Terms & Conditions | Jaguar | Our terms & conditions

JAGUAR LAND ROVER SOUTH AFRICA (PTY) LTD ("JLRSA") TERMS Of USE ("TERMS")

Last Updated: 1st November 2022.

These Terms are applicable to your access and use of the Website, contain exclusions and limitations of the liability of Jaguar Land Rover South Africa (Pty) Limited and its affiliates and imposes legal obligation on you. By using the Website you indicate your acceptance of and agreement to these Terms. If you do not agree, please notify us in writing and terminate your Website access. It is suggested that you print a copy of these Terms and keep it for your records. Please read the terms and conditions carefully. All the terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about those terms and conditions that have important consequences for you. The wording in the boxes is only intended to bring the terms and conditions to your attention, and to explain their nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the provisions of these Terms, and do not apply to situations and examples described in the boxes or to similar situations or examples.

1. Definitions

1.1 In these Terms:

1.1.1 "Applicable Laws" means all laws, statutes, regulations, by-laws, rules, directives, and orders including all other requirements of any government or any government agency, body, authority, tribunal (including any regulator or court in any country in which these Terms have an effect), as may be applicable to you, us or any matter governed by these Terms, including but not limited to Data Protection Legislation;

1.1.2 "Customer" and "you" means the entity or person who accesses and registers to use the Website;

1.1.3 "Data" means any data, including Personal Information, disclosed or supplied to JLRSA by the Customer, or to the Customer by JLRSA;

1.1.4 "Data Protection Legislation" means, any and all laws relating to the protection of Personal Information, including the Protection of Personal Information Act 4 of 2013, the Consumer Protection Act 68 of 2008, the ECT Act and the Promotion of Access to Information Act 2 of 2000;

1.1.5 "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;

1.1.6 "Good/s" means any products, made available from time to time by JLRSA, for purchase on the Website;

1.1.7 "Personal Information" means information relating to an identifiable, living, natural persons, and where it is applicable, an identifiable, existing juristic person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of the person; (ii) information relating to the education or the medical, financial, criminal or employment history of the person; (iii) information relating to the financial affairs of the person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, number or other particular assignment to the person; (vi) the biometric information of the person; (vii) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (viii) the views or opinion of another individual about the person; (ix) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and (x) any other information which may be treated or defined as "personal information" in terms of any Applicable Laws, including Data Protection Legislation;

1.1.8 "Processing" means collect, receive, record, organise, collate, store, develop, update, modify, retrieve, alter, consult, use, disseminate or perform any other act or action, including any other act or action which may be treated or defined as "Process" or "Processing" in terms of any applicable Data Protection Legislation. The word "Processed" shall have a corresponding meaning;

1.1.9 "use" means to use, access, download, refer to, view or make use of the Website;

1.1.10 "we", "our", "us" and "JLRSA" means Jaguar Land Rover South Africa (Pty) Limited; and

1.1.11 "Website" means the website developed and made available by JLRSA, accessible at www.buy.jaguar.co.za which enables customers and potential customers of JLRSA to view vehicles sold by JLRSA and to facilitate the purchase of new vehicles from JLRSA (as assisted by JLRSA's agents from time to time).

1.2 Any reference to "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers and suppliers.

1.3 In these Terms, unless the context otherwise requires, words importing the masculine gender shall include the feminine gender and words importing the singular shall also include the plural and vice versa.

1.4 The provisions of our privacy policy are accessible at https://www.jaguar.com/en-za/privacy-policy.html (the "Privacy Policy") and are incorporated by reference into the Terms and any reference to "Terms" includes the provisions of the Privacy Policy which have been so incorporated by reference.

1.5 As stated in bold at the top of these Terms, by using the Website (as updated from time to time), you agree to be bound by these Terms.

2. Application for use of the Website

2.1 JLRSA has created and developed the Website.

2.2 To use certain functionality of the Website, you will be required to supply us with the Data requested by us for the purposes of the Website, including but not limited to your name, postcode, email address, identity number, citizenship, employment status, credit history and other Personal Information. To use the Website, you will be required to agree to these Terms and create a unique username and password at the time of registration ("Access Details"). You may be required to enter your Access Details to access certain functionality on the Website.

2.3 Where you elect to upload Data to the Website (including where you elect to create an account on the Website), you will be responsible for uploading accurate Data onto the Website.

2.4 You warrant that you will not share your Access Details with any third party. You hereby indemnify and hold JLRSA harmless from and against any damages or losses resulting or arising from disclosure of the Access Details.

The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you. The above clause requires you to indemnify JLRSA and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in the above clause. You are also required to indemnify us and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in the above clause. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claim. In addition, this clause contains statements made by you that you represent are true and which we are able to rely upon.

3. Permitted Use of the Website

3.1 You may only use the Website for the specific purposes that we indicate on the Website and for other lawful purposes ("the Permitted Use").

3.2 In addition, the you must not, without JLRSA's prior written approval:

3.2.1 frame, link to, modify, distribute, commercialise, exploit and/or alter the Website;

3.2.2 perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including but not limited to, any intellectual property rights) in or to the Website; and/or

3.2.3 perform any other act which may not be considered fair use or which otherwise contravenes these Terms.

3.3 JLRSA may, in its sole discretion, at any time and for any reason (including in circumstances of a breach of these Terms by you) and without prior written notice, suspend or terminate:

3.3.1 the operation of the Website; or

3.3.2 your right to use the Website.

3.4 You are solely responsible for obtaining and maintaining all facilities, services, products and equipment, which may be required by you to access and use the functionality on the Website.

3.5 The Website shall be subject to scheduled maintenance without any prior notice to you and may be unavailable for certain periods.

4. Access Control

4.1 Password control

4.1.1 Good password practice is to ensure that passwords are a minimum of eight characters long and that passwords are not left as standard defaults or the same as the username. Names of family members, date of birth, car registration or any other name that could be easily accessed by another person should not be used. You must take care to ensure that no-one, other than you, is in possession of your Access Details.

4.2 Your responsibilities

4.2.1 sessions on unattended equipment should be terminated and your failure to do so will be considered a breach of these Terms.

4.2.2 the sharing of Access Details is strictly prohibited.

4.2.3 you must adhere to JLRSA's information security and confidentiality requirements, as these may be communicated to you by JLRSA from time to time.

4.3 JLRSA will monitor user activity and keep an audit trail of system usage and changes. JLRSA will also conduct extemporaneous reviews of user activity to ensure compliance with these Terms.

5. Customer's Agreement to comply with these Terms

5.1 When using the Website, you enter into a legally binding contract with JLRSA upon these Terms.

5.2 If you do not agree to any term or condition of these Terms, any policies, or any subsequent changes thereto or become dissatisfied with us or the Website, you must notify us in writing and terminate your Website access. We may terminate your access to the Website and/or terminate your account on the Website.

5.3 These Terms and the other policies constitute the complete and exclusive understanding and agreement between you and JLRSA and govern your use of the Website superseding all prior understanding, proposals, agreements, negotiations and discussions between the parties, whether written, oral or tacit.

5.4 The Terms and any additional documents we incorporate by reference will apply to you when you uses any part of the Website.

5.5 These Terms may be updated by JLRSA at any time at our sole discretion. JLRSA may send you notice of such changes to the Terms. You may choose to either accept the changes before they apply or to end the use of the Website.

6. Your behaviour when using the Website

6.1 You must not use the Website to obtain or distribute:

6.1.1 copyrighted material or material protected by law without JLRSA's prior written consent; or

6.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impeded in any manner the operation of a computer system or hardware or software.

6.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website.

6.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

6.4 You may not intercept any information transmitted to or from us or the Website which is not intended by is to be received by you.

6.5 Subject to the further provisions of these Terms, the Website and the content therein may only be used by you for lawful purposes and will not extend to the use of the source code of the Website.

6.6 In addition, you shall not and shall not allow a third party to:

6.6.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website (the "Software") or any files contained in or generated by the Software by any means whatever;

6.6.2 remove any product identification, copyright or other notices, from the Software or documentation;

6.6.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or

6.6.4 disseminate performance information or analysis of the Software from any source relating to the Software.

7. Order and Delivery Procedure

7.1 You may offer to purchase Goods on the Website, subject to the conclusion of an offer to purchase ("OTP") in the manner specified by JLRSA on the Website.

7.2 The OTP will exclusively govern the terms applicable to your offer to purchase the Goods. These Terms will not apply to your offer to purchase the Goods.

8. Intellectual Property Rights

8.1 The Website is protected by law. This incorporates all intellectual property rights in respect of the Website, including all rights, title and interest (statutory and common law) in copyright, designs and trademark, and inventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website is expressly prohibited. Copying or reproducing the Website or any portion thereof for further reproduction, redistribution or any other use is expressly prohibited.

8.2 You do not acquire any right, title or interest, including any intellectual property rights, in or to the Website other than those rights expressly granted to you in these Terms. You agree not to engage in the use, copying, or distribution of the Website for any purpose whatsoever. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on the use of the Website.

8.3 You agree not to reproduce, duplicate or copy any content or material from the Website, and agrees to abide by any and all copyright notices and other notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.

9. Indemnity

9.1 As far as the law allows, you agree to defend, indemnify us and hold us and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agent, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:

9.1.1 your use of and access to the Website;

9.1.2 your abuse of the Website;

9.1.3 a violation of any of these Terms; or

9.1.4 a violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right.

The above clause limits your rights and remedies against us, and requires you to indemnify JLRSA and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in the above clause. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claim.

10. Limitations and termination of use of the Website

10.1 You acknowledge and agree that JLRSA has no responsibility or liability for the usefulness, veracity and accuracy of information relayed through the Website (including the Data).

10.2 JLRSA reserves the right at any time to modify or discontinue the Website with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.

10.3 You acknowledge and agree that JLRSA, in its sole and absolute discretion, possesses the right (but not the obligation) to terminate your access to or use of the Website, immediately and without notice if JLRSA believes that you have violated these Terms. We shall not be liable to you or any third-party for any termination of your access to the Website. You agree not to attempt to use the Website after any such termination.

The above clauses limit your rights and remedies against us, and these clauses limit and exclude your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risks, damages, harm and injury which may be suffered by you.

10.4 No provision of these Terms (or any contract governed by these Terms):

10.4.1 does or purports to limit or exempt JLRSA from any liability to the extent that the law does not allow such a limitation or exemption; or

10.4.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability.

11. Disclaimer of Warranties

11.1 You expressly acknowledge and agree that your use of the Website is entirely at your own risk and that the Website is provided without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of accuracy, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. As far as the law allows, we or our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use of the Website. JLRSA makes no warranties or representations about the accuracy or completeness of the information relayed through the Website and assume no liability or responsibility for any:

11.1.1 errors, mistakes, or inaccuracies of the Data;

11.1.2 personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;

11.1.3 any unauthorised access to or use of the Website;

11.1.4 any interruption or cessation of transmission to or from the Website. For the avoidance of doubt you acknowledge the function of the Website is dependent on your internet service provider's network and infrastructure;

11.1.5 any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or

11.1.6 any errors or omission in any other information relayed or otherwise made available through the Website or for any loss or damage of any kind incurred as a result of the use of any other information relayed or otherwise made available through the Website.

12. Limitation of Liability

12.1 In no event shall JLRSA, our officers, directors, employees or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Website, including without limitation whether the damages arise from use or misuse of the Website, from inability to use the Website, or the interruption, suspension, modification, alteration, or termination of the Website.

12.2 Such a limitation of liability shall also apply with respect to damages incurred by reason of other information received through or advertised in connection with the Website or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or any links of the Website.

12.3 The Website may contain references or links to other web sites ("other web sites") and to the products or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these other web sites or the products, services or conduct of third parties. Your use of other web sites or the products or services of third parties will be entirely at your own risk.

13. Assignment

These Terms, and any rights licenses granted hereunder, may not be transferred or assigned by you. We may cede, delegate, transfer or assign any of our rights and/or obligations under these Terms without restriction. Any cession, delegation, assignment or transfer by you of any of your rights and/or obligations under these Terms without our prior consent shall be null and void.

14. Capacity to accept Terms

You represent and warrant that you have the requisite authority and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

This clause contains statements made by you that you represent are true and upon which we are able to rely.

15. Successors and assigns

These Terms shall be to the benefit of and be binding upon each party's successors and assigns.

16. Violation of terms

Please report any violations of the Terms (including the Privacy Policy) that you become aware of by contacting us on jlrsaio@jaguarlandrover.com Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

17. Variation of certain deeming provisions in the ECT Act

17.1 By using the Website, you agree that these Terms create a binding contract between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:

17.1.1 the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website;

17.1.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;

17.1.3 your use of the Website is sufficient evidence of your agreement to these Terms;

17.1.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the Republic of South Africa;

17.1.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and

17.1.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

18. Interpretation and miscellaneous provisions

18.1 Unless the context provides otherwise or it is expressly stated to the contrary:

18.1.1 the Terms and the relationship between us shall be governed by the laws of the Republic of South Africa;

18.1.2 the termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination; and

18.1.3 if these Terms (or any contract governed by these Terms) or the Website are regulated by or subject to the Consumer Protection Act, 2008 (the "CPA"), it is not intended that any provision of these Terms contravene any provision of the CPA. All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that they comply with the provisions of the CPA

19. How to contact us

19.1 If you have questions about these Terms, please contact us 0860 380 400

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