THE PURPOSE OF THESE TERMS
The Website www.spoticar.co.za (“Website”) is owned and operated by Stellantis South Africa Proprietary Limited (Registrtaion number : 1997/014154/07) trading as SPOTiCAR (hereafter referred to as “SPOTiCAR”, “We”, “Our” or “Us”) and is hosted in South Africa.
These are the Terms and Conditions on which SPOTiCAR introduce you to your selected dealer Dealer (“Dealer”) for the purchase of your pre-owned vehicle (“Vehicle”) as selected by you via the Website.
As a user of our Website (“you” or “your”), you acknowledge that such use is subject to our Terms and Conditions set out below. Please read the Terms and Conditions set out here before using the Website. By using this Website, you will be giving your consent to abiding by these Terms and Conditions. If you do not wish to consent to the Terms and Conditions please do not use this Website.
You undertake to be responsible for your own use of this Website and to use this Website only for lawful purposes. You may not use this Website in any way that breaches any applicable local, national or international law or regulation or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Any and all information and data submitted by you must be accurate and comply with all applicable laws in South Africa and in any country from which they are posted.
ACCESSIBILITY AND USE
The Website is for your personal and non-commercial use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website. We make no guarantees that the Website is appropriate or available for use in locations outside of South Africa. If you choose to access the Website from locations outside of South Africa, you acknowledge that you do so at your own initiative/risk and are responsible for compliance with local laws where they apply.
We try to make the Website as accessible as possible. If you have difficulties using the Website please contact us using the contact details available on our Website.
As a condition of your use of the Website, you are responsible for configuring your information technology, computer programmes and platform to access this Website. You should use your own virus protection software. We do not guarantee that this Website will be secure or free from bugs or viruses.
You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you commit a criminal offence under the Cyber Crimes Act 19 of 2020. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
INFORMATION RELATING TO VEHICLES, SERVICES AND TERMS OF SALE OF VEHICLE
PRESENTATION OF VEHICLES
The Website presents information and offers for the sale of pre-owned vehicles sold exclusively by approved Dealers of the PEUGEOT, CITROËN, OPEL, FIAT, FIAT PROFESSIONAL, JEEP, ABARTH, and ALFA ROMEO Dealers .
Every effort has been made to ensure the accuracy of the information contained on this Website. The information and illustrations appearing on the pages of the Website, and in particular the models and/or versions presented on the Website as Well as their equipment, characteristics, and prices are entered by the Dealer at the time of posting or uploading or updating of the various pages of the Website. We cannot be held responsible for any incorrect entry of a Dealer. It is your duty to check with your local Dealer about items which may affect your decision to purchase. All amounts shown are in Rands.
Please disregard the mileage unless it is verified by an independent mileage search. KM/L figures are achieved under official OEM test conditions, intended as a guide for comparative purposes only, and may not reflect actual on-the-road driving conditions.
PRESENTATION OF PRODUCTS AND SERVICES
The products and services presented on this Website are those that may be offered by members of the participating PEUGEOT, CITROËN, OPEL, FIAT, FIAT PROFESSIONAL, JEEP, ABARTH, and ALFA ROMEO Dealers.
We are available and generally the PEUGEOT, CITROËN, OPEL, FIAT, FIAT PROFESSIONAL, JEEP, ABARTH, and ALFA ROMEO Dealers are available to answer questions concerning the products and services presented on the Website to the extent that they are able to, subject to all unsatisfied queries be referred to us. The PEUGEOT, CITROËN, OPEL, FIAT, FIAT PROFESSIONAL, JEEP, ABARTH, and ALFA ROMEO Dealers are independent Dealers who remain free to determine their own prices and to participate or not in the operations offered by SPOTiCAR and are solely responsible for the information they provide on the Website.
TERMS OF SALE
For purposes of this Website, the purchase price payable for the Vehicle, being the highest offer made in respect of a that Vehicle, which amount is inclusive of VAT (" VAT" means value-added tax as levied from time to time in terms of the Value-Added Tax Act, 1991, as amended).
No sale will be complete until all parties to the transaction have been identified and verified and the requirements of the Financial Intelligence Centre, Act 38 of 2001, which may be applicable, have been met. We or the Dealers will only accept original documents or certified copies.
We or the Dealer are under no obligation to register the Vehicle in your name or to conduct roadworthy assessments, except where the sales agreement determines otherwise.
Should a Vehicle have an existing manufacturer’s warranty, you must transfer such warranty into your name.
In the event of a dispute, you will try to resolve the dispute with Us within 10 business days. If you fail to resolve the dispute, the dispute may be referred to the Motor Industry Ombudsman to be investigated and to recommend a finding.
We or the Dealer will explain the terms of our/the Dealer’s sales agreement to you and, if you agree with the terms, We/the Dealer will require you to sign it afterwards. By signing the sales agreement, you agree to the Terms and Conditions of the agreement and that these and those terms were explained to you.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in connection with all the information and images on this Website including trademarks, logos, texts, images wallpaper downloads and other data, whether registered or not, are subject to copyright and the property of Stellantis or SPOTiCAR or a member of the Stellantis group.
Except as expressly permitted by these Terms and Conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or other extract , by way of “scraping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so.
Your use of this Website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained on this Website. No license is expressly or impliedly granted within or as a result of your use of this Website.
The Website may be viewed anywhere in the world, but is intended for use in South Africa only. We do not make any representation that these materials are appropriate or available for use in other locations. Our prior written authorisation is necessary for the creation of any hypertext link to any part of this Website. We will not in any event have any liability for the content or products or services offered on any sites to which this Website is linked by either hypertext links or any other type of link.
PROTECTION OF PERSONAL DATA
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy.
Please note that by using the Website you are agreeing to our Privacy Policy, which includes your consent to our sharing some of your personal information with third parties for purposes of marketing certain automotive and insurance related products, and others, to you.
If you do not agree to this, please email us now on customercareza@stellantis.com.
If you do not agree to our Privacy Policy, please do not use the Website.
CONTACT
By utilising the Website, you agree that We may contact you directly via any method, including, but not limited to email, telephone, WhatsApp and/or SMS.
COOKIES
Cookies are small files that are sent from our Website to your computer or mobile phone to improve your user experience. They do this by remembering you and your personal preferences, such as your location. We can read cookies that are served from our Website and will never share this information with any third parties.
If your browser preferences allow it, most Websites will send cookies to your computer or mobile phone. However, you can change these settings. How you do this varies with each browser, though more often than not it will be through the ‘Options’ or ‘Preferences’ tab.
For the best possible experience of SPOTiCAR, We strongly recommend you leave cookies on. Please see our Cookies Policy page for more details on cookies and how they are pre-owned on our Website.
HYPERTEXT LINKS
The Website may contain hyperlinks or references to third party advertising and Websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or Websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or Website does not mean that We endorse that third party’s Website, products or services. Your use of a third party site may be governed by the Terms and Conditions of that third-party site and is at your own risk.
SAFETY
You undertake, in using the Website, not to carry out any manipulation likely to lead to viruses and computer failures, functional or of any kind which could affect the operation of the Site or any server or service accessible through the Site. In particular, you undertake to make available, in the space made up by the Website, only information, data, documents, files that are reliable, inoffensive and not likely to affect the operation of the Website or any server or service accessible through the Website.
MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials
from the Website).
LIMITATION OF LIABILITY
Your use of this Website is at your sole and entire risk. We, and the Stellantis group of companies, will have no liability for any direct, indirect, incidental, consequential or other damages, including any material loss, loss of data or financial loss, arising out of or in connection with the use of this Website or associated Websites, the information contained in them and/or any action taken in reliance on them.
It is unreasonable to expect Us or the Dealers to have discovered any unsafe characteristic, failure, defect or hazard, in any of the Vehicles that We or the Dealer sells having regard to our role in marketing the vehicles to consumers. For this reason We cannot accept any liability for any failure in the Vehicle or any consequential losses that may result from such failure.
You, the Dealer and Us are all independent third parties and nothing contained
herein shall be deemed to constitute a partnership, joint venture or the like between them nor to constitute each other as the agents of the other for any
purpose.
You, the Dealer and Us shall not by reason of our respective actions
or omissions incur any liability to the other party and none of the parties shall
be entitled to authorise, represent or to hold out to any third party that the relationship
between you, the Dealer and Us and any of them is that of a partnership, joint venture or the like.
You, the Dealer and Us undertake not to make any representations which
might induce the belief that the relationship of agency, joint venture, partnership or
employment exists between any of Us.
We shall not be responsible for any damage ca caused to or any loss suffered by users of this Website resulting from any viruses or other items of a destructive nature that may infect computer equipment or other property as a result of the use of this Website or the downloading of any of their contents.
We exclude and limit our liability to the extent permitted under South African law, including liability that may arise under (i) death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors and (ii) for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any vehicle to you, which will be set out in the Dealers’ Terms and Conditions of supply.
ACCESS AND LOGIN
Use of the Website may require registration, particularly in order to access restricted areas of the Website. We are not obliged to permit anyone to register with the Website and We may refuse, terminate or suspend registration to anyone at any time. You are responsible for making sure that your password and any other account details are kept secure and confidential. If We have reason to believe there is likely to be a breach of security or misuse of the Website through your account or the use of your password, We may notify you and require you to change your password, or We may suspend or terminate your account.
Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.
We will use reasonable efforts to delete accounts which are being pre-owned in an inappropriate manner or in breach of these Terms, and identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of Our Acceptable Use Policy when We are notified, but We cannot be responsible if you have failed to provide us with the relevant information.
If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details on this Website.
GOVERNING LAW AND JURISDICTION
This Website and these terms are governed by the laws of South Africa.
Any dispute arising in connection with the interpretation or performance of these terms will be referred to the exclusive jurisdiction of the South African courts.
UPDATING OF THESE TERMS AND CONDITONS
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time.
Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
It is your obligation to periodically check these Terms and Conditions at the Website for changes or updates.
Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
VARIATION
No changes to these terms are valid or have any effect unless agreed by us in writing.
SEVERABILITY
Should any of these Terms and Conditions wholly or partly not legally be effective or lose their legal validity later, then this shall not otherwise affect the validity of the Terms and Conditions.
The statutory provisions shall replace the invalid provisions. The same applies if the Terms and Conditions have an unforeseen omission.