Terms and Conditions

Terms and Conditions

Access to the Website is subject to the following terms and conditions

Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it. Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. If you do not agree to obey these terms and conditions you must stop using the Website 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.

In these terms and conditions:

“we/us/our” means JMS Africa (Pty) Ltd, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;

“Website” means this website including all aspects, facilities and services of any nature whatsoever related thereto;

“you”/”your” means the user of the Website including users who has registered with us and where applicable, advertisers.

1. Access to the Website

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

2. Content

You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.

The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.

Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.

We give no warranties, conditions, guarantees or representations, expressed or implied, as to:

• The completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;
• The content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
• The completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.

3. Contractual issues

We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. 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 cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

4. Liability

The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute;
2. Any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:

• Our failure to fulfil any of our obligations in terms hereof;
• The Website or resulting from the use, the inability to use, the Website;
• The search results obtained from the Website;
• Any websites linked to the Website and any material posted on it.

We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

We publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics and similar information on our business and area of trade, competitors and related parties for your edification. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.

5. Intellectual Property

All intellectual property including trade marks, names and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.

All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of vehicles, are owned and/or controlled by us.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without our express written permission.

Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to us.

6. Links to other websites

The Website contains hypertext links to websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

7. Links to the Website

You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.

8. Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.

You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username which we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

9. Security

We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.

10. General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party.

You may not without our prior written consent, assign or dispose of any rights or obligations arising under these terms and conditions. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes we make, as they are binding on you. Some provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.

If any of the provisions of the terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms and conditions together with our privacy policy contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either your or us.

The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms and conditions; the use or inability to use the Website and or information contained on the Website.

11. Communication / Data

By accessing the website (either directly or indirectly and without necessarily registering thereon as provided for in paragraph 8 above) and providing us with your details you agree to ourselves and/or our duly authorized agents:

• Utilising your information to communicate further with you in future regarding matters which we believe might be of interest or relevant to you;
• Storing your information in our database for future reference and for purposes of the above; and
• Utilising your information for statistical purposes.

We make use of the Google Invisible reCAPTCHA service. Use of the Google Invisible reCAPTCHA service is subject to the Google Privacy Policy and Terms of Use.

12. EC Act Disclosures

Access to the website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:

• Our full name and legal status: JMS Africa (Pty) Ltd
• Street address: Stanley Park, Parks Drive, Oakdene, Gauteng, 2190
• Main Business: Advertising / Marketing of motor vehicles and related products
• Website address: https://joumasecars.africa
• Official email address: support@joumasecars.africa
• Governing terms of use: These terms including our Privacy Policy
• Manual in terms of the Promotion of Access to Information Act 2 of 2000: See Website
• Management: The executive committee of JMS Africa (Pty) Ltd as determined from time to time
• Costs associated with the access to and use of the service: No cost associated with accessing the service
• Dispute resolution: No specific dispute resolution process
• Complaints process: If you have any complaints or would like more information please e-mail customer service

Advertising Terms and Conditions

Advertisements placed on the Website will also appear on the Auto Trader mobile Internet service.

By placing an advertisement with us, you are deemed to have read and accepted these Conditions. These Conditions and the contract to which they form part shall be governed by South African law.

1. Non Transferable

You may not assign or transfer any or all of your rights and/or obligations arising from these Conditions without our prior written consent.

2. Multiple Advertisements

• We are only able to display one advertisement per vehicle at any one time on the Website.
• If you order a subsequent placement of the advertisement which is already advertised on the Website, then the subsequent advertisement will replace the previous advertisement for that vehicle.
• The time period for the first advertisement will automatically expire when it is replaced by the subsequent advertisement.
• We will not be liable to reimburse you, should the first advertisement not be displayed for duration of the period for which payment was made.

3. Payment

• All advertisements must be fully paid for, prior to publication, at the advertising rates specified by us at that time. We shall not be under any obligation to publish any advertisement that has not been paid for in advance.
• Payment for advertisements can be done online through our Website or through our offline sales team.
• Where payment is made online through our Website, you will be directed to a dedicated commerce provider who will take payment via a secure sever (SSL) connection ensuring the safety of your online payment. Payment can be made using Visa or MasterCard. Whilst every effort is made to ensure the safety of your card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the online secure payment mechanism.
• We shall have the right to change our advertising rates at any time. Such revised advertising rates shall apply to any advertisement placed with us after publication of the revised advertising rates.

4. Processing Your Advertisement

• Only one vehicle may be featured in an advertisement.
• We aim to process advertisements supplied online or to our sales team within 24 hours of receipt and placements of these advertisements on the Website the following working day.
• As soon as an advertisement has been approved, a confirmation email will be sent to you confirming that the advertisement has gone live onto the Website. In the event that an advertisement has been rejected, we will attempt to send an email to you providing details of who you need to contact in order to find out why your advertisement has been rejected.

5. Warranties

You warrant that;

• all information and materials provided to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the South African Code of Advertising Practice as well as all current relevant legislation;
• the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights; nor render JMS Africa (Pty) to any proceedings, and/or be detrimental to the reputation of JMS Africa (Pty) Ltd;
• in respect of any advertisement which contains a copy or photographs or video by which any living person is or can be identified, you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time).

We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which:

• You fail to comply or we suspect that you are not complying with the provisions of clause 5.a; and/or
• any competent law enforcement or compliance authority instructs, advises or makes a recommendation or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.

6. Intellectual Property Rights

• All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights [whether registered or not]) (“IPRs”) in any publication, copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.
• Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us protect and enforce them. In respect of any materials other than that referred to in above, which you supply to us (“Materials”).
• You grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.
• You shall at all times indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party’s IPRs.

7. Our Rights and Obligations

• We shall provide the service with reasonable care and skill in a professional and timely manner and the advertisement shall be designed in accordance with the agreed specification.
• Where your advertisement is to appear on the Website, you acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to the Website.
• We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us as a result of an untrue statement or inaccurate information, photograph or video.
• We reserve the right to refuse publication of an advertisement without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an advertisement at our sole discretion. Where possible, we will attempt to inform you of any such changes.
• We may at any time vary the technical specifications of the Website (or any part thereof) for operational reasons.
• We may at any time remove any or all of the material and/or statements appearing in the advertisement from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.
• In the event that we do not accept an advertisement, we will, if possible, inform you accordingly. In the event that we reject the advertisement, no charge will be incurred by you. Further, no contract will be deemed to exist between you and us until such time as the advertisement has been accepted for posting on the Website and payment is made.
• From time to time we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.

8. Media Files and Photographs

• Media files and/or photographs may be checked by us to ensure that the content meets the requirements as set out in these Conditions.
• If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous, we reserve the right to remove it from the Website.
• Media files and photographs should only advertise one vehicle.

9. Amendments

• Any amendments to your advertisement, can be done via the online edit functionality or by contacting Customer Service.
• If you are experiencing any difficulties in relation to amendments or you wish to enquire whether changes can be made, please contact Customer Services during business hours and as displayed on the Website or email your enquiry to customer serviceproviding your advertisement reference number, vehicle registration number or postcode.

10. Cancellation and Refunds

All advertisements will be processed immediately and payments are non-refundable once the advertisement appears on the Website. Please note that advertisements may take up to 24 hours to appear on the Website.

11. Liability

• We shall not be liable to you for any
  • consequential, indirect or special loss or damage;
  • loss of goodwill or reputation;
  • loss of business and/or opportunity;
  • loss of profits;
  • loss of revenue; and/or
  • economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise

arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.

• Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the advertising rates paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.
• In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the advertisement, refund you or adjust the advertising rates. No refund, amendment or adjustment to the advertising rates will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by you.
• We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).

12. Data Protection

• By submitting an advertisement to us, you request the placement of the advertisement on the Website. This means that the advertisement together with your telephone number and company details (where applicable) can be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
• We warrant that we shall comply with the provisions of the Data Protection Act 1998 as may be amended from time to time in so far as our agreement with you relates to or involves the processing of Personal Data (as defined in the Act).
• You acknowledge and agree that by placing an advertisement with us, we may collect certain Personal Data relating to you and/or your employees, and/or consultants and/or contractors (as applicable). This Personal Data may be used for a number of purposes as further detailed in our Privacy Policy on the Website. We advise that you familiarise yourself with such policy.. Amongst others, this information may be used for fraud prevention purposes, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations.

13. General

• These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.
• If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
• We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.
• We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on the Website shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.
• The agreement which incorporates these Conditions shall be governed by and construed in accordance with South African Law and the parties irrevocably submit to the exclusive jurisdiction of the South African Courts.

14. Dealer Advertising

• In addition to the above and with specific reference to dealer advertising, such dealer hereby agrees to have complied with the Business Advertisement Disclosure Order 1977 which came into effect on 1 January 1978.
• Such order requires that all advertisements by people who seek to sell goods in the course of business, shall make such fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person in the course of whose business goods are to be sold. Customers should be able to tell whether an advertisement relates to a sale by a dealer or private seller. Non compliance therewith is an offence.
• It is your responsibility to ensure that, where applicable, your advertisement states that you are a dealer. Hence, the placing of an order for dealer advertising to be included on the Website shall amount to an acceptance of these conditions. Any agency conditions stipulated on an agency’s order shall be void in so far as they are in conflict with these Conditions.

15. Trade Online Advertisements (“TOLA”)

• You have the option of purchasing advertising space from us online and of paying for same online by accessing our website and utilising the self serve channel.
• Payments can be made using credit card or by direct electronic funds transfer (“EFT”).
• Use of TOLA is subject to all of the terms and conditions contained herein as and where applicable including also our right;
  • to refuse and/or withdraw any advertisement tendered or placed at your instance at any time in our sole unfettered discretion;
  • to refuse the placement of any advertisement from you in circumstances where you have not honoured any of your obligations to ourselves and/or effected payment to us of monies due;
  • to remove this facility known as TOLA from our website entirely;
  • to modify, include or change in any way any aspect of TOLA including pricing, delivery time, deadlines and the like within our sole unfettered discretion.
• To place advertisements through TOLA, payment has to be made upfront via credit card or EFT prior to the deadline cut off date which is each and every Monday before 13h00 on the self serve channel.
• No adverts will be placed through TOLA unless prior payment has been made.