealing with the subject matter hereof, is superseded. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of this Agreement, Carter may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and interdictory relief. Carter’s remedies are cumulative and not exclusive. Any failure by Cartere to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. Carter makes no representation that the content of the site or it’s applications is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the Republic of South Africa, notwithstanding any conflicts of law principles, and you hereby consent to exclusive jurisdiction and venue in such courts for such purpose.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Johannesburg, Gauteng, 2196, South Africa.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@heycarter.com.