TERMS AND CONDITIONS
- WELCOME TO OUR WEBSITE
This website can be accessed atwww.landrover.co.za or www.jaguar.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Jaguar Land Rover (South Africa) Proprietary Limited (Registration No: 2001/027269/07) (“JLRSA”, “ we”, “us” and “our”).
2.1 These Website Terms and Conditions (“Terms and Conditions”) govern the use of the Website.
2.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Accept” button on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2.3 We provide a platform where you may view available passenger motor vehicles which are manufactured by us or our affiliated companies and branded with our intellectual property (“Vehicles”), and offer to purchase such Vehicles at selected and participating JLRSA authorized retailers (“Dealerships”). Although you may be able to conduct payment of Holding Deposit amounts and other transactions through the Website using third party vendors, we are not in any way involved in such transactions. As a result, JLRSA is not a party to these transactions and has no control over any element of the transactions, and, as far as the law allows, will not have any liability to any party in connection with such transactions.
2.4 You must not use this Website if you do not agree to the Terms and Conditions. JLRSA reserves the right to prevent your usage of this Website if you misuse the contents contained within this Website in any manner. JLRSA is the final arbiter as to what shall constitute misuse and its decision will be final. This Website is for private use only and any commercial enterprises may not make use thereof.
2.5 We reserve the right to amend these Terms and Conditions at any time without prior notice.
- CONTACTING US
3.1 JLRSA is registered in South Africa as a private company with limited liability and its registered office and details are as follows:
28 Victoria Link
Route 21 Corporate Park
Private Bag x2
Pierre van Ryneveld
3.2 For the purposes of the ECT Act, JLRSA’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
3.2.1 Full name: Jaguar Land Rover (South Africa) (Pty) Ltd, with registration number 2001/027269/07;
3.2.2 Main business: Authorised agent of Jaguar Land Rover Limited (registration number: 1672070), a company incorporated in accordance with the laws of England, with regard to the sale of vehicles designed, manufactured and distributed under the Jaguar brand and the Land Rover brand within the geographical boundaries of the Republic of South Africa;
3.2.3 Physical address for receipt of legal service: 28 Victoria Link, Route 21 Corporate Park, Nellmapius Drive, Irene x20;
3.2.4 Office bearers: Richard Gouverneur, Brian Hastie, Liaan Kretzschmar, Sharnie Malan, Lisa Mallett, Nigel Clarke;
3.2.5 Phone number: +27 12 450 4025;
3.2.6 Official email address: email@example.com;
3.2.7 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
3.3 You can get in touch with us:
3.3.1 via the contact section of this website;
3.3.2 by mail or email at the addresses specified above;
3.3.3 by telephone during normal office hours (Monday – Friday 9am – 5pm excluding Bank Holidays) on our number listed above (your call may be recorded).
- ACCURACY AND AVAILABILITY
4.1 Whilst we always do our very best to ensure the information shown on the Website is accurate and up to date, we give no warranty or undertaking as to the quality, or freedom from error, of the contents of this Website. We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4.2 We have taken all reasonable precautions to try to ensure that information quoted on the Website is correct and that all Vehicles have been fairly described with regards to description, colour, specification and other features (“Specifications”). We take every care to ensure that the Specifications of the Vehicles are correct.
4.3 Specifications on this Website are not intended to be binding and are intended only to give a general description of the Vehicles. We reserve the right to amend the Specifications without prior notice. Images are for illustrative purposes only. The colour reproduction of the Vehicle images on the Website is a close representation of the actual colour of the Vehicles; we however cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. As such, the colour image of the selected Vehicle may not be an exact representation of the Vehicle’s actual colour. If you have specific concerns or requirements and would like further information regarding any Specifications, please email firstname.lastname@example.org and we will be gladly assist you further.
4.4 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
4.5 JLRSA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that JLRSA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
4.6 If you fail to comply with your obligations under these Terms and Conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4.7 JLRSA is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to engage in any unlawful activity, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment of the Holding Deposit on any order, and/or to cancel any order concluded between you and a Dealership, in whole or in part, on notice to you. JLRSA shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal.
4.8 At any time, you can choose to stop using the Website, with or without notice to JLRSA.
- USE OF THE WEBSITE
5.1 You are permitted to browse this Website and we also encourage you to download and share elements with your friends and family for personal and information use. However, you are not allowed to reproduce extracts by way of printing, downloading or by distribution to other people for business use, or create any hyperlink or other similar form of connection to this Website without our express written permission. The use of this Website within any other website by the use of framing or otherwise is strictly prohibited.
5.3 By using the Website you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
5.4 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised JLRSA representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
6.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of JLRSA, its advertisers and/or sponsors and/or is licensed to JLRSA.
6.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
6.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
6.4 Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
7.2 It’s important to understand that our cookies can’t harm your computer – they don’t contain viruses. We don’t store personally identifiable information such as credit card details in the cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site. For example, they help us to identify and resolve errors which then allow us to improve the site for you and other users, and they will also help you experience our site to the fullest.
7.4 To transact on the Website, you need to have cookies enabled. If you do not wish to enable cookies, you will still be able to browse the Website and use it for research purposes.
- USE OF THE ONLINE SHOWROOM
8.1 You may browse the Website for Vehicles that are available for sale at a selected Dealership. Should you wish to purchase a specific Vehicle at that Dealership, you will have to complete the information form and submit it.
8.2 Once you have completed and submitted the information form, you may place orders for Vehicles on the selected Dealership by using the Website (“Orders”), which the Dealership in question may accept or reject. An Order is not a binding agreement between you and the Dealership, and merely constitutes an expression of interest in the specific Vehicle. An agreement of sale will only be concluded between you and the Dealership upon the signature of an Offer to Purchase in terms of paragraph 8.5 below.
8.3 Whether or not the Dealership accepts an Order depends on the availability of Vehicles, correctness of the information provided by you in your request (including, but not limited to any trade-in vehicle) and receipt of payment or payment authorisation by the Dealership of a Holding Deposit (“Holding Deposit”) in the amount of R5000.00 (five thousand Rand) for the selected Vehicle. Notwithstanding the aforesaid, the actual amount payable as Holding Deposit may change from time to time.
8.4 The purpose of the Holding Deposit is to confirm your interest in a specific Vehicle. Once you have paid the Holding Deposit, the Dealership will hold the selected Vehicle for you for a period of 2 (two) business days (which excludes Saturdays, Sundays and Public Holidays in the Republic of South Africa), calculated from the date and time of our receipt of the Holding Deposit. During this time, the Vehicle will not be available for sale to another customer. You may only pay a Holding Deposit once in respect of a selected Vehicle, and you may not pay an amount larger than the indicated Holding Deposit amount in respect of the Vehicle.
8.5 Upon receipt of the Holding Deposit, the Dealership will contact you as soon as is reasonably possible in order to conclude an offer to purchase in respect of the selected Vehicle with you in accordance with its Standard Vehicle Terms and Conditions of Sale (“Offer to Purchase”). You will be required to provide all information and documentation required in law by the Dealership for the sale of a Vehicle to you.
8.6 Should you decide to purchase the Vehicle and conclude an Offer to Purchase with the selected Dealership within the time period specified in paragraph 8.4, the Holding Deposit will be deducted from the purchase price of the Vehicle and you will pay the balance of the purchase price against delivery of the Vehicle. If, on the other hand, the Offer to Purchase lapses or is cancelled, the Dealership will refund your Holding Deposit subject to its Standard Vehicle Terms and Conditions of Sale.
8.7 Take note that JLRSA only provides the platform to facilitate a transaction between you and the Dealership. JLRSA is neither the seller nor the purchaser in this transaction, unless otherwise specified. Only at the time of signature of an Offer to Purchase by yourself and an authorized Dealership representative will an agreement of sale between you and the Dealership come into effect (the “Sale”). JLRSA is not a party to this Sale and the Dealership is solely responsible for fulfilment of the sale and delivery of the Vehicle. This is so regardless of any communication from JLRSA or the Dealership stating that your order has been confirmed or that the Holding Deposit has been received.
8.8 The Dealership will, if applicable, indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
8.9 Prior to signing the Offer to Purchase, you may cancel an Order at any time.
8.10 You acknowledge that stock of all Vehicles on offer is limited and that pricing may change at any time without notice to you. JLRSA and the Dealership will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When a Vehicle is no longer available after you have placed an order and paid the Holding Deposit, JLRSA and/or the Dealership will notify you and you will be entitled to a refund of the Holding Deposit.
8.11 JLRSA relies on inventory information supplied by the relevant Dealership and JLRSA accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Vehicle from a Dealership which is in fact sold or no longer available, any resulting dispute should be resolved between you and the relevant Dealership, your respective rights and obligations being as set out in these Terms and Conditions.
8.12 Take note that all prices and estimated finance terms on the Website are indicative only and does not include the initiation fees or administration fees of your financier. JLRSA and/or the Dealership does not provide vehicle finance or apply for finance on your behalf. Should you wish to obtain vehicle finance to purchase the selected Vehicle, you must apply for and obtain your own finance from a financier. JLRSA cannot guarantee that you will be granted finance in respect of the selected Vehicle, nor that the terms attaching to any finance application will be favourable to you, all of which is subject to your financier’s terms and conditions.
8.13 Any trade-in value for your current vehicle (as indicated on the website where this option is chosen by you) is merely an indicative value obtained by JLRSA from the electronic database of a registered credit bureau in the Republic of South Africa on similar vehicles. The value of your vehicle for trade-in purposes is subject to the physical assessment of the vehicle by the Dealership, the accuracy of the information provided by you and a written, signed offer of a Dealership made to you. Any trade-in value that is not recorded in a written, signed offer from a Dealership is merely indicative of the value of your vehicle that you want to trade-in on a selected Vehicle and neither JLRSA or any of its Dealerships will be bound to the indicative value for any purposes.
- PAYMENT OF THE HOLDING DEPOSIT
9.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
9.2 Payment of the Holding Deposit can be made via PayFast and you will be directed on our Website to the PayFast electronic payment system for payment of the applicable Holding Deposit for the Vehicle.
9.3 We suggest that you visit the website of Payfast at www.payfast.co.za in order to view their standard terms and conditions of use prior to making payment of the Holding Deposit, to ensure that you are properly informed of your rights and obligations towards PayFast.
10.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and other charges of Vehicles on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid in terms of the Holding Deposit.
10.2 JLRSA shall not be bound by any incorrect information regarding our Vehicles displayed on any third party websites.
- CONSUMER PROTECTION ACT, ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT AND FINANCIAL INTELLIGENCE CENTRE ACT
11.1 If these Terms and Conditions and/or the Website is regulated by the Consumer Protection Act (Act no. 68 of 2008) (“CPA”) or the Electronic Communications and Transactions Act (Act no. 25 of 2002) (“ECT Act”), it is not intended that any provision of these Terms and Conditions contravenes the CPA or ECT Act. Therefore all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and ECT Act are complied with.
11.2 Nothing in these Terms and Conditions –
11.2.1 limits or exempts JLRSA or any other person from any responsibility or liability to the extent that the law does not allow this; and/or
11.2.2 requires you to assume risk or responsibility or liability to the extent that the law does not allow this; and/or
11.2.3 excludes any warranties implied into these Terms and Conditions by law to the extent that the law does not allow them to be excluded.
11.3 You acknowledge that JLRSA and/or the Dealership has certain reporting duties in terms of the Financial Intelligence Centre Act (Act no. 38 of 2001) and has a duty to report cash transactions in excess of the prescribed amount (currently R 24 999.99) to the Financial Intelligence Centre.
11.4 In order to process a refund of a Holding Deposit that you paid to a Dealership, the Dealership may request certain information and documentation from you to ensure that it pays the Holding Deposit to the correct person. This information and documentation may include, but not be limited to, the following-
11.4.1 A copy of your identity document (where you are a natural person);
11.4.2 A copy of your official registration documents (where a legal entity paid the Holding Deposit);
11.4.3 Proof of address;
11.4.4 An official document duly signed and stamped by your bankers, confirming that the banking account particulars you provide to the Dealership is indeed the banking account of the person that paid the Holding Deposit; and
11.4.5 The payment reference that you received when you made payment of the Holding Deposit.
- JURISDICTION AND LAW
12.1 This Website is intended for the use of our customers in the Republic of South Africa only. It was created and is operated according to the laws of the Republic of South Africa.
12.2 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions will be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
12.3 Nothing within these Terms and Conditions is intended to, nor will it, limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
If any of these Terms and Conditions become or are declared to be illegal or otherwise unenforceable such terms shall be deemed deleted (to the extent necessary) and all remaining terms shall remain in full force and effect.
- DATA PROTECTION
- LIMITATION OF LIABILITY
We cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of JLRSA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
We shall not, to the fullest extent permissible in law, be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the Website Content; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
You hereby indemnify JLRSA against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party Website.
15.4 We may from time to time without prior notice to you temporarily disconnect the Website or change these Terms and Conditions without affecting any accrued rights or liabilities.
- CHANGES TO THE TERMS AND CONDITIONS
16.1 JLRSA may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not in any way continue to use the Website.
16.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- FORCE MAJEURE
JLRSA will not be liable to you if we and/or the Dealership are unable to carry out any part of the contract in supplying your new Vehicle for any reason beyond our control (e.g. Act of God, legislation, war, actions of third parties, etc.).
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst JLRSA takes reasonable measures to ensure that the content of the Website is accurate and complete, JLRSA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by JLRSA’s representatives, JLRSA shall not be bound thereby.
Although Vehicles sold by Dealerships arising from a transaction under the Website may be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of JLRSA, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, JLRSA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of JLRSA, its employees, agents or authorised representatives. JLRSA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
19.1 JLRSA may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
19.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
19.3 Any failure on the part of you or JLRSA to enforce any right in terms hereof shall not constitute a waiver of that right.
19.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
19.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
19.6 These Terms and Conditions contain the whole agreement between you and JLRSA and no other warranty or undertaking is valid, unless contained in this document between the parties.