Posted on May 21, 2018
At The Torque we respect the privacy of our users (“user, you, your"). Below are the terms & conditions of how we at The Torque collect and use a user’s personal information.
The user agrees to use The Torque (“website, Website, site, mobile application”), its services, content and terms and conditions in accordance with the law and public order. It is compulsory to use The Torque in a proper and lawful way.
The Torque is an online platform focused on the automotive industry whereby users upload and share their own personal opinions, photos and videos and interact with other users. Users may only upload images/videos that are associated with car related content.
The services available on The Torque are free of charge to users.
The Torque is not available to individuals who are younger than 13 years of age.
The Torque may, in its sole discretion refuse to offer its services to any person and change its eligibility criteria at any time.
The Torque is open to individuals who are 13 years and older. It is accessible to people both locally and internationally. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
We may collect certain of your personal and other information on and or through using our website and/or mobile application on or through signing up.
If you access The Torque through your Facebook account you allow The Torque to access basic information and/or information provided by you at any given time. Such information includes but is not limited to your profile information, first name, last name, e-mail address, location Profile picture, Gender and Facebook ID. If agreed to by you through the Facebook sign-up process you so agree, The Torque can post on your wall on behalf of you. If you choose not to agree, you can sign-up to The Torque through other means such as Twitter and/or directly on website, using The Torque sign-up form.
If you choose to sign-up via Twitter, you allow The Torque to read your publically accessible Tweets, see who you are following and post tweets on your behalf.
If you choose to sign-up directly on The Torque sign-up form you will be required to provide The Torque with the information displayed on the initial sign-up page including your personal information such as name, surname, e-mail address, contact information, etc. We collect this personal information in order to ensure we deliver the best possible service to you and that we can contact you for reasons including competition draws, third party and brand contact as well as to improve the use of our services for you the user.
The Torque will not give personal data that you the User has provided, to any third party, except where you have agreed to the sharing of such information or in such instances that we are legally obliged to do so. SHOULD YOU CHOOSE TO POST/PUBLISH INFORMATION ON OUR SITE AND/OR MOBILE APPLICATION AFTER YOU HAVE CREATED YOUR ACCOUNT YOU UNDERSTAND AND ACKNOWLEDGE THAT THIRD PARTIES MAY SHARE/ RE-PUBLISH SUCH INFORMATION ON A VARIETY OF PLATFORMS SUCH AS TWITTER, FACEBOOK, PINTEREST AND OTHER SUCH SOCIAL SHARING NETWORKS. Please see our disclaimer for liability in the paragraphs below relating to such posts/ publications.
To exercise your rights of access, rectification, opposition or cancellation, please email The Torque at info@theTorque.co.za. Please also see paragraphs below relating to Deletion or closing of your account should you wish to do so.
It is possible that data provided to The Torque is stored in search engines such as but not limited to Google and The Torque is not held responsible and is excluded for all liability for any information exposed by the search engines.
In order for The Torque to stay in touch with users and keep users informed, The Torque partakes in social networks such as Facebook, Twitter and Instagram, therefore it is possible for an image to be viewed through these social networks using the links to The Torque shown in the pictures uploaded.
The user owns all content and information the user posts on The Torque. The user ensures they are not infringing any copyright and/or intellectual property rights of a 3rd party by posting such information. The user is personally responsible for all information uploaded to their personal profile and the legitimacy of it.
The User agrees not to:
The Torque does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website and/or mobile application including without limitation, any representations or warranties as to the accuracy, completeness reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website and/or mobile application, including without limitation The Torque does not warrant that the Website and/or mobile application information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality.
The main purpose of The Torque is real life reviews on real life cars, by real people. Therefore, uploading images/videos to The Torque and sharing them on social networks, blogs, other websites and mobile applications, as well as in other media, is fundamental to the objective of The Torque website and/or mobile application.
USERS MUST THEREFORE BE AWARE THAT WHEN POSTING YOUR PICTURES AND/OR INFORMATION ON OUR SITE THROUGH ANY METHOD, YOU ARE GIVING ACCESS TO THIRD PARTIES WHO MAY VIEW YOUR PROFILE AND INFORMATION, OR EVEN PUBLISH IT AND SHARE ITS CONTENT ON OTHER WEBSITES, BLOGS AND/OR SOCIAL NETWORKS. The Torque is not responsible for the privacy practices or content of these third party websites or software.
Pictures/videos posted by Users can be removed at any time. All information and photographs provided by the User on The Torque will be removed when the User removes him/herself from the Torque Website and/or mobile application. The publication of photographs showing people other than the User is prohibited.
As the user is held liable for the information they upload on The Torque, the user guarantees that they are posting as per the terms herein and further that he/she owns the rights to the Intellectual Property ("IP") that is provided to The Torque, including copyright (including photographs/videos), trademark, design, trade secrets and any other such IP. Through the publishing or posting of such information to their account, the user gives The Torque a non-exclusive license for free, to use, copy, display and distribute any IP content through the Website and other mobile applications. This license allows The Torque to enable users “posts/published articles” to be available to automotive and car lovers (nationally and internationally), so that they can gain informed balanced views of any particular car (assuming it exists on The Torque). The user remains the sole owner of this content which can be deleted easily, at any given time. The license expires when the IP content or the user’s account is deleted.
THE TORQUE CANNOT CONTROL NOR BE HELD LIABLE FOR THE TRUTHFULNESS, ACCURACY, COMPLETENESS RELIABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS AND LEGALITY OF THE INFORMATION AND CONTENT YOU UPLOAD. WE FURTHER DO NOT ACCEPT RESPONSIBILITY AND MAY NOT BE HELD LIABLE FOR THE INFORMATION PUBLISHED ON THE SITE BY A USER. If it comes to our attention that a user is abusing the site by posting information listed above including unlawful information that may be harmful; degrading; defamatory; pornographic or the like, or such information that may infringe on any of these terms and conditions such as the uploading of protected information under any legislation or information that infringes intellectual property rights of a third party, The Torque will be entitled, in its discretion, to immediately withdraw the user's account and reserves the right to report such abuse to the relevant authorities.
Should you become aware of another user infringing any of these terms and conditions including the publishing of harmful or unlawful information and or infringing your rights of that of a third party please report this information immediately to us on firstname.lastname@example.org. We will remove offensive, defamatory or offensive comments or content once we are aware of the existence of such content. Should you become aware of a user posting such info please report this to email@example.com
The Torque requires that users agree to these end user license agreement terms ("EULA") and these terms make it clear that there is no tolerance for objectionable content. The Torque has provided users with an option to flag/report any objectionable content that is inappropriate and offensive. The Torque will act with regard to objectionable content reports and will act within 24 hours by removing the offending content. The determination of whether content is objectionable or offensive will be in the sole discretion of the The Torque.
The Torque will eject from the further use of the website, any users who violate The Torque’s terms and conditions.
The Torque is further in no way responsible or liable for the content or views expressed by a User on the website or mobile application. We also do not guarantee that other users use the services and content in compliance with these terms. We further do not guarantee the accuracy of the information that users provide about themselves on their profile. We cannot be held liable and or further we exclude any liability for damages of any kind that may result from the use of services and content by users that may be due to lack of accuracy, validity or authenticity of the information that users provide to us, in particular but not limited to, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through our website and/or mobile application or the re-posting of such information on a third party service by users as well as people not belonging to the website.
The Torque reserves the right to withdraw from The Torque website and/or mobile application, all the content that is inconsistent with these Terms and Conditions and/or current legislation. In no event shall The Torque be required to justify the removal of content from The Torque and The Torque shall not attract any liability whatsoever in doing so. The Torque reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties. INTELLECTUAL PROPERTY, including all trademarks, trade names, logos and logotypes that appear on The Torque are property of The Torque or third parties. Content that is the Intellectual Property of The Torque or third parties may not be understood as being granted to the User. The only intellectual property rights that are permitted to the User are those that are inherent in using the services of The Torque. In any case commercial use is prohibited.
SHOULD YOU WISH TO CLOSE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CHOOSING THE DELETE PROFILE OPTION IN THE EDIT PROFILE SECTION. SHOULD YOU CHOOSE TO DO SO, YOU UNDERSTAND THAT ALL INFORMATION YOU HAVE ADDED, DURING REGISTRATION TO DATE OF DELETION, INCLUDING ALL PICTURES, COMMENTS AND INFORMATION ASSOCIATED WITH YOUR ACCOUNT WILL ALSO BE DELETED. IT IS IMPORTANT TO NOTE THAT THIS INFORMATION WILL NOT BE RECOVERABLE AFTER CHOOSING TO DELETE YOUR ACCOUNT.
You shall no longer receive any further communications from The Torque when you close your account. You will only receive communications from third parties to whom you have given your permission to contact you. You will need to unsubscribe from sponsor communications programs directly with each third party.
We reserve the right to delete any account for any of the following reasons. The reasons below are not intended to be an exhaustive list and there may be other reasons for us to delete an account:
Once your account is deleted, all information you have added, during registration to date of deletion, including all pictures, comments and information associated with your account is also deleted. It is important to note that this information will not be recoverable after choosing to delete your account or if we delete it.
The Torque does not guarantee the availability and continued operation of its services. Whenever possible, The Torque provides warnings prior to disturbances that might occur in the functions of the site and its services.
Users understand and agree that use of The Torque and its services is at their own discretion and the user will be solely responsible for any damages that arise from such use.
The Torque its officers, affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any direct, indirect, special, secondary, consequential or corrective damages of any kind, or damages that may relate to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site that may be owing to lack of accessibility or continued function of The Torque and its services or to the failures in access to different web pages that constitute The Torque.
The Torque is not liable for and does not guarantee the absence of viruses or other features in the services provided by third parties through The Torque that may cause modifications in the User’s computer system.
The Torque does not guarantee the accuracy of the information that you or other users provide about themselves on their profile.
We are in no way responsible for the content you choose to post on your account and should this content infringe any rights of a third party (Including Intellectual Property, civil and or criminal) and/or cause a third party damages in anyway, we will on notification of such infringement immediately be entitled, in our discretion, to suspend and/or cancel your account. We shall in no way be held liable and thereby exclude our liability in total (as stated above) for any actions arising out of posts or re-posts by any person and/or user including but not limited to actions for damages, loss, consequential loss and/or any criminal and or civil sanctions arising directly and/or indirectly to these third parties, for any “re-posting” of such information by any other third parties or by yourself, of any information and you accept sole responsibility for any and all damages and/or harm arising out of posts you make on the website, including but not limited to any criminal and or delictual actions arising out of any posts and/or reposts. You hereby indemnify us and our officers, affiliates, shareholders, directors, agents, consultants or employees fully for any claims that may be made against The Torque and its officers, affiliates, shareholders, directors, agents, consultants or employees arising out of the aforegoing.
This Website and/or mobile application is controlled, operated and administered from The Torque's offices within the Republic of South Africa and therefore makes no representations that the content of the Website is appropriate or available for use in other locations or countries. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.
The Torque is focused on protecting the personal data of its users. In the user registration process, a user must choose a password. Each user is responsible for maintaining the confidentiality of their password. The user agrees to notify The Torque as soon as possible with the unauthorized use of his/her username and/or password or any other breach of security. The Torque shall not be held liable for any damage or loss associated with non-fulfilment of this obligation on the user's part.
When you visit our website or use our services, you may submit personal information to us. Personal information collected or processed by us is stored on our servers, which are located in the United States of America. By submitting personal information on our website and/or mobile application or to your account, you explicitly consent to trans-border transmission of the information.
We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction.
The Torque reserves the right to disclose a User’s personal information when it believes that an applicable law, regulation, or legal process requires it, or when The Torque believes disclosure is necessary to protect The Torque's rights or the rights of another user.
The Torque owns The Torque site and The Torque mobile applications.
The Torque may use your information and contact data, as voluntarily submitted by you on registration and/or through your use of the website, in order to send you own or third-party communication that may be of interest to you, the user. The Torque will send you such direct communication about the services of other companies:
In order to provide offers, products or services of your interest, we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such communication implies your consent for the processing and analysis of the data you provided in your profile.
It is noted that you may modify the sending of The Torque commercial communications by unsubscribing to this via the communication platform or through your online account whereby you may control sending, or cancel or apply, by emailing to info@theTorque.co.za.
The Torque site, mobile applications, their properties including but not limited to their trademarks, logo, copyright which includes but is in no way limited to source code, design, software, algorithms and any patents are owned by The Torque as their Intellectual property and The Torque has full ownership rights to such property. The use of Intellectual Property of The Torque or third parties may not be interpreted as anything other than right of use being granted to the User. The only intellectual property rights that are permitted to the User are inherent in using the services of The Torque. Commercial use of intellectual property belonging to The Torque is strictly prohibited.
To file a copyright infringement notification with us, please send us an email containing the following requirements:
Except as explicitly stated otherwise, any notices shall be given by email to info@theTorque.co.za. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.
Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
Should you have any complaints about any aspect of the Website and/or mobile application or if you have any questions or would otherwise like to provide any other feedback please contact The Torque via email:
General Contact: info@theTorque.co.za
Support queries: info@theTorque.co.za
Advertising queries: info@theTorque.co.za
LAST UPDATED: APRIL 2017