Terms and conditions

5DayDeals

All policies, including our Privacy Policy are considered part of these terms and conditions.

By using this Website you warrant that you are 18 (eighteen) years or older or possess the necessary consent to agree to all these terms and conditions.

By engaging with this Website you confirm you have read and accepted all the polices applicable to this Website.  If you do not agree to be bound by this Agreement, do not use or engage the Website.

1. Definitions
   1. "Account" shall mean the Dealer account with usernames and passwords that a Dealer set up when registering on the Website. The Account allows the Dealer access to our online system available on the Website and makes available the unique services offered by us to the Dealer.
   2. "Buyer" shall mean any person acting in their personal capacity or on behalf of another and utilising the services on the Website for purposes of purchasing a motor vehicle, expressing an interest to purchase a motor vehicle or requesting further information regarding an advertised motor vehicle.
   3. "Dealer or Dealers" shall mean any person or entity which regularly or in the ordinary course of their business trades in the buying and selling of motor vehicles and holds a valid 5DayDeals subscription.
   4. "Subscription fee" shall mean the monthly fee payable by a Dealer to us. Subscription fees are payable monthly in advance via the payment method selected by the Dealer when registering as a Dealer on the 5DayDeals Website. We reserve the right to adjust subscription fees upon one month's notice.
   5. "We, us or our" shall mean 5DayDeals (Pty) Ltd Reg No. 2017/179543/07, its subsidiaries and all the businesses operated therein, which shall include but not be limited to 5DayDeals, StockHaven and CoverMe.
   6. "Website" shall mean this website, including all its subdomains.
   7. "User" shall mean a Buyer, Dealer, or any other party who may be using the Website at any given time.

2. Website Use and Charges
   1. The Website is an advertising portal that allows Dealers to advertise motor vehicles for sale and Buyers to express interest in the motor vehicles so advertised, thereby creating a marketplace in which Buyers can meet Dealers. For Users, who are neither Dealers nor Buyers, the Website merely serves as a source of information.
   2. Only Dealers whose Subscription fee is paid up to date and have an active Account may list advertisements on the Website.
   3. A Dealer may not list multiple advertisements for the same motor vehicle on the Website.
   4. Dealers must ensure the information in advertisements are up to date and accurate.
   5. We have sole discretion as to where any advertisement shall be placed within the index of listings on the Website.
   6. A Dealer may list one 5-Day Special Deal advertisement at any given time. The 5-Day Special Deal advertisement will run for a period of no longer than five consecutive days, starting from the day on which the 5-Day Deal Special advertisement appears on the Website.
   7. We reserve the right to change the pricing applicable to Users of this Website. Any change in pricing will be communicated to Users prior to such change. Users can request updated pricing from us using our contact details available on the Website.

3. Right of to Limit Use
   1. We reserve the right, at our discretion to not publish, upload and/or remove an advertisement if we consider such to be improper, fraudulent, in breach of these terms and conditions or otherwise not in good faith.
   2. We also reserve the right at our discretion to restrict a User's access or usage of the Website either temporarily, permanently or to refuse a User's registration.

4. Warranties and undertakings
   1. Users will not upload any false, misleading, defamatory or any other content which may damage another's computing devices or software or which is intended to or would result in the commission of a criminal offence or the violation of any law.
   2. Dealers warrant that they own or are licenced to use and post all intellectual property contained in the advertisements they post on the Website. Dealers indemnify us from and against any claims by third parties arising from Dealer's Advertisement, including any breach of intellectual property rights any third party may bring against us in relation to a Dealer's advertisement.
   3. Users will not use the Dealers' contact details available on this Website for any reason other than to make a legitimate enquiry relating to the purchase of a motor vehicle advertised by such Dealer.
   4. We make no warranties in connection with the Website relating to the accuracy of the information or the volume of potential Users.
   5. The information on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held liable for any previously existing representations, terms, conditions or other information subsequently altered on the Website. Nor do we accept responsibility for keeping the information and content on the Website up to date.
   6. Excluding the express warranties contained in this Agreement, the Website is provided voetstoots i.e. as is and Users engage therewith at their own risk.All implied warranties are excluded in so far as permitted by law.

5. Intellectual Property
   1. All Intellectual property relating to the Website, including any trademarks or logos used on the Website, copyright in any content and rights in any data contained on the Website are owned by us. This excludes marks, names or logos identifying third parties.
   2. Upon posting an advertisement, User's grant us the right to use the intellectual property in and the content thereof at no charge to us. We shall have the right to adapt, display, copy, modify, use, reproduce, commercialise, prepare derivative works and publish all such advertorial content for any use in our discretion.
   3. Except as expressly permitted by these terms and conditions, you may not copy, reproduce redistribute, republish, transmit, display, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties, nor mirror or frame any of the content of the Website, nor incorporate it into another website or authorise or procure any other person to do so, without our express written permission.

6. Disclaimer
   1. The information on the Website is for informational purposes only and does not constitute advice. Users are encouraged to verify all information with the relevant Dealer.
   2. The Website presents advertorial content and information submitted by Dealers. We will not be held liable for any illegality or damages arising from any error, inaccuracy or omission in such content or information.
   3. We shall not be liable for any loss or damage suffered by a User as a result of any delay, interruption or other problem encountered while using the internet or any other system which is beyond our reasonable control.
   4. We make no warranty that the Website is free from viruses or any other malicious computer programs. Users are responsible for ensuring they use appropriate virus checking software. We shall not be liable for any damages to or viruses that may infect Users' computer equipment or other property on account of accessing, using, browsing or downloading material from the Website.
   5. No user will have any claim against us in the event of the commission of fraud or any other crime which may arise in respect of an advertisement posted on the Website.
   6. Users agree and understand that we shall not be liable for any loss or damage suffered in connection with a User's improper use or conduct in connection to the Website, including any breach by a User of these terms and conditions or any applicable law.
   7. We will not be responsible to a User for any business losses it may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption.
   8. We may need to carry out routine maintenance and service of the Website and our equipment from time to time. Although we aim to keep disruptions to a minimum, we cannot guarantee the Website will be available at all times. We will not be held liable for any damages or loss a User may suffer as a result of the Website being down from time to time.

7. Electronic transactions, communications, and records
   1. When you communicate through our Website or by other electronic means, you accept the risks inherent in electronic communication in whatever form.
   2. Users consent to us and other users acting on the information communicated to us electronically. Users are responsible for ensuring that the information sent to us is both correct and received by us.
   3. Any email communication sent to you will be regarded for the purposes of this Agreement to have been received by you when it enters an information system outside of our control.

8. Personal Information
   1. We collect, store and use personal information collected from Users. For further details of how we collect and use personal information, as well as how you can access or correct the personal information we hold about you, please read our Privacy Policy.
   2. Where a Dealer makes use of the CRM system available through our Website, the Dealer's customers or prospective buyers will be the data subjects as defined in the Protection of Personal Information Act No. 4 of 2013. In such instances the Dealer will be the data controller and we will be the data processor. The onus will be on Dealers to ensure they have all the necessary consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of this Agreement.
   3. When a User has expressed an interest in an advertisement, requested further information or to be contacted by a Dealer, we will share the User's contact information with the relevant Dealer. Where we share personal information of a data subject with a User, the User agrees to only process the data in accordance prevailing privacy regulations.
   4. When we send a Dealer a User's information as part of the agreement between us and the User, it is the Dealer's obligation to contact the relevant User regarding the vehicle or service in respect of which the User has expressed an interest.

9. Links
   1. Where this Website is linked to any website operated by any third party, we accept no liability arising in respect of any content, information or transaction on or carried out on such third-party website. Reference to or a link to this Website on a third-party website shall not be deemed to be a recommendation or endorsement of such website by us. Dealings between Users and third-party websites are solely between Users and the applicable third party.
   2. No one may use any link to this Website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and us and/or our Website.
   3. No link shall portray us, the Website or our products or services in a false, misleading, derogatory or otherwise negative manner. We reserve the right to withdraw permission to use links to this Website at any time.

10. General
    1. Dealers may not sell or grant access to their Account to any person or entity outside of their Dealership.
    2. We do not conduct an inspection, roadworthy or safety check of the vehicles listed on the Website. Therefore we recommend Users make every effort to check and verify all information regarding the motor vehicle before purchasing it.
    3. All rights and remedies available in terms of this Agreement are in addition to any other rights or remedies which may be available to party in terms of law.
    4. Where a User has rights in terms of any law, the application thereof shall be limited to the minimum time allowed in accordance with such legislation.
    5. These terms and conditions and all the policies incorporated herein constitute the entire agreement between Users and us. Users acknowledge and agree that they have not relied on any representations by us in entering this Agreement, except those contained in these terms and conditions.
    6. All legal proceedings arising in relation to these terms and conditions shall be litigated in a court falling within the Republic of South Africa.
    7. If any provisions of these terms and conditions are unenforceable, it shall be severable from the other terms and the remaining terms and conditions shall remain in full force and effect.

11. Domicilium Citandi et Executandi
    1. Ourselves and the Dealers choose as our domicilium citandi et executandi for purposes of legal proceedings and for purposes of giving or sending any notice in terms of the Agreement as indicated below:
    1. 5DayDeals (Pty) Ltd Reg No.: 2017/179543/07
       Physical Address: 11 Berkley Road, Maitland, Cape Town 7404
    2. Dealers - the address they provided when registering on the Website.
    2. Parties may change their domicilium citandi et executandi at any time to another physical address, by giving 7 days written notice of such change to the other party.

12. Variation or Changes
    1. We reserve the right to change these terms and conditions at any time. Therefore Users should regularly check the terms and conditions. Changes will be effective immediately and your continued use of the Website will indicate your acceptance of such change.