Terms & Conditions

Introduction

The Terms are the general terms of the relationship between Motofinder and you the visitor to this website. The terms cover the use of this web site, including any other marketing material of Motofinder. By visiting and using this web site, you the visitor accepts and agrees to these terms and conditions. Definitions and Preparations Definitions - For purposes of the Terms: "Terms" means these terms, consisting of:
  • The Terms of use; and
  • any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, including any that may be applicable to a specific section or module of this web site.
  • visitor or "you" means any person who visits/browse this web site.

Interpretation

A word defined or assigned a meaning in the Terms will start with a capital letter. All headings are inserted for reference purposes only and must not affect the interpretation of the Terms. Whenever "including" or "include", "excluding" or "exclude", together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Terms will be given their plain English meaning. A reference to a person includes a natural or juristic person and a reference to either party includes the party's successors or permitted assigns. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply.

Conflict

If there is a conflict of meaning between the Terms of use and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of the web site.

Use of this web site

Motofinder grants each visitor a limited, revocable license to use this web site subject to the Terms. Any person wishing to use this web site contrary to the Terms must obtain Motofinder's prior written consent.

Linking

A visitor may link to the web site only by linking to the home page www.motofinder.co.za of this web site. Motofinder prohibits visitors from "deep linking" to any other pages in a manner that would incorrectly suggest endorsement or support of visitor by Motofinder or suggests visitor is the owner of any intellectual property belonging to Motofinder.

Modify

Motofinder may modify, suspend, or discontinue providing this web site (with or without notice).

Capacity of Customer

Each visitor represents and warrants that he/she:
  • Is old enough under applicable law to enter into these Terms.
  • Possesses the legal right, full power, and authority to enter into these Terms.
  • Will submit true, accurate and correct information to Motofinder and this web site.
If a visitor is younger than 18 years of age, a visitor warrants that he/she has the consent of its legal guardian to enter into these Terms or that visitor has obtained legal status in another manner.

Privacy

Motofinder respects your privacy and is committed to protecting all personally identifiable information. Motofinder will never release your personal information to a non-relevant third party other than a dealer advertising his/her details at free will and with valid reason to. In all cases, the only personal information we will ever disclose to third parties (motor importers/manufacturers, motor dealerships, financial institutions etc.) are your details as determined by you in any form of contact that you have made with us through our website or through a dealer contact form and that we have deemed relevant for you in order to supply you with the requested information.

Intellectual Property

Ownership

Except as provided to the contrary in the Terms, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this web site are the sole property of or will vest in Motofinder or a third party licensor. All moral rights are reserved.

Trademarks

Motofinder's logo and sub-logos, marks, and trade names are the trademarks of Motofinder and no person may use them without explicit permission. Any other trademark or trade name that may appear on this web site or other marketing material of Motofinder is the property of its respective owner.

Restrictions

Except as expressly permitted under the Terms, this web site may not be:
  • modified, distributed, or used to make derivative works;
  • rented, leased, loaned, sold or assigned;
  • decompiled, reverse engineered, or copied; or
  • re-produced, transferred, or distributed.

Prosecution

All violations of proprietary rights or the Terms will be prosecuted to the fullest extent permissible under applicable law.

Disclaimer of Warranties

Use of this web site is at the sole responsibility and risk of each visitor. This web site is provided on an "as is" and "as available" basis. Except for the warranties given in these terms, Motofinder expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including any implied warranties or conditions of satisfactory quality, no latent defects, fitness for a particular purpose, accuracy, quiet enjoyment, title, and non-infringement. Motofinder does not warrant that this web site will meet the requirements of any visitor or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software.

Indemnity

Pursuant to the provisions of the Consumer Protection Act, you the visitor agrees to irrevocably indemnify, defend, and hold Motofinder and its subsidiaries (and those related to it and its officers, agents, co-branders or other partners, and employees) harmless against all loss, claim, demand, damage, cost, or liability of whatsoever nature and howsoever (including reasonable attorneys' fees) arising out of or relating to its use of this web site. Further to the above Motofinder is not responsible for the conduct of motor dealerships, financial institutions, private sellers and any other 3rd party that may be represented within the information found on our website. Motofinder makes no representations, whether expressed or implied regarding the vehicles that appear on its website, nor does Motofinder give any guarantees or warranties regarding the vehicle, its type, make, condition, colour, mileage or ownership or any other information pertinent to the vehicle that appears on Motofinder's website.

Limitation of liability

Correct faults

Motofinder will correct any fault in this web site where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the web site. Direct and Indirect damages excluded. To the extent permitted by applicable law, in no event will Motofinder (or its personnel) be liable for any direct or indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data, or loss of use) arising from these terms.

Other web sites

Motofinder is not liable for any other web site provided by any third party.

Termination

Discontinue this web site. The Terms will automatically terminate if Motofinder discontinues this web site. Breach if a website visitor:
  • commits a breach of these terms; or
  • repeatedly infringes the copyrights or other rights of others;
The visitor agrees that Motofinder may, to the extent permitted by applicable law and without prejudice to its rights in these terms or in law, terminate access to or use of the web site, claim specific performance of these terms, and claim damages from a visitor.

General

Entire Agreement

These terms constitutes the entire agreement between the parties in respect of the subject matter of these terms.

Changes

The terms may be changed at any time by Motofinder and where this affects the rights and obligations of a visitor, Motofinder will not notify the visitor of any changes, but the terms will always be available on this website. If a visitor does not agree with these changes the visitor should stop using this web site. If a visitor continues to use this web site, he will agree to the new changed terms as set out here-in.

Waiver

No granting of time or forbearance will be, or be deemed to be, a waiver of these terms and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.

Severability

If any term is void, unenforceable, or illegal, the term will be severed and the remainder of these terms will have full force and effect, provided the severance does not alter the nature of these terms.

Governing Law and Jurisdiction

These terms are governed by and must be interpreted under the laws of the Republic of South Africa and a visitor agrees to submit to the exclusive jurisdiction of the South African courts.