Terms of service

TERMS OF USE

1. SCREAN is website and service provided by SCREAN SOUTH AFRICA (Pty) Ltd
2. These Terms of Use are the terms upon which SCREAN offers access to its website and services offered through the website. 
3. You are required to be 18 years or older to utilise any of the services offered. 
4. By accessing the website and/or creating or registering an account and/or interacting with the website and/or engaging the services we offer, you consent to be bound to these Terms of Use and to comply with them.
5. If you do not agree to these Terms of Use then you should not access or in any way use SCREAN.
   
   
   WHAT IS SCREAN
   
   
6. SCREAN provides a platform that allows persons interested in purchasing second-hand goods to connect with persons, referred to as SCREANERs, who may be in a position to assist them with viewing the goods in person and providing feedback on the goods prior to making a decision to purchase the goods. 
7. SCREAN provides, solely, the ability to link a PURCHASER and a SCREANER for the purposes of exploring a potential purchasing opportunity, and nothing further.
8. The ultimate decision to purchase the second hand goods at all time rests with the PURCHASER and at no time is the SCREANER acting on behalf of SCREAN, or as an agent for the PURCHASER, or on their behalf in concluding any purchase and sale transaction.
   
   
   THE SCREANER
   
   
9. The SCREANER is a person entirely independent of SCREAN who provides services to potential PURCHASERs, but who is engaged by SCREAN,  as a result of a reqeust made by a PURCHASER for the services rendered by SCREAN. 
10. The SCREANER is a person who has warranted to SCREAN that:
    10.1. they have no criminal record; and
    10.2. they have some experience with motor vehicles whether as a mechanic, car salesman, or car fanatic; or
    10.3  they have some experience with whatever the second-hand goods being considered by the PURCHASER may be; or
    10.4. experience in respect of the services that the PURCHASER may be seeking.
11. SCREAN, through the website, simply allows the PURCHASER to indirectly engage the services with a SCREANER chosen and appointed by SCREAN in its sole discretion.
12. SCREANERs are rated by the PURCHASERs based on their level of service or expertise.
13. The PURCHASER warrants, by engaging the SCREANER through the website, that they would otherwise not have ordinarily been able to make contact with the SCREANER and procure their services, and that they will only do so through the website and in accordance with these Terms of Use.
14. SCREAN in no way warrants that the services provided by the SCREANER will be of a specific standard or provide a particular outcome and only provides the opportunity for the PURCHASER to engage with the SCREANER for the purpose of assisting in the consideration of the second hand goods, or services the PURCHASER wishes to purchase.
15. The SCREANER at no time warrants the nature of the goods or services being considered by the PURCHASER, and the risk of the purchase thereof at all times remains solely that of the PURCHASER whose decision it is to purchase.
16. Any and claims in relation to the goods or services purchased for any loss or damage that may be suffered by the PURCHASER, or any third party, must be made as against the Seller of those goods and the PURCHASER holds SCREAN and/or the SCREANER harmless in respect of any such loss or damage.  
    
    
    THE PURCHASER
    
    
17. The PURCHASER is the person who has identified the second hand goods that they would like to purchase.
18. The PURCHASER is at all times free to choose whether they wish to purchase the second hand goods.
19. The Purchase purchases the second hand goods from the Seller and not from SCREAN or the SCREANER.
20. SCREAN and the SCREANER at no time acts as an agent, or on behalf of the PURCHASER, and simply provides a service by providing information to the PURCHASER in regard to the second hand goods with the SCREANER views at the PURCHASER’s request through the SCREAN website.
21. The PURCHASER may be required to create an account with SCREAN and/or to provide certain information to SCREAN in order to utilise the services provided by SCREAN. The information provided by the PURCHASER must at all times be true and refer to the PURCHASER only and no other third party. 
    
    
    GOOD TO BE BOUGHT AND SOLD
    
    
22. SCREAN in no way warrants that any of the second hand goods that the PURCHASER may be interested in purchasing are in any way fit for purpose or makes any warranties as to the nature of the goods, or the actual Seller of the goods. 
    
    
    LIABILITY
    
    
23. SCREAN can in no way be held liable by the PURCHASER, or any third party, for any loss or damages of whatsoever nature incurred by the PURCHASER, or any third party, that is in any way related to accessing the website and/or creating or registering an account and/or interacting with the website and/or engaging the services SCREAN offers and/or the actual purchase and sale of the second hand goods concerned from any Seller whatsoever, for any reason whatsoever.
24. SCREAN is in no way a supplier or promoter of goods and services as contemplated in the Consumer Protection Act and merely provides a platform which allows for the PURCHASER to communicate with a SCREANER appointed by SCREAN.
25. SCREAN is in no way involved in the transaction as between the PURCHASER and Seller and at no time acts as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business or any type of business akin thereto in connection with any transaction involving the Seller and the goods purchased by the PURCHASER.
26. SCREAN may at times provide links to third party sites and/or services and/or goods. None of these third party sites, services or goods are in the control of SCREAN and SCREAN is not involved in any transactions as between a PURCHASER and those sites, services and goods and cannot therefore be held liable for any loss or damage that may occur as a result of clicking on the links provided and any transactions or interactions that may flow from that with the third party sites, services and goods. 
    
    NOT PERMITTED
    
    
27. You may not:
    
    27.1. violate any laws whilst accessing the website and/or creating or registering an account and/or interacting with the website and/or engaging the services we offer and/or the actual purchase and sale of the second hand goods concerned.
    27.2. provide any information that may be requested of you that is in anyway untruthful.
    27.3. utilise the services in any way that may result in damage or loss to SCREAN or any third party.
    27.4. copy, modify, or distribute SCREAN’s, or any other person’s information or content without their consent;
    27.5. use any robot spider, scraper or other automated means to access SCREAN and collect information or content for any purpose without our express written permission;
    27.6.  collect information about others, including email addresses without their consent or otherwise violate the privacy of another person;
    27.7.  use the information available on SCREAN’s website or through the use of the Services to contact SCREANERs, or any other third party, for any reason or purpose whatsoever, other than for the use of the Services provided;
    27.8.  bypass any measures used to prevent and restrict access to SCREAN or in any way interfere with the ordinary operation of the SCREAN website and the services provided;
    27.9.  in any way utilise the SCREAN website or the services provided in a manner that would be considered an abuse or that would in any way infringe SCREAN or any third party’s rights.
    
    RESERVATION OF RIGHTS
    
    
28. SCREAN reserves the right to at any time issue instructions or warnings or restrict the usage of the services by any PURCHASER, SCREANER, or any third-party for any reason whatsoever.
29. SCREAN reserves the right to limits access and/or deregister any PURCHASER or SCREANER from its systems in its sole an absolute discretion. 
    
    SERVICE FEES
    
    
30. All payments are done through a direct payment gateway. The data provided as part of that purchase is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by SCREAN and its service providers. For more insight, you may also want to read Shopify’s Terms of Service as they are our service provider.
31. Any and all fees charged are to be paid in full, in advance, prior to accessing the services. Access to the services will only be provided on receipt of the full amount due for the service purchased and SCREAN reserves the right to suspend and/or terminate services at any time for a failure to make payment, or due to returned payments and the like.
32. Payment options will be provided to you for the different service options available to you. Once you choose an option and effect payment there is no obligation on SCREAN to refund you any funds whatsoever on account of any alleged mistake on your part or for any inadvertent payment made.
33. If having paid for the service you then fail to utilise the services for any reason whatsoever there is no obligation on SCREAN and this does not entitle you to a refund of any funds whatsoever.
34. SCREAN retains the right to amend these terms as and when it wishes to do so in its sole discretion and will advise you when the amendments are made. You are required to consider the amendments and if you do not agree thereto to terminate the service. If you continue to utilise the services you will be deemed to have consented to the amended terms.
35. In the event that any promotions or trials are offered they are subject to changes without notice and can be withdrawn at any time for any reason. 
    
    
    MOBILE DEVICE
    
    
36. If you access SCREAN from a mobile device utilising a mobile application you agree to the Terms of Use and SCREAN provides you with the right to use the mobile application for your personal use. 
37. You are required to comply with any and all applicable laws associated with the mobile application use. 
38. The application’s functionality may differ slightly from the website and SCREAN in no way guarantees access to the mobile application at all times or can be held responsible for any delays or restricted access. 
39. Your use of the mobile application as well as the website is done so entirely at your own discretion and risk. 
    
    DISPUTES AND PROBLEM SOLVING
    
    
40. Should any disputes or problems arise they must be placed in writing and emailed through to the following address: howzit@screan.co.za 
    
    
    ACCOUNT
    
    
41. You are required, in order to utilise the services provided, to create an account with SCREAN. You are bound, when creating an account, to provide true, accurate and complete information, and to the extent that it may be necessary to update this information such that it remains at all times a true and accurate reflection of you.
42. Your personal information will only be utilised for the purposes provided and will not be disseminated to any third parties without your consent.
43. SCREAN at all time retains, in its sole discretion, the power to terminate your account and your use of the services for any reason whatsoever, without any notice to you.
44. SCREAN can in no way whatsoever be held liable in an instance where your account is accessed by third party, or there is any unauthorised use of your account which results in any loss or damage to you.
45. You are not permitted to provide to any other person your account login details for any purpose whatsoever. Should you do so SCREAN may terminate the provision of services immediately and without notice to you. 
46. You are only permitted to utilise your account and the services provided by SCREAN for your own personal use and not to in anyway disseminate, broadcast or utilise the services in any setting or environment, or in any manner that would be considered not for personal use.
47. You are not permitted to utilise the services in any way that would generate a monetary benefit for yourself or others.
48. You agree, as part of the services offered, that SCREAN may utilise the information that you have provided to it to contact you from time to time whether via email, SMS or any other social media or digital platform with any news, offerings, promotions and the like. Should you not wish to receive these communications please contact SCREAN at the following address [INSERT] or unsubscribe.
49. SCREAN will not provide your personal information to any third parties save in the event that it is required for payment purposes via the website. If, however, your personal information is obtained by a third party without SCREAN’s express knowledge and/or as a result of a breach of SCREAN’s online platform or website it cannot be held liable for any claims or loss that may be suffered as a result thereof. 
    
    INTELECTUAL PROPERTY
    
    
50. SCREAN owns or holds the requisite licences required to provide the services on the website and mobile application and for the content contained thereon.
51. You are in no way permitted to copy, disseminate, disassemble, reverse engineer, adapt, modify or attempt to utilise the intellectual property of SCREAN, or any third party, on the website or mobile application in an unlawful manner.
    
    PERSONAL INFORMATION
    
    
52. By utilising SCREAN you agree that you are voluntarily providing informed consent to the collection, transfer, storage and use of your personal information by SCREAN. This information will not be disclosed to any third party without your consent. You are also agreeing to receive marketing information from SCREAN unless you advise us specifically otherwise. 
53. In so far as SCREAN connects you with a SCREANER you hereby consent to SCREAN providing your personal information to the SCREANER, to the extent it may be necessary, to allow the services of the SCREANER to be provided to you. 
    
    
    DISCLAIMER AND LIMITATION OF LIABILITY
    
    
54. Your use of the services is done so entirely at your own risk.
55. SCREAN makes no warranties of any nature whatsoever as to the services.
56. SCREAN does not warrant uninterrupted use or operation of the services or that any data sent by or to you will be accurate, complete, transmitted in a readable form, or transmitted within a reasonable amount of time.
57. You are at all times responsible for any delay or loss of any kind that results from your access or use of the services, including any loss or harm to any device utilised to access the services.
58. SCREAN will not be liable for any damages or loss including but not limited to indirect or consequential damages resulting from your access or use of the service.
59. If for any reason whatsoever SCREAN is found liable such liability will be limited by agreement to the fee you paid for the services provided.
60. You agree to indemnify and hold SCREAN harmless from any claims, damages and liability caused by your use of the services, a breach of these terms, or a violation of any rights of a third party through the use of the service.
    
    
    WHOLE AGREEMENT
    
    
61. This Terms of Use combined with the Privacy Policy as well as any other policy that may be applicable as between you and SCREAN constitute the entire agreement as between you and SCREAN.
62. The Terms of Use and Privacy Policy are to be governed by the laws of South Africa.
63. Should any of the above terms be found to be unlawful, the remaining terms still stand.
64. SCREAN may automatically cede, assign or transfer this agreement in our sole discretion and without notice to you.