Terms and Conditions
Last updated: October 1, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.bestdrive.co.za website (the “Site”) owned and operated by ContiTrade Africa (Pty) Ltd t/a BestDrive (“BestDrive” “us”, “we”, or “our”) who is also, unless specified otherwise, the seller of the products offered for sale on the Site (“Products”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.
Use of Site
Your permitted use of this Site is to view, refer to and/or print the Site content for lawful personal and non-commercial use only.
The permitted use of the Site does not extend to the source code of this Site or the source code of any software or computer program that comprises part of the content of the Site.
You are prohibited from using this Site in any manner that may interfere, jeopardise or affect the functionality or the intended operation of the Site, including, but not limited to, “hacking”, “phishing”, “spamming”, “spoofing”, “cracking” or any other activity with similar objectives.
You are granted a limited licence to copy and use the Site content purely for purposes of obtaining information about us and our Products and any other use of the Site and its content is prohibited and will constitute an infringement of our intellectual property rights. The prohibited use of this Site includes, but is not limited to modifying, distributing, commercialising, and/or altering the Site content, incorporating the Site content into other works or publications, or any other act or use that may not be considered to be fair use of the Site and its content.
You are permitted to create a hyperlink to the home page of this Site provided the hyperlink is clearly visible and that it does not portray or associate us, our employees, affiliates or agents in a false, misleading, derogatory or offensive manner in any way whatsoever.
Should you engage in any of the prohibited acts, we reserve the right to immediately terminate your access to the Site without notice.
The Site content is for information purposes and shall not be construed as advice of whatever nature.
We reserve the right to amend, update or modify the Site and its content at any time without prior notice and, unless stated clearly elsewhere, we make no representations, guarantees or warranties, whether express, implied or residual, as to the current validity, correctness, accuracy, completeness or quality of any information or content of the Site.
You are encouraged and responsible for checking these Terms on a regular basis to remain informed and updated as to the current Terms applicable and your continued use of the Site after those revisions become effective serves as your acknowledgement of this responsibility and as your acceptance of the Terms as amended, updated or modified from time to time. If you do not agree to the new Terms, please stop using the Site.
Exclusion of Warranties and Liability
Your use of this Site and its content is entirely at your own risk.
Subject to the terms of any applicable law, including the CPA (Consumer Protection Act 4 of 2013) and the ECTA (Electronic Communications and Transactions Act 25 of 2002), you hereby indemnify us against any loss, liability or damage, whether direct or indirect, special or consequential, whatever the legal basis, arising from your access to, use of or inability to use this Site or its contents and including in particular the infection of your computer environment with any viruses or harmful components.
We will not be liable for any interruption, unavailability or failure of this Site or of the Site content for any reason whatsoever and we specifically make no warranties or representations in this regard.
We do not accept any responsibility for any errors or omissions on the Site or its content and the Site and content is not intended to and does not constitute any advice or recommendation of any nature whatsoever.
Advertising and Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
Any such hyperlinks are not intended to be and should not be interpreted as being reflective of any commercial or other relationship between our business and the business of the third-party link.
We do not endorse, recommend or approve any linked third-party website and your use of any third-party website is entirely at your own risk.
Accordingly, we assume no responsibility for the content, privacy policies, or practices of any third party website or services and you hereby acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party website or service.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Interception and Monitoring
You agree that your communications on our Site may be intercepted in terms of RICA (Regulation of Interception of Communications Act 70 of 2002, as amended) by us or by any competent authority.
Trademarks and Copyright
All the intellectual property in relation to the Site, including, without limitation, all texts, images, graphics, animations, videos, music, sounds, trademarks and other material, is owned by us and is subject to copyright and other intellectual property rights. Any unauthorized use thereof is strictly prohibited.
Nothing contained on this Site is intended to be or should be construed as granting any license or right to use any of the intellectual property without our prior written consent.
In the event of any dispute regarding any matter arising out of these Terms not being resolved through consultation with us, the dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa, which rules may be accessed by clicking on the following link: http://www.arbitration.co.za/downloads/expedited rules.pdf.
Notwithstanding the above, either you or we may obtain interim or urgent relief from any competent court.
Any notice to us must be delivered by hand or per registered mail to the address stipulated hereunder.
Any costs incurred by us as a result of your use of our Site or your breach of these Terms, including but not limited to legal costs as between attorney and own client, VAT and tracing fees, shall be borne by you.
We are obliged, in terms of Section 43 of the ECTA, to make the following information available to you:
Full business name: ContiTrade Africa (Pty) Ltd
Legal status: Private Company (Pty) Ltd
Registration No.: 2013/059163/07
Place of registration: South Africa
Main business: Tyre wholesaler and retailer
Physical Address: 1 Cadle Street, New Brighton West, Port Elizabeth
Telephone no.: 041 406 5111
Address for receipt of legal service: 1 Cadle Street, New Brighton West, Port Elizabeth
Website address: www.bestdrive.co.za
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain of full force and effect.
These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have between us regarding the Site.
We shall be entitled to cede, assign and delegate any or all of our rights and obligations in terms of these Terms to any third party without your consent and without notice to you.
Should we be prevented from fulfilling any of our obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as we are so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than thirty days after it has first occurred then we shall be entitled (but not obliged) to terminate all of our rights and obligations in terms of or arising out of these Terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of the affected party including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
Code of Conduct
All Rights Fully Reserved.