Terms of Use
"user" a person who uses and/or access computer Software and/or material
via the First Car Rental website;
"First Car Rental" This Website, its sponsors, affiliates
and creators;
"Software" Including but not limited to any images or files incorporated in
or generated by the software or data accompanying such software;
"material" Including but not limited to: text, submissions, images, audio
and/or video in whole or in part;
"content" Included but not limited to software and material;c
"submissions" Including but not limited to notes, images, creative
materials, ideas, suggestions concepts, communication including any data, questions,
comments and other information submitted in
the First Car Rental site via transmission by electronic
mail or otherwise;
"forums" Including but not limited to bulletin boards, chatrooms and other
public areas found on the First Car Rental site;
introduction
In this agreement unless it appears to the contrary, the singular shall include the plural
and visa versa, any reference to any gender shall also includes the opposite gender and any
reference to a natural person, shall include legal person and visa versa.
trade mark / copyrights and restrictions on use
First Car Rental consists of content which is derived
entirely or in part from content supplied by
First Car Rental and other sources. The said contents are
protected under applicable South African Copyright and Trade Mark Laws, International Trade
Marks and Copyright Laws and conventions.
The user may not reproduce, duplicate, publish, modify, copy, download, upload in any
manner, post,
broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way
exploit any of the content, that being software and/or material; except in so far that the
user may download one copy of the content on any single computer for the user's personal,
non-commercial home use only; and provided that all propriety notices and restrictions
attached onto the content are kept intact, unless expressly permitted by the site, or unless
prior written consent from
First Car Rental has been
obtained. Requests for permission regarding any issue relating to the content which fall
into the ambit of the limitations stated above, can be made by contacting the
First Car Rental contact person listed.
The user is also strictly prohibited from creating works, and/or software materials derived
from or which are based on the contents found on this site. The prohibition applies
regardless of whether the content is sold, negotiated or given away and/or further alienated
in any manner whatsoever.
access and availability of service and links
First Car Rental contains links to other related world
wide web Internet sites. No inference can be made or representation implied that
First Car Rental is connected with, operates or controls
these linked web sites. Whether or not these linked sites are in fact affiliated with
First Car Rental,
First Car Rental is not responsible for the content on the
aforesaid sites. The links sites are for the user's convenience only and the user's access
to thereto is at the user's own risk. When visiting linked sites, the user must refer to
that linked site's individual terms of use and cannot rely on the terms of this agreement.
submissions / bulletin boards / forums / blogs / user generated content
Any submissions, shall be deemed to be and remain the exclusive property of
First Car Rental. The various forms of content, which are
found on the
First Car Rental site, shall be deemed to
remain the exclusive property of
First Car Rental.
First Car Rental has the right, but not the obligation to
monitor and review submissions submitted by users.
First Car Rental shall not be responsible for any of the
content of these messages.
First Car Rental further reserves the right to delete,
move or edit submissions that
First Car Rental, in its
exclusive discretion, deems abusive, defamatory, obscene or in violation of any Copyright or
Trademark laws or otherwise objectionable.
rules of conduct for the user
The user with the inclusion of but not the limitation of, agrees that they will not transmit
submissions to
First Car Rental that;
- Use any of the forums for illegal purposes;
- Are for purpose of spamming;
- Restrict or inhibit any other user from using and enjoying the forums;
- Are unlawful, threatening, abusive, defamatory, obscene, vulgar, profane
pornographic and/or allow for indecent information that constitutes a criminal
offence and/or gives rise to a civil liability claim or otherwise violates any
local, national or international law;
- Violate the Copyright, Trademark or other Intellectual property rights of any other
person by the submission of the content to
First Car Rental through the forums or other user
generated content avenues, which allow for such submissions. The user by the
transmission of content in any manner whatsoever, represents to
First Car Rental that they are the rightful owner
of such content transmitted or that the user has obtained permission from the
rightful owners to submit such content transmitted;
- Contain viruses or other harmful content;
- Are intended for commercial purposes, contain marketing or promotional materials or
are intended to solicit donations.
The user agrees that all submission become the exclusive property of
First Car Rental. The user agrees that they shall be
solely liable for any damage resulting from any infringement of Copyrights, Trademarks and
other proprietary rights or any other damages resulting from such a submission. The user
further indemnifies and holds
First Car Rental harmless
against all claims for any damages whatsoever arising from the use of
First Car Rental.
damages, warranty, indemnity
The user expressly agrees that the use of
First Car Rental
is at the users sole risk.
First Car Rental does not
guarantee or warrant;
- that First Car Rental will be uninterrupted;
- that First Car Rental will be fault free and that
the defects will be corrected;
- that the results that may be obtained from the use or application from information
gained from First Car Rental in so far as accuracy
and content of any such information is concerned;
- any merchandise provided through First Car Rental.
This site is provided "AS IS" and on an "IS AVAILABLE" basis, without any representation or
endorsement made and without warranty of any kind whether express or implied, including but
not limited to warranties of satisfactory quality, non- infringement, title, security and
compatibility.
The user acknowledges and confirms the
First Car Rental
indemnity to, including but not limited to, indirect, direct, incidental, special,
consequential or punitive damages arising from the use of or inability to use
First Car Rental. The user acknowledges that the
provisions of this paragraph shall apply to all the contents of
First Car Rental.
The disclaimer of liability applies to damages or injury, including but not limited to,
indirect, direct, incidental, special, consequential or punitive damages or any damages
whatsoever arising from use or loss of use of data or of profits, whether in breach of
contract, tortious action, negligence, or under
any other cause of action.
If any of the terms and conditions of this agreement should be deemed to be unlawful,
invalid or otherwise unenforceable by reason of the laws of any state or country in which
these terms and conditions are intended to be effective than to the extent only and within
the jurisdiction in which that term and condition is illegal, invalid or unenforceable, it
shall be severed and deleted from this agreement and the remaining terms and conditions
shall survive, remain in full force and effect and continue to be binding and enforceable.
general
This agreement, the terms, conditions and operating rules for
First Car Rental, constitute the entire agreement between
the parties with respect to the subject matter hereof. The agreement and the terms and
conditions shall be governed and construed in accordance with the laws of the
Republic of South Africa. Any dispute arising here from shall be exclusively subject to the
jurisdiction of the courts and/or Tribunals of the Republic of South Africa. The section
headings used herein are for convenience only and shall be of no legal consequence.
First Car Rental may at any time revise these terms and
conditions by updating the postings. The user is bound by such revisions and should
therefore periodically visit this agreement to review the then current terms and conditions
to which the user is bound.
First Car Rental shall have the exclusive right to at any
time change or discontinue any aspect or feature of
First Car Rental.
agreement to and termination of agreement
The use of or access to this site constitutes the user's acceptance of terms and conditions
hereof, which are binding on the user and take effect on a date which the user first makes
use of, or access to
First Car Rental.
If the user does not accept all the terms and conditions in full, the user must exit the
site immediately.
First Car Rental has the exclusive
discretion to terminate the agreement at any time.
After the user has exited the site as aforesaid the user must destroy all content, whether
materials or software, obtained from the site and all copies thereof.
In the event of the user failing to exit the site as aforesaid
First Car Rental has the right to claim any indirect,
direct, incidental, special or punitive damages caused to
First Car Rental from the user's unauthorized access
and/or use of
First Car Rental. The user further
indemnifies
First Car Rental against any claims for
damages of whatsoever nature caused to another party by the user's unauthorized use and/or
access of the sites.
