SAMAR
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Terms & Conditions

  1. Introduction
    These are the general terms of the relationship between
    •          you – the website visitor
    •          and us – SAMAR (Pty) Ltd (Registration number: 2015/251568/07) – the website owner.
    They cover any use of the website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.

  2. Definitions and interpretation
    1. Definitions. In the agreement:
      terms means the terms, consisting of:
      •          these terms of use; and
      •          any other relevant specific terms, policies, disclaimers, rules, and notices agreed to between the parties, (including any that may be applicable to a specific section or module of the website)
      we, us, or our means our organisation, the owner of the website and includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability
      you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor
    2. Interpretation. If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms, such as our terms of service, privacy policy, or security policy apply to specific sections of the website or have been specifically agreed between you and us.

  3. Use of this website
    1. Licence. We grant you a limited licence to use this website and access the Southern African Movable Asset Register (SAMAR) on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
    2. The purpose of your visit. You agree that your purpose for visiting the website and interacting with SAMAR is to:
      •          view the titleholder and owner information for a vehicle in order to verify ownership;
      •          title a vehicle so that you become the titleholder of that vehicle; or
      •          view the historical ownership of a vehicle.
    3. Your acknowledgments. You acknowledge that SAMAR stores a lot of personal data, and that this data is necessary in order to achieve the purposes for which you visit the website and interact with SAMAR. You further acknowledge that there are laws that apply to your use of the website, especially data protection laws, and that, as a result, you have a responsibility to protect the data and use it lawfully, regardless of whether another user uploaded it, or you did.
    4. Restrictions on your use of personal data. The following restrictions apply to personal data or any other data you access or upload on the website or SAMAR:
      •          You may not sell the data; and
      •          You may also not use the data in any way that these terms or the person who provided the data to you does not permit in writing.
    5. General restrictions. The following general restrictions apply to your use of the website or SAMAR, unless you have our written permission to do otherwise:
      •          You may not share your access credentials (such as a username and password) with any other user; and
      •          You may not transfer your right to use the website or SAMAR to anyone else,
    6. Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
    7. Framing and linking. You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so.
    8. Virtual agents. You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.
    9. Monitoring. You give us permission to monitor, for security and functionality purposes, how you use the website and SAMAR.
    10. Availability. We will do our best to make sure the website and SAMAR is available at all times however we cannot guarantee that they will always be available. We may make them unavailable for scheduled and emergency maintenance.

  4. Capacity
    You promise that you are entitled to visit this website and agree to the terms because you:
    •          are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
    •          are not 18 yet, but have permission from your parent (or legal guardian) to do so.

  5. Accurate information
    You promise that you will only give accurate information to us and this website.

  6. Intellectual property
    1. Ownership. Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
    2. Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
    3. Restrictions. Except as expressly permitted under the agreement, the website may not be:
      •          modified or used to make derivative works;
      •          rented, leased, loaned, sold or assigned;
      •          reverse engineered or copied; or
      •          reproduced or distributed.

  7. Limits to our liability
    1. Own risk. We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
    2. Indemnity. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
    3. Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
    4. Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
    5. Indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
    6. Other websites. We are not responsible for anyone else’s website.

  8. General
    1. Entire agreement. The terms are the entire agreement between the parties on the subject.
    2. Changes to website. We may change or stop publishing this website without notice and will not be responsible for any consequences.
    3. Changes to terms. We may change the terms at any time by placing a notice on this website or updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
    4. Facts about website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
    5. Waiver. We never waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
    6. Severability. Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
    7. Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.

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