Terms & Conditions for the 4x424.com network

Agreement between User and 4x424.com
The websites of 4x424.com, 4x424.co.za, include but are not limited to 4x424.com and 4x424.co.za.
Websites that utilize the 4x424.com search engine or any search engine provided by any other network site (including but not limited to www.4x424.com) are also covered by these terms and conditions in relation to any components provided or hosted by 4x424.com - for example: Dealer Websites. These websites are offered to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

Personal and Non-commercial Use Limitation
These websites are for your personal and non-commercial use only. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these websites without obtaining prior written approval of 4x424.com.

You may not use any part of the material on the websites of 4x424.com to establish, promote, maintain or provide, or assist in establishing, promoting, maintaining or providing your own publications, Internet site or other means of distribution without obtaining prior written approval from 4x424.com.

Copyright and Trademark Notices:
All contents of these websites are: Copyright 4x424.com 2001-2006 and/or its suppliers. All rights reserved.

No Automated Querying
You may not use any automated processes of any sort to query, access or copy content presented on the websites operated by 4x424.com without obtaining written approval in advance.

Not to Provide Inaccurate or Deceptive Information
As a condition of your use of these websites, you agree that you will not provide inaccurate or deceptive information when completing forms provided to enable you to enquire about goods or services.

4x424.com reserves the right to monitor email enquiries.

Registered Trademarks
4x424, 24 Assist, 24 Tuys, 4x424 Finance, and other names of 4x424’s product and/or services referenced herein are trademarks or registered trademarks of 4x424.com. Other product and company names mentioned herein may be the trademarks of their respective owners.

Source: External
Certain information is derived from external sources including but not limited to various South African Motor Dealerships and Manufactures, Automotive data services, Quickpic.co.za. Whilst all possible care and attention to detail is taken, neither the Dealership, Manufacturer, Automotive data services Quickpic.co.za or 4x424.com warrant the accuracy of the data or accept any liability for inaccuracies or omissions in same.

Please note that the prices of vehicles displayed on 4x424.com may change without prior notice by the manufacturer, unless otherwise stated.

 
Liability Disclaimer
The information, software, products, and services published on any 4x424.com website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. 4x424.com and/or its respective suppliers may make improvements and/or changes to these websites at any time.

4x424.com and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained in these websites for any purpose. All such information, software, products and services are provided "as is" without warranty of any kind.
4x424.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall 4x424.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of these websites or with the delay or inability to use these websites, or for any information, software, products, and services obtained through these websites, or otherwise arising out of the use of these websites, whether based on contract, tort, strict liability or otherwise, even if 4x424.com or any of its suppliers has been advised of the possibility of damages. Because some provinces/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

No Unlawful or Prohibited Use
As a condition of your use of these websites, you warrant to 4x424.com that you will not use these websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to Third Party Sites
These websites may contain hyperlinks to websites operated by parties other than 4x424.com. Such hyperlinks are provided for your reference only. 4x424.com does not control such websites, and is not responsible for their contents. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Use of Bulletin Board, Chat Rooms, and Other Communications Forums
If any 4x424.com website contains bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
 

• Threaten, defame, abuse, harass, stalk or otherwise violate the legal rights, such as rights or privacy and publicity, of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws, or by rights of privacy of publicity, unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in the file that is uploaded.
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contents, or chain letters.
• Download any file posted by another user of a forum that you know, or reasonable should know, cannot be legally distributed in such a manner.  

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by 4x424.com, and such communications shall not be considered reviewed, screened, or approved by 4x424.com. 4x424.com reserves the right for any reason to remove without notice, any contents of the Forums received from users, including without limitation bulletin board postings. 4x424.com reserves the right to deny in its sole discretion any user access to its websites or any portion thereof without notice.

Software Available on 4x424.com’s Website
Any software that is made available to download from these websites ("Software") is the copyrighted work of 4x424.com and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, 4x424.com hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions, and for no other purpose.

Please note that all Software, including without limitation all HTML code and ActiveX controls contained in these websites, is owned by 4x424.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations South Africa. You agree not export or re-export the Software, directly or indirectly, to any countries that are subject to South African export restrictions.

Competitions
From time to time 4x424.com may run competitions in connection with surveys, newsletters or other promotions. By entering a 4x424.com competition, the entrant agrees to the Competition Terms & Conditions. Click here to view our Competition Terms & Conditions.

Specific terms relating to advertisers (points 1-14)
These specific Terms of Use for all 4x424.com websites are in addition to the general terms of Use governing the use of the 4x424 network its partners and suppliers (including but not limited to 4x424.com, 4x424.co.za).

1. What is the effect of this agreement?
This agreement applies to the publication by 4x424.com of advertisements submitted by the person named and described in the advertisement order form (the "advertiser"). These advertisements will be placed on a 4x424.com website (a "site") once received and approved by 4x424.com website operations.

2. Placing a private advertisement on the 4x424.com network:
To validly place a private advertisement, the advertiser must:
a. Be a private advertiser;
b. Complete and submit to 4x424.com an order for the advertisement; and
c. Upon submission of the advertisement order form pay the full prescribed fee, if applicable.

3. Completing an advertisement order form for publication on 4x424.com network:
The Advertiser must:
a. Provide all information required by 4x424.com (including photographs where necessary) in the format requested by 4x424.com from time to time;
b. Comply with 4x424.com advertising policy as most recently prescribed; and
c. Obtain permission from the owner of copyright in any third party material incorporated into the advertisement.
Notwithstanding anything herein, 4x424.com, will have absolute editorial control in relation to the advertisements, including position and placement of the advertisement.

4. What the advertiser must not do
The Advertiser must not submit for publication on a site, any advertisement which:
a. Does not comply with all relevant laws, common law or regulations (including relevant industry regulations, standards of practice or codes of conduct);
b. Infringes the intellectual property rights of any person;
c. Is obscene, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years;
d. Comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
e. Is misleading or deceptive or likely to mislead or deceive; or
f. Which comprises anything which may adversely reflect 4x424.com.

5. Publication of advertisements within a site
a. 4x424.com will not be bound to publish any advertisement submitted by you until 4x424.com website operations accepts your order. Acceptance of an order is manifested in publication of the advertisement.
b. 4x424.com may publish or procure the publication of your advertisements by placing the advertisement on a sites private classifieds listing. From time to time, 4x424.com may additionally choose to publish the advertisement on more than one internet site and within other media as deemed appropriate by and with the absolute discretion of 4x424.com.
c. 4x424.com retains the right to refuse to publish any advertisement if:
i. The Advertiser is in breach of any term of this agreement; and/or
ii. In the absolute opinion of 4x424.com, the publication of the advertisement is not in the interest of a site.
iii. The advertisement contains a 'link' to another site.

6. Notwithstanding anything herein, the advertiser acknowledges and agrees that:
a. While every endeavor will be made to publish advertisements as ordered and accepted, 4x424.com will not be liable for misplacement, amendment or omissions or failure to publish an advertisement in the form ordered for any reason, including action or omissions on the part of 4x424.com, its employees or agents;
b. 4x424.com may refuse or withdraw any advertisement from publication at its own discretion without notice at any time.

7. Cancellation of advertisements?
a. Once an order has been placed and confirmed by the Advertiser, cancellation of the order can not be accepted.
b. Although the order can not be cancelled, provision is made for the discontinuation of the publication of your advertisement such discontinuation is at the complete discretion of 4x424.com.

8. Copyright in advertisement
You hereby assign to 4x424.com all intellectual property rights in the advertisement.

9. Payment?
a. Subject to the provisions of this agreement you must pay the advertising fee in South African Rands at the rate and in the manner specified in the order.
b. For the avoidance of doubt you will have to pay the fee where:
i. The advertisement is not published due to a breach of this agreement by you;
ii. The advertisement is not published due to your failure to provide sufficient information to 4x424.com

10. Items already sold via a 4x424.com website and placed in a magazine for sale:
a. In the event that the Advertiser places an order for an advertisement on a site and places an order for an additional advertisement in any other publication (including but not limited to 4x424 Magazine): and the Advertiser sells the item advertised on a site before the selected advertisement is due to be printed in any other publication, the publisher of the selected publication has the right not to place the advertisement in the selected publication(s), on the basis that the item has already been sold;
b. In such an event a refund or part monetary refund is not permitted.

11. The advertiser indemnifies 4x424.com.
The advertiser releases and indemnifies 4x424.com, its employees and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against 4x424.com arising out of:
a. A breach of this agreement by the advertiser;
b. Any willful, unlawful or negligent act by the advertiser;
c. The publication by 4x424.com or any other person of the advertisement or any material supplied by the advertiser.

12. 4x424.com limits its liability.
Except as otherwise stated in this agreement, 4x424.com will be under no liability to the advertiser in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this agreement or in respect of any failure or omission on the part of a site to comply with its obligations under this agreement or any negligent act or omission of 4x424.com.

13. This agreement constitutes the whole agreement.
a. This document, the order and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.
b. To the extent that any warranties are implied by law, are not capable of being excluded or modified, the total liability of 4x424.com, its employees and agents for breach of such warranties is limited to one or the other of the following at the option of 4x424.com:
i. The supplying of the services again; or
ii. Payment of the costs of having the services supplied again.

14. What law governs this agreement?
This agreement is governed by and construed in accordance with the laws of the province of the Western Cape and the parties irrevocably submit to the exclusive jurisdiction of the courts in that province.

Miscellaneous
4x424.com relies on your continued observance of these Terms of Use. If 4x424.com suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify 4x424.com for those losses, damages and costs.

Modification of These Terms and Conditions
4x424.com reserves the right to change the terms, conditions, and notices under which these websites are offered.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and 4x424.com as a result of this agreement or use of these websites.

Any rights not expressly granted herein are reserved.

In addition to the general terms and conditions, 4x424.com reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason. Freeform description fields on this site constitute 'Forums' as described in the terms above, and their use is subject to the same conditions. For details of 4x424.com’s privacy policy please read our privacy statement.

4x424.com has its registered office at 18 Saldanha Road, Vredenburg, Western Cape, PO Box 332 Paternoster, Western Cape, 7381. General correspondence should be directed via the contact form. Complaints may be forwarded via our complaints form.