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					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 advertiserʼs data” means the advertiserʼs data, as set out in the application for registration form, on 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 2010 Mapset” shall mean the digital mapset as made available and supplied by Garmap;

1.7 “Garmap Mapsets” shall mean the Garmap 2010 Mapset and any and all future updated versions thereof, as well as all future mapset listings by Garmap;

1.8 “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;

1.9 “List/ing/ed” means the Advertiserʼs 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 Advertiserʼs 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 Advertiserʼs details will be listed.

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 Advertiserʼs data to such amendments as Garmap deems necessary or appropriate, whether prior to or after a listing;

3.1.2 3.1.3

to remove a listing; 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 Advertiserʼs competitors also being listed and Garmap does not offer any exclusivity to the advertiser.

4. Garmap relies solely on the Advertiserʼs 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 Advertiserʼs data. It is the Advertiserʼs 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 Advertiserʼs 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 advertisersʼ individual requirements and Garmap does not make any warranties or representations that the inclusion of the advertiserʼs data on Garmap Mapsets will have any positive impact on the advertiserʼs 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 Advertiserʼs data has been converted into a listing then such listing shall, at no cost to Garmap, accrue to and form part of Garmapʼs intellectual property.

8.

The Advertiser is prohibited from using any of Garmapʼs 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 monthʼs written notice, and Garmap will endeavour to exclude the advertiserʼs 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 hereby accept these terms and conditions for an on behalf of the Advertiser.

Full Name Business Name Customer Reference Number

Signed

Date

This document can be returned by fax to 0865 791 954

or email to 2010garmap@dsg.co.za


				
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Description: Terms and Conditions