1. Introduction
1.1. This agreement constitutes the Standard Terms and Conditions (STC) and regulates the terms of use of the Tiger Web Portal or Tiger Mobile App.
1.2 Tiger Web Portal or Tiger Mobile App are introduced by Tiger Wheel & Tyre and include any products added at the discretion of Tiger Wheel & Tyre
1.3 In this agreement, where We use ‘Us’, ‘We’, ‘Our’, the ‘Company’ We mean Road Protect (Pty) Ltd who is the service provider and administrator of the Tiger Web Portal or Tiger Mobile App, and where We make reference to ‘You’, We mean You the user who has access to use the Tiger Web Portal or Tiger Mobile App.
1.4 The STC will be applicable to registered and non-registered Tiger Advantage Plus members, unless stated otherwise. 1.5 Use of the Tiger Web Portal or Tiger Mobile App is also subject to Our privacy policy. 1.6 By using the Tiger Web Portal or Tiger Mobile App, you agree that You have read, understood and regard the STC and privacy policy as binding on You.
2. Important Notice
2.1. These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008(the “CPA”), where applicable
2.2. These STC’s contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit Our risk or liability;
2.2.2. may create a risk or a liability for You; and/or
2.2.3.may compel You to indemnify Us; and/or
2.2.4. serves as an acknowledgement, by You, of a fact.
2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4. If there is any provision in these STC’s that You do not understand, it is Your responsibility to ask Road Protect or Tiger Wheel & Tyre to explain it
to You before You accept the Terms and Conditions or continue using the Tiger Web Portal or Tiger Mobile App
2.5. Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either You or Road Protect in terms of the CPA or any other act or applicable law.
2.6. Road Protect permits the use of the Tiger Web Portal or Tiger Mobile App subject to these STC’s. By using the Tiger Web Portal or Tiger Mobile App in any way, You shall be deemed to have accepted all the STC’s unconditionally. You must not use the Tiger Web Portal or Tiger Mobile App if You do not agree to the STC’s.
3. Registration on and use of the Tiger Web Portal or Tiger Mobile App
3.1. To register, You must provide a unique username and password and provide certain information and personal details to Us. You will need to use Your unique username and password to access the Tiger Web Portal or Tiger Mobile App .
3.2. You agree and warrant that Your username and password will:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. For security purposes you agree to enter the correct username and password whenever using the Tiger Web Portal or Tiger Mobile App , failing which you will be denied access.
3.4. You agree that, once the correct username and password relating to Your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold Road Protect or Tiger Wheel & Tyre liable for any damage and or loss of whatsoever nature because of the unauthorised use of Your log in details.
3.5. You agree to notify Us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of Your username and password and to take steps to mitigate any resultant loss or harm.
3.6. By using the Tiger Web Portal or Tiger Mobile App you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Tiger Web Portal or Tiger Mobile App only with the involvement and supervision of Your parent or legal guardian. If Your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these.
STC’s and to be liable and responsible for you and all Your obligations under these STC’s.
3.7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Tiger Web Portal or Tiger Mobile App, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Tiger Web Portal or Tiger Mobile App or the information contained therein, without the prior written consent from an authorized representative within Our company.
3.8. You may not in any way display, publish, copy, print, post or otherwise use the Tiger Web Portal or Tiger Mobile App and/or the information contained therein without the express prior written consent from an authorized representative within Our company.
4. Consent to obtain personal information
4.1 You concede that, to provide the services offered on the Tiger Web Portal or Tiger Mobile App , it may be necessary for Us to obtain information of a personal nature, other than information you specifically provide during registration and when using the Tiger Web Portal or Tiger Mobile App
4.2 You hereby give Us the necessary permission in order to access certain third-party databases (such as NATIS, credit bureau’s and other similar databases) and obtain the information that may be necessary to provide you with the offered services, subject to the conditions stated in the Privacy Policy.
5.Payment
5.1. Where We offer you facilities to make payments through the Tiger Web Portal or Tiger Mobile App, we do so using a third-party service provider. It is Your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment. 5.2. In addition to any other indemnity provided for in this agreement, you specifically indemnify Us from any loss, damage or expense that you may incur by Your use of the third-party payment system. 5.3. Whenever you make payment using a credit card, cheque card or other recognized bank card, you warrant that you are the owner of the card, alternatively that you have permission from the owner to use the card.
6.Errors
6.1. We do not warrant the accuracy or completeness of any third-party content used on the Tiger Web Portal or Tiger Mobile App
7.Changes to these STC’s
7.1. We may, in Our sole discretion, change any of these STC’s at any time. It is Your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the Tiger Web Portal or Tiger Mobile App and de-register or cancel Your account and any other products that might be linked to such account.
7.2. Any such change will only apply to Your use of the Tiger Web Portal or Tiger Mobile App after the change is displayed on the Tiger Web Portal or Tiger Mobile App If you use the Tiger Web Portal or Tiger Mobile App after such amended STC’s have been displayed on the Tiger Web Portal or Tiger Mobile App, you will be deemed to have accepted such changes.
8.Electronic communications
8.1. When you visit the Tiger Web Portal or Tiger Mobile App or send emails to Us, you consent to receiving communications from Us or any of Our related and inter-related companies and third parties electronically in accordance with Our privacy policy.
9.Ownership and copyright
9.1. The contents of the Tiger Web Portal or Tiger Mobile App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Tiger Web Portal or Tiger Mobile App (“Tiger Web Portal or Tiger Mobile App”) are protected by law, including but not limited to copyright and trade mark law. The Tiger Web Portal or Tiger Mobile App Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to Road Protect.
9.2. You will not acquire any right, title or interest in or to the Tiger Web Portal or Tiger Mobile App or Tiger Web Portal or Tiger Mobile App Content.
9.3. Any use, distribution or reproduction of the Tiger Web Portal or Tiger Mobile App Content is prohibited unless expressly authorized in terms of these STC’s or otherwise provided for in law.
9.4. Where any of the Tiger Web Portal or Tiger Mobile App Content has been licensed to Us or belongs to any third party, Your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.
10.Disclaimer
10.1. The use of the Tiger Web Portal or Tiger Mobile App is entirely at Your own risk and you assume full responsibility for any risk or loss resulting from use of the Tiger Web Portal or Tiger Mobile App or reliance on any information on the Tiger Web Portal or Tiger Mobile App.
10.2. Whilst We take reasonable measures to ensure that the content of the Tiger Web Portal or Tiger Mobile App is accurate and complete, We make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Tiger Web Portal or Tiger Mobile App or as to the accuracy, completeness or reliability of any information on the Tiger Web Portal or Tiger Mobile App. If any such representations or warranties are made by Our representatives, We shall not be bound thereby.
10.3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with Your access to or use of the Tiger Web Portal or Tiger Mobile App /or any content therein unless otherwise provided by law.
10.4.In addition to the disclaimers contained elsewhere in these STC’s, We also make no warranty or representation, whether express or implied, that the information or files available on the Tiger Web Portal or Tiger Mobile App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of Your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or Your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Us , its employees, agents or authorized representatives. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with Your access to or use of the Tiger Web Portal or Tiger Mobile App
11.Linking to third party through the Tiger Web Portal or Tiger Mobile App
11.1. The Tiger Web Portal or Tiger Mobile App may contain links or references to other Websites (“Third Party Websites”) which are outside of Our control, including those of advertisers. These STC’s do not apply to those Third-Party Websites and We are not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the Tiger Web Portal or Tiger Mobile App may refer to or provide links to Third Party Websites, Your use of such Third-Party Websites is entirely at Your own risk and We are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from Your use of such Third-Party Websites or Your reliance on any information contained thereon.
12.Limitation of liability
12.1. We shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your use of, or reliance upon, the Tiger Web Portal or Tiger Mobile App, or the content contained in the Tiger Web Portal or Tiger Mobile App; or Your inability to use the Tiger Web Portal or Tiger Mobile App, and/or unlawful activity on the Tiger Web Portal or Tiger Mobile App and/or any linked Third Party Websites.
12.2. You hereby indemnify Us against any loss, claim or damage which may be suffered by Yourself or any third party arising in any way from Your use of the Tiger Web Portal or Tiger Mobile App and/or any Third-Party Websites.
13.Availability and termination
13.1. We will use reasonable endeavours to maintain the availability of the Tiger Web Portal or Tiger Mobile App, except during scheduled maintenance periods, and are entitled to discontinue providing the Tiger Web Portal or Tiger Mobile App or any part thereof with or without notice to you.
13.2. We may in Our sole discretion terminate, suspend and modify the Tiger Web Portal or Tiger Mobile App, with or without notice to you. You agree that We will not be liable to you if it chooses to suspend, modify or terminate the Tiger Web Portal or Tiger Mobile App, other than for processing any transactions made by you prior to such time, to the extent.
possible.
13.3. If you fail to comply with Your obligations under these STC’s, this may (in Our sole discretion with or without notice to you) lead to a suspension and/or termination of Your access to the Tiger Web Portal or Tiger Mobile App without any prejudice to any claims for damages or otherwise that We may have against you. 13.4. At any time, you can choose to stop using the Tiger Web Portal or Tiger Mobile App, with or without notice to Us.
14.Governing law and jurisdiction
14.1. These STC’s and Our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Tiger Web Portal or Tiger Mobile App will constitute Your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these STC’s.
14.2. Nothing in this clause or the STC’s limits Your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15.General
15.1. We may, in Our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Tiger Web Portal or Tiger Mobile App, or suspend or terminate Your right to use the Tiger Web Portal or Tiger Mobile App or any of its contents subject to us processing any orders then already made by You.
15.2. You may not cede, assign or otherwise transfer Your rights and obligations in terms of these STC’s to any third party.
15.3. Any failure on the part of You or Us to enforce any right in terms hereof shall not constitute a waiver of that right.
15.4. If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.
15.5. No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
15.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any.
of its rights against the grantee which may have arisen in the past or which might arise in the future.
15.7. These STC’s contain the whole agreement between You and Us and no other warranty or undertaking is valid, unless contained in this document between the parties.