A. Intellectual property (including copyright and trademarks in the materials and Services) other than those belonging to any person, organisation, company or group displaying, listing or advertising in the Services are owned by Parts Technology Africa or its partners or affiliates (unless otherwise indicated) and you agree not to infringe on any intellectual property rights owned by Parts Technology Africa or anyone else.
B. Nothing contained in the Services (including granting you access to the Services) should be construed as granting any license or right to use any intellectual property displayed in the Services without the express written consent of Parts Technology Africa.
Use of Information in the Services
A. Information contained in the Services is for your personal use only and
may not be sold, redistributed or used for any commercial purpose (other than to
correct or add information contained in the Services) including, but not limited
to, the use of any business contact details for unsolicited commercial correspondence
or the creation of customer lists. Any commercial use of this information requires
the written consent of Parts Technology Africa. You may download material from the Services for
your personal, non-commercial use only, provided you keep intact all copyright and
other proprietary notices.
B. You may not modify, copy, reproduce, republish, upload, post, data-mine,
scrape, transmit or distribute in any way any material from Parts Technology Africa or the Services
including code and software. You must not use the Services for any purpose that
Security, Access & Accuracy of Information
A. While Parts Technology Africa takes all reasonable efforts to ensure the protection,
privacy and integrity of any information you may provide, no data transmission over
the internet is totally secure and the possibility exists that this information
could be unlawfully used or observed by a third party while in transit over the
internet or while stored on Parts Technology Africa's systems or in the Services. To the extent
permitted by law, Parts Technology Africa disclaims all liability to you under the law should this
B. .As part of the Services, Parts Technology Africa may respond to user requests or provide
information (such as business information requested by users) to users, by any of
the following means:
i. Verbally; ii. Connecting a user directly to a business via telephone; iii. By sending an SMS message to the user; iv. By email;or v. Over the internet, mobile phone application or other technological device.
C. Parts Technology Africa cannot give you any guarantee of the accuracy of any business
information or entity contained in the Services, including but not limited to the
availability of any special offer set out in any listing.
D. You are responsible for obtaining all necessary equipment and services
equipment required to access and use the services.
A. Parts Technology Africa will collect and use any information in accordance with its Privacy
Policy and users of the Services consent to the collection and use of information
in accordance with this policy.
B. You may gain access to your information by emailing the Parts Technology Africa Privacy
Officer at email@example.com
Links to other Websites, Business and Services
A. In your use of the Services, you may access content from third parties
("Third Party Content") via links to other websites or other forms of contact such
as by telephone. Parts Technology Africa does not control Third Party Content and makes no representations
or warranties about it. Parts Technology Africa does not accept any liability for the reliability,
completeness or accuracy of any Third Party Content or for the privacy practices
of the Providers of Third Party Content. You agree that by using the Services, you
may be exposed to Third Party Content that could be false, offensive, indecent or
otherwise objectionable. Under no circumstances will Parts Technology Africa be liable in any way
for any Third Party Content, including, without limitation, any errors or omissions
in any Third Party Content or any loss or damage of any kind incurred as a result
of the use of any Third Party Content posted, stored or transmitted via our Service.
You agree that you must evaluate, and bear all risks associated with, Third Party
Content. Parts Technology Africa reserves the exclusive right in its sole discretion to add, decline
or remove, without warning, any content, icon, link or other connection to Third
B. By using Parts Technology Africa or the Services, you do not receive any ownership rights
in the Third Party Content. You may not use, access or allow others to use or access
the Third Party Content in any manner not permitted under the Terms, unless you
have been specifically permitted to do so by Parts Technology Africa or by the owner of that Third
Party Content, in a separate agreement.
C. Accessing Third Party Content from the Services should not be construed
as granting any right or license to use Third Party Content.
the laws of Kenya. You irrevocably and unconditionally submit to the exclusive
jurisdiction of the Courts of Kenya and waive any objection to legal action being
brought in those Courts on the grounds of venue or inconvenient forum.
B. The invalidity or unenforceability of any
of these Terms, all of which will remain in full force and effect.
C. Any notice to Parts Technology Africa must be sent
by an email to firstname.lastname@example.org
D. Any dispute or difference arising
between the Parties with regard to this Agreement shall be first settled by negotiation.
Should such negotiations fail, either Party shall refer the dispute to arbitration.
Arbitration shall be in accordance with the provisions of the Kenya Arbitration
A. .For any submission of content that you make, you warrant that you own
or otherwise have all rights necessary to license the content you submit and that
the posting and use of your content by us will not infringe or violate any law or
the rights of any third party. You further agree to indemnify and hold harmless
Parts Technology Africa against any and all claims, damages, legal fees and any other cost that
may be incurred by Parts Technology Africa as a result of breaching this warranty.
B.By submitting any content to our Services, you hereby grant us a perpetual,
worldwide, non-exclusive, royalty-free right and license to use, reproduce, display,
perform, adapt, modify, distribute, have distributed and promote such content in
any form, in all media now known or hereinafter created, anywhere in the world,
and for any purpose including the waiver of any rights in your contribution.
C. Any content submitted to our Services may also be provided to or located
at third party computers' servers, websites or services.
D. You are solely responsible for any content that you submit post or transmit
via or to our Services.
E. You agree not to post or submit anything to the services that:
1. May contain any computer viruses, viruses or other types of harmful code
including anything that compromises the security of the Services or may interfere,
disrupt, damage or destroy any information, files or devices that belong to Parts Technology Africa;
2. may denigrate any ethnic, racial, sexual or religious group by stereotypical
depiction or otherwise;
3. contains sexually explicit content;
4. is defamatory;
5. makes use of offensive language or images; or
6. Characterizes violence as acceptable, glamorous or desirable.
F. Parts Technology Africa has no obligation to post any content that you or anyone else
submits. In addition, Parts Technology Africa may, in its sole and unfettered discretion, edit,
remove or delete any content that you post or submit.
A. You agree that all content and
materials available on the Services is protected by rights of publicity,
copyright, trademarks, service marks, patents, trade secrets or other
proprietary rights and laws. Except as expressly authorized by us, you
agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from materials or content available on our
Services. Notwithstanding the above, you may use the content and
materials on our Site in the course of your normal, personal,
non-commercial use of our Services.
B. You agree not to systematically
retrieve data, including but not limited to addresses and phone numbers
of businesses, or other content or any materials from our Services to
create or compile, directly or indirectly, a collection, compilation,
database, directory or the like, whether by manual methods, through the
use of "bots" or otherwise. You agree not to use of any of our
trademarks as metatags on other web sites. You agree not to display any
of our Services in a frame (or any of our content via in-line links)
without our express written permission, which may be requested by
contacting us at email@example.com You may, however, establish
ordinary links to the homepage of our Site without our written
Discontinuity of Service
A. Parts Technology Africa reserves the right at any time to
modify or discontinue, temporarily or permanently, any and/or all portion of our
Services with or without prior notice. You agree that Parts Technology Africa will not be liable
to you or to any third party for any modification or discontinuance of our Services.
Representations and Warranties
A. You hereby represent and warrant to us that:
you have the full power and authority to enter into agreements and
perform acts under these Terms.
ii. your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party. and
you will comply with all applicable laws in using our Services and in
engaging in all other activities arising from, relating to or connected
with these Terms, including, without limitation, contacting other users
of the Services.
Disclaimer of Warranties
You hereby agree that:
A. If you use our Services, you do so at your
own and sole risk. Our Service is provided on an "as is" and "as available" basis.
Parts Technology Africa expressly disclaims all warranties of any kind, whether express or implied,
including, without limitation, implied warranties of merchantability, fitness for
a particular purpose and non-infringement.
B. Parts Technology Africa does not warrant or guarantee that
i. our Services will meet your requirements.
ii. our Services will be uninterrupted, timely, secure, or error-free.
any information that you may obtain on our Services will be accurate or
the quality of any products, services, information or other material
purchased or obtained by you through our Services will meet your
any information you provide or Parts Technology Africa collects will not be disclosed
to third parties.
any information available on or through the Services will be free of
infection by viruses, worms, trojan horses or anything else with
the information provided to you by Parts Technology Africa will be free of any
technical or other mistakes, inaccuracies or typographical errors.
any errors in any data or software will be corrected by us or by third
parties who provide such data or software such as maps.
that the information available on or through the Services will not
contain material which some individuals may deem objectionable. or
x. that the functions or services performed by the Services will be uninterrupted or error-free or that defects in Service will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or
infected, will not damage the user's information or system.
C. If you access or transmit any content through
the use of our Services, you do so at your own discretion and your sole risk. You
are solely responsible for any loss or damage to you in connection with such actions.
D. No data, information or advice obtained by you
in oral or written form from us or through or from our Services will create any
warranty not expressly stated in these terms.
Limits on Liability
A. You agree that Parts Technology Africa will not be liable
for any direct, indirect, incidental, special, consequential or exemplary damages
(even if Parts Technology Africa has been advised of the possibility of such damages), arising
from, relating to or connected with.
i. the use or inability to use our Services.
the cost of replacement of any goods, services or information purchased
or obtained as a result of any information obtained from or transactions
entered into through or from our Services.
disclosure of, unauthorized access to or alteration of your content.
statements, conduct or omissions of any service providers or other third
party on our Services. or
any other matter arising from, relating to or connected with our Service
or these Terms.
B. Parts Technology Africa will not be liable for any failure or
delay in performing under these Terms where such failure or delay is due to causes
beyond our reasonable control, including natural catastrophes, governmental acts
or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications
systems breakdowns, hardware or software failures, transportation stoppages or slowdowns
or the inability to procure supplies or materials.
C. The Company's aggregate liability to you
or any third party in any matter arising from, relating to or connected with our
Services is at the Company's sole discretion.
You agree to defend, indemnify and hold Parts Technology Africa and its officers, directors and
employees harmless from any claim, demand, action, damage, loss,
cost or expense, including without limitation, reasonable attorney's fees, incurred
in connection with any suit or proceeding brought against us arising out of your
use of the Services or alleging facts or circumstances that could constitute a breach
us, Parts Technology Africa will have the right, in its sole and unfettered discretion, to control
any action or proceeding and determine whether Parts Technology Africa wish to settle it, and if
so, on what terms.
Parts Technology Africa's® Additional Terms and Conditions of Use for All Business Listings and
Additional Terms and Conditions of Use
These additional terms and conditions of use ("Additional Terms") apply to all businesses
who have or requested to have their business details supplied to Parts Technology Africa and/or
listed on the Services, including free business listings, as well as to all others
who choose to advertise with Parts Technology Africa, and/or on the Services (together in these
Additional Terms defined as "Advertisers" or "you").
use of the business listing and finding service, that allow Advertisers to register
and/or list your business with Parts Technology Africa so that users may locate your business when
users make certain relevant queries to Parts Technology Africa, as well as any other form of advertising
with Parts Technology Africa (together "Advertising Services"). Advertising Services include, but
are not limited to, displaying certain information about your business from time
to time, transferring or diverting calls to you and sending certain information
to users of Parts Technology Africa through various methods such as SMS messages or emails.
and all Advertisers must read these Additional Terms in conjunction with the Terms
Terms. Moreover, the Advertising Services form part of the Services as defined in
the purposes of these Additional Terms, be read to also apply equally to Advertising
Services irrespective of whether Advertising Services are mentioned separately to
Please also note that further terms and conditions for Advertising Services may
be contained in approved order forms and invoices for Advertising Services, promotional
and other documentation provided to you by Parts Technology Africa or its authorised resellers
Parts Technology Africa may at its sole discretion modify these Additional Terms at any time, and
such modifications will be effective immediately upon posting the modified agreement
on the Site. These Terms must be accepted and complied with by all who use the Services
in any way.
A. The Advertising Service is provided to you by Parts Technology Africa
on an "as is", "as available" basis subject to the provisions contained herein for
your personal or business use only. Any other use or attempt to use the Advertising
Service for other purposes, directly or indirectly, by you or by a third party is
B. Unless explicitly stated otherwise, any new features
that augment or enhance the current Advertising Service will be subject to both
Terms. Your acceptance of these Additional Terms is indicated by your payment for
the Advertising Service or, should payment not be required, then by your request,
registration or submission to us to list your business or advertise your business
with Parts Technology Africa.
C. If at any time these Additional Terms are no longer
acceptable to you, you should immediately terminate your subscription to the Advertising
Service in writing and submit at firstname.lastname@example.org.
Registering for Advert & Services
A . The Advertising Services may only be offered
to you by Parts Technology Africa or by Resellers.
B . You must provide accurate, complete, and current
registration information and you agree to provide the Advertising Service with an
update of that information promptly should changes occur.
C . Subscriptions to the Advertising Service
are available only to individuals who are at least 18 years of age or to incorporated
businesses, sole traders, trusts, partnerships or associations owned or operated
by individuals who are at least 18 years of age.
D . Parts Technology Africa will, at its absolute discretion, determine
the categories, key words and anything else used to categorize or describe businesses
for the purposes of users finding them by using the Services. Moreover, Parts Technology Africa
may change at any time its methods and algorithms used to help users find the information
they are looking for, including changes to business categories and classifications
as well as to various key words or terms. Advertisers further agree as a condition
for advertising with Parts Technology Africa that Parts Technology Africa reserves the right to re-classify Content,
entitling Parts Technology Africa to withdraw Content from one category and to re-publish Content
in another category.
E . Parts Technology Africa may terminate, at its own discretion,
any registration or Advertising Service whether active or inactive, including without
limitation any or all related information, communications, postings, web pages,
websites or services, at any time, without notice, for any reason or no reason,
including without limitation for conduct that violates local, state or federal laws
or regulations or the Terms, or material that Parts Technology Africa, at its own discretion, believes
is harmful to others, the business of Parts Technology Africa or other third party information
or service providers.
F . Upon submission, registration or request
to use the Advertising Service and on an ongoing basis, you will be asked to provide
certain business and other information in order for you to effectively advertise
on Parts Technology Africa. For Parts Technology Africa to properly communicate with you and for other purposes
such as billing (together "Content"). For further details on the type of information
Terms, in particular Section 11 below.
G . You assume all risk and responsibility for determining
whether any and all Content is in the public domain, regardless of any notices which
may be posted on such Content ("Public Content").
H . Any information supplied by you upon registration
for the Advertising Service and certain other information which we may collect is
I . Parts Technology Africa reserves the right to charge
a set-up and/or administration fee from your account upon registration or upon renewal
of the Advertising Service but will only do so by first providing you with notice
of any such charge.
J . As a registrant of the Advertising
Service, you acknowledge that there is no guarantee that your Public Content will
be located or used by users of Parts Technology Africa, nor is there any obligation on Parts Technology Africa
to make sure that users locate or use your Public Content.
K . You further acknowledge that there may be other
Advertisers' Public Content or other business information provided to Parts Technology Africa that
may, at any time and for any reason, be shown to users ahead of or instead of your
A. You, as an Advertiser and user of the Advertising
Service, understand that all information contained in your Content, whether publicly
posted or privately transmitted, is your sole responsibility. This means that you
are responsible and may be held legally liable for all Content that you upload,
post or otherwise transmit via the Advertising Service or other Services.
B. Parts Technology Africa does not control, actively monitor or
review the Content uploaded, posted, transmitted or made available on or through
the Advertising Service and Parts Technology Africa will not be responsible for any Content and
does not guarantee the accuracy, integrity or quality of such Content.
C. Advertisers agree at all times to deal with
any Services, information or products provided by Parts Technology Africa or accessed via Parts Technology Africa
or its Services in a manner which complies with all applicable laws (including privacy
and copyright laws).
D. Advertisers must ensure that all Content provided
by them to Parts Technology Africa comply with the Terms, all applicable legislation, regulations,
by-laws, ordinances or codes of conduct, including but not limited to the Consumer
Protection Council Act, Trade Malpractices (Miscellaneous Offences) Act, National
Information Technology Development Agency Act and similar laws applicable in the
Federal Republic of Kenya and the intellectual property rights of others. Advertisers
agree to keep Parts Technology Africa, its officers, employees and agents fully indemnified against
any losses, costs, expenses, charges, damages or liabilities incurred in relation
to any actions or claims brought by any person or entity against Parts Technology Africa, its officers,
employees or agents as a result of an actual or alleged breach by an Advertiser
of any law, regulation, by-law or code of conduct, breach of another's intellectual
property rights or such other actions or claims brought as a consequence of your
use of the Services.
E. Advertisers may not assign or transfer any
rights and obligations under these Terms to any other person or entity without Parts Technology Africa's
prior written approval. If an Advertiser is a company, any change in that Advertiser's
effective control will be deemed an assignment for the purpose of this clause.
Information Posted on the Advert Service
A. By transmitting, uploading, posting or submitting any Content to the Services you:
i. declare that any Public Content is not
confidential, secret or proprietary information (which includes Company
Name, Phone Number, Contact details, Website Address, Logo, Price List,
ii. warrant that no other party has
rights to the Content and that your transmission, posting, uploading or
submission of the Content to the Advertising Service does not violate
any copyright or other laws.
iii. in accordance with the Terms, with
regard to any Public Content, irrevocably grant Parts Technology Africa a perpetual,
worldwide, non-exclusive, royalty-free right and license to use,
reproduce, display, perform, adapt, modify, distribute, have distributed
and promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose
including the waiver of any rights in your contribution.
B. Parts Technology Africa will not be obligated to actively monitor,
review, or otherwise control in any manner, the content users post, upload or transmit
through the Services or directly to Advertisers in any form.
C. Where applicable, and subject to the Terms,
Parts Technology Africa will use all reasonable efforts to make a successful application for Advertising
Services ready for public use as soon as practical but Parts Technology Africa will not be liable
for any loss or damage incurred by an Advertiser as a result of any failure or delay
to do so.
D. Parts Technology Africa reserves the right, in its sole discretion,
to refuse or remove any Content or other information available on or through the
Advertising Services. Without limiting the foregoing, Parts Technology Africa will have the right
objectionable in the Parts Technology Africa's sole opinion.
E. By submitting Content or other information to the Advertising Service, you undertake full responsibility to.
i. determine whether the information complies with your needs.
determine whether you have adequate legal rights to store, reproduce or
otherwise use the information in any manner contemplated by you. and
comply with any legal obligations, including without limitation
obligations imposed by copyright, trade secret, defamation, indecency,
online conduct and acceptable content, privacy and export laws.
Third Party Content
A. Some portions of the Advertising Services
or the Services in general may include links to Third Party Content. Please see
Fees and Payments
A. You agree to pay all applicable fees and
charges incurred by you or any third party using your Advertising Service account
(whether or not authorized by you) at the applicable billing rate during the period
in which such fees and charges were incurred, including, but not limited to applicable
taxes, and charges for any products or services offered for sale through the Advertising
B. Except where otherwise specifically stipulated
within these Additional Terms, you will be responsible for all charges associated
with accessing and maintaining a connection to the Advertising Services and Services
in general (for example, charges imposed by an internet access provider, or your
local telephone company).
C. Parts Technology Africa may offer a number of packages,
payment methods and cancellation options. These options allow Advertisers to pay
upfront for a certain amount of advertising leads and, unless renewed, once the
credit in their account is used up, the Advertising Services will be cancelled.
Parts Technology Africa may, at is sole discretion, offer Advertisers the ability to automatically
renew or top-up their current package or provide options for Advertisers to change
their advertising package. In all cases:
Where an Advertiser's account has daily spending limits imposed ("Daily
Limits"), Parts Technology Africa reserves the right, in its absolute discretion, to
increase, decrease or eliminate those Daily Limits should the Advertiser
be receiving additional benefit beyond the value determined by the
Daily Limit set by the Advertiser or for any other reason that Parts Technology Africa
believes, in its absolute discretion, is detrimental to Parts Technology Africa or
users of the Services. In no case will the Daily Limit exceed the amount
of funds remaining in an Advertiser's account for that particular
The subscription amount paid by the Advertiser is the amount agreed to
over the phone with Parts Technology Africa or a Reseller or on the order form or
invoice provided at the time of sale including Value Added Tax (VAT) and
any other applicable taxes set-up or maintenance fees, if any. The
Advertiser will adhere to any payment terms contained in an order form
or invoice or as otherwise agreed between the Advertiser and Parts Technology Africa or
a Reseller over the phone.
If any payment (for example, a renewal payment) has not been made, as
per your payment terms, your account will be suspended until payment has
been received and a reactivation fee of 3,000 Naira (Three Thousand
Naira) will apply. Suspended accounts may be blocked from the Services.
If there is no payment after 90 days of a payment due date, as per the
payment terms, the account may be cancelled and the account will not be
subject to any form of a refund. Cancelled accounts cannot be
reactivated and any account history or information may not be
Nothing prevents Parts Technology Africa or its agents from taking any action necessary
to recover unpaid fees and charges. In the event there is need for
Parts Technology Africa to collect its unpaid fees and charges, any costs associated
with collecting unpaid fees (such as debt collectors' or solicitors'
fees) will become the sole liability of the Advertiser. In this event,
Parts Technology Africa may also submit a default application against the Advertiser
with credit reporting agencies.
The invoicing schedules for renewal will depend on the agreed package
that the Advertiser purchases as per the order form, invoice or verbal
Payments for the Advertising Services will be invoiced in advance, that
is, prior to the start of the Advertising Services being made available
for public use. Where there are no credit terms with an Advertiser,
Parts Technology Africa reserves the right to delay commencement of making the
Advertising Services available for public use until the Advertiser's
funds are received by Parts Technology Africa or a Reseller.
Parts Technology Africa reserves the right to change the structure, form and pricing of
any of its packages at any point in time. However, once a particular
package is fully paid for by an Advertiser, Parts Technology Africa will not alter the
structure, form or pricing of that particular package without the prior
consent of the Advertiser.
VAT and any other applicable taxes will be charged to the Advertiser
for any package or other product or service purchased from Parts Technology Africa.
D. If you register for Advertising Services with a
Reseller, it is possible based on your arrangement with that Reseller, that you
will not be provided with an "Advertiser Login" to amend your Content as such management
of your account may be done by the Reseller on your behalf as part of the service
they provide to you. An Advertiser Login allows an Advertiser (or a Reseller or
both depending on what was agreed) to login to the Advertising Services, amend details
and track the leads it is receiving from users of the Services.
E. To become a registered user or an Advertiser,
you must provide a password and a login name for your Advertiser Login. You are
entirely responsible if you do not maintain the confidentiality of your password
and login name. In addition, you are entirely responsible for any and all activities
that occur using your login name.
F. You agree to notify Parts Technology Africa as soon as you
become aware of any unauthorized use of your login name or any other breach of security
in connection with Parts Technology Africa, the Advertising Services or Services in general.
G. The Advertising Services will provide reporting
to the Advertiser, or its authorized agent (e.g. a Reseller) through the Advertiser
Login. When the funds paid by the Advertiser for a particular package get close
to full usage, Parts Technology Africa and/or its Reseller may issue the Advertiser with a notice,
or purchase a different package from Parts Technology Africa. All notices will be served in writing
and will be sent by facsimile or electronic mail to the Advertiser at their respective
addresses as specified on the order forms or in their Content.
Cancellation & Refund Policy
A. one type of the Advertising Services,
Parts Technology Africa sells various packages to Advertisers. Where a package has been purchased
by an Advertiser, Parts Technology Africa may, at its sole discretion, provide the Advertiser with
a refund for only the unused portion of the account balance (less applicable fees
or charges if any) for that particular package. Once the refund is provided, that
particular package and associated Advertising Services will immediately be cancelled.
The Advertiser is still responsible for all charges incurred up to the time of cancellation.
Parts Technology Africa reserves the right to charge an administrative fee of up to 5,000 Naira
where it grants any refunds or cancellations.
B. For certain packages where Parts Technology Africa explicitly
offers a money back guarantee, Parts Technology Africa will refund to the Advertiser any unused
portion of the account balance (less applicable fees or charges if any) subject
to any additional terms of that money back guarantee. Where such a money back guarantee
does not stipulate any administrative charges for refunds or cancellations, Parts Technology Africa
will not charge the Advertiser any administrative or cancellation charge. Once the
refund is provided, that particular package or Advertising Service will immediately
be cancelled. The Advertiser is still responsible for all charges incurred up to
the time the Advertising Service is cancelled.
C. Where the Advertising Service purchased is
not in the form of a package, then the specific terms of that order form, invoice
or other documentation will govern the terms of cancellation.
D. Any notification of a request for a refund or intent
to cancel must be provided in writing or by email to email@example.com or to your
E. Once a refund is approved, it will be processed
within 15 working days.
F. Any Daily Limit amount that has already been
spent, including any over amount to a Daily Limit referred to in Clause 6(c)i. above
will not be refunded under any circumstances.
GParts Technology Africa reserves the right, at its sole discretion,
to restrict, suspend or terminate your access to all or any part of the Advertising
Services at any time for any reason without prior notice or liability. Parts Technology Africa
may change, suspend or discontinue all or any aspect of the Advertising Services
at any time, including the availability of any Advertising Service feature, database,
or content, without prior notice or liability.
Disclaimer of Warranties
above which will also apply to Advertising Services in the same manner
they apply to Services:
A. You expressly agree that
entering or using of the Advertising Services is at your own risk. No
warranty, representation, condition, undertaking or term - express or
implied, statutory or otherwise - including but not limited to the
condition, quality, durability, performance, accuracy, reliability,
non-infringement, merchantability, or fitness for a particular purpose
or use of the Advertising Service is given or assumed;
B. Parts Technology Africa makes no warranty or
guarantee that the Advertising Services will: meet your requirements;
generate additional leads; increase sales, business activity or profits
or any other form of improvement for your business; lead to any exposure
of your business or any keywords or other information contained in your
Content and if such exposure does occur that the placement of your
business information is ranked highly; or that the Advertising Services
will be uninterrupted, timely, secure, or error-free.
C. Parts Technology Africa does not warrant or
guarantee that any information available on or through the Advertising
Services will: be free of infection by viruses, worms, trojan horses or
anything else containing destructive properties; that the information
available on or through the Advertising Services will not contain
materials which some individuals may deem objectionable; or that the
functions or services performed by the Advertising Services will be
uninterrupted or error-free or that defects in the Advertising Services
will be corrected.
D. The Resellers make no warranty nor
representation that they are employees of Parts Technology Africa or that they have any
control over the operation of the Advertising Services or other
Services offered by Parts Technology Africa;
Limits on Liability
A. In no event will Parts Technology Africa be liable to any
party for any damages, including without limitation any direct, indirect, special,
punitive, incidental or consequential damages (including, but not limited to, damages
for loss of business profits, business interruption, loss of programs or information,
loss of profits or goodwill or loss of use of facilities or equipment), or any other
damages arising - in any way, shape or form - out of the availability, use, reliance
on, inability to utilise or improper use of the Advertising Services or Services
even if Parts Technology Africa has been advised of the possibility of such damages or is negligent,
and regardless of the form of action, whether in contract, tort, or otherwise.
B. In no event will Parts Technology Africa be liable to any party
for any delays, inaccuracies, errors or omissions with respect to the Advertising
Services or the information or the transmission or delivery of all or any part thereof,
for any damage arising therefrom or occasioned thereby, or for the results obtained
from the use of information available on or through the Advertising Services or
Services. You expressly agree that Parts Technology Africa will not be responsible or liable for
any loss of data, nor will it be required to return any lost data, resulting from
the suspension or deletion of user information, network or system outages, file
corruption or any other reasons.
C. Parts Technology Africa urges you to maintain backup versions
of your Content to guard against losses of any kind. You expressly agree that Parts Technology Africa
will not be liable for any conduct by users of the Advertising Services or Services
and will not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted, uploaded, posted or made available on or through
the Services or Advertising Services. You expressly agree to indemnify and hold
harmless Parts Technology Africa, its subsidiaries, affiliates, officers, agents, co-branders and
other partners, and its and their respective employees, from and against any and
all damages, liabilities, actions, causes of action, suits, claims, demands, losses,
costs and expenses (including without limitation reasonable attorneys' fees and
disbursements and court costs) arising from or in connection with your Content,
your use of or connection to the Services or Advertising Services, your violation
of these Terms, your violation of any rights of any third party in any way or your
violation of any law.
D. Notwithstanding the above, Parts Technology Africa's aggregate
liability to the Advertiser will be at Parts Technology Africa's discretion.
A. Default and consequences of default:
i. Interest on
overdue invoices will accrue from the date when payment becomes due daily until
the date of payment at a rate of 2.5% per calendar month and will accrue at such
a rate after as well as before any judgment.
ii. If the Advertiser
defaults in payment of any invoice when due, the Advertiser will indemnify Parts Technology Africa
and/or the Reseller as the case may be from and against all costs and disbursements
including all reasonable legal fees and all costs of collection.
iii. Without prejudice
to any other remedies Parts Technology Africa or a Reseller may have, if at any time the Advertiser
is in breach of any obligation (including those relating to payment), Parts Technology Africa may
suspend or terminate the supply of Advertising Services to the Advertiser and any
of its other obligations under the Terms. Parts Technology Africa will not be liable to the Advertiser
for any loss or damage the Advertiser suffers because Parts Technology Africa exercised its rights
under this clause.
iv. If any account remains unpaid at the end
of the second month after supply of Advertising Services or other goods or services,
the following will apply: an immediate amount of N5000.00 (Five Thousand Naira)
may be levied for administration fees which sum will become immediately due and
v. In the event that:
1)any money payable to Parts Technology Africa becomes
overdue, or in Parts Technology Africa's opinion the Advertiser will be unable to meet
its payments as they fall due;
2)the Advertiser becomes insolvent,
convenes a meeting with its creditors or proposes or enters into an
arrangement with creditors, or makes an assignment for the benefit of
its creditors; or
3) a receiver, manager, liquidator
(provisional or otherwise) or similar person is appointed in respect of
the Advertiser or any asset of the Advertiser, then Parts Technology Africa will be
entitled to cancel all or any part of any order of the Advertiser or
Advertising Service without refund in addition to and without prejudice
to any other remedies.
A. The Advertiser and/or any guarantor(s) agree
that Parts Technology Africa may exchange information about the Advertiser and guarantor(s) with
those credit providers named in an application for credit account or named in a
consumer credit report issued by a reporting agency for the following purposes:
i. To assess an application by an Advertiser,
ii. To notify other credit Providers of a default by the Advertiser,
iii. To exchange information with other credit providers as to the status of
this credit account, where the Advertiser is in default with other
credit providers, an
iv. To assess the credit worthiness of Advertiser and/or any of its guarantor(s).
B. The Advertiser consents to Parts Technology Africa to collect
overdue payment on commercial credit
C. The Advertiser agrees that any
personal data provided may be used and retained by Parts Technology Africa for the
following purposes and for other purposes as will be agreed between the
Advertiser and Parts Technology Africa or required by law from time to time:
i. The provision of Services or other related services,
ii. The marketing of
Services and/or other products by Parts Technology Africa, its agents or distributors
in relation to the Services,
iii. Analyzing, verifying and/or checking the
Advertiser's credit, payment and/or status in relation to provision of
Services or related services,
D. Our Advertising Services are designed
to allow Advertisers to make available to the general public the Public
Content. Consequently, by submitting any Public Content, you thereby
waive any privacy expectations you have with respect to our use of your
information provided to us. If you do not wish to have your information
about yourself viewed by or disclosed to others, please do not use our