The terms and conditions as stated below are the terms of relationship between MotoVantage Holdings and you. By visiting and using the website each visitor accepts and agrees to the terms and conditions.
All Warranty, Maintenance and Service Plans unless specifically referred to shall be referred to as the MotoVantage Products and Services. The Warranty Products are underwritten by Infiniti Insurance Limited (FSP number 35914) and Hollard Insurance Company Ltd (FSP number 17698) and who are authorized financial service providers.
The MotoVantage Products and Services are subject to their own terms and conditions ("policy wording") such as a Warranty policy, Maintenance Plan and/or Service Plan terms and conditions which you must familiarize yourself with.
These terms must be read together with and form part of each agreement.
Amendments to these Terms
MotoVantage reserve the right in our sole discretion to amend these terms at any and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these terms prior to using the services for any such changes and acknowledge that you are bound by the latest version of these terms as published on our website. This Privacy statement and terms and conditions will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
We are committed to ensuring the security of your use of the services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website.
Where you have been a victim of any fraudulent conduct through any use or misuse of the services, you must inform us as soon as you become aware that suspicious conduct has occurred on your accounts and open a case at your nearest South African Police Service office. You will be required to co-operate with us and the South African Police Service in any investigation conducted into losses that you suffered as a result of such fraud.
Use of software and hardware
You should only use the most up-to-date internet browser to access the website provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate properly or at all.
Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarizing yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.
Because we communicate through the internet or by phone, you agree that we are entitled to assume that you have authorized all communications once your user name, password and other identification numbers have been entered. This will not apply once we receive notification from you to disable access to your accounts as a result of your personal information having been misplaced or lost. Our records of your communication will be proof of any instruction you have given us, unless you can prove the contrary.
You are responsible for giving correct information and instructions when registering for the services and when obtaining information by phone.
We will try to assist if you make a mistake when giving us an instruction, but we will not be responsible for any loss or damage caused by your error, nor are we responsible for the verification of the identity of recipients.
You hereby acknowledge that certain information, once processed, may not be reversed or terminated.
Ending a session
You must log off the website once you have finished using MotoVantage website. If you do not do this, unauthorized processing of information may result, for which we will not be liable.
Ending your use of services
We may end your use of and access to services at any time, for any reason whatsoever, on notice to you. Instructions given to us prior to such termination will not be affected by such termination.
We will however, terminate your use of and access to and/or prohibit your future access to use of the services immediately and without any notice to you if:
- we determine that your behavior was inappropriate, illegal or constitutes misconduct.
- you breached these terms.
- you have committed (or attempted) fraudulent conduct directly or indirectly.
In the event of us terminating your access to the services, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.
Information that is transmitted over the Internet, telephone or via other networks (wireless or otherwise) may be subject to interception. While we will take all reasonable precautions to ensure that the services are secure, we shall not be liable for any loss or damage you suffer as a result of your use of the services.
Monitoring of communications
You expressly give your consent for us to monitor your internet and e-mail traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these terms and
- to maintain the integrity and security of our website and information technology systems;
- to investigate and detect any unauthorised use of our website and information technology systems; and as an inherent part of and to secure the effective operation of our website and information technology systems.
To the fullest extent permissible by law, including the Consumer Protection Act, no warranties, whether express or implied, are made of any kind in respect of the services including in respect of the performance, quality, security, content, information, availability, accuracy, safety or reliability of the services.
Limitation of liability
Although we have taken reasonable care to prevent harm or loss to you, you agree that we and our affiliates, shareholders, agents, consultants or employees (in whose favor this constitutes a stipulation for the benefit of another) are not liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of your use of or inability to use the services.
You furthermore indemnify us against any damage, damages, liability, claims or demand by third parties or loss suffered by us arising from your use of the services or your breach of these terms.
This indemnity will be subject to any applicable law, including the Consumer Protection Act.
Links to third party websites
For your convenience, our website may contain links to other websites belonging to or operated by third parties ("third party websites"). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.
Using content from our website
The content on this website, including, but not limited to all registered and unregistered trademarks, constitutes our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any intellectual property.
You may not establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise ("linking") to our website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion.
The law governing our relationship
We both agree that these terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa notwithstanding the fact that an instruction may have emanated from outside the Republic of South Africa. Accessing the services from another country may be an offence in that country. You agree that use of the services outside South Africa will be at your own risk.
In using the services you represent and warrant that you are of full legal age, are emancipated or have your guardian's consent and assistance and have the required legal capacity to enter into and be bound by these terms or any other product agreement regarding your use of the services.
The headings appearing in these terms are inserted for convenience only and will not be taken into account when interpreting these terms.
Where dates and times need to be calculated in terms of these terms, the international standard time (GMT) plus 2 (two) hours will be used.
The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
A certificate issued by our website administrator will serve as proof of which version of these terms as applied to your use of the services at a specific date.
Any provision in these terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these terms, without invalidating the remaining provisions of these terms.