SCOPE OF REGULATIONS BY THESE TERMS AND CONDITIONS
website (“www.digicars.co.za”) (hereinafter referred to as “the Website”) is made available by ICar Technologies (Pty) Ltd. t/a Digi Cars.
Any reference to Digi Cars includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers (hereinafter also referred to as “we” or “us” ).
The terms in this policy apply to any person who uses, accesses, refers to, views and/or downloads any information made available by us on the Website for whatever purpose (“Content”) (hereinafter referred to as “users” or “you” or “your” ). The display of Content and your ability to view, access, use, and/or download the Content on the Website shall be referred to as the “Services”.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS
These Terms may be updated or amended by us at any time, in our sole discretion and without notice to you. If you continue to access or use the Website, Services and/or our Content after amendments are made and displayed, you will be deemed to have accepted the amended terms of the agreement.
ACCESSING AND USE OF THE SERVICES
You agree that you are solely responsible for obtaining and maintaining all facilities, services, products that may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as internet connectivity and telecommunications infrastructure, which includes software to prevent infection by viruses, malware or programmes of a similar nature.
We do not permit copyright-infringing activities or the infringement of intellectual property rights on the Website, and we may, at our sole discretion and without notice, remove any infringing Content if we are of the view that such Content infringes on another’s intellectual property rights.
Hyperlinks provided on this Website to websites not directly affiliated to Digi Cars, are provided “as is” and Digi Cars does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame our Website or any of the pages on our Website in any way whatsoever.
The Website and the Services available through the Website may contain links to other third-party websites, including (without limitation) social media platforms (“Third-Party Websites”). If you access the links to Third-Party Websites, you may be subject to those Third-Party Websites’ terms, conditions, and other policies. We neither endorse nor take responsibility for the content, terms and conditions, privacy policies or views expressed in or by any Third-Party Websites.
ACCURACY OF INFORMATION
Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all Content available on the Website, the Content is intended and produced for general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
You acknowledge that any information, ideas and opinions expressed on the Website are not intended to, and do not, constitute professional advice, or a replacement or substitute for professional advice, of any nature whatsoever.
This paragraph constitutes an assumption of risk and / or liability by you, which risk you immediately accept by accessing our Website, Services of Content, and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the terms in this paragraph.
YOUR BEHAVIOUR WHEN USING THE WEBSITE, CONTENT AND THE SERVICES
You may not use the Website to obtain or distribute: copyrighted material or material protected by law without our prior written consent of the author; or
material containing viruses, malware or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
You may not perform any act, which may jeopardise or interfere with the functionality or the operation of any part of the Website, Content or our Services.
You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You shall not intercept any information transmitted to or from us or the Website, which is not intended by us to be received by you.
Subject to the further provisions of these Terms, the Website, Services and Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website, Services or the Content.
Subject to the further provisions of these Terms, you are not allowed to:
frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content;
incorporate any part of the Content in any other work or publication; and/or
Perform any other act, which may not be considered or justified as fair use.
Any restrictions on the use of the Website, Services or Content shall also apply to any part of the Website, Services or Content, which may be cached when using the Website, Services or Content.
In addition to the above, you may not, and may not allow a third-party to:
decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website, Services and/or the Content (“the Software”) or any files contained in or generated by the Software by any means whatever;
remove any product identification, copyright or other notices, from the Software or documentation;
lend to a third-party, or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice’s hardware; or
Disseminate performance information or analysis of the Software from any source relating to the Software.
INTELLECTUAL PROPERTY RIGHTS
We reserve all rights (including all available intellectual property rights) not expressly granted herein to the Website, Services and Content which we make available on or via the Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third-parties obtained through the Website, or links on the Website, for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features which prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein.
COLLECTION OF PERSONAL INFORMATION
As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
your use of, and access to, the Website, Content and/or the Services;
your violation of any third-party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or any claim that your content caused damage to a third-party.
This defence and indemnification obligation will survive the termination, modification or expiration of these Terms and your use of the Services, Content and the Website. This paragraph constitutes an assumption of risk and / or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. This paragraph also limits and excludes your rights and remedies against us and places various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood the terms in this paragraph.
LIMITATION OF LIABILITY
As far as the law allows, neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website, Content or Services provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and / or error free.
As far as the law allows, no provision of these Terms (or any contract governed by these Terms):
limits or purports to limit or exempts us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
EXCLUSION OF WARRANTIES AND REPRESENTATIONS
As far as the law allows, the Website, Content and Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content or Services.
These Terms, and any rights or licenses granted hereunder, may not be transferred or assigned by you.
We may, at any time, transfer or assign any or all of our rights and obligations under these Terms, without notice to you. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors, which we may appoint.
SUCCESSORS AND ASSIGNS
These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
VIOLATION OF TERMS AND WAIVER OF RIGHTS
Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to any breach by you or any third-parties.
By using the Website, Content and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures, emails and other communications sent by you or Digi Cars satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this paragraph, a “data message” means data generated sent, received or stored by electronic means.
You specifically agree that:
the agreement will be treated as if it was concluded at our physical address on the date and time at which you first made any use of the Website, Content and / or Services;
any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.
The Electronic Communications and Transactions Act 25 of 2002 states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on websites where the goods or services are offered. This information is set out below:
Full name:ICar Technologies (Pty) Ltd t/a Digi Cars
Registration Number: 2017/055868/07 (South Africa)
Principal place of business and chosen address for receipt of legal processes: 168 Grayston Drive, Sandton, 2001
Contact number: 010 595 1180/1 The manner and period within which you can access and maintain a full record of any payment transaction:
FINANCING METHODOLOGY AND DISCLAIMER
All Prices displayed on the website are inclusive of Value Added Tax (VAT).
We advertise that motor vehicles may be purchased through us and paid for in instalments. Our suggested vehicle finance agreement consists of a loan for the purchase of the vehicle, to be repaid over an agreed number of months, subject to existing market related interest rate per annum and an agreed balloon / residual % which payment is due in full at the end of the finance period. Keeping it generic as we have different calculations per car. Our suggested calculation / method of vehicle finance calculation is subject to change, without notice to you, and approval by the financial services provider (“FSP”). Please be aware that, in consideration of an application by you for vehicle finance, the FSP will consider your realistic ability to pay, creditworthiness and history and monthly payment obligations. The FSP’s assessment methods fall outside the scope of our business and we specifically deny having any influence or control over their decision, which, once approved or declined, will be considered final by us.
The FSP may approve your application for finance, subject to an alternative structuring, for example a loan period of 60 (sixty) months at their chosen interest rate. We will present the FSP’s suggested loan offering to you for consideration but deny any liability, damages or loss incurred by you in choosing to accept a vehicle financing arrangement or any structuring.
We strictly accept no liability for losses or damages incurred by you or any third-party in the event that the FSP declines to provide financing in the purchasing of a motor vehicle from us. We further deny the ability to provide or assist you with any recourse against the relevant FSP, should you dispute their decision or methodology. All ‘cash-back’ promotions shall only be effective, if you successfully qualify for and fully finance the selling price of the vehicle on promotion. We accept no liability for any misunderstandings, inconveniences, damages or losses incurred in this regard.
CONSUMER PROTECTION ACT
If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “Consumer Protection Act”), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the Consumer Protection Act.
No provision of these Terms (or any contract governed by these Terms):
does, or purports to, limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
INTERPRETATION AND MISCELLANEOUS PROVISIONS
These terms and the relationship between Digi Cars and you shall be governed and construed in accordance with South African law.
Any disputes arising in connection with these Terms and our Services shall be subject to the exclusive jurisdiction of the courts located in South Africa.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.
The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
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