USER AGREEMENT:


TERMS AND CONDITIONS OF USE OF AUTO.LIGHTSTONE.CO.ZA and LIVE
entered in favour of
LIGHTSTONE AUTO, A DIVISION OF LIGHTSTONE PROPRIETARY LIMITED

  1. TERM
    1. This document sets out the terms and conditions (“Terms”) pertaining to the access of and use of the services and functions of Lightstone Auto, a division of Lightstone Proprietary Limited (“Lightstone Auto”) provided on this website: auto.lightstone.co.za (“Site”) and on Lightstone Auto’s mobile application scanning solution, LIVE (the “App”).
    2. Should User (“User” which shall mean any person that accesses the Site or utilises the App) disagree with any of the Terms, User must refrain from accessing the Site, using the App and from using Lightstone Auto’s services and products in their entirety. By accessing the Site and/or utilising the App, User warrants and represents to Lightstone Auto that User is legally entitled to use the services. Any person below the age of 18 (eighteen) years may not use the services and must be assisted by their legal guardian when reading and entering into these Terms.
    3. Lightstone Auto reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time User accesses the Site and/or uses the App, User shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Lightstone Auto from time to time.
    4. In the event of a dispute as to the content of the Terms at any time, a certificate signed by the administrator responsible for maintaining the Site shall be prima facie proof of the date of publication and content of the current version and all previous versions of the Terms.
  2. NATURE OF SERVICES
    1. User may, subject to these Terms, access proprietary information made available by Lightstone Auto on the Site and/or the App, from time to time, which information may include any one or more of the following:
      1. Vehicle Validation Information (VVi);
      2. VVi with repair history;
      3. Vehicle Valuations;
      4. Driver’s Licence Scanning (where the barcode on a South African driver’s licence, is scanned and a report is returned containing the information contained within the barcode);
      5. EzScore, being a value add report designed to provide broad high-level information regarding the creditworthiness and affordability level of a consumer; and
      6. Other reports or information as may be made available by Lightstone Auto on the Site and/or the App, from time to time.
    2. Information supporting LIVE and accessed through the Site (including VVi, repair history, driver’s licence scanning and EzScore) is obtained from Lightstone Auto’s third party suppliers from time to time. A list of these third party suppliers is available to the User upon request.
    3. The Vehicle Valuations are based on a statistical vehicle valuation model which consists of information obtained from third party suppliers and combined with certain proprietary intellectual property regularly modified and improved and which is developed by Lightstone Auto.
  3. LIMITED LICENSE AND USAGE
    1. In return for payment of the fees prescribed by Lightstone Auto from time to time, and as more fully described below, Lightstone Auto hereby grants to User, subject to these Terms, a personal, non-exclusive, non-transferable, limited and revocable right to access, display, utilise and download content from the Site and the App.
    2. User may only exercise the above rights for information purposes.
  4. PAYMENT OPTIONS AND PRICING
    1. A User who accesses and utilises the Site and/or who utilises the App shall pay Lightstone Auto the set fee(s) applicable for the products and/or services selected by the User as posted on the Site and on the App at the time of the transaction.
    2. However, where User is subscribed under a services agreement between Lightstone Auto and a third party and User has been granted authority to access the Site and/or the App by such third party, the third party shall be responsible for all usage-related fees and payment will be addressed by the agreement entered into with such third party. Should User no longer be authorised under the third party services agreement to utilise the Site and/or the App, Lightstone Auto reserves the right to claim the fees for User’s usage directly from User.
    3. Lightstone Auto shall not be obliged to refund a User’s fee(s) for any reason whatsoever.
    4. Lightstone reserves the right to change and amend the prices and rates quoted on the Site or the App at any time and from time to time without notice.
  5. DELIVERY POLICY
    1. All of the Lightstone Auto products and services available via the Site are delivered online in HTML format and can be exported to .pdf format for storage, printing and e-mailing purposes.
    2. Only some of the products and services available through the App may be exported and/or downloaded, and these are clearly indicated in the App. Should User wish to download and/or export any information obtained through the App that is not directly available for download through the App, User is required to do so via the Site.
  6. REGISTERING, ACCESS TO SITE, PASSWORD, USERNAME AND PRIVACY
    1. Prior to making use of the services available on the Site and/or the App, User is required register on the Site and/or the App, which will require providing Lightstone Auto with personal information which may include without limitation, User’s name, email address, physical address and age. User must ensure that all the details provided are true and correct. Lightstone Auto shall not be liable for any expenses, costs or damages incurred as a result of incorrect details provided by User. Lightstone Auto assures its Users that it respects their privacy and is committed to safeguarding their privacy online. Lightstone Auto shall protect the personal information of Users and shall comply with the Protection of Personal Information Act (“POPI”) in this regard. Lightstone Auto’s comprehensive privacy policy can be accessed here, and forms part of these Terms.
    2. Once User has registered on the Site or the App, User shall be provided with a username and password, as allocated to User by Lightstone Auto. Such username and password shall be required for User to access the various protected areas of the Site and the App, which are exclusive to the registered Users of Lightstone Auto.
    3. On registering as a user of Lightstone Auto, User agrees and warrants that User’s username and password shall be used for User’s personal use only and shall not be disclosed to any third party. In the event of any third party acquiring or having unauthorised use of User’s username or password, User shall notify Lightstone Auto immediately. User shall thereafter refrain from making use of the Site’s and the App’s services until such time that a new username and password has been allocated to User by Lightstone Auto. Unless and until User has notified Lightstone Auto of any unauthorised use or suspected unauthorised use of User’s username or password, User shall be fully liable for any actions undertaken using User’s username and/or password.
  7. DISCLAIMER

    It is expressly recorded and agreed that any service available on the Site or the App, or information gathered from the Site or the App, is not intended to constitute legal, financial, accounting, tax, investment, consulting or other professional advice or services. Before making any decision based on the information gathered from or through the Site or the App, User should seek advice from a qualified professional advisor.

  8. CONTENT OF THE SITE AND THE APP
    1. Lightstone Auto reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Site and/or the App and any information or content on the Site and/or the App.
    2. Lightstone Auto reserves the right to change and amend the prices and rates quoted on the Site and/or the App at any time and from time to time without notice.
    3. Lightstone Auto may use the services of and information obtained from other organisations to provide information on the Site and the App. Lightstone Auto does not control this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. User agrees that such information is provided “as is” and that Lightstone Auto and its online partners shall not be liable for any losses or damages that may arise from User’s reliance on it, howsoever these may arise.
    4. Lightstone Auto makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Site and/or the App. In addition, and without limiting the generality of the aforegoing:
      1. Lightstone Auto does not warrant that the Site, the App, the information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Lightstone Auto expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
      2. Whilst Lightstone Auto has taken reasonable measures to ensure the integrity of the Site, the App and their contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site or the App are free of viruses, Trojans, time bombs, time-locks or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
      3. Lightstone Auto disclaims any responsibility for the verification of any claims. Information published on or through the Site and/or the App may be done so in the format in which Lightstone Auto receives it and statements from external parties are accepted as fact.
  9. LINKED THIRD PARTY WEBSITE AND THIRD PARTY CONTENT
    1. Lightstone Auto may provide links to third party sites on the Site and/or the App. These links are provided to User for convenience purposes only and Lightstone Auto does not endorse, nor does the inclusion of any link imply Lightstone Auto’s endorsement of, such sites, their owners, licensees or administrators or such sites’ content or security practices and operations.
    2. While Lightstone Auto seeks to provide links only to reputable sites or online partners, Lightstone Auto cannot accept responsibility or liability for the information provided on other sites. Linked websites or pages are not under, nor subject to, the control of Lightstone Auto. Lightstone Auto is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Site.
    3. User agrees that Lightstone Auto shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access to any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Site. Any dealings User has with any linked websites, including advertisers, found on the Site are solely between User and the third party site.
  10. LINKING AND FRAMING
    1. Without the prior written approval of Lightstone Auto (which approval, or conditional approval, may be withheld in Lightstone Auto’s sole discretion), User may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”) to this Site, the App or any subsidiary pages or applications.
    2. An application for linking must be submitted to Lightstone Auto at support@lightstoneauto.co.za. Lightstone Auto shall take reasonable steps to respond and enter into further discussions with User regarding the application. If no written response is received from Lightstone Auto within 7 (seven) days, the request shall be deemed to be rejected.
  11. USAGE RESTRICTIONS

    User hereby agrees that it shall not itself, nor through a third party:

    1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any portion of the Site and/or the App for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
    2. decompile, disassemble or reverse engineer any portion of the Site and/or the App;
    3. collect service listings, descriptions or other information displayed on the Site and/or the App;
    4. write and/or develop any derivative of the Site or the App or any other software program based on the Site or the App;
    5. modify or enhance the Site or the App. In the event of User effecting any modifications or enhancements to the Site or the App in breach of this clause, such modifications and enhancements shall be the property of Lightstone Auto;
    6. without Lightstone Auto’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Site or the App by persons other than User;
    7. remove any identification, trademark, copyright or other notices from the Site or the App; and
    8. notwithstanding anything contained to the contrary in these Terms, use the Site or the App for any purpose other than pure information purposes only.
  12. ADDITIONAL TERMS PERTAINING TO EZSCORE
    1. EzScore has specific additional terms and conditions applicable to its use. EzScore is designed to provide broad high-level information regarding the creditworthiness and affordability level of a consumer, so as to assist users (which for purposes of this section of the Terms shall mean any person that uses EzScore) in determining whether to proceed with the sale and financing of assets (including property and vehicles).
    2. Given the nature of the information generated by EzScore, User hereby acknowledges that he is fully aware that he may only utilise EzScore to generate a report about a specific consumer with that consumer’s express consent. The consent must be given by the consumer in person and directly to User at the time when the EzScore report is being requested.
    3. On each occasion when an EzScore report is being requested, User will need to ask for the consumer’s express consent thereto. User must specifically ask the consumer to consent to each action and/or purpose indicated on EzScore (which may be changed from time to time, but will clearly appear on the screen for completion). For example, the consumer will be required to consent to:
      1. User scanning the consumer’s driver’s licence to generate an EzScore report;
      2. User using the information generated by EzScore to pre-populate forms (if necessary) in the vehicle purchase and finance application process;
      3. User using the information generated by EzScore to verify address and/or other contact details;
      4. User using the information generated by EzScore to obtain information about the consumer’s creditworthiness and affordability level;
      5. User providing the information generated by EzScore to the relevant banks and/or financial institutions to facilitate the finance application process.
    4. Should the consumer fail and/or refuse to provide the requisite consent to User, User understands and accepts that he may not, under any circumstances whatsoever, use EzScore to generate a report on such a consumer.
    5. User further acknowledges and understands that proceeding to obtain an EzScore report without the required consent will amount to User having misrepresented the requisite consent, which would be a fraudulent misrepresentation. Should Lightstone Auto discover that any such fraudulent misrepresentation has occurred, User’s access to EzScore will immediately be revoked and User’s fraudulent conduct will be reported to the authorities to take the necessary action.
    6. User may only use the information obtained from an EzScore report for the purpose for which it was specifically generated (as disclosed to the consumer at the time) and in respect of which the consumer gave express consent. User may not use the information for any other reason whatsoever, including for marketing purposes or for use in any other data compilation.
  13. SECURITY
    1. In order to ensure the security and reliable operation of the services to all Lightstone Auto Users, Lightstone Auto hereby reserves the right to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications.
    2. User may not utilise the services and/or Site and/or the App in any manner which may compromise the security of Lightstone Auto’s networks or tamper with the services or the Site or the App in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Site or the App, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Site or the App, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Lightstone Auto suffer any damage or loss, whether directly or indirectly, as a result thereof, civil damages shall be claimed by Lightstone Auto against User.
    3. Should User commit any of the offences detailed in Chapter 13 of the ECT Act (specifically sections 85 to 88 (inclusive)) User shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Lightstone Auto and its affiliates, agents and/or partners.
  14. INTELLECTUAL PROPERTY RIGHTS
    1. For the purpose of this clause, the following words shall have the following meanings ascribed to them:
      1. “copyright” means whether existing now or in the future, in and to, the software including without limitation, designs and documentation relating thereto;
      2. “intellectual property rights” means all intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Lightstone Auto, including without limitation, Lightstone Auto’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright relating to the software, whether registered or not.
    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, private information, designs, agreements, and multimedia works, published on or via the Site or the App, are the property of, or are licensed to, Lightstone Auto and as such are protected from infringement by local and international legislation and treaties.
    3. All rights not expressly granted are reserved. The copyright in all content, information and logos vesting in the Site and/or the App shall continue to vest in Lightstone Auto and no right, title or interest in any proprietary material or information contained in the Site or the App is granted to User.
    4. Except with Lightstone Auto’s express written permission and/or in specific accordance with these Terms, no logo, graphic, sound or image from the Site and/or the App may be copied or retransmitted.
    5. Irrespective of the existence of copyright, User acknowledges that Lightstone Auto is the proprietor of all material on the Site and the App (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that User has no right, title or interest in any such material.
    6. Lightstone Auto authorises User only to view, copy, temporarily download to a local drive and to print the content of the Site and/or the App, or any part thereof, provided that such content is used for information purposes only.
  15. RISK, LIMITATION OF LIABILITY AND INDEMNITY
    1. User’s use of this Site and/or the App and the information contained on the Site and the App is entirely at User’s own risk and User assumes full responsibility and risk of loss resulting from the use thereof.
    2. The transmission of information via the internet, including without limitation via a mobile application and via email, is susceptible to monitoring and interception. User bears all risk of transmitting information in this manner. Under no circumstances shall Lightstone Auto be liable for any loss, harm, or damage suffered by User as a result thereof. Lightstone Auto reserves the right to request independent verification of any information transmitted via the Application and/or via email and User consents to such verification should Lightstone Auto deem it necessary.
    3. To the extent permissible by law:
      1. Neither Lightstone Auto, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Site or the App or any functionality thereof, or the information contained on the Site or the App, or of any linked website or application, even if Lightstone Auto knows or should reasonably have known or is expressly advised thereof.
      2. The liability of Lightstone Auto for faulty execution of the Site or the App as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Site or the App shall be limited to Lightstone Auto rectifying the malfunction, within a reasonable time and free of charge, provided that Lightstone Auto is notified immediately of the damage or faulty execution of the Site or the App, as the case may be. This liability shall fall away and be expressly excluded if User attempts to correct or allows third parties to correct or attempt to correct the Site or the App without the prior written approval of Lightstone Auto. However in no event shall Lightstone Auto be liable to User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Site or the App, or their use or the delivery, installation, servicing, performance or use of them in combination with other computer software and/or applications.
      3. User hereby unconditionally and irrevocably indemnifies Lightstone Auto and agrees to hold Lightstone Auto free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Lightstone Auto or instituted against Lightstone Auto as a direct or indirect result of:
        1. User’s use of the services contained on the Site or the App;
        2. Software, programs and support services supplied by, obtained by or modified by User or any third party without the consent or knowledge of Lightstone Auto;
        3. User’s failure to comply with any of the Terms or any other requirements which Lightstone Auto may impose from time to time;
        4. The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; and/or
        5. Any unavailability of, or interruption in, the service which is beyond the control of Lightstone Auto.
      4. Any information provided Lightstone Auto to the User shall in no way be construed as Lightstone Auto’s opinion on the solvency, financial standing, integrity or motives of the parties reported upon, but merely reflects an analysis of certain information compiled by Lightstone Auto from various sources, including without limitation the records of the courts of the republic of South Africa.
      5. Lightstone Auto makes no warranty or representation as to the availability, accuracy or completeness of the content of the Site or the App. User expressly waives and renounces all its rights of whatever nature that it may have against Lightstone Auto for any loss suffered by User, as a result of information supplied by Lightstone Auto being incorrect, incomplete or inaccurate.
      6. User acknowledges that the information supplied Lightstone Auto is published/made available for information purposes only and that any action taken by User pursuant to that information is taken at the sole risk of User.
  16. CONFIDENTIALITY
    1. By subscribing as a User of Lightstone Auto, User agrees that User shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the services, save where such information is disclosed in accordance with the legitimate intent and purpose of the services available on the Site and the App.
    2. User shall notify Lightstone Auto immediately should User discover any loss or unauthorised disclosure of the information.
    3. Any information or material sent to Lightstone Auto will be deemed not to be confidential, unless otherwise agreed in writing by User and Lightstone Auto. Notwithstanding the aforegoing, any information or material sent to or transmitted through Lightstone Auto will always be handled by Lightstone Auto in accordance with the applicable provisions of POPI.
  17. TERMINATION OF USER ACCOUNT
    1. A User may terminate his/her Lightstone Auto user account at any time on providing Lightstone Auto with thirty days’ written notice of such termination.
    2. User must ensure that User uses his account at least once every 6 (six) months. If User does not use his account over the course of that period, it shall be assumed that User’s account is no longer active and Lightstone Auto reserves the right to deactivate User’s account.
  18. BREACH; CANCELLATION BY LIGHTSTONE AUTO
    1. Lightstone Auto is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, cancel User’s Lightstone Auto account and/or licence, limit or deny such User use of the Site, the App and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Lightstone’s right to claim damages, should User:
      1. breach any of these Terms;
      2. in the sole discretion of Lightstone Auto, use the Site or the App in an unauthorised manner; or
      3. infringe any statute, regulation, ordinance or law.
    2. Breach of these Terms entitles Lightstone Auto to take legal action without prior notice to User and User agrees to reimburse the costs associated with such legal action to Lightstone Auto on an attorney and own client scale.
  19. COMPLIANCE WITH SECTION 43(1) OF ECT ACT

    In compliance with section 43(1) of the ECT Act, the following is noted:

    1. Full name: Lightstone Auto, a division of Lightstone Proprietary Limited
    2. Registration number: 2010/018608/07
    3. Physical address: 3rd Floor, Centurion Square, Cnr Gordon Hood and Heuwel Roads, Centurion
    4. Fax number: +27 (11) 244 8416
    5. Telephone number: +27 (0) 87 236 7740
    6. Website address: auto.lightstone.co.za
    7. e-mail address: support@lightstoneauto.co.za
    8. Names of office bearers: D McCann, DA Hutcheson
    9. Registered at: Pretoria

    User may view a full record of User’s transactions, as well as update or change information related to User account(s) by accessing the User-relevant account page on the Site or through the App with User’s username and password.

  20. GENERAL COMPLIANCE WITH LAWS

    User shall comply with all applicable laws, statues, ordinances and regulations pertaining to User’s use of the services and the accessing of this Site.

  21. NOTICES

    Except as explicitly stated otherwise, any notices to Lightstone Auto shall be given by email to support@lightstoneauto.co.za and to User at the email address User provided to Lightstone Auto during the registration process or such other address as either Party may specify. Notice shall be deemed given 48 hours after email is sent, unless the sending Party is notified that the email address is invalid. Notice may also be given by registered mail, in which case, notice shall be deemed given 7 days after the date of mailing. User acknowledges that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a Party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.

  22. DISPUTES
    1. Save in respect of those provisions of these Terms which provide for their own remedies or which would be incompatible with arbitration, in the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of these Terms (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be submitted to and decided by arbitration to be held with only the parties and their representatives present at Sandton, Gauteng, Republic of South Africa.
    2. It is the intention that the arbitration shall, where possible, be held and concluded in 21 (twenty one) days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
    3. Save as expressly provided in these Terms to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in the Republic of South Africa.
    4. The arbitrator shall be an impartial practising attorney of not less than 10 (ten) years' standing appointed by the parties or, failing agreement by the parties within 14 (fourteen) days after the arbitration has been demanded, at the request of either of the parties shall be nominated by the President for the time being of the Law Society of the Northern Provinces (or the successor body thereto). If that person fails or refuses to make the nomination, either party may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
    5. The parties shall keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated herein.
    6. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
    7. The provisions of this clause are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
    8. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
    9. Save where expressly provided elsewhere in these Terms that User shall be liable for Lightstone Auto’s legal costs, each party shall pay their own arbitration costs, which they incur with their own legal advisors in respect of the negotiations, preparation for and conclusion of the arbitration proceedings. Any joint costs, such as those of the arbitrator, shall be born jointly and equally by the parties.
  23. GENERAL CLAUSES
    1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed entirely within South Africa.
    2. The Site and the App (where applicable) is controlled, operated and administered by Lightstone Auto from its offices within the Republic of South Africa. Lightstone Auto makes no representation that the content of the Site is appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the content of the Site is illegal is prohibited. Users may not use this Site in violation of South African export laws and regulations. If the user accesses this Site from locations outside of South Africa, that user is responsible for compliance with all local laws.
    3. Lightstone Auto does not guarantee continuous, uninterrupted or secure access to its services, as operation of its Site may be interfered with as a result of a number of factors which are outside of its control.
    4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced.
    5. Lightstone Auto’s failure to act with respect to a breach by User or others does not constitute a waiver of Lightstone Auto’s right to act with respect to subsequent or similar breaches.
    6. User shall not be entitled to cede its rights or assign its rights or delegate its obligations in terms of these Terms to any third party without the prior written consent of Lightstone Auto.
    7. Lightstone Auto shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    8. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
    9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
    10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
    11. When any number of days is prescribed in these Terms, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday as officially proclaimed in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
    12. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they shall operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
    13. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
    14. Expressions defined in these Terms shall bear the same meanings in schedules or annexures to these Terms which do not themselves contain their own conflicting definitions.
    15. These Terms set forth the entire understanding and agreement between Lightstone Auto and the User with respect to the subject matter hereof.


Latest update: 15 February 2017