By booking a Classic Vehicle through Timeless Rides through this web portal (the "Website") the Customer will be deemed to have read, understood and agreed to these Terms of Use.
For the purposes of these Terms, the Classic Vehicle Supplier shall be referred to as "Supplier".
We process information about you and your use of Timeless Rides in accordance with our Privacy Policy. By using Timeless Rides, you consent to such processing and you promise that all data provided by you is accurate.
The following definitions and rules of interpretation apply in this agreement.
1.1.1. "Booking": when Customers book a Classic Vehicle/s for hire through the Website.
1.1.2. "Business Day": any day including weekends and public holidays. "Business Hours": the period from 8h00 to 17h00 on any given Business Day.
1.1.3. "Classic Vehicle": the classic vehicle uploaded on the Website by the Supplier
1.1.4. "Contract": a contract for the provision of Services between Timeless Rides and the Supplier.
1.1.5. "Customer": an individual, business, company, trust or other entity whether incorporated or not, who/which hires a Classic Vehicle from the Supplier through the Website.
1.1.6. "Deposit": a payment made by the Customer to Timeless Rides equal to at least 50% of the Total Fee
1.1.9. "Day": a period of 24 consecutive hours ending at 12.00 midnight.
1.1.10. "Hiring Fee": the fee which the Customer pays to the Supplier for the hire of the Classic Vehicle, and which Timeless Rides receives.
1.1.11. "Intellectual Property Rights": patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.1.12. "Month": a calendar month.
1.1.13. "Registration Form": The form which the Supplier must complete in order to make use of the Services.
1.1.14. "Service": services provided by Timeless Rides to the Supplier using the Timeless Rides booking service for hire of a Supplier's Classic Vehicles.
1.1.15. "Supplier": The Classic Vehicle Supplier.
1.1.16. "Total Fee": The entire fee payable for booking of the Classic Vehicle directly from the Customer to Timeless Rides through the Booking process.
1.1.18. "Website": Timeless Rides online portal located at www.timelessrides.co.zw
1.1.19. "Week": any period of seven consecutive Days.
1.1.20. "Year": any period of 12 consecutive Months.
1.2. A person includes a natural person and juristic persons, incorporated or unincorporated and that person's personal representative successors and permitted assigns.
1.3. A reference to a Supplier shall include any Supplier, or nominee of the Supplier, wherever and however incorporated or established.
1.4. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6. A reference to any party shall include that party's personal representatives, successors and permitted nominees.
1.7. A reference to writing or written includes email.
1.8. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.9. References to clauses and Schedules are to the clauses and Schedules of these Terms and Conditions.
1.10. Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense the words, description, definition, phrase or term preceding those terms.
2.1. The Total Fee and availability of Classic Vehicles are subject to change without notice to the Customer.
2.2. The Customer acknowledges and accepts that Timeless Rides is only a booking site and the Services rendered by Timeless Rides are limited to a booking service for hire of Classic Vehicles. All Suppliers are independent third party providers, whom Timeless Rides is not responsible nor accountable for and accepts no liability for or on behalf of.
2.3. These Terms of Use govern and apply to all Bookings of Classic Vehicles. The Customer accepts that it is solely responsible for bringing these Terms of Use to the attention of all passengers and for ensuring that all passengers in the Classic Vehicle understand and accept that these Terms of Use shall apply to them, as applicable.
2.4. To book a Classic Vehicle the Customer must fill in a Booking form on the Website. If the Supplier accepts the Booking then the Customer will receive a notice from Timeless Rides confirming as such to an email address the Customer has furnished to Timeless Rides.
3.1. The Customer warrants that all information the Customer provides on the Booking form (and to Timeless Rides in general) is true and correct.
3.2. In the event that a child or any other person who is required to be seated in a particular way and will be travelling in the Classic Vehicle, the Customer shall ensure that suitable car seats and/or devices are provided by the Customers and are used in accordance with lawful and proper safety protocol. This must be conveyed to Timeless Rides, by the Customer, at the time of the Booking. The Customer acknowledges that he/she is solely responsible for any minor passengers.
3.3. The Customer acknowledges that some of the Classic Vehicles may not be fitted with seatbelts and/or may not be suitable for children (or any other person who is required to be seated in a particular way) to travel in and the onus is on the Customer to ensure that it does not hire such Classic Vehicle if seat belts or other installations are necessary for the purpose for which the Customer has booked the Classic Vehicle.
3.4. Under no circumstances are animals allowed to travel in Classic Vehicles booked through Timeless Rides unless express prior written permission is given by the Supplier.
3.5. The Customer understands that the fee for hiring the Classic Vehicle is calculated, inter alia, having regard to the moment the Classic Vehicle is made available to the Customer until it has been returned. Allowances should be made for travel time.
3.6. Bookings that are for a substantial period of time should be set out and provided for in the Booking request by the Customer so as to avoid any potential problems.
3.7. Timeless Rides is reliant, inter alia, on its Suppliers. Suppliers can take around 48 hours to respond to correspondence relating to the hire of their vehicles and are not obligated to accept a Booking request.
3.8. The Customer agrees that should they run more than 20 minutes late for scheduled Booking, the Customer will be liable to pay an additional hour's fee for every hour they run overtime. This overtime fee will be payable to Timeless Rides directly.
3.9. For the avoidance of doubt, Timeless Rides accepts no liability or responsibility whatsoever for the Supplier's conduct and/or the Supplier's adherence to any lawful and/or other requirements ordinarily required of a vehicle owner or driver. This includes but shall not be limited to the Suppliers' discretion as to whether it accepts the Booking or not.
3.10.1. use the Website to request, make or accept a booking independent of the Website, to circumvent any Bookings Fees or for any other reason;
3.10.2. request, accept or make any payment for Total Fee outside of the Website. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms of Use; (ii) accept all risks and responsibility for such payment, and (iii) hold Timeless Rides harmless from any liability for such payment;
3.10.3. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Timeless Rides or any of Timeless Rides' providers or any other third party to protect the Website;
3.10.4. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
3.10.5. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or
3.10.6. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website
4.1. The Customer acknowledges that Timeless Rides does not own nor takes any responsibility for the Classic Vehicle nor does it have any prior knowledge of the conditions of the Classic Vehicle nor has it carried out any examination of the Classic Vehicle. Timeless Rides does not accept any liability for the Classic Vehicles, including, without limitation, their conditions, state or suitability for relevant booking.
4.2. The Customer acknowledges that the Classic Vehicles may not all be registered. In this case, these vehicles are for static use only and are not to be driven on public roads. The Customer should contact the Supplier directly if they are unsure or require more information regarding these vehicles.
4.3. Due to the age of the Classic Vehicles, some may have speed restrictions or other restrictions based on nature or condition of the Classic Vehicle. The Customer accepts that such conditions and warrants that he will adhere to these restrictions at all times.
4.4. The Customer should inform Timeless Rides in their Booking request whether they will require the Classic Vehicle to be driven off-road or on an unpaved road.
4.5. The Customer understands that due to the age of the Classic Vehicles it is possible that a Classic Vehicle may breakdown. The Customer agrees that it is their responsibility to ensure that if the Classic Vehicle breaks down and if for whatever reason the Supplier is not present, the Supplier must be immediately informed.
4.6. The Customer and passengers acknowledge that the activities associated with the access to and use of the Classic Vehicle, carry inherent risks and accordingly acknowledge that they assume the entire risk arising from, or as a result of the access to or use of the Classic Vehicle, and Timeless Rides shall not be held responsible for any loss, damage, injuries or death suffered by the Customer or the passengers arising from, or as a result of the access to or use of the Classic Vehicle.
5.1. Once the Customer submits a Booking request, the Customer will receive an estimated Total Fee, which is subject to the Supplier's discretion.
5.2. Once Timeless Rides has confirmed availability for a Booking, the Customer will pay a minimum of 50% deposit upfront, which signifies acceptance. Once proof of payment of the Deposit has been received, the Booking is confirmed. The Booking is subject to cancellation if the remainder of the payment is not timeously received, does not reflect in Timeless Rides' bank account or is reversed.
5.3. The Customer may pay Timeless Rides in cash or by cash deposit to the bank details provided by Timeless Rides.
5.4. The remaining balance, once the Deposit has been paid, is to be paid over to Timeless Rides no later than 7 Days prior to the commencement of the Booking.
5.5. If the Booking is confirmed within the 7 Day period, then the full amount due is payable upfront to Timeless Rides.
5.6. If the Customer cancels the Booking at any time prior to the 7 Day period and/or fails to pay the balance of the Total Fee prior to the 7 Day period, then it shall forfeit its Deposit.
5.7. If the Customer cancels the Booking within the 7 Day period preceding the Booking, the Customer will forfeit the full amount.
5.8. If the Supplier cancels the Booking, for whatever reason, Timeless Rides will use its reasonable endeavours to secure a similar vehicle as a replacement; failing which Timeless Rides shall, at its discretion, refund the Customer in full. For the avoidance of doubt, Timeless Rides shall not be liable to the Customer (or at all) in the event that a Booking is cancelled.
6.1. All complaints relating to the booking process should be directed to Timeless Rides. Complaints relating to the Classic Vehicle, or the Supplier should be directed to Timeless Rides.
6.3. In the event that the Customer is not satisfied with a Supplier or Classic Vehicle, then Timeless Rides should be informed so that Timeless Rides may attempt to address the issue.
7.1. All copyright, trademarks and all other Intellectual Property Rights on the Website and its content (including without limitation the website design, text, graphics and software and source codes connected with the website) are owned or licensed to Timeless Rides or otherwise used by Timeless Rides as permitted by law.
7.2. In accessing the Website, the Customer agrees that none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home us only.
8.1. Neither Timeless Rides nor its employees, directors, shareholders, members or affiliates shall be liable to the Customer or any passengers in respect of or pursuant to any loss, liability, injury, death, damage or claims of whatsoever nature (including without limitation any loss of profits and/or any special and/or consequential loss or damages) whether arising through the rendering, non-rendering or attempted rendering by Timeless Rides of the Services or as a result of any negligent act or omission on the part of Timeless Rides.
8.2. Without detracting from the foregoing, in no event shall the amount of any damages for any loss suffered or alleged to have been suffered by the Customer as a result of the Services and for which Timeless Rides is held to be solely or partly liable, exceed the gross amount paid by the Customer to Timeless Rides for the use of a Classic Vehicle.
8.3. By the Customer's (and passengers) acceptance of these Terms of Use, it hereby irrevocably and unconditionally waives any and all claims referred to above and irrevocably indemnifies Timeless Rides and its employees, directors, shareholders, members and affiliates to the fullest extent, against any and all claims of any nature (including without limitation those of third parties) and whether arising directly or indirectly in relation to or as a result of the Services, or in relation to any Classic Vehicles or any Supplier. This is a material provision of the Terms of Use and upon which Timeless Rides is entitled to rely upon and enforce.
8.4. Without in any way limiting or derogating from the provisions above, Timeless Rides shall further not be liable to the Customer for any damage, loss, liability or injury of whatsoever nature and howsoever arising that may result from any events which are unforeseen, unforeseeable, irresistible or outside the control of the ordinary person, including but not limited to: any acts or omissions of any government, government agency, provincial or local authority or similar authority, civil strife, riots, insurrections, sabotage, acts of war or public enemy, illegal strikes, interruption of transport, lockouts, tremor, flood, storm or fire.
8.5. The Services are provided "as is" without warranty of any kind, and Timeless Rides disclaims all warranties, whether express or implied, including (i) the performance, non-interruption or safety of the booking platform; and (ii) the legality or any other quality of the Services, any Classic Vehicle or a Supplier.
8.6. All of the obligations contained in these Terms of Use shall be binding on Customers and all passengers, their legal representatives, heirs, assigns, executors and administrators.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition are severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.
10.1. Any notice or other communication given to a party under or in connection with these Terms of Use shall be in writing and shall be delivered by hand or by registered post or email to:
10.1.1. In the case of Timeless Rides, the following addresses:
10.1.1.2. Email Address: info@timelessrides.co.zw
10.1.2. In the case of the Customer, the email address recorded in the Booking Form referred to at clause 2.4 of these Terms of Use.
10.2. Any notice or communication shall be deemed to have been received:
10.2.1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
10.2.2. if sent by registered post or other next working Day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the service.
10.2.3. if sent by email to the chosen email address of the addressee shall be deemed, failing any administrator or mail server errors, to have been received by the addressee on the Business Day immediately following the date of sending, unless the addressee proves that the email was not delivered to its email system or that the email was incapable of being retrieved, read or otherwise processed by the addressee's system.
10.3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include e-mail.
11.1. Timeless Rides may ask for such personal data which may be necessary for Timeless Rides to receive the Booking and to comply with all applicable rules and regulations.
11.2. Any personal data which Timeless Rides may receive from the Customer shall be dealt with in accordance with the applicable data protection legislation.
11.3. Timeless Rides reserves the right to contact the Customer by any means of communication about services and goods which Timeless Rides and/or any of its partners may offer from time to time unless the Customer has requested Timeless Rides not to do so.
11.4. The Customer warrants that any photographs and other information which the Customer has provided to Timeless Rides does not infringe on any third party's Intellectual Property Rights and the Customer consents and grants to Timeless Rides a perpetual, and irrevocable right to use any photographs which may be taken with the Timeless Vehicle.
11.5. If the Customer does not wish for their photographs to be used by Timeless Rides, the Customer agrees to inform Timeless Rides, in writing, prior to the commencement of the Booking.
Timeless Rides respects your privacy and your personal information, and will take reasonable measures to protect it, as detailed in Timeless Rides's Privacy Policy.
These Terms of Use (including their validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the Parties in terms of and arising out of the conclusion, breach and termination of the provisions of this Agreement), shall be interpreted and governed in all respects by the laws of Zimbabwe.
1. Compliance with Applicable Law
Protecting Customer privacy is of utmost importance to Timeless Rides. Accordingly, Timeless Rides has developed this Privacy Policy in order to safeguard the Customer's personal information and to protect the confidentiality thereof. In so doing, Timeless Rides has taken cognisance of the provisions of the Constitution of Zimbabwe and the common law so as to ensure compliance with all relevant statutory requirements and best practice under Zimbabwean law.
2. No Liability for Unauthorised Disclosure
While Timeless Rides will do all things reasonably necessary to protect the Customer's rights of privacy whilst on the Timeless Rides website, Timeless Rides cannot accept any liability whatsoever for unauthorised or unlawful disclosure of the Customer's personal and confidential information made by third parties who are not subject to Timeless Rides's control.
3. Personal Information
For purposes of this Privacy Policy, "personal information means the Customer's name, surname, address, e-mail address, telephone number, cell phone number, ID number, physical address, company name, contact ID number, credit card or banking details."
4. Consent to Collection
By accepting the Timeless Rides Terms, the Customer consents to Timeless Rides collection of personal information on an ongoing basis for the continued duration of the Customer's relationship with Timeless Rides, subject to the limitations set out in this Privacy Policy.
5. Types of Personal Information Collected
Timeless Rides collects personal information when a Customer submits an application form to make use of Timeless Rides Services, to become a Service provider of Timeless Rides or to respond to a Timeless Rides survey. If you choose to pay for the Services you order from Timeless Rides by way of EFT, PayPal or Online Credit Card processing
6. Cookies
We use cookie technology which comprises tiny pieces of data or a small text file that is stored on your computer's hard drive and which contains information about you, so that the next time you visit the Timeless Rides website, the cookie reminds us of who you are, enabling us to achieve our goal of providing a valuable online experience to you. You are able to however, disable this cookie technology in your Internet browser.
7. Customer Data
The Customer Data collected by Timeless Rides is used solely in connection with granting you access to the website.
8. Service Announcements
In order for Timeless Rides to fulfil its service obligations it is necessary to send out a strictly service related announcement. For instance, Timeless Rides will send an email to relevant Customers if Timeless Rides anticipates a service interruption as a result of system maintenance. Generally, Customers may not opt-out of these communications. These communications are not promotional in nature
9. Disclosure of Personal Information
Subject to your right to withdraw your consent in certain instances, you agree that we may obtain your personal information and use it, for certain specified purposes, including for, Timeless Rides marketing and contract administration. We will also provide personal information to law enforcement authorities in response to subpoenas and other lawful requirements where we believe that the disclosure of such personal information is necessary to identify, contact or institute legal proceedings against third parties who jeopardise the provision and rendering of the Services by Timeless Rides.
Information collected from Customers may be disclosed to independent contractors and business partners provided that they (i) have agreed to hold this information in confidence, (ii) do not use it for any purpose other than carrying out the service they are providing for Timeless Rides
10. Retention of Personal Information
All personal information will only be retained for as long as it is necessary to fulfil the purposes mentioned in clause 9 above.
11. Accurate and Up To Date
Timeless Rides will use its best endeavours to keep the personal information it collects as accurate, complete and up to date as is necessary for the purposes mentioned in clause 10 above, and Timeless Rides shall, from time to time, request the Customer to update its personal information on the website.
12. Data
By using the Timeless Rides system you give consent that we may use your information for internal marketing purposes with any of our sister sites.
13. Security
Timeless Rides uses encryption, firewalls and other security technology and procedures to help protect the confidentiality of your personal information and prevent unauthorised access or improper use thereof. All personal information is securely stored in Timeless Rides's Customer Database.