These Terms govern your use and access of WHIP UP (Pty) Ltd, to be referred to as "the company" and/or "the app" when mentioned individually. Every other directly associated parties such as employees, agents and/or third party service providers to the company will be referred to collectively as "associated parties". The clientele of the company, that being the dealerships with which there are contractual agreements based on the service that is being provided to them, will be referred to as ‘the client’. The users, that being every individual who install the app and makes use of the features, services and everything the app has to offer, will be referred to as ‘the user’. The services offered by the company through the app are offered subject to the acceptance of the user, without modification of any and/or all of the terms and conditions stated in this contract, including all of the operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time by the company.
The user agrees that the company may automatically and regularly upgrade the services and features that they offer, and the agreement will continue to apply to any of the upgrades that are implemented. It is hereby the responsibility of the user to carefully read the agreement before accessing and using and part of the company`s services. By using and accessing the app and/or any other services offered by the company, the user agrees to become bound by the agreement herein. If the user does not agree to the terms of the agreement, then they may not use and/or access the app and any of the services offered by the company.
YOUR ACCOUNT
Considering that the use of the app and it`s services requires registration of an account, the user agrees to provide the company with accurate and complete information upon registration.
The user also agrees to do so whenever submitting information on any of the forms and/or sections in the app that require information (including test drives booking forms). This is due to the fact that the company and/or the client to which the user is being connected to may need to send the user some notable updates (for example, booking dates, changes to the Terms of Use or Privacy Policy), or the company may need to communicate to the user regarding matters that concern them (legal, procedural or otherwise).
The user agrees that they will not submit any comments, answers or questions that are considerably against the law, defamatory, harassing, consists of abuse, fraudulent, obscene, intended for advertising, or any content that is otherwise objectionable. The user will solely be responsible and/or liable for any activity that occurs under their account.
The user will be responsible for keeping their account information up to date and keeping their password secure. The user will be fully responsible for the actions they take in connection to the services of the company and/or the app. The user shall not share and/or misuse their access credentials.
The company will not be liable for any acts or omissions by the user, including any damages of any sort incurred as a result of such acts or omissions. The user, the client and/or the associated parties may not use this service to reproduce, sell, edit, use, translate, publish, display, post, perform, transmit or distribute anything for any commercial or public purpose without the written consent of the company. The company reserves the right to refuse their services to any user at any time without notice and to remove any information and/or account in that regard. The company will not be liable for exercising its rights under this agreement or not.
USER RESPONSIBILITY
The company will not be in anyway responsible and/or liable for the user`s engagement with services and/or features on the app. The user appoints the services of the app and the company completely at their own risk and out of their own accord. The user will be completely liable for protecting themselves against anything they deem to be inappropriate, unfitting and not suitable for them in relation to the services of the company.
The company hereby disclaims any responsibility for any harm resulting from anyone`s use of any of its services.
Everything the user does through the app will be completely out of their own understanding and acceptance of the potential and possible risks associated regardless of the type of risk.
The user is responsible for taking the precautions necessary to protect themselves and their device systems from worms, viruses, Trojan horses and other harmful and/or destructive content. The existence of a link to or from the company`s services does not imply that they endorse such websites, and the user will be responsible for taking the precautions necessary while using these links.
APP CONTENT
All of the content posted on the app by the company should under no circumstances be absorbed as professional advice. The user consumes all of the content of the app (and other channels used by the company) completely at their own risk. The company will not be responsible and/or liable for any offense taken or harm caused from engaging with the content of the app.
The company will not be responsible for any use or effect of its content in any way whatsoever. The company does not endorse or represent in any way that the content they put out is in any way accurate, useful or not harmful. Content could be indecent, offensive, inaccurate, objectionable, consist of errors and typographical mistakes, violate or infringe the privacy, publicity rights, intellectual property rights or other proprietary rights of third parties.
Complaints relating to such may be reported to the management of the company for evaluation, however the company reserves the right to not act on any or all of the complaints, and will not be held responsible or liable for not responding to any queries whatsoever.
The information that is provided through the services of the company, the app content and any/all other channels is not intended to be a substitute for professional advice in any field, industry or trade in existence.
The company preserves the right to do as they wish with regards to the content that is put out on all of their channels/platforms, regardless of the type of content and the effect it may have on anyone who consume it. The company reserves the right to do as they wish in terms of the competitions and giveaways that they conduct on all of their channels, and will select a winner through the procedure which they see fit. The user engages with such competitions at their own risk. The user agrees to engage with the competitions with the understanding that they may not benefit from them.
PAYMENTS
There will be absolutely no payments conducted on or through the app to or from the user under no circumstances unless the company states otherwise. The only payments that will occur (outside of the app, but within the company) are those which the user makes to the client for the purchase of a vehicle (in some instances, through a bank loan), and the company will not be responsible and/or liable for the transactions that occur in that regard.
Such a transaction will be a matter that will involve the client and the user, and ultimately exclude the company. The company will not be responsible for users who become victims of scams or fraudulent activity through, on or around the app.
The company disclaims the responsibility to act or intervene (in any way) in that regard. The only transaction that will occur to the company is that of the commission and/or mark-up that is paid to the company by the client for each vehicle sale, as well as the standard service fee that is paid to the company from the client.
PURCHASES (through the app)
The company is primarily responsible for connecting the user to the client, and the company will not be responsible for everything that happens after the user has been connected to the client through the test drive bookings. The company will not be held liable for any disputes and/or misunderstandings that occur between the client and the user regarding matters that take place after the test drive booking.
The user books test drives through this app with the understanding that the company has no control over the type and/or condition of the vehicles being sold by the client, and the company will hereby not be held liable for the purchasing decisions made by the user.
The company partners with numerous clientele which sell diversified products, and will hereby not be responsible for what the client sells to the user. The brand of the company or the app is not by any chance a product of or direct association with the dealerships it provides this service to, and will hereby not be judges based on the products and/or actions of the client. The user is of the understanding that the company is providing a service to the client, and there is nothing further that links or attaches the client to the company.
CHANGES & UPDATES
The company will constantly update and change services and the relevant conditions as they relate, and that ultimately means that they will have to change the legal terms under which these services are offered. The changes will be made with notice through email, and it will be the users responsibility to stay informed of all changes.
If the user does not agree with any of the changes made, then it will be their responsibility to stop using the services of the company at the time of their convenience. The users continued use of the services of the company will be subject to any new terms that arise.
USER INFORMATION CONFIDENTIALITY
All of the information submitted to the company by the user do not form the basis for a professional-client relationship in which utmost confidentiality is a standard requirement.
The company hereby has the right to use, modify, edit, reproduce, translate, publish, display, post, perform, distribute, and transmit the information without compensation to the user for internal and external purposes, either alone or as part of other works in any media, form or technology, whether known or is developed hereafter.
The company however, will not publically disclose any of the information submitted by the user in a manner that directly associates that information with that particular user.
However, the user agrees that their information will be mainly be shared with the client whenever that user lodges a test drive booking. The information will be submitted to the client without limitation, fail or filter based on the user`s submission on the test drive form.
LIMITATION OF LIABILITY
Under no circumstances whatsoever will the company, the associated parties, and/or the client be liable to the user for any special, consequential, exemplary, incidental or indirect damages that present themselves in connection with the use of the services provided by the company, whether or not the company or the users have been made aware of the possibility of such damages.
INTELLECTUAL PROPERTY
The agreement does not in any way mean that the intellectual property of the company is transferable to any of the parties mentioned in this agreement, and all rights, title and interest in and to the intellectual property will remain solely with the company. Any trademarks, graphics, designs, templates, logos, service marks, content and texts used in connection to the services of the company, are trademarks (registered or not) of the company. There are however, intellectual properties that may be used in connection to the services of the company which may belong to other third parties.
RELEASE & WAIVER
In accordance to every law applicable at its maximum extent possible, the user agrees to release and waive all claims against the company, the client and all the associates parties from any and all liability for damages (actual and consequential), costs, claims and expenses (including all legal costs of any nature and/or kind) of any sort in connection to the use of the services provided by the company.
MISCELLANEOUS
If any term, condition or provision based on the above agreement is deemed to be invalid or unenforceable, that term or condition shall be construed to reflect the original intent, and all the rest of the terms, conditions and provisions stated in this agreement shall remain fully enforced without fail or limitation.