TERMS OF SERVICE
AGREEMENT TO OUR
LEGAL
TERMS
We are
Ten2drive
(
'Company', 'we',
'us', or
'our')
, a company registered in
South Africa
at 72
Victoria Road
,
Bloemfontein
,
Free State
9301
.
We operate the
website https://ten2drive.com/
(the
'Site'
),
the mobile application
Ten2drive (the
'App'
),
as well
as any other related products and services that refer or link to
these legal
terms (the
'Legal
Terms')
(collectively, the
'Services'
).
Ten2Drive is the leading organisation in providing
professional,
high
quality online booking and management service for driving school
industry in
South
Africa
Through Ten2Drive App/website, user can book a vehicle driving
lessons and
Practice
learners licence for FREE.
You can contact us by
phone at +27 65 500 9544,
whatsapp at +27 76 787 3744,
email at support@ten2drive.com
,
or by
mail to 13 President Steyn Ave, Westdene
,
Bloemfontein
, Free
State
9301
,
South Africa
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
'you'
), and
Ten2drive,
concerning your access to and use of the Services. You agree
that by accessing
the
Services, you have read, understood, and agreed to be bound by
all of these
Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY
PROHIBITED
FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
In App Notification
The
Services
are
intended
for
users
who are
at least
13
years of
age. All
users
who are
minors
in
the
jurisdiction
in
which
they
reside
(generally
under
the age
of 18)
must
have the
permission
of, and
be
directly
supervised
by,
their
parent
or
guardian
to
use the
Services.
If you
are a
minor,
you must
have
your
parent
or
guardian
read and
agree to
these
Legal
Terms
prior
to you
using
the
Services.
We recommend that
you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the
Services is not
intended for distribution to or use by any person or entity in
any jurisdiction
or
country where such distribution or use would be contrary to law
or regulation or
which
would subject us to any registration requirement within such
jurisdiction or
country.
Accordingly, those persons who choose to access the Services
from other
locations do so
on their own initiative and are solely responsible for
compliance with local
laws, if
and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY
RIGHTS
Our
intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code,
databases,
functionality,
software, website designs, audio, video, text, photographs, and
graphics in the
Services
(collectively, the 'Content'
), as well as the trademarks, service marks, and logos
contained therein
(the 'Marks'
).
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws)
and treaties in
the
United
States and around the world.
The Content and Marks are provided in or through the
Services 'AS IS'
for
your personal, non-commercial
use only.
Your use
of our
Services
Subject to your compliance with these
Legal Terms,
including
the '
PROHIBITED
ACTIVITIES
'
section
below, we
grant you a non-exclusive, non-transferable, revocable
licence to:
- access
the Services; and
- download or print a copy of any
portion of the
Content
to which you have properly gained access.
solely for your
personal, non-commercial use
.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may
be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited
for any commercial purpose whatsoever, without our express prior
written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our
Legal Terms,
please
address your request to:
support@ten2drive.com. If
we ever
grant you the permission to post, reproduce, or publicly display
any part of our
Services or Content, you must identify us as the owners or
licensors of the
Services,
Content, or Marks and ensure that any copyright or proprietary
notice appears or
is
visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our
Services will
terminate immediately.
Your submissions
Please review this section and the
'
PROHIBITED
ACTIVITIES
'
section
carefully
prior to using our Services to understand the (a) rights you
give us and (b)
obligations
you have when you post or upload any content through the
Services.
Submissions: By directly
sending us
any
question, comment, suggestion, idea, feedback, or other
information about the
Services (
'Submissions'),
you
agree to assign to us all intellectual property rights in such
Submission. You
agree
that we shall own this Submission and be entitled to its
unrestricted use and
dissemination for any lawful purpose, commercial or otherwise,
without
acknowledgment or
compensation to you.
You are responsible for what you
post or
upload: By sending us Submissions
through any part of the Services
you:
- confirm
that you have read and agree with our
'
PROHIBITED
ACTIVITIES
' and
will not
post, send, publish, upload, or transmit through the
Services any
Submission that is
illegal,
harassing, hateful,
harmful, defamatory, obscene, bullying, abusive,
discriminatory,
threatening to
any person or group, sexually explicit, false,
inaccurate, deceitful, or
misleading;
- to the
extent permissible by applicable law,
waive any
and all moral rights to any such Submission
;
- warrant
that any such Submission
are original to you or that you
have the
necessary rights and
licences to submit such
Submissions and that
you have full authority
to grant
us the above-mentioned rights in relation to your
Submissions;
and
- warrant
and represent that your Submissions do not constitute
confidential
information.
You are solely
responsible for your Submissions and
you expressly
agree to
reimburse us for any and all losses that we may suffer because of your
breach of (a)
this
section, (b) any third party’s intellectual property rights, or (c)
applicable law.
By using the Services, you represent and warrant
that:
(1)
all
registration information you submit
will be true, accurate, current, and
complete;
(2)
you
will
maintain the accuracy of such
information and promptly
update
such registration information as
necessary;
(3) you have the
legal capacity
and you
agree to comply with these Legal Terms;
(4)
you
are not
under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the
Services
; (6) you will not
access the
Services
through automated or non-human means, whether through a bot,
script or
otherwise; (7) you will not
use the Services
for any
illegal or unauthorised
purpose; and (8) your use of
the Services will
not
violate any applicable law or regulation.
If
you provide any information that is untrue,
inaccurate, not
current, or
incomplete, we have the right to suspend or
terminate your
account and
refuse any and all current or future use of the
Services (or any
portion
thereof).
You
may be required to register to
use the Services.
You
agree to keep your password
confidential and
will be
responsible for all use of your
account and
password. We
reserve the right to remove,
reclaim, or change
a
username you select if we
determine, in our sole
discretion, that such username
is inappropriate,
obscene, or otherwise
objectionable.
We accept the following forms of payment:
-
Visa
-
Mastercard
-
Cash
-
Instant EFT
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the
Services. You
further
agree to promptly update account and payment information,
including email
address,
payment method, and payment card expiration date, so that we can
complete your
transactions and contact you as needed. Sales tax will be added
to the price of
purchases as deemed required by us. We may change prices at any
time. All
payments shall
be in
South African Rands.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and
you authorise us
to
charge your chosen payment provider for any such amounts upon
placing your
order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have
already requested or
received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel
quantities
purchased per
person, per household, or per order. These restrictions may
include orders
placed by or
under the same customer account, the same payment method, and/or
orders that use
the
same billing or shipping address. We reserve the right to limit
or prohibit
orders that,
in our sole judgement
,
appear to be placed by dealers, resellers, or
distributors.
6.
POLICY
Please review our
Return
Policy posted on the Services prior to making any purchases.
You
may
not access or use the Services for any purpose other
than that for which
we make
the Services available. The Services may not be used in
connection with
any
commercial endeavours
except those that are specifically endorsed or
approved by
us.
As
a user of the Services, you
agree not to:
-
Systematically
retrieve data or other
content from the
Services
to create or compile,
directly or
indirectly, a
collection, compilation,
database, or
directory
without written
permission from
us.
-
Trick,
defraud,
or
mislead
us
and
other
users,
especially
in
any
attempt
to
learn
sensitive
account
information
such
as
user
passwords.
-
Circumvent,
disable,
or
otherwise
interfere
with
security-related
features
of
the
Services,
including
features
that
prevent
or
restrict
the
use
or
copying
of
any
Content
or
enforce
limitations
on
the
use
of
the
Services
and/or
the
Content
contained
therein.
-
Disparage,
tarnish,
or
otherwise
harm,
in
our
opinion,
us
and/or
the
Services.
-
Use
any
information
obtained
from
the
Services
in
order
to
harass,
abuse,
or
harm
another
person.
-
Make
improper
use
of
our
support
services
or
submit
false
reports
of
abuse
or
misconduct.
-
Use
the
Services
in
a
manner
inconsistent
with
any
applicable
laws
or
regulations.
-
Engage
in
unauthorised
framing
of
or
linking
to
the
Services.
-
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
viruses,
Trojan
horses,
or
other
material,
including
excessive
use
of
capital
letters
and
spamming
(continuous
posting
of
repetitive
text),
that
interferes
with
any
party’s
uninterrupted
use
and
enjoyment
of
the
Services
or
modifies,
impairs,
disrupts,
alters,
or
interferes
with
the
use,
features,
functions,
operation,
or
maintenance
of
the
Services.
-
Engage
in
any
automated
use
of
the
system,
such
as
using
scripts
to
send
comments
or
messages,
or
using
any
data
mining,
robots,
or
similar
data
gathering
and
extraction
tools.
-
Delete
the
copyright
or
other
proprietary
rights
notice
from
any
Content.
-
Attempt
to
impersonate
another
user
or
person
or
use
the
username
of
another
user.
-
Upload
or
transmit
(or
attempt
to
upload
or
to
transmit)
any
material
that
acts
as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
(
'gifs'
),
1×1
pixels,
web
bugs,
cookies,
or
other
similar
devices
(sometimes
referred
to
as
'spyware'
or
'passive
collection
mechanisms'
or
'pcms'
).
-
Interfere
with,
disrupt,
or
create
an
undue
burden
on
the
Services
or
the
networks
or
services
connected
to
the
Services.
-
Harass,
annoy,
intimidate,
or
threaten
any
of
our
employees
or
agents
engaged
in
providing
any
portion
of
the
Services
to
you.
-
Attempt
to
bypass
any
measures
of
the
Services
designed
to
prevent
or
restrict
access
to
the
Services,
or
any
portion
of
the
Services.
-
Copy
or
adapt
the
Services'
software,
including
but
not
limited
to
Flash,
PHP,
HTML,
JavaScript,
or
other
code.
-
Except
as
permitted
by
applicable
law,
decipher,
decompile,
disassemble,
or
reverse
engineer
any
of
the
software
comprising
or
in
any
way
making
up
a
part
of
the
Services.
-
Except
as
may
be
the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Services,
or
use
or
launch
any
unauthorised
script
or
other
software.
-
Use
a
buying
agent
or
purchasing
agent
to
make
purchases
on
the
Services.
-
Make
any
unauthorised
use
of
the
Services,
including
collecting
usernames
and/or
email
addresses
of
users
by
electronic
or
other
means
for
the
purpose
of
sending
unsolicited
email,
or
creating
user
accounts
by
automated
means
or
under
false
pretences
.
-
Use
the
Services
as
part
of
any
effort
to
compete
with
us
or
otherwise
use
the
Services
and/or
the
Content
for
any
revenue-generating
endeavour
or
commercial
enterprise.
-
Use the
Services to
advertise or
offer to sell goods and
services.
-
Sell or
otherwise transfer
your
profile.
-
Provide
false or damaging
information on
registration
8. USER
GENERATED
CONTRIBUTIONS
The
Services
does
not
offer
users
to
submit
or
post
content.
We
may
provide
you
with
the
opportunity
to
create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to
us
or
on
the
Services,
including
but
not
limited
to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or
other
material
(collectively,
'Contributions'
).
Contributions
may
be
viewable
by
other
users
of
the
Services
and
through
third-party
websites.
When
you
create
or
make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
- The
creation, distribution, transmission,
public display, or
performance, and the accessing,
downloading, or copying
of your
Contributions do not and will not
infringe the
proprietary
rights, including but not limited to the
copyright,
patent,
trademark, trade secret, or moral rights
of any third
party.
- You are
the
creator and owner of or have the
necessary
licences
, rights, consents,
releases,
and permissions to use and to
authorise
us, the
Services,
and other users of the Services to use
your
Contributions in any
manner contemplated by the Services and
these Legal
Terms.
- You have
the written consent, release, and/or
permission of each
and
every identifiable individual person in
your
Contributions to
use the name or likeness of each and
every such
identifiable
individual person to enable inclusion
and use of your
Contributions in any manner contemplated
by the Services
and
these Legal Terms.
- Your
Contributions are not false, inaccurate,
or
misleading.
- Your
Contributions are not unsolicited or
unauthorised
advertising,
promotional
materials, pyramid schemes, chain
letters, spam, mass
mailings,
or other forms of
solicitation.
- Your
Contributions are not obscene, lewd,
lascivious, filthy,
violent, harassing,
libellous
,
slanderous, or otherwise
objectionable (as determined by us).
- Your
Contributions do not ridicule, mock,
disparage,
intimidate, or
abuse anyone.
- Your
Contributions are not used to harass or
threaten (in the
legal
sense of those terms) any other person
and to promote
violence
against a specific person or class of
people.
- Your
Contributions do not violate any
applicable law,
regulation, or
rule.
- Your
Contributions do not violate the privacy
or publicity
rights of
any third party.
- Your
Contributions do not violate any
applicable law
concerning child
pornography, or otherwise intended to
protect the health
or
well-being of
minors.
- Your
Contributions do not include any
offensive comments that
are
connected to race, national origin,
gender, sexual
preference,
or physical
handicap.
- Your
Contributions do not otherwise violate,
or link to
material that
violates, any provision of these Legal
Terms, or any
applicable
law or regulation.
Any
use of the Services in violation
of the
foregoing
violates these Legal Terms and
may result in,
among
other things, termination or
suspension of your
rights
to use the Services.
You
and
Services agree that we may access, store, process, and
use any
information and
personal data that you provide and
your
choices (including settings).
By
submitting
suggestions or other feedback regarding the Services, you agree
that we can use
and
share such feedback for any purpose without compensation to you.
We
do
not
assert any ownership over your Contributions. You retain full
ownership of all
of your
Contributions and any intellectual property rights or other
proprietary rights
associated with your Contributions. We are not liable for any
statements or
representations in your Contributions provided by you in any
area on the
Services. You
are solely responsible for your Contributions to the Services
and you expressly
agree to
exonerate us from any and all responsibility and to refrain from
any legal
action
against us regarding your Contributions.
10.
GUIDELINES FOR REVIEWS
We
may
provide
you areas on the Services to leave reviews or ratings. When
posting a review,
you must
comply with the following criteria: (1) you should have
firsthand experience
with the
person/entity being reviewed; (2) your reviews should not
contain offensive
profanity,
or abusive, racist, offensive, or hateful language; (3) your
reviews should not
contain
discriminatory references based on religion, race, gender,
national origin, age,
marital
status, sexual orientation, or disability; (4) your reviews
should not contain
references to illegal activity; (5) you should not be affiliated
with
competitors if
posting negative reviews; (6) you should not make any
conclusions as to the
legality of
conduct; (7) you may not post any false or misleading
statements; and (8) you
may not
organise a
campaign
encouraging others to post reviews, whether positive or
negative.
We
may
accept, reject, or remove reviews in our sole
discretion. We have
absolutely no
obligation to screen reviews or to delete reviews, even
if anyone
considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and
do not
necessarily represent our opinions or the views of any
of our affiliates
or
partners. We do not assume liability for any review or
for any claims,
liabilities, or losses resulting from any review. By
posting a review,
you
hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free,
fully
paid, assignable, and sublicensable right and
licence to
reproduce, modify,
translate,
transmit by any means, display, perform, and/or
distribute all content
relating
to review.
11.
MOBILE APPLICATION LICENCE
Use Licence
If
you
access
the Services via the App, then we grant you a revocable,
non-exclusive,
non-transferable, limited right to install and use the App on
wireless
electronic
devices owned or controlled by you, and to access and use the
App on such
devices
strictly in accordance with the terms and conditions of this
mobile application
licence
contained in
these Legal Terms. You shall not: (1) except as permitted by
applicable law,
decompile,
reverse engineer, disassemble, attempt to derive the source code
of, or decrypt
the App;
(2) make any modification, adaptation, improvement, enhancement,
translation, or
derivative work from the App; (3) violate any applicable laws,
rules, or
regulations in
connection with your access or use of the App; (4) remove,
alter, or obscure any
proprietary notice (including any notice of copyright or
trademark) posted by us
or the
licensors of the App; (5) use the App for any revenue-generating
endeavour,
commercial enterprise, or other purpose for which it is not
designed or
intended; (6)
make the App available over a network or other environment
permitting access or
use by
multiple devices or users at the same time; (7) use the App for
creating a
product,
service, or software that is, directly or indirectly,
competitive with or in any
way a
substitute for the App; (8) use the App to send automated
queries to any website
or to
send any unsolicited commercial email; or (9) use any
proprietary information or
any of
our interfaces or our other intellectual property in the design,
development,
manufacture, licensing, or distribution of any applications,
accessories, or
devices for
use with the App.
Apple
and Android Devices
The
following
terms apply when you use the App obtained from either the Apple
Store or Google
Play
(each an 'App Distributor'
) to access the Services: (1) the
licence granted to you for our App
is limited to a
non-transferable licence
to use the application on a device that
utilises the Apple iOS or Android
operating
systems, as
applicable, and in accordance with the usage rules set forth in
the applicable
App
Distributor’s terms of service; (2) we are responsible for
providing any
maintenance and
support services with respect to the App as specified in the
terms and
conditions of
this mobile application
licence contained in these Legal
Terms or as otherwise
required under applicable law, and you acknowledge that each App
Distributor has
no
obligation whatsoever to furnish any maintenance and support
services with
respect to
the App; (3) in the event of any failure of the App to conform
to any applicable
warranty, you may notify the applicable App Distributor, and the
App
Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any,
paid for
the App, and to the maximum extent permitted by applicable law,
the App
Distributor will
have no other warranty obligation whatsoever with respect to the
App; (4) you
represent
and warrant that (i) you are not located in a country that is
subject to a US
government
embargo, or that has been designated by the US government as a
'terrorist supporting'
country and (ii) you are not listed on any US government
list of
prohibited or
restricted parties; (5) you must comply with applicable
third-party terms of
agreement
when using the App, e.g. if
you have a VoIP
application, then you must not be in violation of their wireless
data service
agreement
when using the App; and (6) you acknowledge and agree that the
App Distributors
are
third-party beneficiaries of the terms and conditions in this
mobile application
licence
contained in
these Legal Terms, and that each App Distributor will have the
right (and will
be deemed
to have accepted the right) to enforce the terms and conditions
in this mobile
application licence
contained in these Legal Terms against you as a third-party
beneficiary
thereof.
12. THIRD-PARTY
WEBSITES AND CONTENT
The
Services
may
contain (or you may be sent via the
Site or App) links to other websites
(
'Third-Party Websites') as well as
articles,
photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications,
software, and
other content or items belonging to or originating from third parties (
'Third-Party Content'
). Such
Third-Party Websites and
Third-Party Content are not
investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are
not
responsible for any Third-Party Websites accessed through the Services
or any Third-Party Content
posted on, available
through,
or installed from the Services, including the content, accuracy,
offensiveness,
opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content.
Inclusion of, linking
to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does
not
imply
approval or endorsement thereof by us. If you decide to leave the
Services and access
the Third-Party Websites or
to use or install
any Third-Party Content, you
do so at your
own risk,
and you should be aware these Legal Terms no longer govern. You should
review the
applicable
terms and policies, including privacy and data gathering practices, of
any website to
which you
navigate from the Services or relating to any applications you use or
install from the
Services.
Any purchases you make through Third-Party
Websites
will be through other websites and from other companies, and we take no
responsibility
whatsoever in relation to such purchases which are exclusively between
you and the
applicable
third party. You agree and acknowledge that we do not endorse the
products or services
offered
on Third-Party Websites and
you shall hold us
blameless from any harm caused by your purchase of such products or
services.
Additionally, you
shall hold us blameless from any losses sustained by you or harm caused
to you relating
to or
resulting in any way from any Third-Party
Content or
any contact with Third-Party
Websites.
13. SERVICES
MANAGEMENT
We
reserve the right, but
not the
obligation, to: (1) monitor the Services for violations of these Legal Terms;
(2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Legal Terms,
including
without limitation, reporting such user to law enforcement authorities; (3) in
our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or
disable (to the
extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole
discretion
and without limitation, notice, or liability, to remove from the Services or
otherwise disable
all files
and content that are excessive in size or are in any way burdensome to our
systems; and (5)
otherwise
manage the Services in a manner designed to protect our rights and property and
to facilitate
the proper
functioning of the Services.
14.
PRIVACY POLICY
We
care about
data
privacy and security. By using the Services, you agree to be bound by
our Privacy Policy
posted
on the Services, which is incorporated into these Legal Terms. Please be
advised the
Services
are hosted in
South Africa
. If you access the Services from any
other region of
the
world with laws or other requirements governing personal data
collection, use, or
disclosure
that differ from applicable laws in
South Africa
, then through your continued use of
the Services,
you are
transferring your data to
South Africa
, and you expressly consent to have
your data
transferred to
and processed in
South Africa
.
15. TERM
AND TERMINATION
These
Legal
Terms shall
remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER
PROVISION
OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE
OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP
ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF
ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY
APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR
SOLE
DISCRETION.
If
we terminate
or
suspend your account for any reason, you are prohibited from registering
and creating a
new
account under your name, a fake or borrowed name, or the name of any
third party, even
if you
may be acting on behalf of the third party. In addition to terminating
or suspending
your
account, we reserve the right to take appropriate legal action,
including without
limitation
pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the
right to
change, modify, or remove the contents of the Services at any time or
for any reason at
our sole
discretion without notice. However, we have no obligation to update any
information on
our
Services. We will not be liable to
you or any third
party for
any modification, price change, suspension, or discontinuance of the
Services.
We
cannot
guarantee the
Services will be available at all times. We may experience hardware,
software, or other
problems
or need to perform maintenance related to the Services, resulting in
interruptions,
delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or
otherwise
modify the Services at any time or for any reason without notice to you.
You agree that
we have
no liability whatsoever for any loss, damage, or inconvenience caused by
your inability
to
access or use the Services during any downtime or discontinuance of the
Services.
Nothing in
these Legal Terms will be construed to obligate us to maintain and
support the Services
or to
supply any corrections, updates, or releases in connection
therewith.
17. GOVERNING
LAW
These
Legal
Terms shall
be governed by and defined following the laws of
South Africa
. Ten2drive and yourself irrevocably
consent that the
courts
of
South Africa
shall have exclusive jurisdiction to resolve any dispute which
may arise in
connection
with these Legal Terms.
18. DISPUTE
RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
'Dispute' and collectively, the 'Disputes'
) brought by
either you
or us (individually, a 'Party' and
collectively, the
'Parties'), the Parties agree to first
attempt to
negotiate any
Dispute (except those Disputes expressly provided below) informally for
at least fifteen (15) days before initiating
arbitration. Such
informal
negotiations commence upon written notice from one Party to the other
Party.
Binding
Arbitration
Any
dispute
arising out of or in connection with these Legal Terms, including any question
regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the
International
Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the
part of
this clause. The number of arbitrators shall be five (5)
. The seat,
or legal
place, or arbitration shall be
Bloemfontein,
South Africa
. The language of the proceedings shall be English
. The
governing law
of these Legal Terms shall be substantive law of
South Africa
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilise
class action
procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative
capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations
and
Arbitration
The Parties agree that the following Disputes
are not subject
to the
above provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking
to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a
Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy,
or unauthorised
use; and (c)
any claim
for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither
Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be
illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the
courts
listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of
that
court.
19. CORRECTIONS
There
may be
information on the Services that contains typographical errors, inaccuracies, or
omissions,
including
descriptions, pricing, availability, and various other information. We reserve
the right to
correct any
errors, inaccuracies, or omissions and to change or update the information on
the Services at
any time,
without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST
EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO
WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE
CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL
ASSUME NO
LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS
TO AND
USE OF THE SERVICES, (3) ANY
UNAUTHORISED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION
OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES,
OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6)
ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND
INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE
VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY
PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED
WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE
WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR
SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
21. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR
ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE
DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM
YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand, including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) use of the
Services; (2) breach
of these Legal Terms;
(3) any breach of
your
representations and
warranties set forth in these Legal Terms; (4)
your violation
of the rights of
a third
party, including but not limited to intellectual property
rights; or (5) any
overt harmful act toward any
other
user of the Services with whom you connected via the Services.
Notwithstanding
the
foregoing, we reserve the right, at your expense, to assume the
exclusive defence and
control
of any matter for which you are required to indemnify us, and
you agree to
cooperate, at
your expense, with our
defence of such claims. We will
use reasonable efforts
to
notify you of any such claim, action, or proceeding which is
subject to this
indemnification upon becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services.
Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or
that
relates to any activity you have undertaken using the Services. You
agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from
any such
loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to
receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other
communications we provide to you electronically, via email and on the
Services, satisfy
any
legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY
OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE
SERVICES.
You hereby waive any rights or requirements under any statutes,
regulations, rules,
ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or
retention
of non-electronic records, or to payments or the granting of credits by
any means other
than
electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire
agreement and
understanding between you and us. Our failure to exercise or enforce any
right or
provision of
these Legal Terms shall not operate as a waiver of such right or
provision. These Legal
Terms
operate to the fullest extent permissible by law. We may assign any or
all of our rights
and
obligations to others at any time. We shall not be responsible or liable
for any loss,
damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any
provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or
unenforceable,
that provision or part of the provision is deemed severable from these
Legal Terms and
does not
affect the validity and enforceability of any remaining provisions.
There is no joint
venture,
partnership, employment or agency relationship created between you and
us as a result of
these
Legal Terms or use of the Services. You agree that these Legal Terms
will not be
construed
against us by virtue of having drafted them. You hereby waive any and
all defences
you may
have based
on the electronic form of these Legal Terms and the lack of signing by
the parties
hereto to
execute these Legal Terms.
26. ALLLOCATION OF
VEHICLES FOR
DRIVING
LESSONS
Ten2drive reserves the
right to offer a
qualifying
vehicle to a user in accordance of the service they paid for.
In situation where a vehicle is not available or is booked twice
for the driving
test or
driving lesson, an alternative vehicle will be provided to the
client.
In cases where Ten2drive is unable to provide a vehicle, a user
will refunded
all their
vehicle hire fees except in situation where a vehicle was
provided for free to a
client.
A user will be liable for any damage coursed to the vehicle if:
- User was not acting on the instruction of the instructor at
the time of the
accident.
-User took control of the vehicle without any permission from
Ten2drive or its
registered instructor.
- User was not acting on the instruction of the traffic officer
during drivers
license
test proceedings.
27.
COMMINUCATIONS
A user is required to
communicate any
request for
changes, amendment or additions to their services with Ten2drive
through
Ten2drive admin
cell phone number or WhatsApp platform.
Ten2drive will not take any responsibilities for any
communicated that happened
in
absence of registered ten2drive admin cellphone number or
WhatsApp.
28.
REFUND POLICY
Ten2drive does not issue or process
any refunds under any circumstances.
29. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact us
at:
Ten2drive
13 Presdient Steyn Ave, Westdene
Bloemfontein
, Free State
9301
South Africa
Phone: +27 64
500 9544
Whatsapp: +27 76
787 3744
support@ten2drive.com