Terms and Conditions J Bay Cabs

Terms and Conditions

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Serving JBay since 2005

Access to and use of the All Africa Advenntures cc / J Bay Cabs PTY/LTD from here on refered to as JBay Cabs Platforms are subject to the following terms of use. "Platforms" refers to our websites and all our mobile sites, mobile apps, social media platforms or any other technology or mechanism you may use to interact with us.

This Platform is provided for your information and entertainment, and we hope you enjoy using it. Please browse the Platform and make use of its various features, but please be aware that your use of the Platform is subject to the following Terms of Use (defined below). If you do not agree to these Terms of Use, please do not use this Platform.

JBay Cabs is not acting as an intermediary as defined in the Consumer Protection Act (Act 68 of 2008).

It is also important that you consider the following JBay Cabs policies that you can access on this Platform:

Cookie policy

(collectively, the "Terms of Use")

1. Ownership and Operation

This Platform belongs to JBay Cabs (“JBay Cabs”, “we” and “our”), which is a member of the J Bay Cabs Group of companies.

2. Agreement to be bound by these Terms of Use

Your use of this Platform and any applications, software, data, products, competitions, prize draws, and any other services provided to you on, or from, or through the Platform by JBay Cabs (collectively called the “Services”), is subject to the terms of a legal agreement between you and JBay Cabs. In addition to the Terms of Use, the legal agreement is made up of (i) the Privacy Policy (ii) the Cookie Policy and (ii) the Legal Notice (collectively called the “JBay Cabs Policies”). To the extent of any conflict between the Terms of Use and any other JBay Cabs Policies, the Terms of Use shall prevail.

3. Continuing Agreement

You agree that we may change or revise these Terms of Use from time to time by updating this posting, and that such changes or revision will take effect immediately upon our posting, so please visit this area each time you visit the Platform to keep up to date with the current Terms of Use. Your use of the Platform reaffirms your continuing agreement to the then-current Terms of Use.

4. Eligibility and Access

You may not use the Platform and may not accept the Terms of Use if

(a) you are under 18 years of age, or

(b) you are barred or otherwise legally prohibited from using or accessing the Platform under the laws of the country in which you are resident.

Access to certain parts of the Platform and/or specific Services may be limited to Members. See the section entitled Registration below. In each case, we will clearly identify those parts of the Platform or those Services where access is limited and the applicable terms of use.

Access to the Platform is permitted on a temporary basis, and JBay Cabs reserves the right in its sole discretion to modify or discontinue the Platform or specific portions of it without notice to you. We will not be liable if for any reason if our Platform is unavailable at any time or for any period.

Subject to applicable law, we reserve the right to suspend or terminate access to the Platform and/or the Services without notice for failure to comply with the Terms of Use or the JBay Cabs Policies, for infringing copyright or any other intellectual property right, or for any other reason (including repeat minor offences). The decision to terminate an individual’s access to the Platform or the Services will be final and binding.

5. Registration

If you are invited to register, JBay Cabs will ask you to provide information which is personal to you, such as your name, address, email address, mobile telephone number, date of birth and/or gender.

As part of the registration process, you may be asked to select a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure. If you become aware of any breach of security or unauthorised use of your username or password, you must notify JBay Cabs immediately.

You agree to provide accurate and complete information when registering and using the Platform and the Services, and you agree to keep your information up to date. You agree that JBay Cabs may store and use your information for the purposes envisaged under these Terms of Use and in relation to the services offered by the Platform.

All loyalty incentives associated with purchases directed through this Platform will accrue to the username and email address use to log in. Should the registered user leave the employment of the establishment, it is the establishment’s responsibility to update the registered user’s details on the Platform (create a new username and update the email address). Failure to update the registered user’s details will result in loyalty incentives associated with the username and email address being lost.

6. Privacy

JBay Cabs takes your privacy very seriously and will use and protect any personal information you provide on this Platform in accordance with our Privacy Policy. However, JBay Cabs is required to provide certain information to third party supplier to facilitate the orders directed through the Platform. We are not liable for how that third party supplier handles your private information, and any disputes in relation to this must be addressed to the third party supplier.

7. Removal of User Submissions

Without prejudice to our other rights under these Terms of Use or at law, JBay Cabs reserves the right in its absolute discretion and without prior notice to refuse to post, exclude or remove any User Submission [ws0063] from the Platform that violates the Terms of Use and/or the JBay Cabs Policies.

8. Identifying Users and Disclosing User Submissions to Third Parties

JBay Cabs will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing JBay Cabs to disclose the identity of anyone posting User Submissions. To the extent we can do so by law, we reserve the right to identify any user to third parties and/or disclose any User Submission or personal data to any third party claiming that a User Submission infringes their intellectual property rights or their right to privacy. We may also disclose such information if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or personal safety of JBay Cabs, its customers or the public.

9. Moderation

Although JBay Cabs is under no obligation to review or monitor User Submissions, JBay Cabs reserves the absolute right to do so in its sole discretion. In addition, JBay Cabs reserves the right at all times to alter, edit, refuse to post or remove any User Submissions from the Platform, in whole or in part, for any reason or for no reason and without prior notice. You agree that JBay Cabs does not have any obligation to use or respond to any User Submission.

10. Geographic Scope of the Platform

JBay Cabs controls and operates this Platform from South Africa. Unless otherwise specified on or by this Platform, this Platform is intended to promote only those JBay Cabs/third party products that are sold in South Africa, and JBay Deliveries makes no representation that materials in this Platform or the Products described thereby are appropriate or available for use in other locations. All visitors to this Platform are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Platform. You agree not to link to this Platform from a Platform not operated by JBay Cabs, unless you have obtained JBay Cabs prior written consent.

11. Links to Other Platforms

For your convenience and enjoyment, this Platform may provide links to other Platforms of third party suppliers that are not operated by JBay Cabs. JBay Cabs has no control over these Platforms and is not responsible for their availability. JBay Cabs does not endorse, approve or sponsor, nor is JBay Cabs responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites. JBay Cabs is not responsible for webcasting or any other form of transmission received from any linked site. In addition, JBay Cabs is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked Platforms.

12. Contents of the Platform Disclaimer

The material on the Platform (including any graphics, software, digital content, recommendations or other materials) and any material made available through the Platform is provided "as is" and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, JBay Cabs disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. JBay Cabs does not warrant or make any representations regarding the use or the results of the use of the material on the Platform in terms of its correctness, accuracy, reliability, or otherwise. The material on this Platform could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. JBay Cabs undertakes no obligation to verify or maintain the currency of such information.

13. Operation of the Platform Disclaimer

JBay Cabs endeavours to maintain this Platform and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Platform or its operation. As to the operation of the Platform, JBay Cabs expressly disclaims all conditions and warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. JBay Cabs makes no warranty that (i) the operation of the Platform will meet the user's requirements; (ii) access to the Platform will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Platform will be accurate or reliable; or (iv) defects will be corrected. You (and not JBay Cabs) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, harmful components, errors or any other problems whatsoever you may have as a result of visiting this Platform.

14. Limitation of Liability

To the extent required by applicable law, we do not limit in any way our liability for death or for personal injury caused by our negligence or for fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable law.

Subject to applicable law, under no circumstances shall JBay Deliveries, JBay Cabs Group companies, our licensors or licensees, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or other damages, including lost profits, personal injury (including death) and property damage, that may result from (a) the use of, or the inability to use, the Platform or any material on the Platform, (b) the conduct of any user of the Platform, whether in contract, tort (including negligence) or otherwise, (c) the supply or use of any products supplied or manufactured by a third party that are featured on the Platform.

JBay Cabs shall not be liable even if JBay Deliveries or an authorized representative of JBay Cabs has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component, or loss caused by a product supplied through the auspices of this Platform.

JBay Cabs assumes no responsibility or liability arising from the content of any User Submission or for any libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, infringement of intellectual property rights, error or inaccuracy contained in any User Submissions.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Unilever's total liability to you for damages, losses, and causes of action whether in contract, tort (including, negligence) or otherwise exceed the amount paid by you, if any, for accessing the Platform.

15. Indemnification

You hereby agree to defend, indemnify and hold JBay Cabs, J Bay Cabs Group companies and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the Platform, any use of your User Submissions as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder, and/or use of any third party suppliers or products featured on the Platform.

16. Termination

The Terms of Use and the JBay Cabs Policies are and shall remain effective until terminated. You may terminate these Terms of Use by ceasing to use the Platform and destroying any and all material obtained by you from the Platform. We may immediately terminate the Terms of Use and the JBay Cabs Policies, including your access to the Platform, if you breach or fail to comply with any material term or provision of the Terms of Use. Upon termination, you must discontinue use of the Platform and destroy any and all material obtained by you from the Platform.

17. Applicable Law and Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be governed by the laws of South Africa, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether in contract, tort (including negligence), statute or otherwise) will be brought exclusively in the High Court, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.

18. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

19. No Waiver

No failure on the part of JBay Cabs to enforce any part of these Terms of Use shall constitute a waiver of any of JBay Cabs rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by JBay Cabs nor the reliance of any person on JBay Cabs actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of JBay Cabs shall have any legal effect whatsoever.