Terms and Conditions

 

Thank you for visiting Coseeker.com (the “Site”), which is owned and controlled by Coseeker (“We” “Us” or “Our”). The “Site” also includes any version of this Site that is optimized or configured for use by mobile computing devices such as smartphones and tablets, as well as mobile applications. These Terms of Use (“Terms”) govern your access to and use of the Site, so please read them carefully. Your access to and continued use of the Site constitutes your acceptance of, and is conditional upon your continued acceptance of and compliance with, the Terms and our accompanying Privacy Policy, and your compliance with applicable laws and regulations. If you are using the Site on behalf of a company or other legal entity, you agree to be bound by these Terms even if We have separate agreement with you. You may not use the Site if you do not agree to the version of the Terms posted on the Site at the time you access the Site. You may wish to print this page for reference.

 

General Provisions

The material that appears on the Site is for informational purposes only. Despite Our efforts to provide useful and accurate information – whether We have produced the Content (as defined below) or have received it as the result of a Submission or Dealer Review (each as defined below) – errors may appear from time to time. We are not responsible for, and do not guarantee the accuracy of, any Content, Submission, or Dealer Review. You are free to browse the Site for your personal, non-commercial use. Any other reproduction of the Content is strictly prohibited. Further, you may not use the Site to solicit or advertise in any manner.

 

Privacy

Your use of the Site and the Content may involve the transmission of your Personal Information. Our policy regarding the collection and use of Personal Information is governed by our Privacy Policy, which is hereby incorporated by reference in its entirety.

 

Account Registration

While you may access the Site without registering, you may be required to register in order to use some features of the Site . As part of the registration process, you will be asked to create a username and password, as well as provide a valid email address. (“Registration Data”). You may update your Registration Data at any time while logged into your account by clicking the Account Details link located at the top of the page. Failure to provide a valid email address may result in immediate suspension or termination of your account. In the event you register for an account, you agree that your account is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access your account. You agree to promptly update your profile if any of your Registration Data changes and inform us if you know of or suspect unauthorised use of your account or the Site.

 

Content

Coseeker provides valuable content to Our Site visitors concerning the quality and reputation of car dealers, bike dealers, aftermarket specialists and service providers, as well as other subjective information such as overall rating of a consumer’s experience. All content on the Site and/or otherwise distributed or made available to you by or on behalf of Coseeker, including software, applications, ratings, audio, text, graphics, logos, button icons, video, and images, and the selection and arrangement of such content (“Content”) is the exclusive property of Coseeker, its licensors, or the provider of such Content and is protected by international copyright and trademark laws. “Content” also includes Submissions and Reviews (each as defined below). All rights not expressly granted are reserved.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation Reviews and ratings, for any public and/or commercial use without the prior written permission of Coseeker.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Coseeker or its employees, licensors, independent contractors, providers and affiliates without the prior written permission of Coseeker or as authorised in accordance with the terms of being a Certified Listing, or: (i) in, as, or as part of, your own trademarks or those of any third parties; (ii) to identify non-Coseeker products or services; or (iii) in a manner likely to cause confusion or that implies that Coseeker sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

COSEEKER, COSEEKER Logo, and other marks used on this Site (“Marks”) are trademarks and/or registered trademarks of Coseeker in South Africa and may not be used without the express written permission of Coseeker. Other marks appearing on the Site are the property of their respective owners.

 

Submissions

In the event you choose to post or submit feedback, materials, information, ideas, opinions and other content (“Submissions”), and unless we indicate otherwise, you grant Coseeker a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any mode and all forms of media whether now known or later developed. You grant Coseeker and its sublicensees the right to use your username and any other name that you submit in connection with such Submissions and your geographical location to attribute authorship of Submissions to you. You hereby waive your “moral rights” in your Submissions, to the extent they can be waived, under any existing or future law of any jurisdiction. You represent and warrant that: (a) you own or otherwise control all of the rights to the Submissions that you post and/or submit; (b) the Submissions is accurate; (c) the use of the Submissions you post and/or submit does not violate these Terms; and (d) the Submissions will not cause injury to any person or entity. Coseeker takes no responsibility and assumes no liability for any Submissions posted by you or any third party.

You are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in the Submissions that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorise the use of your Submissions as described herein. You may not imply that your Submissions is in any way sponsored or endorsed by Coseeker.

In connection with and as part of the Submissions, the Site allows visitors to rate listings by submitting Reviews and ratings of specific listings and their experiences with such listings (collectively, “Reviews”) and/or read Reviews and ratings of listings submitted by other visitors of the Site. In order to submit a Review you must first register with the Site. Coseeker is not liable for any statements, representations, descriptions, comments, or opinions provided in Reviews on the Site. Reviews are displayed for entertainment and informational purposes only. Coseeker cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will Coseeker be liable in any way for any Review, including, but not limited to, any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of or any Submission as part of such Review.

Coseeker generally does not Review Submissions prior to posting on the Site, provided, that Coseeker shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all Submissions and may remove or require the removal of any and all Submissions for any reason. In addition, Coseeker may edit, modify, or otherwise alter your Submissions for length, clarity, with no notice and at Coseeker’s sole discretion.

You grant to us an exclusive, royalty-free, perpetual, irrevocable, worldwide license to use your picture, portrait, photograph, videos, likeness and other renderings or images of you that you upload or provide to us (“Photos”) in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites, social media sites, and all other media now known or later developed (collectively, “Media”) and in all manner, including electronic, Internet, social media and other online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. You further waive any right to inspect or approve the finished product or versions of the Photos, including written copy that may be created in connection therewith. You expressly release Coseeker, its affiliates, agents, employees, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation, violation of any right to publicity, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of Coseeker advertisements, promotions, content, programs and/or materials in which any portion of the Photos appear. The license rights and release set forth herein shall extend to any minors under the age of 18 that may appear in any of the Photos. You acknowledge and agree that any and all Submissions are public and you have no expectation of privacy or confidentiality in any Submission by reason of any Submission via the Site.

 

Limitation of Liability

Cosseker is not a party to or has any liability to any party with respect to any interaction or attempted interaction between a listings and any Site visitor or author of any Submission or Review.

Coseeker shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Site, including the Content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, lost profits, business interruption, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Reviews, opinions, advice, services and other Content provided on the Site. You agree that access to the Site is provided on an “as is” basis. We do not control how frequently third-party search engines update their indexes, display Content, or how they order their search results; which is the sole responsibility of the search engines, third-party sites, and other such feed resources. If you are dissatisfied with any Content posted on the Site, your sole and exclusive remedy is to discontinue using the Site.

Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of Content, and any other information, content, or materials accessed through or obtained by means of the Site. Under no circumstances shall Coseeker or its affiliates, or their respective directors, officers, employees and agents, or any third-party supplier, provider, or licensor, including any provider of Content, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site, even if advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of the Content.

 

Viruses; Security

Coseeker does not guarantee or warrant that the Site or any Content thereon will be free from infection, viruses, worms, Trojan Horses or other codes or features that manifest contaminating or destructive properties, nor can Coseeker provide any assurance that unauthorized persons will not be able access your computers, data or systems by means of the Site or systems or through use of e-mail addresses, user names or other Information or Content they may find on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for system security, accuracy of data input and output and for maintaining your own means for the reconstruction of any lost data or otherwise dealing with system security breaches.

Even with the use of encryption, you acknowledge that the Internet is not a 100% secure medium and privacy cannot be guaranteed. Internet e-mail and review postings are or may become vulnerable to interception and forging. Coseeker will not be responsible for any damages you or any third party may suffer as a result of the transmission that you make to Coseeker through the Internet, or that you expressly or implicitly authorize Coseeker to make, or for any errors, data corruption or any changes made to any transmitted information.

 

Contact Information

Registered users of Coseeker must keep a current and up to date email address. Coseeker requires your email address in the event a review requires further information, clarification, or accuracy verification. Failure to keep accurate contact information may result in the account becoming disabled and your reviews being removed.

 

Reviews and Community Guidelines

Your use of the Site, the Coseeker Sevices, Content, Submissions, and Reviews are subject to our Community Guidelines.

 

Warranty Disclaimer

THE SITE (INCLUDING ALL CONTENT AND ANY OTHER PRODUCT, SERVICES, OR INFORMATION MADE AVAILABLE VIA THE SITE OR BY COSEEKER) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COSEEKER DOES NOT WARRANT THAT THE FEATURES OR FUNCTIONS CONTAINED IN THE SITE OR THE SITE ITSELF WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COSEEKER AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.

 

Indemnification

By using the Site, you agree to indemnify, defend and hold Coseeker, and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any losses, actions, claims, proceedings, suits, judgments, settlements or liabilities arising out of your use of the Site, your violation of these Terms (including the Community Guidelines and the Privacy Policy), your violation of any rights of another, or any of your Content or your use of any Content. You are responsible for maintaining the security of your password and you are responsible for all statements or reviews made and acts that occur through the use of your account.

 

Updates to the Terms; Site

Coseeker has the right to modify these Terms and any policies affecting the Site. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to these Terms shall be deemed an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Coseeker in providing the Site is to stop using the Site and terminate your account, if applicable.

In addition, Coseeker has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of access to any area of the Site. Coseeker may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

 

Termination

Coseeker reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Coseeker terminates your access or use of the Site based on a breach by you of these Terms, Coseeker reserves the right to refuse to provide access to the Site to you in the future.

These Terms constitute the entire agreement between you and Coseeker with respect to the Site and supersedes all prior agreements between you and Coseeker. Failure by Coseeker to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

 

 

– The Coseeker Team