The Xpress Bodyworks is a South Africa registered company that provides various products and professional services to motor car owners and other similar users.
Nature of website contents
Information contained on the website is intended to serve as general information on the chosen subjects/products and not as an exhaustive treatment of those subjects or products.
Enquiring about any service or procuring any product and or service through the website is subject to Xpress Bodyworks’ specific contractual terms and conditions, and applicable legislation.
Links to third party websites are provided for convenience only, and may be discontinued at any time. The fact that Xpress Bodyworks provides a link to a third party website does not necessarily mean that Xpress Bodyworks endorses, authorises, or sponsors that website, or that Xpress Bodyworks is affiliated to such website’s owners or sponsors.
If any third party website, which is not under the direct control of Xpress Bodyworks, can be accessed from a link displayed on the Xpress Bodyworks website, Xpress Bodyworks shall not be responsible or liable for any content displayed on the third-party website.
The content or information displayed on a Xpress Bodyworks website or any third party website which may be accessed through links provided on the Xpress Bodyworks website is intended as as information.
Invitation to do business
Unless indicated in writing by Xpress Bodyworks, nothing on the Xpress Bodyworks website shall constitute an offer for sale of any service or product.
If you wish to use the information displayed on the website to purchase any service or product from Xpress Bodyworks, your request to do so shall be regarded by Xpress Bodyworks as an offer to do business with Xpress Bodyworks and a formal quotation will be presented by Xpress Bodyworks.
The acceptance of the quotation will be subject to terms and conditions governing the service or product at the time of the acceptance of the quotation.
The responsibility for ensuring compliance with any laws or regulations which may apply to you, remain exclusively yours and in making an offer you are deemed to have indemnified Xpress Bodyworks (held Xpress Bodyworks harmless and agree to reimburse Xpress Bodyworks) against any loss or damage that it may suffer arising from your breaking any laws applicable to you.
While Xpress Bodyworks will take care to provide accurate information on the Xpress Bodyworks website, the information displayed on the Xpress Bodyworks website is provided without any express or implied warranty (guarantee that the information is correct) of any kind whatsoever. In particular, Xpress Bodyworks does not warrant that it is appropriate or suitable for any particular purpose, that it is complete or accurate, or that it or any hardware on which it is stored is virus-free.
Unless otherwise indicated in writing, all information, products, and services displayed on or accessed through the Xpress Bodyworks website are for your personal and commercial use only. You may not –
Reproduce, modify, or create derivative works from; publish, distribute, transmit, or display; or license or transfer any of the content displayed on the website – unless you have Xpress Bodyworks’ prior written authorisation;
Decompile, reverse engineer, or disassemble the website, a linked website, or any software employed in the display or operation of the website;
Post on or transmit to the website content of an unlawful nature, for example: (a) content that is threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane; or (b) content that could damage Xpress Bodyworks’ image or impair its ability to do business;
Use the website in a manner that could damage, disable, overburden, or impair any Xpress Bodyworks server (computer), or network connected to any Xpress Bodyworks server, or interfere with any other party’s use of the Xpress Bodyworks website;
Interfere with any content displayed on the Xpress Bodyworks website or attempt or gain unauthorised access (without Xpress Bodyworks’ written consent) to the information displayed on the website to which you may not be authorised, or to any secure area on the website, a Xpress Bodyworks server or any other part of the Xpress Bodyworks information system. Any attempt, whether successful or unsuccessful, to interfere with the information displayed on the Xpress Bodyworks website or to gain access to information or any part of the Xpress Bodyworks information system to which you are not authorized, is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
Create a link from another website to the Xpress Bodyworks website, or any of the web pages which constitute the Xpress Bodyworks website, without Xpress Bodyworks’ prior written consent;
Frame the website or any of its pages without Xpress Bodyworks’ prior written consent.
Electronic transactions, communications, and records
When you communicate with Xpress Bodyworks by electronic communication provided or as may be directed on this website, you consent to receiving responses to your communications by electronic communication addressed to you by Xpress Bodyworks. You thereby agree that all electronic agreements, notices, disclosures, and other communications sent by Xpress Bodyworks satisfy any legal requirement that such communications should be in writing.
You accept the risks inherent in electronic communication in whatever form.
You consent to Xpress Bodyworks acting on the information communicated to Xpress Bodyworks electronically. You are responsible to ensure that Xpress Bodyworks has received the information communicated electronically.
You acknowledge and consent that Xpress Bodyworks, in its discretion, may retain and store your electronic communications as may be lawfully required. You agree that the electronic records stored by Xpress Bodyworks will constitute rebuttable proof (it may be challenged) of the content of the records.
Any email communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Xpress Bodyworks.
Mobile access and use
You may access the Xpress Bodyworks website using a mobile device (including a mobile telephone).
The Xpress Bodyworks website is designed and configured for use by Internet browsers which are typically used on computers and not mobile devices. Xpress Bodyworks is not responsible for the wireless services used by mobile devices, and disclaims any responsibility for the lack of functionality or capability or reliability of any mobile device or software used to access the Xpress Bodyworks website.
While the use of the Xpress Bodyworks website is free of charge, you will be responsible for any fees which may be charged by your service provider which may be associated with your browsing of the Xpress Bodyworks website.
Xpress Bodyworks is also not responsible for the communication of any person or confidential information between you and the Xpress Bodyworks website or any electronic communications mechanisms facilitated by the Xpress Bodyworks website and disclaims any liability for deficiencies in privacy or security of any communications made or received between the mobile device and the Xpress Bodyworks website.
The functionality and use of your mobile device is outside of the control of Xpress Bodyworks and Xpress Bodyworks will not be responsible for interference with the integrity, transmission, delays, limitation of network coverage, outages or interruption in the services supplied supporting the mobile device.
Xpress Bodyworks will not be responsible for any loss incurred or damages suffered (whether direct, indirect, special, or consequential) to you or any third party that may be attributable, directly or indirectly, to the use of, or reliance upon, any content displayed on the Xpress Bodyworks website by you.
Except as provided elsewhere, Xpress Bodyworks will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
Warranties provided by you
For all purposes you warrant (confirm) –
Your identity (that is, you are who you say you are), and that you can prove your identity should Xpress Bodyworks require you to do so;
That all information you provide at any time to Xpress Bodyworks using the Xpress Bodyworks website, in writing will in all respects be current, complete, and accurate;
That you will provide to Xpress Bodyworks all material and relevant facts required by Xpress Bodyworks as may be appropriate to any dealings you have with Xpress Bodyworks. If you do not provide the information, or provide information that is incorrect, Xpress Bodyworks may, at its choice, cancel the agreement or transaction arising from your dealings with Xpress Bodyworks.
Intellectual property rights
The website and all its content (including software, text, graphics, icons, hyperlinks, private information, and designs) are owned by or licensed to Xpress Bodyworks.
As the intellectual property rights in the content referred to immediately above are protected against infringement by local and international legislation and treaties, it may not be used in any way without Xpress Bodyworks or the licensor’s prior written consent.
Xpress Bodyworks reserves the right to –
or (c) Xpress Bodyworks believes that you are conducting activities that are illegal, abusive, threaten the integrity of the website, or may place Xpress Bodyworks in disrepute;
Refer any breach to the police if such breach constitutes a crime;
Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of your breach.
Jurisdiction and applicable law
Your use of the Xpress Bodyworks website will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the High Court of South Africa (Cape Town).
Any claim arising from –
The use or inability to use the website;
An application for, and the rendering of a service or providing of a product or service is subject to the laws of the Republic of South Africa – in respect of both the basis of the claim [contract, delict (tort), or any other], and the law relating to procedure and evidence.
All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.