Privacy and Legal

Motorgalore Terms & Conditions

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Motorgalore Terms & Conditions

Access to the Website is subject to the following terms & conditions. Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you will be deemed to have accepted all of the terms & conditions that apply to its use, the information contained on the Website, and to the facilities and services provided by it. Accordingly, please take the time to read through these terms & conditions before continuing to use the Website. If you do not agree to obey these terms & conditions you must stop using the Website immediately.

We reserve the right to alter these terms & conditions at any time, and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms & conditions.

In these terms & conditions:

• “we/us/our” means Hivotopia (Pty) Ltd trading as Motorgalore, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;
• “Website” means this website including all aspects, facilities, and services of any nature whatsoever related thereto;
• “you”/”your” means the user of the Website including users who have registered with us and where applicable, advertisers.

1. Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

2. Content
You agree that you will only use, reproduce and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.

The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.

The content of and information appearing on the Website may be altered, amended, or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions, or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.

Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such content and/or information.

We give no warranties, conditions, guarantees or representations, expressed or implied, as to:

• The completeness or accuracy of information or any advice that may be contained on the Website or any website to which it is linked;
• The content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description, or fitness for purpose of any such vehicles;
• The completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.

3. Contractual issues
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

4. Liability
The information and material displayed on the Website is provided without any guarantees, conditions, or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors, and third parties connected to us hereby expressly exclude:

• All conditions, warranties, and other terms which might otherwise be implied by statute;
• Any liability for any direct, indirect, or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
• Our failure to fulfil any of our obligations in terms hereof;
• The Website or resulting from the use, the inability to use, the Website;
• The search results obtained from the Website;
• Any websites linked to the Website and any material posted on it.

We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as possible by law.

As part of its user offering Motorgalore offers a valuation service which is based and reliant for effectiveness on the accuracy of your input about any given vehicle. It relies on recorded selling prices over the past 12 months for that vehicle specification to help guide you to a more realistic value for your vehicle. The service is not intended to be definitive of the vehicle’s value, the determination of which remains entirely in your discretion. It is intended to assist you as a reliable guide only. As such, Motorgalore accepts no liability whatsoever for any loss or harm you may allege to have suffered in consequence of using the service to sell your vehicle.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available online. We, therefore, provide the Website on an “as is” and “as available” basis.

We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus-checking software.

We are not liable for any failure to perform any of our obligations under these terms & conditions caused by matters beyond our reasonable control.

We publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics and similar information on our business and area of trade, competitors and related parties for your edification. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.

5. Intellectual Property
All intellectual property including trade marks, names, and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms & conditions in any way confers on you any licence or right under any trade marks, names, or logos.

All rights, including copyright, in the content of the Website and the photographs of any vehicles displayed on the Website from time to time and all rights in our database of vehicles, are owned and/or controlled by us.

Except as expressly permitted by these terms & conditions,

Motorgalore Terms & Conditions

Access to the Website is subject to the following terms & conditions. Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you will be deemed to have accepted all of the terms & conditions that apply to its use, the information contained on the Website, and to the facilities and services provided by it. Accordingly, please take the time to read through these terms & conditions before continuing to use the Website. If you do not agree to obey these terms & conditions you must stop using the Website immediately.

We reserve the right to alter these terms & conditions at any time, and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms & conditions.

In these terms & conditions:

• “we/us/our” means Hivotopia (Pty) Ltd trading as Motorgalore, a private company incorporated in South Africa with limited liability, and where applicable our associated companies;
• “Website” means this website including all aspects, facilities, and services of any nature whatsoever related thereto;
• “you”/”your” means the user of the Website including users who have registered with us and where applicable, advertisers.

1. Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

2. Content
You agree that you will only use, reproduce, and print material comprising the results of searches conducted on the Website for personal and non-commercial purposes. In particular, you may not use the contact details provided by advertisers of vehicles to contact such advertisers other than in connection with a genuine inquiry relating to the purchase by you of the vehicle in question.

The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.

The content of and information appearing on the Website may be altered, amended, or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions, or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.

Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission, or inaccuracy in such content and/or information.

We give no warranties, conditions, guarantees, or representations, expressed or implied, as to:

• The completeness or accuracy of information or any advice that may be contained on the Website or any website to which it is linked;
• The content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description, or fitness for purpose of any such vehicles;
• The completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.

3. Contractual issues
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

4. Liability
The information and material displayed on the Website is provided without any guarantees, conditions, or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors, and third parties connected to us hereby expressly exclude:

• All conditions, warranties, and other terms which might otherwise be implied by statute;
• Any liability for any direct, indirect, or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
• Our failure to fulfill any of our obligations in terms hereof;
• The Website or resulting from the use, the inability to use, the Website;
• The search results obtained from the Website;
• Any websites linked to the Website and any material posted on it.

We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as possible by law.

As part of its user offering, Motorgalore offers a valuation service which is based and reliant for effectiveness on the accuracy of your input about any given vehicle. It relies on recorded selling prices over the past 12 months for that vehicle specification to help guide you to a more realistic value for your vehicle. The service is not intended to be definitive of the vehicle’s value, the determination of which remains entirely in your discretion. It is intended to assist you as a reliable guide only. As such, Motorgalore accepts no liability whatsoever for any loss or harm you may allege to have suffered as a result of using the service to sell your vehicle.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available online. We, therefore, provide the Website on an “as is” and “as available” basis.

We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus-checking software.

We are not liable for any failure to perform any of our obligations under these terms & conditions caused by matters beyond our reasonable control.

We publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics, and similar information on our business and area of trade, competitors, and related parties for your edification. We shall not be held liable to honor, explain, or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.

5. Intellectual Property
All intellectual property rights (including, without limitation, copyright, trademarks, database rights, and design rights [whether registered or not]) (“IPRs”) in any publication, copy, text, artwork, photographs, or other materials which we have created and/or inany way altered for you shall belong to us absolutely. If any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs. At our request, you shall sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us to protect and enforce them.

Regarding any materials you supply to us, you grant us a non-exclusive, irrevocable, perpetual, and royalty-free license to use such materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.

You shall indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses, and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party’s IPRs.

6. Our Rights and Obligations
We shall provide the service with reasonable care and skill in a professional and timely manner, and the advertisement shall be designed in accordance with the agreed specification.

Regarding advertisements appearing on the Website, please acknowledge and accept that we cannot guarantee continuous availability online or error-free transfer of the advertisement to the Website. We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses, or other costs incurred by us as a result of any untrue statement or inaccurate information, photograph, or video.

We reserve the right to refuse publication of an advertisement without giving any reason. Further, it is within our sole discretion to classify, edit, and/or delete an advertisement. We may at any time vary the technical specifications of the Website or remove any material or statements appearing in the advertisement if, in our opinion, they are unlawful or constitute a breach of this agreement.

7. Amendments
You may amend your advertisement using the online edit functionality. If you encounter difficulties or have inquiries regarding changes, please contact customer service providing your advertisement reference number, vehicle registration number, or postcode.

8. Cancellation and Refunds
All advertisements will be processed immediately, and payments are non-refundable once the advertisement appears on the Website. Please note that advertisements may take up to 24 hours to appear on the Website.

9. Liability
We shall not be liable to you for any consequential, indirect, or special loss or damage, including but not limited to loss of goodwill or reputation, loss of business and/or opportunity, loss of profits, loss of revenue, and/or economic and/or other similar losses, whether foreseeable, known, foreseen, or otherwise, arising out of or in connection with any total or partial failure to publish an advertisement on the Website. Our total liability to you shall not exceed the advertising rates paid by you for the relevant advertisement.

In the event of any error or omission in an advertisement resulting from our negligence, we may, at our sole discretion, either amend the relevant part of the advertisement, refund you, or adjust the advertising rates. We shall not be liable for any delay in performing our obligations if the delay is due to any cause beyond our reasonable control.

10. Data Protection
Please refer to our privacy policy and cookie policy for further information.

11. General
These terms and any order form contain the entire agreement between us and you and supersede all prior agreements. If any provision of these terms is deemed by a competent authority to be invalid, unlawful, or otherwise unenforceable, then such provision shall be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law. We reserve the right to modify these terms from time to time, and any modifications shall be effective immediately from the time you are notified thereof. The agreement shall be governed by and construed in accordance with South African Law, and the parties submit to the exclusive jurisdiction of the South African Courts.:

12. Dealer Advertising

In addition to the above, with specific reference to dealer advertising, dealers must comply with the Business Advertisement Disclosure Order 1977. This order mandates that all advertisements by individuals or businesses selling goods must clearly indicate their commercial status. Failure to comply is an offense. Dealers are responsible for ensuring that their advertisements distinctly indicate their status. Placing an order for dealer advertising on the Motorgalore website implies acceptance of these conditions. Any agency conditions stated on an agency’s order that conflict with these conditions shall be considered void.

13. Trade Online Advertisements (“TOLA”)

You have the option to purchase advertising space from us online and pay for it online by accessing our website and utilizing the self-serve channel. Payments can be made using credit cards or by direct electronic funds transfer (“EFT”). The use of TOLA is subject to all the terms and conditions contained herein. We reserve the right to refuse or withdraw any advertisement tendered or placed at your instance at any time at our sole discretion. No adverts will be placed through TOLA unless prior payment has been made.

14. Certified Used Vehicles

You shall have no claim against Motorgalore arising from using Motorgalore’s Approved Certified Used Vehicle Product or any linked facility.

15. Sell It For Me (SIFM)

The duration of adverts for Lite (35 Days) and Premium (60 Days) SIFM services is specified. Funds must reflect in our account before the advert becomes active, and no refunds will be given once the advertisement is active. Please note that advertisements may take up to 24 hours to appear on the website. SIFM Premium incurs an overhead cost added to the selling price by our partner “Best Price For My Car” for handling the complete sale of the vehicle. Vehicles between 2010 – 2015 must have a valid Motor Warranty to qualify for the process with our partner. Motorgalore Valuation service provides a market value estimate based on your input, but we accept no liability for loss experienced due to the values displayed.

16. AutoTrader Price Ratings

Our Price Ratings are intended for guidance but are not a guarantee of value.

These revisions aim to maintain clarity and compliance with our terms and conditions, ensuring a seamless experience for our users.