Terms & Conditions

1. Definitions

1.1 “The advertiser” means the individual and/or entity whose details appear on the application for registration form above;

1.2 “The advertiser’s data” means the advertiser’s data, as set out in the application for registration form which Data has been submitted to Garmap, with the intention that it will reflect as a listing;

1.3 “the application for registration form” means the application for registration form above;

1.4 “End User” means a user of a GNS;

1.5 “Garmap” shall mean Garmap (Pty) Limited, Registration Number 2007/108607/07, including its subsidiaries and/or holding Company/ies and it successors in title and assigns;

1.6 “Garmap Mapsets” shall mean the digital mapset as made available and supplied by Garmap and all future updated versions thereof, as well as all future mapset listings by Garmap;

1.7 “GNS” shall mean all Garmin and Garmap Navigation Systems including but not limited to Personal Navigational Devices and navigation software and services hosted on mobile phones;

1.8 “List/ing/ed” means the Advertiser’s data, as amended by Garmap, which will appear as a listing on Garmap Mapsets in the event of a search being conducted by an End User;

2. The terms and conditions set out below apply to the inclusion of the Advertiser’s data into the Garmap Mapsets.;It is recorded that the decision of as to whether or not to list the Advertiser shall be made by Garmap acting in its sole and absolute discretion and such decision shall not be capable of being challenged on any basis whatsoever. In the circumstances Garmap offers no guarantee that subsequent to the completion of the application for registration form that the Advertiser’s details will be listed. This listing service may not be used by any third party for any commercial purpose.

3. In addition to the above Garmap:-

3.1 reserves the right, without notice, and acting in its sole and absolute discretion to:-

3.1.1 subject the Advertiser’s data to such amendments as Garmap deems necessary or appropriate, whether prior to or after a listing;

3.1.2 to remove a listing;

3.1.3 determine the manner, form and ranking of any listing.

3.2 records and the Advertiser acknowledges that the service being provided by Garmap will of its nature result in the Advertiser’s competitors also being listed and Garmap does not offer any exclusivity to the advertiser.

4. Garmap relies solely on the Advertiser’s data insofar as the listing is concerned. Garmap does not in any way verify such data and Garmap accepts no liability of whatsoever nature regarding the correctness or integrity of the Advertiser’s data. It is the Advertiser’s responsibility to notify Garmap in writing regarding any amendments in respect of its listing. Subject to 3 and 4 above Garmap may incorporate such amendments in respect of the Advertiser’s listing. In the event of Garmap accepting the amendments it shall give effect thereto at such time and in such manner as it deems appropriate.

5. The advertiser warrants that the listing does not in any way infringe the intellectual property rights, whether registered or not or howsoever stored, of any third party and that the Advertiser is entitled to apply for a listing as is envisaged in this agreement. The advertiser hereby indemnifies and holds Garmap harmless in respect of any and all claims of whatsoever nature and howsoever arising which may be made in respect of the listing. The indemnity as set out herein shall, without derogating from the generality thereof, include all legal costs incurred by Garmap on the scale as between attorney and own client.

6. Garmap Mapsets are not compiled to meet the advertisers’ individual requirements and Garmap does not make any warranties or representations that the inclusion of the advertiser’s data on Garmap Mapsets will have any positive impact on the advertiser’s business.

7. All intellectual property in respect of Garmap Mapsets, including but not limited to, content, trademarks logos, patents, software, source codes; texts, graphics, and any other intellectual property rights in and to the Garmap Mapsets vest in Garmap, and are protected against infringement by any third party including the Advertiser. It is in addition recorded, and the Advertiser acknowledges, that once the Advertiser’s data has been converted into a listing then such listing shall, at no cost to Garmap, accrue to and form part of Garmap’s intellectual property.

8. The Advertiser is prohibited from using any of Garmap’s intellectual property, whether in the form of hyperlinks, reference or in any other form.

9. In the event of the Advertiser electing to cancel its listing, it will provide Garmap with 2 (two) calendar month’s written notice, and Garmap will endeavour to exclude the advertiser’s listing in future map listings by Garmap. Garmap does not give any guarantees or warranties to the advertiser in this regard.

10. The Advertiser acknowledges and accepts that it will not have any claim of whatsoever nature against Garmap howsoever arising, whether directly or indirectly out of the listing or whether directly or indirectly from entering into this agreement.

11. Garmap reserves the right, in its sole and absolute discretion to amend and/or update these terms and conditions, from time to time, without prior notice or justification to the advertiser

12. Each and every provision of these terms and conditions is severable and divisible from the other provisions of these terms and conditions, and if any provision or any combination of provisions contained in these terms and conditions is invalid or unenforceable, Garmin retains the right to enforce all of the other terms and conditions.

13. These terms and conditions are deemed to be concluded in the Republic of South Africa and shall be governed by and construed in accordance with the laws of the Republic of South Africa

I confirm that I am duly authorised to act for and on behalf of the Advertiser and hereby accept these terms and conditions.