Terms & Conditions
Access to the Website is subject to the following terms
Upon accessing the Website, you will be
deemed to have accepted all of the
terms and conditions that apply to its use, the
information contained on the Website and to the
facilities and services provided by it.
Accordingly, please take the time to read through these
terms and conditions before continuing to use the
Website. If you do not agree to obey these terms and
conditions you must stop using the Website immediately.
We reserve the right to alter these terms and conditions
at any time and it is your obligation to check if
changes have been made. Your use of the Website after
changes are posted on-line shall constitute acceptance
of the changes in and to the terms and conditions.
In these terms and conditions:
“product/s” means the goods advertised,
sold and delivered by us to our customers;
"we”/”us”/”our" means Toshiba Africa
(Pty) Ltd, a private company incorporated in the
Republic of South Africa with limited liability, and our
associated companies (where applicable);
"Website" means this website; and
"you"/"your" means the user of the
Website including users who has registered with us and
where applicable, advertisers.
1. Access to the Website
Access to the Website is permitted on a temporary
basis, and we reserve the right to withdraw or amend
the service provided on the Website without notice.
From time to time, we may restrict your access to
some parts of the Website, or the entire Website. We
will not be liable if, for any reason, our site is
unavailable at any time or for any period.
2.1. You agree that you will only use, reproduce and
print material comprising the results of searches
conducted on the Website for personal and
2.2. In particular, you may not use the contact
details provided to contact us other than in
connection with a genuine enquiry relating to the
purchase by you of our product/s.
2.3. The Website content and information may contain
technical inaccuracies and typographical errors. We
exclude all liability for any illegality arising
from such inaccuracies and typographical errors.
2.4. The content of and information appearing on the
Website may be altered, amended or updated from time
to time and may at times be out of date. We will not
be held to any previously existing representations,
terms, conditions or other information subsequently
altered on the Website. We accept no responsibility
for keeping the information and content on the
Website up to date nor do we accept any liability
for any failure to do so.
2.5. The information appearing on the Website is for
information purposes only and does not constitute
advice. You should not rely on any such information
or content to make (or refrain from making) any
decision or take (or refrain from taking) any
2.6. Through the Website, we present advertorial
content and information. We exclude all liability
for any illegality arising from or error, omission
or inaccuracy in such content and/or information.
2.7. We give no warranties, conditions, guarantees
or representations, expressed or implied, as to:
2.7.1. the completeness or accuracy of
information or any advice that may contained
on the Website or any website to which it is
2.7.2. the content of the advertisements for
product/s appearing on the Website,
including but not limited to, quality,
authenticity of any photographs, compliance
with description or fitness for purpose of
any such product/s;
2.7.3. the completeness of the results of
any search conducted on the Website or that
the product/s revealed by such search are
the only product/s on our database which
might meet the requirements of your search.
3. Contractual issues
3.1. We will not be bound to any allegations from
you that a contract or legally binding arrangement
has been entered into between you and us arising
from communications addressed to us on the Website.
3.2. We reserve the right to insist upon written
contracts as and when we deem appropriate within our
3.3. As such, any information contained on the
Website cannot be regarded by you as an offer
capable of acceptance resulting in a legally binding
4.1. The information and material displayed on the
Website is provided without any guarantees,
conditions or warranties as to accuracy. To the
extent permitted by law, we, our employees, agents,
representatives, contractors and third parties
connected to us hereby expressly exclude:
4.1.1. all conditions, warranties and other
terms which might otherwise be implied by
4.1.2. any liability for any direct,
indirect or consequential loss or damage
whatsoever and howsoever incurred by you in
220.127.116.11. our failure to fulfill any
of our obligations in terms hereof;
18.104.22.168. the Website or resulting
from the use, the inability to use,
22.214.171.124. the search results obtained
from the Website; and
126.96.36.199. any websites linked to the
Website and any material posted on
4.2. We exclude all representations and warranties
relating to the access to and use of the Website,
whether they are statutory or otherwise, as far as
is possible by law.
4.3. We will need to carry out routine maintenance
and servicing of our servers and equipment from time
to time. While we will seek to keep disruption to a
minimum, we cannot guarantee that the Website will
be continuously available on-line. We therefore
provide the Website on an "as is" and "as available"
4.4. We make no warranty that the Website (or
websites which are linked to the Website) is free
from computer viruses or any other malicious or
impairing computer programs. It is your
responsibility to ensure that you use appropriate
virus checking software.
4.5. We are not liable for any failure to perform
any of our obligations under these terms and
conditions caused by matters beyond our reasonable
5. Intellectual Property
5.1. All intellectual property including trade
marks, names and logos, whether registered or not,
embodied in the Website content, are the proprietary
marks of us.
5.2. Marks identifying third parties are owned or
licensed by those third parties or their associated
companies. Nothing in these terms and conditions in
any way confers on you any license or right under
any trade marks, names or logos.
5.3. All rights, including copyright, in the content
of the Website and the photographs of any vehicles
displayed on the Website from time to time and all
rights in our database of product/s, are owned
and/or controlled by us.
5.4. Except as expressly permitted by these terms
and conditions, you may not copy, reproduce,
redistribute, download, republish, transmit,
display, adapt, alter, create derivative works from
or otherwise extract or re-utilise any of the
contents of the Website or authorise any person, or
procure any other person to do so.
5.5. In particular, you may not cache any of the
contents for access by third parties nor mirror or
frame any of the content of the Website nor
incorporate it into another website, or authorise or
procure any other person to do so, without our
express written permission.
5.6. Any intellectual property embodied in the
information provided by us and utilised on the
Website is hereby assigned to us.
6. Links to other websites
6.1. The Website contains hypertext links to
websites that are not operated by us.
6.2. We do not control such websites and are not
responsible for their content.
6.3. Our inclusion in the Website of hypertext links
to such websites does not imply any endorsement of
the material contained on the websites or of the
7. Links to the Website
7.1. You may establish a hypertext link to the home
page of the Website, but not otherwise without our
written consent, provided no implied endorsement or
sponsorship of you is created thereby.
8.1. We reserve the right to institute criminal
proceedings against you should you attempt to
maliciously utilise the Website by gaining
unauthorised access to any page on the Website or by
delivering or attempting to deliver any unauthorised
or harmful code to the Website.
9.1. We may revise these terms and conditions at any
time by amending this page. You are expected to
check this page from time to time and take notice of
any changes made, as they are biding on you.
9.2. Some provisions contained in these terms and
conditions may also be superseded by provisions or
notices published elsewhere on the Website.
9.3. If any of the provisions of these terms and
conditions shall be held to be invalid or
unenforceable, it shall not affect the
enforceability of any of the remaining provisions.
9.4. These terms and conditions together with our
the entire agreement and understanding between you
and us relating to the Website, its content and use
and supersede any and all prior agreements,
arrangements, statements and understandings, except
for any fraud or fraudulent representation by either
you or us.
9.5. The laws of the Republic of South Africa will
apply in respect of any legal issue or litigation
arising directly or indirectly from these terms and
conditions; the use or inability to use the Website
and or information contained on the Website.
10.1. By using or accessing the Website, you agree
to communicate with us in electronic and/or
10.2. Accordingly, you accept any risks, which may
feasibly arise from electronic communications, and
furthermore that inasmuch as communications may
require to be “written” between you and us, these
electronic communications suffice for that purpose.
1.1. This policy explains how we obtain, use and
disclose your personal information, as is required
by the Protection of Personal Information Act No. 4
of 2013 (“PPI”).
1.2. We are committed to protecting your privacy and
to ensure that your personal information is
collected and used properly, lawfully and
- 1.3. This policy sets out:
1.3.1. what information we collect (clause
1.3.2. how we use your information (clause
1.3.3. our aim to provide ongoing supply of
our products to you (clause 4);
1.3.4. to whom we disclose your information
1.3.5. how we safeguard your information
1.3.6. your rights to access and correction
of information (clauses 7 & 8); and
1.3.7. changes to this policy (clause 9).
2. THE INFORMATION WE COLLECT
2.1. We collect and process your personal
information mainly to provide you with access to our
product/s, to help us improve our offerings to you
and for certain other purposes explained below.
2.2. The type of information we collect will depend
on the purpose for which it is collected and used.
We will only collect information that we need for
2.3. We collect information directly from you where
you provide us with your personal details, for
example when you purchase a product from us or when
you submit either your details or enquiries to us or
2.4. Where possible, we will inform you what
information you are required to provide to us and
what information is optional.
2.5. We also collect information about you from
other sources as explained below.
2.6. With your consent, we may also supplement the
information that you provide to us with information
we receive from other companies in the Toshiba group
of companies in order to offer you a more consistent
and personalized experience in your interactions
2.7. Website usage information is collected using
“cookies” which allows us to collect standard
internet visitor usage information.
3. HOW WE USE YOUR INFORMATION
3.1. We will use your personal information only for
the purposes for which it was collected or agreed
with you, for example:
3.1.1. to provide our products to you, to
carry out the transaction you requested and
to maintain our relationship;
- 3.1.2. for operational purposes;
3.1.3. for the detection and prevention of
fraud, crime, or other malpractice;
3.1.4. for debt tracing or debt recovery;
3.1.5. to conduct market or customer
satisfaction research or for statistical
3.1.6. for audit and record keeping
3.1.7. in connection with legal proceedings.
3.2. We will also use your personal information to
comply with legal and regulatory requirements or
industry codes to which we subscribe or which apply
to us, or when it is otherwise allowed by law (for
example to protect our interests).
4. ONGOING SUPPLY OF PRODUCTS
4.1. Given our aim to provide you with an ongoing
supply of products, we would like to use your
information to keep you informed about other
products which may be of particular interest to you.
4.2. Please opt out if you do not want to receive
such product information. You may opt out at any
time if you don’t want to receive any further
communications of this nature.
4.3. You may also give and withdraw consent and tell
us what your communication preferences are by
contacting us at the numbers/addresses provided.
5. DISCLOSURE OF INFORMATION
5.1. We may disclose your personal information to
our service or product providers who are involved in
the delivery of products or services to you. We have
agreements in place to ensure that they comply with
these privacy terms.
5.2. We may share your personal information with,
and obtain information about you from:
5.2.1. third parties for the purposes listed
above, for example credit reference and
fraud prevention agencies, law enforcement
5.2.2. other suppliers of similar product/s
to prevent fraudulent claims;
5.2.3. other companies in the Toshiba group
of companies when we believe it will enhance
the products we can offer to you, but only
where you have not objected to such sharing;
5.2.4. other third parties from whom you
have chosen to receive marketing
- 5.3. We may also disclose your information:
5.3.1. where we have a duty or a right to
disclose in terms of law or industry codes;
5.3.2. where we believe it is necessary to
protect our rights.
6. INFORMATION SECURITY
6.1. We are legally obliged to provide adequate
protection for the personal information we hold and
to stop unauthorised access and use of personal
6.2. We will, on an ongoing basis, continue to
review our security controls and related processes
to ensure that your personal information is secure.
6.3. Our security policies and procedures cover:
- 6.3.1. physical security;
- 6.3.2. computer and network security;
- 6.3.3. access to personal information;
- 6.3.4. secure communications;
6.3.5. security in contracting out
activities or functions;
6.3.6. retention and disposal of
6.3.7. acceptable usage of personal
6.3.8. governance and regulatory issues;
6.3.9. monitoring access and usage of
6.3.10. investigating and reacting to
6.4. When we contract with third parties, we impose
appropriate security, privacy and confidentiality
obligations on them to ensure that personal
information that we remain responsible for, is kept
6.5. We may need to transfer your personal
information to another country for processing or
storage. We will ensure that anyone to whom we pass
your personal information agrees to treat your
information with the same level of protection as we
are obliged to.
7. YOUR RIGHTS: ACCESS TO INFORMATION
7.1. You have the right to request a copy of the
personal information we hold about you. To do this,
simply contact us at the numbers/addresses listed on
our Website and specify what information you would
like. We will take all reasonable steps to confirm
your identity before providing details of your
7.2. Please note that any such access request may be
subject to a payment of a legally allowable fee.
8. YOUR RIGHTS: ACCESS TO INFORMATION
8.1. You have the right to ask us to update, correct
or delete your personal information. You may do this
by contacting us at the numbers/addresses listed on
8.2. We will take all reasonable steps to confirm
your identity before making changes to personal
information we may hold about you.
8.3. We would appreciate it if you would keep your
personal information accurate. Please update your
information whenever your details change.
9. CHANGES TO THIS POLICY
9.1. Please note that we may amend this policy from
time to time. Please check this Website periodically
to inform yourself of any changes.
If you have questions about this policy or believe that
we have not adhered to it, or need further information
about our privacy practices or wish to give or withdraw
consent, exercise preferences or access or correct your
personal information, please contact us at the
numbers/addresses listed on our Website.