Terms And Conditions

THE PROTECTION OF PERSONAL INFORMATION ACT CUSTOMER PRIVACY STATEMENT

This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”), 2013.

At Auto Excellence  (and including this website, POPI Act-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently. 

The information we collect

We collect and process your personal information mainly to contact you for the purposes of understanding your requirements, and delivering services accordingly. For this purpose, we will collect contact details including your name and organisation. 

We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional 

Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information. 

How we use your information

We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.

For example:

• To gather contact information;
• To confirm and verify your identity or to verify that you are an authorised user for security purposes;
• For the detection and prevention of fraud, crime, money laundering or other malpractice;
• To conduct market or customer satisfaction research or for statistical analysis;
• For audit and record keeping purposes;
• In connection with legal proceedings.

Disclosure of information

We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.

We may also disclose your information:

• Where we have a duty or a right to disclose in terms of law or industry codes;
• Where we believe it is necessary to protect our rights.

Information Security

We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

• Physical security;
• Computer and network security;
• Access to personal information;
• Secure communications;
• Security in contracting out activities or functions;
• Retention and disposal of information;.
• Physical security;
• Acceptable usage of personal information;
• Governance and regulatory issues;
• Monitoring access and usage of private information;
• Investigating and reacting to security incidents.

When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.

We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.

Your Rights: Access to information

You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

Correction of your information

You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.

Definition of personal information

According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, COR Concepts also includes the following items as personal information:

• All addresses including residential, postal and email addresses;
• Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.

How to contact us

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website.

LEGAL & COPYRIGHT NOTICE

Copyright

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Auto Excellence or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of Auto Excellence and protected by South Africa and international copyright laws.

Without derogating from the above, Auto Excellence authorises you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that: such content is used for information purposes only; such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another. Any reproduction of material from this website or portion thereof must include this notice in its entirety.

Liability Disclaimer

The information, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis.

Auto Excellence makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site. Without limiting the generality of the a foregoing: Auto Excellence does not warrant that this website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and whilst Auto Excellence has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

Limitation of Liability

In no event shall Auto Excellence and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this web site, the operational failure of this web site, or for any information, products, and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, delict, strict liability or otherwise, even if Auto Excellence and/or any of its suppliers has been advised of the possibility of damages.

Professional Information

This website is only intended to provide general information regarding Auto Excellence and/or its members and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information on this website including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors. This website could include technical, typographical or other inaccuracies and you are urged to contact Auto Excellence to confirm all information contained on this website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this web site.

Privacy Policy

Auto Excellence recognises the importance of protecting your personal information. Therefore, we have put together a privacy policy and approach that respects and addresses your needs. We define personal information as any and all of the information specific to you that you provide to us over the Internet or any other channel. This includes personal data as varied as the information you enter into an online application for a new account, questions you ask via e-mail or personal banking data. How does Auto Excellence and its members use the personal information you provide? Auto Excellence has the highest regard for the privacy of its customers. Auto Excellence will use personal information as appropriate in the normal course of our business to provide the products and services you have expressly requested.

Liability Disclaimer

The information, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an “as is” basis. Auto Excellence and its members makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the information, contents, materials, or products included on this site. Without limiting the generality of the a foregoing: does not warrant that this Auto Excellence website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and whilst the has taken reasonable measure Auto Excellence to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this web site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

Limitation of Liability

In no event shall Auto Excellence and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if  and/or any of its suppliers Auto Excellence has been advised of the possibility of damages.

Professional Information

This web site is only intended to provide general information regarding Auto Excellence and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information on this web site including, without limitation, all research, opinions or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors. This website could include technical, typographical or other inaccuracies and you are urged to contact Auto Excellence to confirm all information contained on this website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this web site.

Privacy Policy

Auto Excellence recognises the importance of protecting your personal information. Therefore, we have put together a privacy policy and approach that respects and addresses your needs. We define personal information as any and all of the information specific to you that you provide to us over the Internet or any other channel. This includes personal data as varied as the information you enter into an online application for a new account, questions you ask via e-mail or personal banking data. How Auto Excellence and its members use the personal information you provide? Auto Excellence has the highest regard for the privacy of its customers. Auto Excellence will use personal information as appropriate in the normal course of our business to provide the products and services you have requested. We will also use this information to provide positive identification of you when you contact us. On occasion, we also send e-mail updates on services and other materials we believe may be of importance or interest. Does Auto Excellence provide your personal information to external parties? Absolutely not! Auto Excellence and its members do not and will not sell or provide personal information to third parties for independent use. We may, however, provide personal information with business partners if that information is required to provide the product or service you have expressly requested. They adhere to using information only as directed by Auto Excellence engages third parties that help it deliver its banner advertisements and other online communications. The third parties may collect and use information about Auto Excellence customers to help us understand the offers, promotions, and types of advertising that are most appealing to its customers. The personal information they collect is aggregated and cannot be linked to a person. If you do not wish your personal information to be used in this way, please notify us.

• Third party vendors, including Google and Facebook, show Auto Excellence and its members ads on sites on the internet.
• Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Auto Excellence and its members websites.
• Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page or by visiting the Network Advertising Initiative opt out page.

Violation and Waiver

Should you violate these Terms and Conditions or any other rights of Auto Excellence, Auto Excellence reserves the right to pursue any and all legal and equitable remedies against you. If Auto Excellence should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Tracking Analytics

We use “cookies” on this website.

Contacting Us

If there are any questions regarding our Terms & Conditions, please do not hesitate to contact us.

Terms and Conditions

Auto Excellence

Disclaimer

Own reliance

Your use of the www.autoexcellence.co.za Website and your use of and reliance on Website Data or any part thereof is at your own risk. You remain solely responsible for your instructions, the use of your password, and the lawfulness and soundness of any decision you make or action you take as a result of your use of the www.autoexcellence.co.za Website, the Services and the Website Data.

You also remain responsible for ensuring adequate protection and back-up of data and for taking reasonable and appropriate precautions against viruses and other malicious programs.

Indemnity

Without prejudice to any of the rights of Auto Excellence and its members at law or under these Terms, you will have no claim against and hereby indemnify Auto Excellence, its members, its directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which Auto Excellence or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the www.autoexcellence.co.za Website and its dealership websites, including without limitation:

any breach by you of these Terms, including your use of the www.autoexcellence.co.za website for any purpose that is unlawful under South African law, International law or the law of any jurisdiction applicable to you;

any action taken by Auto Excellence pursuant to your instructions or instructions that purport to emanate from you in the manner described above;

any loss of business, profits, opportunity and/or data; and

any action taken or decision made by you in reliance on the Website Data.

Auto Excellence will not be liable to you or any third party and you hereby waive whatever claims you may have against Auto Excellence, its directors, employees, agents, representatives or Affiliated Companies for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from:

any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and/or any inaccuracy or error occurring in respect of your Offer or any Registration or Application Form;

any unavailability of the www.autoexcellence.co.za Website and/or its dealership websites or Services for whatever reason, including the failure or delay by any third party service providers to render any service necessary to ensure the availability of the www.autoexcellence.co.za Website;

any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems;

any unauthorised access by third parties to the www.autoexcellence.co.za Website or Website Data or the interception of communications between us;

any failure, errors or delay in receiving or acting on your Instructions or stopping or cancelling any transaction;

any failure, errors or delay in making available or transmitting Registration Confirmations or Contract Conclusion Confirmations to you.

You acknowledge and agree that Auto Excellence provides this Portal for free and the Value-Added Services at a nominal fee in reliance upon this Disclaimer and that the provisions of this Disclaimer are material to the agreement between us and will survive the termination of these Terms for whatever reason.

General Notice regarding the used vehicle condition report “Be in the Know” section as recorded herein.

We strive to make your purchase of a vehicle from us an exceptional experience, but we cannot warrant that the vehicle is free of defect or the condition description is completely accurate.

You understand that a pre-owned vehicle may have some scratches/chips/dents from previous wear and tear/usage and we cannot promise that the vehicle will be in the same condition as a new vehicle.

Every effort is made to ensure information loaded is accurate and updated regularly, however errors, technical and or other inaccuracies and typographical errors may occur from time to time. Vehicle pricing and extras may be subject to change without prior notification and exclude license, registration, documentation and / or delivery fees. No two vehicles are identical. This information therefore should be considered indicative rather than definitive. Auto Excellence cannot guarantee the availability of vehicle/s advertised due to the number of enquiries received.

No warranties

While Auto Excellence makes every reasonable effort to ensure that this website is available 24/7 and that the Website Data and other information we make available to you via the www.autoexcellence.co.za website is reliable, complete and up-to-date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up-to-date, the www.autoexcellence.co.za website and all its content, together with the Services, are provided “as is”.

Save as set out in these Terms, Auto Excellence makes no representations and provides no warranties or guarantees of whatever nature regarding the www.autoexcellence.co.za Website, its availability, content and/or the services. In particular, Auto Excellence does not warrant or guarantee the accuracy, completeness, validity, timeliness or reliability of the Website Data or its fitness for use in any jurisdiction; or the error free use, secure use and/or availability of the www.autoi.co.za website.

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