Terms & Conditions

Access to the Website is subject to the following terms and conditions.

Upon accessing the Website, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and to the facilities and services provided by it.

Accordingly, please take the time to read through these terms and conditions before continuing to use the Website. If you do not agree to obey these terms and conditions you must stop using the Website immediately.

We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the changes in and to the terms and conditions.

In these terms and conditions:

“product/s” means the goods advertised, sold and delivered by us to our customers;

"we”/”us”/”our" means Toshiba Africa (Pty) Ltd, a private company incorporated in the Republic of South Africa with limited liability, and our associated companies (where applicable);

"Website" means this website; and

"you"/"your" means the user of the Website including users who has registered with us and where applicable, advertisers.

1. Access to the Website

• Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice.
• From time to time, we may restrict your access to some parts of the Website, or the entire Website. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

2. Content

• 2.1. You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes.
• 2.2. In particular, you may not use the contact details provided to contact us other than in connection with a genuine enquiry relating to the purchase by you of our product/s.
• 2.3. The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality arising from such inaccuracies and typographical errors.
• 2.4. The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date.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 to any previously existing representations, terms, conditions or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
• 2.5. The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
• 2.6. Through the Website, we present advertorial content and information. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.
• 2.7. We give no warranties, conditions, guarantees or representations, expressed or implied, as to:
• • 2.7.1. the completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;
  • 2.7.2. the content of the advertisements for product/s appearing on the Website, including but not limited to, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such product/s;
  • 2.7.3. the completeness of the results of any search conducted on the Website or that the product/s revealed by such search are the only product/s on our database which might meet the requirements of your search.

3. Contractual issues

• 3.1. We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website.
• 3.2. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion.
• 3.3. As such, any information contained on the Website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

4. Liability

• 4.1. The information and material displayed on the Website is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:
• • 4.1.1. all conditions, warranties and other terms which might otherwise be implied by statute;
  • 4.1.2. any liability for any direct, indirect or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
  • • 4.1.2.1. our failure to fulfill any of our obligations in terms hereof;
    • 4.1.2.2. the Website or resulting from the use, the inability to use, the Website;
    • 4.1.2.3. the search results obtained from the Website; and
    • 4.1.2.4. any websites linked to the Website and any material posted on it.
• 4.2. We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
• 4.3. We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.
• 4.4. We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
• 4.5. We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

5. Intellectual Property

• 5.1. All intellectual property including trade marks, names and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us.
• 5.2. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trade marks, names or logos.
• 5.3. All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of product/s, are owned and/or controlled by us.
• 5.4. Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so.
• 5.5. 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.
• 5.6. Any intellectual property embodied in the information provided by us and utilised on the Website is hereby assigned to us.

6. Links to other websites

• 6.1. The Website contains hypertext links to websites that are not operated by us.
• 6.2. We do not control such websites and are not responsible for their content.
• 6.3. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

7. Links to the Website

• 7.1. You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.

8. Security

• 8.1. We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.

9. General

• 9.1. We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes made, as they are biding on you.
• 9.2. Some provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Website.
• 9.3. If any of the provisions of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
• 9.4. These terms and conditions together with our privacy policy (as contained herein below) contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
• 9.5. The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from these terms and conditions; the use or inability to use the Website and or information contained on the Website.

10. Communication

• 10.1. By using or accessing the Website, you agree to communicate with us in electronic and/or telephonic format.
• 10.2. Accordingly, you accept any risks, which may feasibly arise from electronic communications, and furthermore that inasmuch as communications may require to be “written” between you and us, these electronic communications suffice for that purpose.

PRIVACY POLICY

• 1.1. This policy explains how we obtain, use and disclose your personal information, as is required by the Protection of Personal Information Act No. 4 of 2013 (“PPI”).
• 1.2. We are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
• 1.3. This policy sets out:
• • 1.3.1. what information we collect (clause 2);
  • 1.3.2. how we use your information (clause 3);
  • 1.3.3. our aim to provide ongoing supply of our products to you (clause 4);
  • 1.3.4. to whom we disclose your information (clause 5);
  • 1.3.5. how we safeguard your information (clause 6);
  • 1.3.6. your rights to access and correction of information (clauses 7 & 8); and
  • 1.3.7. changes to this policy (clause 9).

2. THE INFORMATION WE COLLECT

• 2.1. We collect and process your personal information mainly to provide you with access to our product/s, to help us improve our offerings to you and for certain other purposes explained below.
• 2.2. The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.
• 2.3. We collect information directly from you where you provide us with your personal details, for example when you purchase a product from us or when you submit either your details or enquiries to us or contact us.
• 2.4. Where possible, we will inform you what information you are required to provide to us and what information is optional.
• 2.5. We also collect information about you from other sources as explained below.
• 2.6. With your consent, we may also supplement the information that you provide to us with information we receive from other companies in the Toshiba group of companies in order to offer you a more consistent and personalized experience in your interactions with us.
• 2.7. Website usage information is collected using “cookies” which allows us to collect standard internet visitor usage information.

3. HOW WE USE YOUR INFORMATION

• 3.1. We will use your personal information only for the purposes for which it was collected or agreed with you, for example:
• • 3.1.1. to provide our products to you, to carry out the transaction you requested and to maintain our relationship;
  • 3.1.2. for operational purposes;
  • 3.1.3. for the detection and prevention of fraud, crime, or other malpractice;
  • 3.1.4. for debt tracing or debt recovery;
  • 3.1.5. to conduct market or customer satisfaction research or for statistical analysis;
  • 3.1.6. for audit and record keeping purposes; and
  • 3.1.7. in connection with legal proceedings.
• 3.2. We will also use your personal information to comply with legal and regulatory requirements or industry codes to which we subscribe or which apply to us, or when it is otherwise allowed by law (for example to protect our interests).

4. ONGOING SUPPLY OF PRODUCTS

• 4.1. Given our aim to provide you with an ongoing supply of products, we would like to use your information to keep you informed about other products which may be of particular interest to you.
• 4.2. Please opt out if you do not want to receive such product information. You may opt out at any time if you don’t want to receive any further communications of this nature.
• 4.3. You may also give and withdraw consent and tell us what your communication preferences are by contacting us at the numbers/addresses provided.

5. DISCLOSURE OF INFORMATION

• 5.1. We may disclose your personal information to our service or product providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with these privacy terms.
• 5.2. We may share your personal information with, and obtain information about you from:
• • 5.2.1. third parties for the purposes listed above, for example credit reference and fraud prevention agencies, law enforcement agencies;
  • 5.2.2. other suppliers of similar product/s to prevent fraudulent claims;
  • 5.2.3. other companies in the Toshiba group of companies when we believe it will enhance the products we can offer to you, but only where you have not objected to such sharing;
  • 5.2.4. other third parties from whom you have chosen to receive marketing information.
• 5.3. We may also disclose your information:
• • 5.3.1. where we have a duty or a right to disclose in terms of law or industry codes; and/or
  • 5.3.2. where we believe it is necessary to protect our rights.

6. INFORMATION SECURITY

• 6.1. We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information.
• 6.2. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information is secure.
• 6.3. Our security policies and procedures cover:
• • 6.3.1. physical security;
  • 6.3.2. computer and network security;
  • 6.3.3. access to personal information;
  • 6.3.4. secure communications;
  • 6.3.5. security in contracting out activities or functions;
  • 6.3.6. retention and disposal of information;
  • 6.3.7. acceptable usage of personal information;
  • 6.3.8. governance and regulatory issues;
  • 6.3.9. monitoring access and usage of private information;
  • 6.3.10. investigating and reacting to security incidents.
• 6.4. When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
• 6.5. We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

7. YOUR RIGHTS: ACCESS TO INFORMATION

• 7.1. You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses listed on our Website and specify what information you would like. We will take all reasonable steps to confirm your identity before providing details of your personal information.
• 7.2. Please note that any such access request may be subject to a payment of a legally allowable fee.

8. YOUR RIGHTS: ACCESS TO INFORMATION

• 8.1. You have the right to ask us to update, correct or delete your personal information. You may do this by contacting us at the numbers/addresses listed on our website.
• 8.2. We will take all reasonable steps to confirm your identity before making changes to personal information we may hold about you.
• 8.3. We would appreciate it if you would keep your personal information accurate. Please update your information whenever your details change.

9. CHANGES TO THIS POLICY

• 9.1. Please note that we may amend this policy from time to time. Please check this Website periodically to inform yourself of any changes.

If you have questions about this policy or believe that we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our Website.