1.2. The terms and conditions referred to in paragraph 1.1 becomes effective when you access the web site for the first time or when you use the services for the first time and constitutes a binding agreement between[SM1] Kia Motors South Africa (Proprietary) Limited, Registration Number: Kia Motors South Africa and the user.
1.3. Unless otherwise agreed in writing with the Company, the user’s agreement with the Company will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as ‘Universal Terms’.
1.4. The user’s agreement with the Company will also include the terms of any Legal Notices applicable to the services, the standard terms and conditions of sale of the Company, including its fee structure, billing and credit rules as well as the terms of any Dealer Agreement entered into between you and the Company, in addition to the Universal Terms. All of these are referred to below as the ‘Additional Terms’. Where Additional Terms apply to a service, these will be accessible for you to read either within, or through the user’s use of, that service.
1.5. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the Company in relation to your use of the services. Collectively, this legal agreement is referred to below as the ‘Terms’.
1.6. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that service.
1.7. THE USER IS RESPONSIBLE FOR PREVENTING UNAUTHORISED ACCESS TO THIS WEBSITE BY SAFEGUARDING ITS ASSIGNED USERNAME AND PASSWORD!
1.8. IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY. IF YOU ARE UNCERTAIN OR IF YOU DO NOT AGREE WIT THE TERMS, THEN YOU SHOULD NOT ACCEPT THEM!
2.1. The Company’s online services are subject to registration and approval, which the Company may accept or reject at its sole discretion.
2.2. The Company will provide you with the services only once you have accepted the Terms when registering with us. You may not use the services if you do not accept the Terms.
2.3. You can accept the Terms by:
2.3.1. in the event of the purchasing of parts, clicking to ‘submit order’, where this option is made available to you by the Company in the user interface for any service; or
2.3.2. in the event of the purchasing of vehicles, clicking to ‘order vehicle’, where this option is made available to you by the Company in the user interface for any service; or
2.3.3. by actually using the services. In this case, the user understands and agrees that the Company will treat your use of the services as acceptance of the Terms from that point onwards.
2.4. You may not use the services and may not accept the Terms if you:
2.4.1. are not of legal age to form a binding contract with the Company; or
2.4.2. are a person barred from receiving the services under the laws of the Republic of South Africa or other countries including the country in which the user is resident or from which the user uses the services; or
2.4.3. are not authorized in terms of a Dealer Agreement or Employment Agreement to order vehicles and / or spare parts or have registered as a user.
2.5. BEFORE YOU CONTINUE, YOU SHOULD PRINT OFF OR SAVE A LOCAL COPY OF THE UNIVERSAL TERMS FOR YOUR RECORDS!
3.1. ‘Agreement’ means the Terms, Additional Terms, Legal Notices and Privacy Statement;
3.2. ‘Buyer’ means a person, firm, company or close corporation or any other legal entity who order or purchase any goods or services offered for sale on this web site.
3.3. ‘fees’ means any charges which the Company charge as per the Billing Statement;
3.4. ‘the Company’ means Kia Motors South Africa (Proprietary) Limited, Registration Number[SM2] [SM3] : Kia Motors South Africa, a private company duly incorporated in terms of the laws of the Republic of South Africa;
3.5. ‘Indemnified Party’ means each of the Company, its officers, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of AMH, and each of their respective officers, employees, contractors, consultants and agents from time to time;
3.6. ‘Intellectual Property Rights’ means industrial and intellectual property whether protected by common law or under statute, including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any application for a patent), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, and other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
3.7. ‘user’ or ‘users’ for the purposes of clauses 12 and 13, means any Buyer, or someone who is otherwise using the Site;
3.8. ‘VAT’ means value-added tax, or other consumption tax;
3.9. ‘we’, ‘us’, ‘our’, ‘ourselves’ and ‘the Company’ are used interchangeably in this Agreement and all mean ‘the Company’;
3.10. ‘you’ or ‘your’ means the Buyer, its successors and permitted assigns; and
3.11. ‘your personal information’ includes ‘personal information’ as defined in the Promotion of Access to Information Act, No. 2 of 2000, which act can be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf.
4. OWNERSHIP OF WEBSITE DOMAIN AND SOURCE CODE
4.1. This website domain and its contents are the property of Kia Motors South Africa (Proprietary) Limited[SM4].
4.2. Kia Motors South Africathe owner of the source code of this website[SM5].
5. INFORMATION ON THIS SITE
5.1. All information on this site is only intended to provide the user with general information about the Company, the Company products and the Company Services.
5.2. The online products and online services available on this website are only available to persons that reside in, or are nationals of, or are incorporated under the laws of the Republic of South Africa (‘RSA’) collectively referred to as ‘RSA Nationals’, unless the parties expressly agree otherwise in writing.
5.3. All information regarding the online products and online services including information in respect of the terms and conditions, purchase prices or any other matter, is subject to change without notice.
5.4. The site and all information provided on this site and the services provided on this site, are provided ‘as is’ and should not be treated as advice of any kind. The user should consult with a professional advisor before relying on any information on this site.
5.5. The Company may use the services of other third party organizations to provide information on this site. The Company has no control over the third party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The Company will not be directly or indirectly liable for any damages that may arise from the user’s reliance on it.
6. PROVISION OF SERVICES
6.1. We will provide you with the Services, which will enable the user to:
6.1.1. submit warranty claims online;
6.1.2. order spare parts and to track spare part orders, including parts enquiries, obsolete parts returns and courier tracking online;
6.1.3. order vehicles and to track vehicle orders, including enquiries regarding vehicle availability, progress tracking of ordered vehicles, Dealer swops and NATIS release for purposes of registration of new vehicles;
6.1.4. make use of any other services offered on the web-site.
6.2. We will provide you with a username and password in order to login as required.
6.3. It is your responsibility to safeguard your assigned username and password to prevent unauthorized accessing of the website.
6.4. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
6.5. You agree to provide all necessary equipment, network connections and software to access this Site.
6.6. We may:
6.6.1. set limits or conditions on the right to certain services, features or functions on this site;
6.6.2. restrict access to parts of or all of the services on site; and
6.6.3. modify, suspend or discontinue this site, whether temporarily or permanently, without notice.
7.1. It is a condition of using the Services that you agree to the Additional Terms (which, without limiting the generality of the foregoing, include the fee structure, billing, credit rules and the standard terms and conditions of sale of the Company), which in addition to the Universal Terms shall govern the transactions done via this web-site as set out in clause 1 above. If you do not agree to this condition, then please do not accept these terms and conditions.
7.2. We may choose in our sole discretion to change our fee structure, billing and payment rules from time to time and such changes shall be effective forthwith.
7.3. We may choose in our sole discretion to change our fee structure, billing and payment rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.
7.4. We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
7.5. Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT and the price of each product is displayed with the product or service.
7.6. It is the sole duty and responsibility of the individual user to satisfy itself regarding any import duties payable by recipients of goods in foreign countries. The Company does not accept any liability with regarding to any import duties payable as aforesaid, cannot advise users with regard thereto and cannot calculate or estimate such duties.
7.7. Users are given the right to purchase items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of the Company. We reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
7.8. Although the Company will make every reasonable effort to ensure that the information supplied on this website (including product information and prices thereof) is correct, these information is subject to final confirmation at the time of finalizing the transaction. It is specifically recorded that should errors occur and products or services are offered at incorrect prices, the Company shall not be obliged to sell products and services at such incorrect prices. If a product or service was offered at an incorrect price, then the user shall be entitled to cancel the orders for products and services ordered at such incorrect prices in which event the Company’s sole liability towards the user shall be the refund of any monies already paid by the user.
7.9. The Company carry limited stock of all goods on offer. The Company shall take all reasonably efforts to discontinue the offer as soon as stock is no longer available. However, should products and services on offer no longer be available, the Company’s sole liability towards the user shall be the refund of monies already paid by the user where the Company is unable to fulfill orders at the advertised prices.
7.10. The Traditional payment methods existing prior to the use of this website shall endure once this website facility is operational and payment will be governed by the Terms.
7.11. the Company reserves the right to refuse or accept and / or execute an order without giving any reasons therefore and shall be entitled in their absolute and sole discretion to cancel orders in whole or in part should the prevailing circumstances so dictate, in which event the Company’s sole liability towards the user will be the refund of monies already paid by the user.
8.1. You agree and warrant to us and separately to the Seller that:
8.1.1. your personal information:
184.108.40.206. is accurate and not false, misleading, deceptive or fraudulent;
220.127.116.11. does not breach any Intellectual Property Rights of a third party;
18.104.22.168. is made in compliance with all applicable laws, government regulations or guidelines;
22.214.171.124. is not forged, threatening or offensive or otherwise constitutes harassment;
126.96.36.199. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
188.8.131.52. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
184.108.40.206. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
8.1.2. you have the legal capacity to purchase or use any goods or services that you purchase, and, will not otherwise be breaching any law in purchasing the goods or services;
8.1.3. you will not order any goods or services on this Site, unless you are able, and have sufficient, available capacity to pay for those goods or services;
8.1.4. the purchase of any goods and / or services on this Site is absolutely at your own risk; and
8.1.5. to the extent permitted by law, the Seller may exclude all terms, conditions, warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Site.
9. CHANGE IN TERMS AND CONDITIONS
9.1. We have an absolute discretion to change the terms and conditions of this Agreement at any time. If we do so, we will post details of any changes on this Site, which changes will be effective forthwith.
9.2. By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this clause 8 above. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with clause 8.1 above, will be deemed to be your acceptance of those changes to the terms of this Agreement. The user agrees to view the current version each time that this site is visited.
9.3. The current version of these terms and conditions will govern the respective rights and obligations of the Company and the user each time the user access this site.
10. LINKED THIRD PARTY SITES
10.1. This site may contain certain images and links to other third party websites (‘linked sites’) with information and material produced by other parties. The linked sites are not under the control of the Company and the Company is not responsible for the content of any linked site, including without limitation any linked contained in a linked site or any changes or updates to a linked site.
10.2. the Company is not responsible for webcasting or any other form of transmission from linked sites nor is the Company responsible if the linked site is not working appropriately.
10.3. the Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site, their business or security practices or any association with its operators nor does it imply that the Company agree with, edit or sponsor the content on such web pages.
11. HYPERLINKS, DEEP LINKING, CRAWLERS, METATAGS AND FRAMING
11.1. Save insofar as it is permitted by an e-trader agreement entered into with the Company, no third party may establish a hyperlink, deep-links, frames, metatags or similar reference, whether electronically or otherwise (collectively referred to as ‘linking’), to this site without the Company’s prior written permission. An application for linking must be submitted to Kia Motors South Africa[SM6]
11.2. the Company’s consent may be withheld or granted in their absolute and sole discretion and subject to any conditions specified by the Company.
11.3. No user or any third party may frame this site or any of the pages on this site in any way whatsoever.
11.4. No user or any third party may use any technology to search and gain any information from this site without the prior written permission from the Company.
11.5. Breach of these conditions entitles the Company to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.
11.6. We will try and answer your application as soon as possible. If we do not respond in writing within 5 (five) business days, we have not agreed to your request.
12. COMPLIANCE WITH THE TERMS AND CONDITIONS
12.1. You agree that we may and will monitor your conduct if we believe that you are not complying with the terms and conditions of this Agreement. If we do, then we will respect your confidentiality, unless:
12.1.1. doing so would or could implicate us in criminal behavior, a civil wrong, or any other claim by a person for which we may have to pay compensation;
12.1.2. the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess;
12.1.3. we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
12.2. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
12.3. If you:
12.3.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;
12.3.2. are suspected of having, or are found by conviction, settlement insurance or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
12.3.3. have an overdue payment on your AMH account; or
12.3.4. otherwise breach this Agreement,
we may, in our absolute discretion:
(a) withhold from you, your use of any or all of the Services, and access to your personal information;
(b) delete or remove, without incurring any liability to you, any or all of your personal information and block incoming and out-going data or message transfers;
(c) restore the Services if and when you can demonstrate a clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
(d) terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you; and
(e) take immediately legal action without telling you, and you agree to repay us our costs of this legal action on the highest scale of attorney and own client.
13. USE OF SITE
13.1. In using this Site, you may and must not:
13.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
13.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with , or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy , modify, rem