Effective Date: 26 May 2019
YOUR USE OF THE SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE TERMS AND CONDITION’S THIS LEGAL AGREEMENT (THESE “TERMS AND CONDITIONS” OR THIS “AGREEMENT”) BETWEEN YOU AND AUTO KEY (PTY) LTD. (“AUTO LOCKSMITH CO.”, “WE”, OR “US”) WHICH HAS A PRINCIPAL PLACE OF BUSINESS LOCATED AT PLOT 147 SHOP 3 SHEFFIELD ROAD , MBABANE, in the KINGDOM OF ESWATINI.
IN ORDER TO USE OUR WEB SITES, MOBILE WEB SITES, APPLICATIONS OR SERVICES, OR THE INFORMATION, CONTENT OR SERVICES CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE “SERVICES”), YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS AND CONDITIONS DISCLOSURES INCORPORATED BY REFERENCE.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS AND CONDITIONS (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US (I.E. YOU MUST BE AT LEAST 18 YEARS OF AGE OR AT LEAST 13 YEARS OF AGE AND ACCOMPANIED BY AN ADULT WHO WILL BE RESPONSIBLE FOR YOUR ACTIONS), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF ESWATINI OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SITE.
IF THERE IS ANY CONTRADICTION BETWEEN WHAT THIS AGREEMENT STATES AND WHAT ANY OTHER AGREEMENT, TERMS AND CONDITIONS OF SERVICE, OR CONTENT STATE ON ANY SITE, APPLICATION OR OTHERWISE, THEN THESE TERMS AND CONDITIONS SHALL TAKE PRECEDENCE.
- Our Provision of Services
1.1 We may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) provide the Services to you. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
1.2 We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you.
1.3 As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services.
1.4 You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- Your Use of the Services
2.1 In order to access the Services, you may be required to provide information about yourself (such as name, address, password, e-mail address, identification, and/or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Kingdom of Eswatini or other relevant countries).
2.3 You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers).
2.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.5 You agree that you will not reproduce, duplicate, or copy any portion of the Services for any purpose.
2.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach
- Your Passwords and Account Security
3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.2 Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account.
- Privacy and Your Personal Information
4.3 WE DO NOT PUBLISH CONTENT AND THE SERVICES DO NOT INCLUDE CONTENT THAT IS TARGETED TO CHILDREN
4.4 If you are under age 13, please do not attempt to use the Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
4.5 We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.
- Orders and Product Availability
5.1 If you wish to purchase any product made available through the Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILISED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Transaction.
5.2 All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available.
We reserve the right, with or without prior notice, to do any one or more of the following:
(i) Limit the available quantity of or discontinue any product or service.
(ii) Impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.
(iii) Bar any user from making or completing any or all Transaction(s).
(iv) Refuse or cancel any order or restrict or terminate your account for any reason, including violation of these Terms and condiionsor any of our other policies.
(v) To prohibit sales to dealers and resellers. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
5.3 Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display our products and services accurately. Despite these efforts, a small number of items may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologise for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
- Electronic Communications
6.1 When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Proprietary Ownership
7.1 The information and materials provided on or through the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by us or our licensors, and are intended to educate and inform you about our products and services offered or described on the Services.
7.2 Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein.
7.3 Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. Use of the Services and Materials for any purpose other than as expressly authorised in these Terms and conditions a violation of our copyrights and other proprietary rights, and is strictly prohibited.
7.4 Except as expressly set forth in these Terms, the Services, including all software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by us and will remain our exclusive property. You acknowledge that the Services and Materials are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair our ownership of the Services and Materials and the content therein.
7.5 The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered trademarks of us and our advertisers, licensors, suppliers and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
7.6 Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.
- User Content
Visitors may post reviews, comments, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as you do not:
• violate any law or regulation;
• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorised advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software;
• stalk, harass, defame or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Services (although we may allow operators of public search engines to use spiders to index materials for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, provided we reserve the right to revoke these exceptions); or
• interfere with or disrupt the Services.
You agree that by submitting communications or content that such submission is non-confidential for all purposes. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub license-able right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and conditions and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments, or other content available on or through our Services. We are not liable for any loss or damage that might arise from your reliance on any recommendations or other content on or through the Services.
- EXCLUSION OF WARRANTIES
We cannot and do not represent or warrant that the Services or our server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENTS OR MATERIALS OF THE SERVICES, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENTS THEREOF INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE CONTENTS THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
These Terms and conditions shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorised postings of copyrighted works. Upon termination of these Terms, your right to use the Services shall immediately cease, and you shall destroy all Materials obtained from the Services and all copies thereof. You agree that any termination of your access to or use of the Services may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS AND CONDIIONSTHAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT THEREOF, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
You agree to defend, indemnify and hold harmless our company, together with our subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Services, or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the content, your conduct, your violation of this Agreement or your violation of the rights of any third party.
13.2 The manner, mode and extent of advertising by us on the Services are subject to change without specific notice to you.
13.3 In consideration for us granting you access to and use of the Services, you agree that we may place such advertising on the Services.
- Other content
14.1 The Services may include hyperlinks to third party Web sites, services, products, content or resources. We may have no control over any third party Web sites or resources which are provided by companies or persons other than us.
14.2 You acknowledge and agree that we are not responsible for the availability of any such hyperlinks or such external third party Web sites, services, products, content or resources, and do not endorse any such advertising, products or other materials.
14.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external third party Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, our hyperlinks, Web sites or resources.
- Changes to this Agreement
15.1 We may make changes to this Agreement from time to time.
15.2 You understand and agree that if you use the Services after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
- General Legal Terms
16.1 The Terms and conditions constitute the complete legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.
16.2 You agree that we may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services including by updating these Terms. You consent to receive e-mails from us, which may include commercial e-mails.
16.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
16.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
16.5 You acknowledge and agree that each member of the group of companies of which we are the parent or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.