Autocosmos.biz (Pty) Ltd ('Autocosmos.biz') is an Information Service Provider (of the Electrolog and other cataloguing services). Clients using any of our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your acceptance of Autocosmos.biz services by installing the Electrolog, using and or accepting the use of a service supplied by Autocosmos.biz is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below.
1. USER/s Autocosmos.biz services may only be used for lawful purposes. Any use of these services which violates national or international laws which may apply to Autocosmos.biz, your local jurisdiction, or any jurisdiction that you or your business may be subject to is strictly prohibited. Any information in whatever format inserted into the Electrolog becomes and remains part of the Electrolog and the property of Autocosmosbiz. The Application and Data and all Components and Contents and are protected by copyright laws and treaties. A Standard Subscription to the Electrolog includes 2-Users, both licensed for that specific business premises. Any additional users on the same premises will be charged for at an additional per user rate. Companies with multiple branches will be charged a standard user rate for each branch plus for any additional users at each branch if required. A. The application and data/database will remain the property of Autocosmos.biz. This includes (but not limited to) all data, information, graphic material, software and components; B. The application/data may not be sold or copied and may only be used for the sole purpose of sourcing, communicating and identifying product. 2. CHARGES A. Monthly subscribers will be invoiced on a monthly basis in advance for the service provided from the date of signature of the application form or; B. A valid debit order must be submitted to Autocosmos.biz within 7 days of placing the order or; C. The charge for annual subscriber’s is payable in full in advance by the subscriber to Autocosmos.biz within 21 days from the date of signature of the application form. D. Autocosmos.biz reserves the right to adjust service charges relative to market and inflationary changes. E. A rejected debit order will accrue an additional handling fee of R100 to the outstanding amount. F. Interest at the prevailing prime lending rate as offered by Bank of Athens will be charged on all overdue accounts. G. Debit orders (24 months), annual and bi-annual payments in advance are the only forms of payment accepted. H. The database and execute file may at times need to be changed or updated and the process of getting the material, be it downloading from the internet (regular and special updates) or sending a CD (major changes and/or updates too big to post on the internet) by mail/courier will be at the cost of the subscribers (the actual CD itself or the update files available on the Autocosmos.biz’ internet server with the changes and/or updates will be at no additional cost to subscribers). I. The number of users for a Standard account is 2-Users. Any users over and above the standard 2-users will have an additional charge per user. If it is found that a client is running more users than agreed upon or being charged for, Autocosmos.biz reserves the right to charge for the additional users future usage and the client will be charged for the past months the users were activated for which no payment was received. 3. TERMINATION The agreement shall continue indefinitely, subject to a minimum period of 24 months and shall be terminable on the expiry of one calendar months written notice given by either party to the other, after which all components, media, pictures, software, applications and related products of Autocosmos.biz’ Electrolog must be removed from all PC’s/Note books/machines. 4. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Autocosmos.biz from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly or indirectly from your use of the service which damages either you or any other party or parties without limitation or exception. This 'indemnification and hold harmless agreement' extends to all issues associated with your account. 5. REFUSAL OR DISCONTINUANCE OF SERVICE Autocosmos.biz reserves the right to refuse or discontinue all or part of the service without prior notice to anyone if you engage in any conduct or activities that Autocosmos.biz in its sole discretion believes violates any of the terms and conditions in this agreement. Autocosmos.biz shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. 6. NO WARRANTIES Autocosmos.biz makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non- infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Autocosmos.biz or its agents or employees shall create a warranty. Autocosmos.biz provides no warranty that the service will be uninterrupted, error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Autocosmos.biz be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Autocosmos.biz service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. 7. IDENTIFICATION INFORMATION You agree, as the person legally responsible for this account, to supply Autocosmos.biz with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. 8. NO INTERFERENCE WITH OPERATION OF SYSTEM You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service. You further agree not to try to reverse engineer any proprietary software installed on your system/s or to copy the database provided. You will not attempt any unauthorised access. You agree to adhere to system policies, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Autocosmos.biz. You agree to abide by any and all future Autocosmos.biz policy decisions. 9. ELECTROLOG AS A COMMUNICATION MEDIUM The whole Concept behind the Electrolog is to create a Communication Medium. The Electrolog is a Source of Reference and not a Catalogue of one particular Supplier. All OE/Manufacturer/Vehicle Names, Information, Pictures and Part numbers are used for reference purposes only. The User’s, Brand and/or Supplier Purchasing Preferences are at his/her discretion. Autocosmos.biz remains the owner of all forms of data, images and information inserted into and encompassed in the Electrolog and all its cataloguing services offered to its all subscribers and clients. 10. BACKUP OF DATA Your use of the service is at your sole risk. Autocosmos.biz is not responsible for any of the users’ personal or business files and or data residing on their computer system. 11. COPY OF MATERIAL You agree not to copy any of the material contained in the systems or services supplied in any form. Copying any part or part of the application, services, catalogues, system, mechanisms or any information, pictures, specifications, file or files supplied by any of Autocosmos.biz cataloguing services is strictly prohibited and will constitute a breach of contract which will result in the immediate termination of the service/s and may lead to legal action being instituted against you. 12. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with Autocosmos.biz or any agent or representative thereof, and constitutes the complete and total agreement between the parties. 13. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. 14. AUTOCOSMOS.BIZ EMPLOYEES You agree not to entice or encourage any staff member of Autocosmos.biz to take up employment with your company, any other company or any company related to the Directors/Partners/Members/Owners. 15. AUTOCOSMOS.BIZ COMMUNITY By subscribing to Autocosmos.biz, the subscribers become a member of the Autocosmos.biz’ Electrolog community of users, contributing parts information, data, technical information, pictures, etc to the Electrolog and other services. All data contributed from subscribers and advertisers towards the Autocosmos.biz database remains the property of Autocosmos.biz and is available to subscribers and Autocosmos.biz advertisers’ clients in the form of the Electrolog application and relative cataloguing services respectively. No contributed data or information in any format whatsoever is or will ever be removed from the Electrolog system when a subscriber, data contributor or advertiser ceases the services of Autocosmos.biz (Pty) Ltd. All data supplied becomes the property of Autocosmos.biz. Autocosmos.biz reserves the right to publish catalogues using the information in the Electrolog database. Any form of published Catalogue, be it Hardcopy book, CD, DVD, PDF, On-line Catalogue or any other form, using the Electrolog’s data, that is supplied as a service to any of the advertisers or clients of Autocosmos.biz, may only be used, distributed and supplied in the specific format it was created in by Autocosmos.biz for that client. The information in any of the afore mentioned publication mediums, be it: data, pictures and/or any information housed in the relative publication, may not be used to publish or create any other sort of external or internal data reference, catalogue or information base by the client (or any other related parties) it was supplied to. 16. AUTOCOSMOS.BIZ (AUTOCOSMOS.CO.ZA, ELECTROLOG .CO.ZA, ELECTROLOG .BIZ & BLUEHOOK.CO.ZA) Access to the sites is divided into supplier, public and members sections and accessible depending on its purpose and relative services provided to advertisers or clients by Autocosmos.biz. Advertisers using any of the services offered by Autocosmos.biz reserves the right to authorise access to its clients unless it’s in the form of a public medium. All the above and related sites are owned by Autocosmos.biz, remain the property of Autocosmos.biz and can be changed, modified, updated, linked to other sites, or as deemed necessary in the interest of all its subscribers and advertisers without prior notice. Autocosmos.biz cannot be held accountable or responsible for a break in service of any of these sites or services whatsoever if caused by a third party service provider. 17. TERMS, CONDITIONS AND LIMITATIONS Autocosmos.biz encompasses the Electrolog, related websites and all materials included with the subscription package or any other cataloguing services supplied. Although Autocosmos.biz has gone to great lengths of ensuring that the information, pictures, specifications and data that has been supplied is correct, Autocosmos.biz cannot be held responsible for any loss, damage or consequences resulting from errors. It is the user’s responsibility to confirm the item/s identified in Electrolog are correct before ordering, using or supplying the item. The Electrolog is to be used as a guideline to sourcing parts. The final decision and responsibility to order, supply or use the part falls on the User and Autocosmos.biz (Pty) Ltd is not liable and responsible for any claims or consequential damage therefrom. All specifications, technical information, pictures, original vehicle manufacturer-names or equipment-names &, or -numbers, references to part alternatives and industry numbers are used for reference purposes only. Each User license is for a single computer. For one or more than one user licenses, an Activation Key will be supplied for each user’s computer. Access to the application from another computer on a network prohibited unless the other computer accessing the application is itself licensed to use the Electrolog. Autocosmos.biz is not responsible for any loss of data, information, functionality, resources, faults or any software or hardware failure on a client’s computer. Back-ups are the responsibility of the client, not Autocosmos.biz. Autocosmos.biz reserves the right to refuse any products and or services to past or present clients if it deems necessary in the case of for example client negligence or malicious actions towards Autocosmos.biz or its products and services. Autocosmos.biz reserves the right to change subscription fees according to market related trends and unforeseen economic circumstances. No monies can be returned, if the product is not to the client’s satisfaction he/she has the remedy of terminating the contract with one months’ notice. The Electrolog is supplied as is. All systems, applications, files, content, data, specifications, information and pictures in any form or service remain the property of Autocosmos.biz under license. Copying of any information, files, systems, pictures or any part of the autocosmos.biz’ Electrolog or related sites and materials included with the subscription strictly prohibited. Password access to the member’s section of the website reserved for the use of subscribers only. I, the Subscriber (and representing my employees and users of services offered by Autocosmos.biz), has signed and agrees to the conditions, terms and limitations of the service contract. I will not tamper with and change the dates and times on my computer and understand that this will result in the denial of access to the Electrolog. At termination of the service contract, subscription, all services, materials, applications, accessibility, etc that is included with the subscription to the Electrolog is to be ceased, any materials, booklets, information, etc returned and all applications uninstalled from the relative computers/note books. The Utilities on the CD with all its contents is supplied under the condition that it is to be used on Licensed Operating Systems only. Please read carefully before installing: You must follow the Setup installation Instructions in the booklet supplied with and on your Setup CD/DVD Carefully. Autocosmos.biz cannot be held responsible for damage to your system or system errors that may occur if you do not follow these instructions carefully. Note: Make sure you always do back-ups of your computer before installing any software. Like any installation of software, do not attempt cancel the set-up procedure while it is running. This may cause damage to critical system files. Wait for the setup procedure to run its process. The database is large and can take some time to complete. Please be patient. If one tries to cancel the setup during the installation, certain files are in the process of being modified and/or updated and could result in them being corrupted. This could cause conflict within or damage to the operating system. Follow the instructions carefully and no problems with the setup should arise. Very Important: Make sure the date and time of your computer is set correctly BEFORE ` loading the Electrolog on your computer. Any attempts to change the date forward or back will result in the shutdown and denial of access to the Electrolog. Reactivating the Electrolog after this could require a technician to come out and reactivate the Electrolog. You will be billed to cover the costs of having the Electrolog reactivated. Make sure that all users of the computer are made aware of this. Note: Although Autocosmos.biz has gone to great lengths to protect its server from malicious third parties, Autocosmos.biz cannot be held responsible for any security breaches over the internet. Whether it be stored or any other form of data/information being sent/received on the internet. A note to you, our Client: This is our account service contract. It is fairly standard legalese and necessary to protect all role players, including our clients, in an international market. Like all of our policies, the contract is designed to maximise the efficiency and quality of our service for all clients. Note: Cost on the scale as between attorney and client shall be payable on any account handed over to our lawyers for collection or any other actions taken against a client. 18. BUYER ACCOUNT If a Buyer Account is created the User understands the responsibility and has authority to do so. The User is liable, responsible and uses this facility at his/her own risk. Autocosmos.biz cannot guarantee the delivery of emails sent by the Electrolog and cannot be held responsible for any e-mails not sent and or delivered to the addressee or consequences of e- mails not sent and or delivered to the addressee from the system whatsoever. 19. ADDITIONAL TERMS AND CONDITIONS TO BE AWARE OF WHEN RUNNING THE ELECTROLOG Additional Terms and Conditions to be aware of when running the Electrolog... In an item's "Item Details" tab (at the bottom) there is an important Note that needs to be understood and accepted by the user. It is binding just as is all other terms and conditions set out above: All product information, descriptions, photographs, OE/manufacturer and popular numbers, vehicle and engine references, etc are used for reference purposes only. Please Note: Bill of materials, or sub-components lists linked to items or units, are based on the OE/Manufacturer numbers of a unit/item and may not always be for the item or unit picture displayed. Please ensure that you confirm the items in the Bill of material are the same as the ones required before purchasing or supplying. At any time you should always confirm any item required or to be supplied by using the pictures, measurements, information and specifications displayed. It is up to the user of the Electrolog to confirm before supplying or purchasing any item that it is correct, using whatever information is provided. IE, you can confirm items by using and/or communicating through the pictures, measurements, information and specifications displayed. Although, we at Autocosmos.biz (Pty) Ltd, have gone through great lengths to marry all data housed within the Electrolog with reputable cross reference, supplier and OE/manufacturer numbers as accurately as possible, we cannot be held responsible or liable for any errors or omissions and any repercussions or consequential damages whatsoever there from. The licensing, terms and conditions change as the services and products change and develop with each update and different mediums of cataloguing released. The latest terms and conditions will always be available on the Autocosmos.biz website for download under the “Downloads” section. Website: www.autocosmos.co.za. Please contact us, for us to send you a copy or direct you to a link if you have any problems on E-mail: firstname.lastname@example.org. By Installing and registering the Electrolog, serves as confirmation of acceptance of the contract, licensing and terms and conditions on the DVD and on the website. Should you require any further information please do not hesitate to contact: Kerrie Gregoriou, Managing Director of Autocosmosbiz (Pty) Ltd Tel: +27 (0) 12 327 6210, Fax: +27 (0) 12 327 6211 or e-mail: email@example.com.