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Terms & Conditions

    Thank you for visiting the Zoopa Website, which is owned by Carstats SA (Proprietary) Limited (“Carstats”).  Before you go any further it is important that you read and understand the conditions under which the Website and its services may be used.

    1. These Terms and Conditions govern the User’s use of the Website.  By accessing and using the Website, the User agrees to be bound by these Terms and Conditions. Accessing and using the Website accordingly constitutes the User’s acceptance of and agreement to these Terms and Conditions.
    2. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute any of the Information.

    1. Carstats reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions shall become effective, and bind the User, from and upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates shall be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
    2. A certificate signed by the administrator responsible for maintaining the Website (whose authority it shall not be necessary to prove) shall be prima facie proof of the date of publication of the Information and these Terms and Conditions, including all changes, modifications and additions thereto or removals therefrom.

    Carstats grants to the User, subject to these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the Information for personal, non-commercial and information purposes only.

    1. The User shall, insofar as the User is granted access to Zoopa, itself or through a third party-
    2. not in any way, manner or form and whether directly or indirectly copy, reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of Zoopa for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions;
    3. not sell or cause to be sold any portion of Zoopa, the Information and/or the Products for any reason and in any manner whatsoever;
    4. not decompile, disassemble, reverse engineer or create any derivative work from the whole or any portion of Zoopa;
    5. not collect the Productlistings, descriptions or other information displayed on the Website;
    6. not write and/or develop any derivative of Zoopa or any other software program based on Zoopa;
    7. not modify or enhance Zoopa. In the event of the User effecting any modifications or enhancements to Zoopa in breach of this clause 5.1.6 , such modifications and enhancements shall be deemed to be the property of Carstats and in this regard the User hereby cedes, assigns and makes over (with effect from inception in respect of future copyright, as the case may be) all rights, title and interest in and to any such modifications or enhancements to Carstats.  Carstats shall be entitled by written notice to request the User, from time to time, to sign any such deeds and documents and to take all such actions as may be necessary for Carstats to perfect its rights of ownership over any such modifications or enhancements;
    8. not without Carstats’ prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to Zoopa by persons other than the User;
    9. not remove any Product identification, trademark, copyright or other notices from Zoopa;  and
    10. notwithstanding anything contained to the contrary in these Terms and Conditions, not use Zoopa for any purpose other than the interpretation of information contained in Zoopa for personal, non-commercial and information purposes only.
    11. Carstats shall be entitled, in its sole discretion, to limit and/or deny any User access to Zoopa or terminate the User’s right to use Zoopa, if in such discretion, it is the opinion of Carstats that such a User is misusing and/or abusing its access to the Zoopa application.
    12. To the extent permitted by law, Carstats, its affiliates and subsidiaries reserve the right in their sole discretion to refuse service, terminate access, remove or edit any of the Information and to cancel orders of the Products in respect thereof.
    13. Any unauthorised use of the Information by the User shall be a material breach of these Terms and Conditions.

    The User hereby warrants to Carstats that the User has the required legal capacity to enter into and be bound by these Terms and Conditions. Any individual below the age of 18 years may not use the services and must be assisted by their legal guardian when reading and entering into these Terms and Conditions.

    1. Any dealings that the User may have with advertisers found on the Website are solely between the User and the advertisers. This includes, but is not limited to, correspondence, business dealings, participation in promotions, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings.
    2. Carstats shall not be responsible or liable for any loss or damage, of whatsoever nature and howsoever arising, incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website or as a result of the products or services of any other person.

    Carstats may use the services of other persons or entities to provide information on the Website. Carstats has no control of such information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided 'as is' and that Carstats and its online partners shall not be directly or indirectly liable for any damages that may arise from the User’s reliance thereon or use thereof.

    The Website will contain links to other sites with information and material produced by other parties, including Carstats’ advertisers. While Carstats tries to provide links only to reputable sites or online partners, Carstats cannot accept responsibility or liability for the information provided on other sites. A link from the Website to any other website does not mean that Carstats has scrutinised or endorsed the owners, licensees or administrators of such website or information displayed thereon or their business or security practices and operations.

    1. Users may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to the Website or any subsidiary pages before receiving the prior written approval of Carstats, which may be withheld in Carstats’ sole discretion or granted subject to the conditions Carstats may, in its sole discretion, specify.
    2. An application for linking must be submitted to and once received Carstats shall take reasonable steps to respond and enter into further discussions with the User.  If no written response is received from Carstats within five business days, the request shall be deemed to be rejected.

    1. Carstats retains all copyright and other intellectual property rights in all software, data, material, including logos and other graphics and multimedia works published on or via the Website.
    2. The User acknowledges and agrees that Zoopa and any necessary software used in connection with the Website or service offered thereby contain proprietary and confidential information that is protected by intellectual property and other laws in force from time to time. The User further acknowledges and agrees that information contained in sponsor advertisements or information presented to the User through the Website or any other service or advertisers is also proprietary and confidential and is subject to intellectual property laws in force from time to time. Except as expressly authorised by Carstats, the User shall not modify, rent, lease, loan, sell, distribute, commercialise in any way or create derivative works based on the Website, or any such service or software, in whole or in part.
    3. The logos and trademarks shown on the Website are the registered and unregistered trademarks of Carstats or third parties. Nothing contained on the Website shall be construed as to grant any licence or right to use any such logo or trademark without the prior written permission of Carstats or that of third party proprietors.
    4. Irrespective of the existence of copyright, the User acknowledges that Carstats is the proprietor of all the Information and other material on the Website, whether of a confidential nature or not, and that the User has no right, title or interest in and to the Information or such material.
    5. The Information currently or anticipated to be displayed at the Website is provided by Carstats, its affiliates and/or subsidiaries, or any other third party owners thereof, and includes, but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions and computer programs. All such proprietary works, and the compilation of the proprietary works, are copyrighted to Carstats, its affiliates or subsidiaries, or any other third party owner of such works and are protected by South African and international copyright laws. Carstats reserves the right to make any changes to the Website, the Information, or to the Products offered through the Website at any time and without notice. All rights in and to the Information are reserved and retained by Carstats. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including, without limitation, any copyright, trademark, patent or other intellectual property rights in or to the Information.

    1. In order to use Zoopa, the User must obtain access to the World Wide Web, either directly or through devices that access web-based Information, and pay any service fees associated with such access. In addition, the User must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
    2. The User is required to use and maintain only hardware and software of sufficient quality and performance capability and to use only the latest versions of Microsoft Internet Explorer and Netscape browsers. The User’s failure to use these browsers may result in a higher security risk or cause some or all of the functionality of the Website or sites of online partners not to operate properly or at all.
    3. Software, if any, made available for download on or via the Website is governed by licence conditions that establish a legal relationship with the licensor. The User indemnifies Carstats against any breach by the User of these licence conditions. Carstats gives no warranty and makes no representations, whether express or implied, as to the quality or fitness for the purpose of the use of such software.
    4. No warranty, whether express or implied, is given that any files, downloads or applications available via the Website or third party sites, including the sites of online partners or advertisers are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of the User’s computer, database, network or other information system.

    1. Access to and Use of Information
      1. Carstats makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
      2. Carstats shall not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential information by the User to Carstats through the Internet, or that the User expressly or implicitly authorise Carstats to make, or for any errors or any changes made to any transmitted information.  To ensure acquaintance with and awareness of the privacy measures and policies of Carstats, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions and, in particular, the Privacy Policy contained on the Website.
    2. Unsolicited Information
      1. If the User posts unsolicited information to the Website then, unless otherwise indicated, the User grants to Carstats a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.  The User grants to Carstats the right to use the name that the User submits in connection with such information, if Carstats chooses to do so.
      2. The User warrants that the User owns or otherwise controls all of the rights to the information that the User posts in terms of clause 13.2.1 , that the information is accurate; that by the supply of the information to Carstats, the User does not violate the rights granted to Carstats and does not infringe the rights of any person or entity; and that the User indemnifies Carstats for all claims resulting from the receipt by Carstats of the information the User supplies to it. Carstats reserves the right but not the obligation to monitor and edit or remove any information, where posted to public pages.  Carstats takes no responsibility, and assumes no liability for any information posted by the User or any third party.
    3. Solicited Information
      1. Carstats requires certain personal information to process transactions if the User requires any of the Products.  Carstats receives and stores all information the User enters on the Website or gives to Carstats.
      2. The User may choose not to provide certain information, but that may limit the Products that the User may wish to obtain from Carstats. Carstats provides the Products in conjunction with its affiliates and subsidiaries.
      3. In this regard, and unless specifically restricted by the User from the license below, the User grants to Carstats a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.
      4. The information obtained from the User in terms of this clause 13.3 and that is required by affiliates and subsidiaries of the User to give effect to transactions that the User choose to enter into, is shared with those entities.
    4. Promotional Information
      Carstats aspires to provide first-class services to its customers, which necessitates Carstats providing information in the form of circulars to the User regarding services or special offers. In each instance, the User is provided an opportunity to decline to receive any of such circulars.
    5. Business Transfers
      Carstats may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer information shall be one of the transferable assets.
    6. Lawful Purposes
      When Carstats is served with due legal process requiring the delivery of personal information concerning, or in connection with, the User, and it has the legal duty to abide by that demand, it shall forthwith comply with such demand.
    7. Surveys
      Carstats understands that efficiency and customer care translates into good service. Carstats may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Carstats shall inform the User as to how the information gathered shall be used, and shall provide the User with the opportunity to decline to participate in such surveys.

    The User expressly gives its consent for Carstats to monitor the User’s internet and e-mail traffic on Carstats’ various web site servers and domains. The User acknowledges that Carstats monitors internet and e-mail traffic on these various website servers and domains primarily to ensure that surfers and consumers are not acting illegally, unlawfully or in breach of these standard terms and conditions of use, and:
    1. to maintain the integrity and security of Carstats’ web sites and information technology systems;
    2. to investigate and detect any unauthorised use of Carstats web sites and information technology systems;  and
    3. as an inherent part of and to secure the effective operation of Carstats web sites and information technology systems.

    This Website is controlled, operated and administered by Carstats from its offices within the Republic of South Africa.  Carstats makes no representations that the Information is appropriate or available for use in the locations or countries. Access to the Website from territories or countries where the Information is illegal is prohibited. The User may not use the Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with
    all laws applicable in such locations.

    1. The Website and all the Information, including any current or future offer of any Products, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Carstats makes no warranty or representation as to the availability, accuracy or completeness of the Information. To the extent permitted by law, neither Carstats nor any holding company, affiliate or subsidiary of Carstats, shall be held responsible for any direct or indirect special, consequential or other damages of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Information or the Website or any function thereof, or of any linked website, even if Carstats is expressly advised thereof.
    2. Subject to the provisions of clause 16.4 below and to the extent permitted by law, the liability of Carstats for faulty execution of Zoopa as well as all damages suffered by the User, whether direct or indirect, or of any other nature whatsoever, as a result of the malfunctioning of Zoopa shall be limited to Carstats rectifying the malfunction, within a reasonable time and free of charge, provided that Carstats is notified immediately of the damage or faulty execution of Zoopa.
    3. The obligations of Carstats provided for in clause 16.2 shall not apply if the User attempts to correct or allows third parties to correct or attempt to correct Zoopa without the prior written approval of Carstats.
    4. Without limiting the generality of the aforegoing provisions of this clause 16, Carstats shall not be liable for any delay, failure, breakdown, damage or injury caused by -
      1. software  programs and support services supplied, or obtained by the User without the consent or knowledge of Carstats; or
      2. software or programs modified by the User or any third party not authorised to do so in terms of these Terms and Conditions; or
      3. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software.
    5. In no event shall Carstats be liable to the User for loss of profits or for incidental, special or consequential damages arising out of, or in connection with, Zoopa or the delivery, installation, servicing, performance or use of it in combination with other computer software.
    6. Neither party shall be liable for any loss suffered by any person as the result of any act or omission on the part of the other party or its employees, agents, correspondents, accountants or attorneys in procuring, collecting and communicating or failing to communicate any information to the other party, except in the case of gross negligence, and the parties indemnify each against such losses.  Both parties shall use their best endeavours to ensure that the information supplied to the party receiving information from the other party is accurate and correct, however, no liability of whatever nature shall attach to the other party its employees, agents, correspondents, accountants or attorneys for any mistakes, error or omission in the information supplied, not does either party in any way guarantee the correctness or accuracy of the information supplied by either party to the other party.
    7. No information provided by either party to the other party shall in any way be construed as that parties’ opinion on the solvency, financial standing, integrity or motives of the parties reported upon, but shall merely reflect an analysis of certain information compiled by that party from various sources, including the records of the Courts of the Republic of South Africa.
    8. To the extent permitted by law, the User expressly and irrevocably waives and renounces all its rights of whatever nature it may have against Carstats for any loss suffered by it, as a result of information supplied by Carstats being incorrect, incomplete or inaccurate.
    9. Both parties acknowledge that the information supplied by the other party is published/made available for information purposes only and that any action taken by either party pursuant to that information is taken at the sole risk of the receiving party.

  17. BREACH
    If any party breaches any material provision or term of these Terms and Conditions (other than those which contain their own remedies or limit the remedies in the event of a breach thereof) and fails to remedy such breach within 14 (fourteen) days of receipt of written notice requiring it to do so (or if it is not reasonably possible to remedy the breach within 14 (fourteen) days, within such further period as may be reasonable in the circumstances provided that the party in breach furnishes evidence within the period of 14 (fourteen) days, reasonably satisfactory to the other party, that it has taken whatever steps are available to it, to commence remedying the breach) then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under these Terms and Conditions, including obtaining an interdict, to cancel these Terms and Conditions or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the aggrieved party's right to claim damages.

    1. Save in respect of those provisions of the Terms and Conditions which provide for their own remedies which would be incompatible with arbitration, a dispute which arises in regard to –
      1. the interpretation of;  or
      2. the carrying into effect of;  or
      3. any of the parties' rights and obligations arising from;  or
      4. the termination or purported termination of or arising from the termination of;  or
      5. the rectification or proposed rectification of these Terms and Conditions, or out of or pursuant to these Terms and Conditions or on any matter which in terms of these Terms and Conditions requires Terms and Conditions by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be submitted to and decided by arbitration.
    2. That arbitration shall be held –
      1. with only the parties and their representatives present thereat;
      2. at Sandton, Gauteng, Republic of South Africa.
    3. It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty one) working days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
    4. Save as expressly provided in these Terms and Conditions to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in the Republic of South Africa.
    5. The arbitrator shall be an impartial practising attorney of not less than 10 (ten) years' standing appointed by the parties or, failing Terms and Conditions by the parties within 14 (fourteen) days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the President for the time being of the Law Society of the Northern Provinces (or the successor body thereto).  If that person fails or refuses to make the nomination, either party may approach the High Court of South Africa to make such an appointment.  To the extent necessary, the court is expressly empowered to do so.
    6. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
    7. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
    8. The provisions of this clause are severable from the rest of these Terms and Conditions and shall remain in effect even if these Terms and Conditions are terminated for any reason.
    9. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.

    1. These Terms and Conditions constitute the whole agreement between the parties relating to the subject matter hereof.
    2. Subject to the provisions of clause 4, no amendment or consensual cancellation of these Terms and Conditions or any provision or term hereof or of any terms and conditions, bill of exchange or other document issued or executed pursuant to or in terms of these Terms and Conditions and no settlement of any disputes arising under these Terms and Conditions and no extension of time, waiver or relaxation or suspension of any of these Terms and Conditions or agreement not to enforce or to suspend or postpone the enforcement of any of the provisions or terms of these Terms and Conditions or of any terms and conditions, bill of exchange or other document issued pursuant to or in terms of these Terms and Conditions shall be binding unless recorded in a written document signed by the parties.  Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
    3. No extension of time or waiver or relaxation of any of the provisions or terms of these Terms and Conditions or any terms and conditions, bill of exchange or other document issued or executed pursuant to or in terms of these Terms and Conditions, shall operate as an estoppel against any party in respect of its rights under these Terms and Conditions, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these Terms and Conditions.
    4. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

    Save as expressly provided elsewhere the User shall not be entitled to cede its rights or assign its rights and obligations hereunder to any third party without the prior written consent of Carstats, provided that Carstats shall be entitled, at any time, to cede its rights or assign its rights and obligations hereunder to any third party without the prior consent of the User thereto.

    Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of  these Terms and Conditions.

    The headings of the clauses in these Terms and Conditions are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these Terms and Conditions nor any clause hereof. Unless a contrary intention clearly appears -
    1. words importing –
      1. any one gender include the other gender;
      2. the singular include the plural and vice versa;  and
      3. natural persons include created entities (corporate or unincorporate) and the state and vice versa;
    2. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –
      1.  “business day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
      2. Carstats” means Carstats SA (Proprietary) Limited (Registration Number [•]);
      3. copyright“ means all rights of copyright whether existing now or in the future in and to the Software including, without limitation, initial drawings, sketches, flow charts and designs and documentation relating thereto;
      4. "intellectual property" means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Carstats, including, without limiting the generality of the aforegoing, the trademarks, and Carstats’ rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, marks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not;
      5. Information” means information and content obtained from and/or made available by Carstats through the Website;
      6. parties” means, collectively Carstats and the User, and “party” shall refer to each of them, as the context requires;
      7. Products” means those products and services, as stipulated on the Website;
      8.  “User” means the any person that accesses the Website;
      9. Terms and Conditions” means these terms and conditions as amended and updated from time to time;
      10. the Website” means the website provided by Carstats located at the domain name;
      11. Zoopa” means the automotive information application developed, owned and/or distributed by Carstats, its affiliates or subsidiaries, and which the User may use in terms of the limited rights granted to the User in terms of these Terms and Conditions.
    3. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of these Terms and Conditions;
    4. when any number of days is prescribed in these Terms and Conditions, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
    5. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail;
    6. the use of any expression in these Terms and Conditions covering a process available under South African law such as a winding‑up (without limitation eiusdem generis) shall, if any of the parties to these Terms and Conditions is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such defined jurisdiction;
    7. where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this interpretation clause;
    8. the expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this;
    9. the rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the Terms and Conditions, shall not apply;
    10. No term or provision contained in these Terms and Conditions is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act No. 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with Carstats on this web site.