| Disclaimer and Terms of Use Policy | ||||||||||||
| By visiting this site you are deemed to have read and agreed to the terms and conditions of the disclaimer and privacy policy as set out below
DISCLAIMER & TERMS OF USE POLICY 1. If you are not 18 years old or older, you may NOT subscribe to this website and the services contained therein. You agree that, should any dispute arise between you and LIFTLINK.CO.ZA (hereinafter referred to as “LIFTLINK”, or “our” or “we” or “us”), South African law shall apply to the dispute. You also hereby consent to the jurisdiction of the High Court of South Africa. 2. The service offered on our website is the compilation and distribution of information from and to subscribers, with a view to subscribers contacting each other directly in order to arrange for the sharing of mutually convenient transport (hereinafter referred to as a “lift”). If subscribing to the service provided on our website with a view to offering a lift to other persons, you confirm that you are the holder of a valid South African driver’s licence. 3. The information, software, products and services included in, or available on, our website may include inaccuracies or typographical errors. This includes information submitted to the website by subscribers. Changes are periodically made to our website and to the information contained in our website. We reserve the right to make improvements and/or changes to the website at any time and without notice. Information or advice received via our website, or from LIFTLINK directly, or from other subcribers or visitors to our website, whether it be online, in person, telephonically by or any other means, should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information obtained, either directly or indirectly, through LIFTLINK, its subscribers or visitors or any other persons related thereto. 4. LIFTLINK makes no representations about the suitability, reliability, availability, timeousness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within our website. All such information, software, products, services and related graphics are provided “as is”, without warranty of any kind. LIFTLINK hereby disclaims all warranties and conditions with regard to such information, software, products, services and related graphics, including all implied warranties and implied guarantees. 5. LIFTLINK wishes to bring to your attention the fact that, if you have formed a lift club with one of our other subscribers and, while commuting together, are involved in a motor vehicle accident where you or one of the other subscribers are injured, that the driver may be liable for the injuries and damages caused to the other subscribers travelling in the vehicle as a result of his negligence. Normally persons travelling in a vehicle which is involved in such an accident will have a claim against the Road Accident Fund. However, Section 18 of the Road Accident Fund Act specifically states that the liability of the Fund is limited to R25 000 in respect of any bodily injury or death of any person who at the time of the occurrence of the collision was travelling in a motor vehicle for the purposes of a lift club. Accordingly, the other subscribers will only have a restricted claim in the amount of R25 000 against the Road Accident Fund and will have to recover any further damages or claims for injury, from the driver who negligently caused the collision. Accordingly, LIFTLINK strongly suggests that all subscribers who are drivers in a lift club have adequate insurance to cover their liability in the event of a collision where one of the other subscribers, or passengers, may be injured or hurt. Please contact your insurance broker or advisor for more detailed information in this regard. 6. LIFTLINK is only responsible for putting subscribers in touch with one another for purposes of facilitating mutually convenient lifts. We are in no way involved in the process of making arrangements for a lift once the contact details of one subscriber have been obtained by another using our website, nor do we have any control over the actions of our subscribers after we have furnished a subscriber with the contact details of other subscribers via our website. It is your responsibility to make all the necessary arrangements for your lift, whether you are offering a lift to another subscriber, or accepting a lift from another subscriber. 7. LIFTLINK makes no representations about the suitability, reliability, availability or safety of lifts provided by its subscribers. If you arrange a lift with another subscriber, it is entirely your responsibility to ensure your own safety before, during and after the lift. Should you not be comfortable, or should you feel unsafe with the subscriber with whom you have arranged a lift, we strongly suggest that you make alternative arrangements. 8. Payment is made to LIFTLINK for the provision of a service as described in paragraph 2 above. LIFTLINK does not arrange lifts, nor does it become involved in any way whatsoever in ensuring that lifts arranged between subscribers are executed timeously, or that payments relating to such lifts are made from one subscriber to another. LIFTLINK can therefore not be held responsible for any consequences whatsoever which may arise as a result, either directly or indirectly, from any lift in which you may be involved in any way. Similarly, refunds of subscription fees cannot be given for lifts which, for which ever reason, are not completed or which do not take place. 9. By accessing our website, you are agreeing to the terms of this document. You specifically agree that LIFTLINK shall not be responsible for any unauthorised access to, or alteration of, your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into or through our website. You agree not to post any message containing, or otherwise use, any obscene or offensive language or post anywhere else on or through our website any material that is an invitation to money making schemes, defamatory, pornographic, racist, abusive or a hateful statement, information which constitutes junk mail or unauthorised advertising or harassment, information which invades anyone’s privacy or encourages conduct that would constitute a criminal offence, or which gives rise to civil liability, or otherwise violates any local, national or international law or regulation. You agree to use our website and the service provided therein only for lawful purposes. You furthermore specifically agree that LIFTLINK is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct or any infringement of another’s rights, including intellectual property rights. You specifically agree that LIFTLINK is not responsible for any content or information sent or received via our website by any third party. 10. LIFTLINK does not actively monitor, nor does it exercise any editorial control over, the content of its website, specifically the correctness of information published on the website by other subscribers. This means that, while we do our utmost to provide you as a subscriber with the correct contact details of other subscribers in order to facilitate lifts, we cannot be held liable for any damage which may occur as a result of incorrect or false information displayed on our website. 11. Under no circumstances shall LIFTLINK be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages in respect of patrimonial or emotional loss which are connected in any way, whether direct or indirect, with the use of the service offered by way of our website. 12. By agreeing to the content of this document you confirm that you understand the nature of our service. You also confirm your understanding and agreement that LIFTLINK cannot be held liable, in any way, for patrimonial, emotional, consequential or related damages, whether directly or indirectly which may occur as a result of you contacting one of our subscribers and arranging to provide, or request, a lift. You agree that LIFTLINK is not in control of your actions when meeting with other subscribers, or when making use of lifts provided by other subscribers, or when offering lifts to other subscribers and cannot be held liable or responsible for the consequences of your actions. You hereby indemnify LIFTLINK without reservation or condition, from all such damages as mentioned above. 13. As stated above, we do not actively monitor, nor we exercise any editorial control over, the content of our website or messages or other material or information created or accessible through our website. However, we reserve the right to remove any material we become aware of that is, in our sole discretion or opinion, potentially illegal, could subject us to liability, violate this policy, or which is otherwise inappropriate. 14. You acknowledge that you are expressly prohibited from using our website, or any service provided therein, in connection with data mining of' any kind, commercial use, the sending of unsolicited electronic mail (SPAM) or other forms of messages, whether commercial or not, to a more than average number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of our website. 15. You agree to refrain from revealing your login details, including your password, to other subscribers, visitors or any other persons whatsoever, allowing such persons to use your password and login details. You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing through our website, distributing viruses to, from, or through our website and allowing access to our website through your password.
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