Terms and Conditions

INTRODUCTIONS

Alma Power Vehicles (Pty) Ltd. with registration number 2016/222993/07, is a private company duly incorporated in accordance with the laws of the Republic of South Africa (herein the ”Company”). The company is in the business of buying and selling second hand vehicles. The Company is deemed a responsible party in terms of the Protection of Personal Information Act, Act 4 of 2013, as amended, consolidated or re-enacted, including all regulations thereto (herein the ”POPI Act”). Accordingly, these Terms and Conditions shall be read together with the Company’s Privacy Policy, same which is made available on the company’s website: [●] (herein the ”Website”). The Company’s Privacy Policy is available on the Website for your consideration and acceptance. Any reference herein the ‘Terms and Conditions’ will be a reference to these Terms and Conditions, unless expressly indicated to the contrary. Further, any reference to ‘Our’, ‘we’ and / or ‘us’ shall be a reference to the Company and its personnel, unless specifically indicated to the contrary.

USER / CUSTOMER ACCEPTANCE

These Terms and Conditions stipulates the terms and conditions governing the use of the Website by you (as user or customer). If the User does not elect to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained through the Website. The User hereby consents to our use of cookies in accordance with the terms of our cookies policy – refer our Privacy Policy. You are hereby reminded that the viewing of materials and content on this Website is for your own personal use. You may not modify or alter in any way the materials on this Website or downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, other than their intended use per this Website. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

TERMS OF USE / COPY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

The materials and content on this Website are copyrighted and any unauthorized use of any materials and / or content on this Website may violate copyright, trademark, and other laws. You are entitled to use the content and forms on its Website only for its intended purposes and indicated in the Website and subject thereto that you retain all copyright and other proprietary notices contained in the original
materials and content on any copies of the materials. The Company owns the intellectual property rights, including copyright and trademarks or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Website.

LINKS TO OTHER WEBSITES AND THIRD-PARTY SERVICES

Links on this Website to third-party websites are provided solely for your convenience. You hereby acknowledge that the Company does not control and is not responsible for any of these third-party websites or their content. The Company therefore does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Accessing third-party websites are entirely at your own risk.

LINKS TO THIS WEBSITE

You may create links to this Website from other sites, but only in accordance with the copyrights, trademarks, and other laws applicable.

PERSONAL INFORMATION REQUIRED BY THE COMPANY

Either Party may need to provide, collect, use, store or process personal information of the other Party. Each Party hereby authorizes such collection, use, storage and processing where the need arises. By accessing the Website and providing us with your Personal Information, the User agrees that the use of the Website is entirely at the User’s own risk and the User consents to the processing of his/her requested Personal Information for the purposes of:

  • Processing the transactions and payments necessary in respect of the User’s selected package / services and to manage the Company’s financial accounts in respect of such the Company providing the services in accordance with the User’s selected package / service;
  • disclosing personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law;

any other purpose specified in these Terms and Conditions and/or our Privacy Policy.

Each Party shall only provide, collect, use, store or process personal information in compliance with the POPI Act, as is necessary for the purposes of services offered via the Website; and in accordance with the lawful and reasonable instructions of the party providing the personal information. Both Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of the POPI Act and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organizational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the personal
information in its possession and to protect such personal information against unauthorized or unlawful disclosure, access or processing, accidental loss, destruction or damage.

LIABILITY

The Company will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Website or in reliance on the information available on the Website, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.

INDEMNITY BY USER / CUSTOMER

You hereby indemnify to the Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising from or related to the User’s use of the Website or arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

GOVERNING LAW

Should the User utilise the Website for any purpose, the User hereby consents and submits to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms and Conditions. The Website is controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law.

VARIATION

The Company reserves the rights to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time in its sole discretion and at any time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website or upon notifying the User of the changes via email. Should the User continue to use the Website following the receipt of the notice provided or the posting of changes or updates, the User’s use will be considered notice of your acceptance to abide by and be bound to these Terms and Conditions including the changes or updates.

GENERAL

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from these Terms and Conditions and shall not affect the enforceability and validity of the remaining items of the Agreement. These Terms and Conditions constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by the Company shall not be construed as a waiver or variation of any of our rights or remedies. If the Company is informed of any inaccuracies in the content on the Website, it will attempt to correct the inaccuracies as soon as possible.