TERMS AND CONDITIONS
1. Contractual Relationship
Welcome to FirstCheck and our Terms of Service. These Terms of Use ("Terms") govern the access or use by you, an individual or registered company, of mobile applications, websites, content, products, and services (the "Services") made available by FirstCheck. We are committed to complying with the Protection of Personal Information Act (POPIA) and other applicable laws regarding data privacy. Personal data will not be shared without explicit customer consent. Payment details and credentials are processed in a secure environment and are never shared with third parties. FirstCheck does not capture or store full bank card details, including the 3-digit CVV security code. Credit card transactions are managed by our secure payment gateway partner, PayGate (Pty) Ltd. All transactions are processed in South African Rand (ZAR). All vehicle report values are estimates & FirstCheck is not bound to honour any published figures. FirstCheck will not be held liable or responsible for any information that is not included in a report.
The services provided by FirstCheck help you monitor a vehicles valuation and verification. Please read these terms carefully before accessing or using the services. In these Terms, the words "including" and "include" mean "including, but not limited to." Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and FirstCheck. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. FirstCheck may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. FirstCheck may amend the Terms related to the Services from time to time. Amendments will be effective upon FirstCheck's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in FirstCheck’s Privacy Policy.
2. The Services
The Services constitute a technology platform that enables users of FirstCheck's mobile applications or websites provided as part of the Services (each, an "Application") to query a vehicles current valuation and verification. The need for querying a vehicle’s information can be, but not limited to: buying / selling, updating insurance premiums etc. Unless otherwise agreed by FirstCheck in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your compliance with these Terms, FirstCheck grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by FirstCheck and FirstCheck's licensors.
FirstCheck has partnered with various third-party service providers - to provide auxiliary services. A user utilising the Services acknowledges that FirstCheck may attempt to contact the user to establish whether these auxiliary services can be of any further assistance.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by FirstCheck; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The validation data supplied to the user, is a result of information supplied from various data bases and other data providers who collect and monitor vehicles profiles and related consumer information. The accuracy of data supplied by FirstCheck is entirely dependent upon the information supplied by the respective industry sources. FirstCheck therefore does not warrant the accuracy of the validation data. FirstCheck cannot be held liable whether in contract, delict or breach of warranty for any loss or damages, howsoever arising, through or out of the user (or any other third party) having placed reliance upon the data provided by FirstCheck. FirstCheck accordingly does not accept any liability for any inaccuracies, omissions or mistakes in the information provided by credit bureaus or any other data providers.
The Services and all rights therein are and shall remain FirstCheck's property or the property of FirstCheck's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner FirstCheck's company names, logos, product and service names, trademarks or services marks or those of FirstCheck's licensors.
3. Your Use of the Services
In order to optimally use aspects of the Services, in some cases such as purchasing report credits, you may need to register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to FirstCheck certain personal information, such as your name, address, mobile phone number, and email address, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or FirstCheck’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from FirstCheck at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
FirstCheck may, in FirstCheck's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that FirstCheck establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by FirstCheck; (iii) may be disabled by FirstCheck at any time for any reason without liability to FirstCheck; (iv) may only be used pursuant to the specific terms that FirstCheck establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. FirstCheck reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that FirstCheck determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. FirstCheck does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Trademarks
“FirstCheck,” the FirstCheck logo and any other FirstCheck product or service names, logos or slogans that may appear on the Sites or Services are trademarks of FirstCheck and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “FirstCheck” or any other name, trademark or Product or service name of FirstCheck without our prior written permission. In addition, the look and feel of the Sites and Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of FirstCheck and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites or Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by FirstCheck.
5. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from FirstCheck. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non- refundable, unless otherwise determined by FirstCheck. All Charges are due immediately and payment will be facilitated by FirstCheck using the preferred payment method designated in your Account, after which FirstCheck will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that FirstCheck may, use a secondary payment method in your Account, if available.
As between you and FirstCheck, FirstCheck reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in FirstCheck's sole discretion. FirstCheck will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. FirstCheck may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
FirstCheck supports Visa, MasterCard, Diners, American Express credit card and debit cards. Credit card transactions will be acquired for FirstCheck via PayGate (PTY) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3(SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
User details will be stored by FirstCheck separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
6. Disclaimers; Limitation of Liability; Indemnity.
The services are provided "as is" and "as available." FirstCheck disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, FirstCheck makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error- free. You agree that the entire risk arising out of your use of the services, and any services or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
FirstCheck shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if FirstCheck has been advised of the possibility of such damages. FirstCheck shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any other party, even if FirstCheck has been advised of the possibility of such damages. FirstCheck shall not be liable for delay or failure in performance resulting from causes beyond FirstCheck's reasonable control. In no event shall FirstCheck's total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred rand (R500). The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold FirstCheck and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FirstCheck's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Dispute Resolution
Complaints must be submitted to FirstCheck and will be dealt with by FirstCheck in accordance with the provisions of this clause.
Without prejudice to the User's rights in law, the User is required, to first approach FirstCheck with any complaint or dispute and afford FirstCheck an opportunity to resolve a compliant before the User approaches any relevant authority, court or other dispute resolution body or refer the matter to Arbitration.
Please direct all complaints to info@FirstCheck.co.za. The User's complaint should include the following
the User's name and surname;
the User's username;
the date on which the complaint arose; and a brief description of what gave rise to the complaint. In the event of a billing complaint the User should also include the following; the reason for the dispute; the amount in dispute; and supporting information or documentation, if any. FirstCheck will acknowledge receipt of the User's complaint within 3 (three) Business Days of receipt thereof.
FirstCheck will formally respond with a view to proposing a resolution of the User's complaint in writing within 14 (fourteen) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third-party service provider.
The User may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration, for resolution of the dispute, should the User not be satisfied with the proposed resolution of the dispute by FirstCheck. Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due date and/or fails to appear at the arbitration. The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
8. Other Provisions
This Agreement and all matters or disputes arising here from or incidental hereto shall be governed and construed in accordance with the laws of the Republic of South Africa
FirstCheck may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing.
You may not assign these Terms without FirstCheck’s prior written approval. FirstCheck may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of FirstCheck’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, FirstCheck or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. FirstCheck’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FirstCheck in writing.
This website and/or related mobile apps is run by Firstcheck (PTY) LTD (private company) based in South Africa with registration number (2018/042104/07)
Email: info@FirstCheck.co.za