Nissan’s Terms & Conditions of Use of Web Site
These terms govern your use of the website.
In the terms:
1.1 “Nissan Eastern Cape” or “www.nissanec.co.za” or “www.facebook.com/nissaneasterncape” or “NEC” or “we” or “us” means Consortium Motors PTY) LTD trading as Nissan Eastern Cape
1.2 “service” means the provision of information to users about the goods that Nissan Eastern Cape lists on the website;
1.4 “user” or “you” means any person who accesses, visits or uses the website;
1.5 “website” means www.nissanec.co.za
2.1 Headings are inserted only for reference purpose and will not affect the interpretation of the terms. A reference to a person includes a legal person. The rule that an agreement will be interpreted against the party who drafted the agreement will not apply.
3.1 www.nissanec.co.za & www.facebook.com/nissaneasterncape provides a marketing tool to Nissan Eastern Cape through which Nissan Eastern Cape can list vehicles on the website and customers’ enquiries about the listed vehicles are thereafter channelled to Nissan Eastern Cape. A consumer who eventually purchases a vehicle via www.nissanec.co.za or www.facebook.com/nissaneasterncape therefore enters into a direct contract of purchase and sale with Nissan Eastern Cape that is supplying the vehicle.
3.2 Nissan Eastern Cape provides the service to the user on these terms. By providing the service Nissan Eastern Cape does not make any offer to you, but merely provides the information to you.
4. Web site use
4.1 You may only use the website for personal use, limited to viewing the website, providing information to the website and downloading product information for your personal review from the website.
4.2 Nissan Eastern Cape gives you a limited, revocable licence to use the website subject to the terms only.
4.3 Your licence does not extend to the website’s source codes or to the source code of any software or computer program that forms part of the website.
4.4 You may only use the website if in terms of South African law you have the legal capacity to enter into an agreement.
4.5 You may only link to the website by linking to the home page of the website.
4.6 Nissan Eastern Cape may at any time and for any reason and without notice, suspend, discontinue or amend the website and content.
You may not:
5.1 provide any untrue or incorrect information to the website or Nissan Eastern Cape;
5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;
5.3 lease, sell, assign or in any other way distribute the website or any information obtained from the website without the prior written consent of Nissan Eastern Cape;
5.4 use malicious search technology, including but not limited to spiders and crawlers;
5.5 frame any pages of the website;
5.6 deep link to any pages of the website in a way to suggest that you are the owner or licencee of any intellectual property in the website;
5.7 incorporate any material from the website in any other work, publication or website either of your own or belonging to any third party;
5.8 use the website, to post any material which in Nissan Eastern Cape’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. You submit all information at your sole risk and responsibility. Nissan Eastern Cape is not responsible or liable for damages or other adverse consequences caused by the use of the information you submit to the website.
6 Disclaimers and disclosure
6.1 Nissan Eastern Cape publishes information on its website as a convenience to its users for information purposes only. Nissan Eastern Cape receives the information from manufacturers and previous owners. Nissan Eastern Cape will attempt to provide correct information but as the information is received from manufacturers and previous owners, Nissan Eastern Cape cannot guarantee that all information will always be correct. Nissan Eastern Cape will correct any incorrect information as soon as reasonably possible after it comes to their attention.
6.2 Subject to applicable law Nissan Eastern Cape provides the website “as is” and “as available” and disclaims all express or implied warranties, representations and endorsements, including but not limited to warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website will be free from defects, uninterrupted and error free.
6.3 Although Nissan Eastern Cape has made every effort to display the goods and their colors as accurately as possible, the displayed products and colors of the products will also depend on your equipment and Nissan Eastern Cape cannot guarantee that your equipment will display an accurate representation of the actual goods or their colors. You also need to note that as indicated on the images itself, the images displayed are not necessarily images of the goods that are available for sale but may merely be an example of the goods in stock.
6.4 We update the website weekly. This means that a vehicle displayed on the website may not be available for sale at the time you visit the website. You need to confirm stock availability with Nissan Eastern Cape directly.
6.5 Although the website may link to other sites, Nissan Eastern Cape is not directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. You acknowledge and agree that Nissan Eastern Cape has not reviewed all sites linked to the website and is not responsible for the content of any off-site pages or any other sites linked to the website. If you link to other off-site pages or other sites, you do that at your own risk.
7.1 Subject to applicable law, you indemnify Nissan Eastern Cape against any losses that you may suffer as a result of the service, including economic and consequential loss. The indemnity excludes damages that you may suffer as a result of gross negligence and intent on the side of Nissan Eastern Cape
8. Copyright and Intellectual Property Rights
8.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Nissan Eastern Cape, and as such, are protected from infringement by domestic and international legislation and treaties.
8.2 All rights not expressly granted are reserved. The copyright in all content, information, material and logos vesting in www.nissanec.co.za & www.facebook.com/nissaneasterncape shall continue to vest in Nissan Eastern Cape and no right, title or interest in any proprietary material or information contained in this website is granted to you.
8.3 Nissan Eastern Cape owns or has the legal rights to all of the website, including but not limited to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and any other content of the website (the “content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the website (the “code”). The content and code of the website are protected by intellectual property and related rights, including but not limited to copyright, patent, database and trademark rights. All logos, names and trademarks, which appear on the website are the intellectual property of Nissan Eastern Cape or are used by Nissan Eastern Cape under license. Nissan Eastern Cape will prosecute any violation of intellectual property rights to the fullest extent that the law permits.
9.1 If you respond to www.nissanec.co.za and/or www.facebook.com/nissaneasterncape via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential.
9.3 Nissan Eastern Cape welcomes your comments and suggestions on its website and service, but Nissan Eastern Cape does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its service. By submitting information, you warrant that Nissan Eastern Cape may publish the information, use it as part of its operations, and incorporate its concepts in the service or for any other purposes, which Nissan Eastern Cape considers necessary, without liability.
9.5 The Provider will endeavour to comply strictly with the provisions ofboth the Protection of Personal Information Act (POPIA) as well as the Promotion of Access to Information Act (PAIA). By making any purchaseyou agree that you have read the terms and conditions set out in both the POPIA and PAIA manuals which is readily accessible hereinafter.
10.1 The terms will terminate Nissan Eastern Cape discontinues the website.
10.2 Nissan Eastern Cape may immediately terminate use of and access to the website if you breach the terms. This will be without prejudice to any other remedies and rights in terms of the law, including but not limited to claims for specific performance and damages.
11.1 The terms constitute the whole agreement between you and Nissan Eastern Cape
11.2 If any term is found to be void, illegal or unenforceable, the term will be severed from the terms and the remainder of the terms will continue in full force and effect.
11.3 The agreement is regulated by South African law.