Terms & Conditions

§ 1 Scope

The following terms and conditions ("T&C") of New Car Deals, operated by Online 365 (Pty) Ltd ("Online 365") (a company duly registered in South Africa with Registration Number 2014/245788/07 and having its principal place of business at Upper East Side, 31 Brickfield Road, Woodstock, Cape Town, South Africa) apply to any offers and negotiations of the internet portals operated by New Car Deals, promotion and cooperation of New Car Deals or other contacts initiated between customers and New Car Deals. The customers are interested parties, who communicate with the said channels of New Car Deals.

Other conditions of the customer are excluded, even if New Car Deals has not refused those.

§ 2 Brokerage Contract

New Car Deals brings dealers and customers through advertising and promotions together. New Car Deals is mandated by the customer with the purchase contract negotiation between the customer and a dealership. A brokerage contract shall be deemed granted if the customer submits its enquiry via one of New Car Deals' internet and mobile portals and therefore appoints New Car Deals to broker the purchase with a dealer. The contract is accepted if New Car Deals does not reject the contract. The brokerage contract is fulfilled with the transfer of the enquiry to the selling dealership by New Car Deals. The creation of an offer by New Car Deals is completely free of charge regardless of the offer being accepted by the customer. There are no brokerage fees or other charges payable by the customer.

§ 3 Cancellation of Brokerage Contract

Customers can cancel the brokerage contract within a two-week period starting with the submitting of enquiry via one of the New Car Deals internet or mobile portals. To meet the cancellation period the customer is required to send the cancellation via registered post to the following address:

Online 365 (Pty) Ltd
New Car Deals Support
PO Box 102
Rondebosch
7701
South Africa

§ 4 Prices, Car Delivery Dates and Delivery Times

The vehicle prices shown are final and include VAT, unless explicitly stated otherwise. Delivery charges could be charged separately by the dealership. All stated data such as prices and model specifications are not binding. The discounts are based on the list (retail) price of the manufacturer. Short-term price changes of the manufacturer or dealer are possible.

The vehicle will be handed over at the respective location of the dealership or any other location agreed between the customer and the dealership. All mentioned delivery times are not binding.

§ 5 Rejection and Cancellation of Brokerage Contracts

Offers of New Car Deals always apply "while stocks last", although this is not explicitly stated in the respective offers. If an advertised vehicle is no longer available, or the dealership cannot supply an advertised vehicle, New Car Deals is entitled to reject the brokerage contract and to cancel existing brokerage contracts. This also applies to changes of New Car Deals terms and conditions and price changes from manufacturers and dealers.

This also applies to errors in respect of vehicle specifications, and incorrect and changed price information — New Car Deals can reject and cancel the brokerage contract and dissolve existing brokerage contracts. In this case, New Car Deals will attempt to inform the customer of the failed brokerage attempt, while trying to provide the customer as quickly as possible with an alternative vehicle offer.

§ 6 Purchasing, Financing, Leasing, Insurance and Payment

The customer will receive the purchase agreement in respect of the selected vehicle, or any other suitable vehicle agreed by the customer, from the vehicle-delivering dealership. In the case of additional services such as leasing, financing and insurance, the customer receives possibly additional contractual documents from New Car Deals' partner service providers.

New Car Deals acts as an intermediary and will not at any time be part of any agreements between the customer and the dealership or any other service providers.

The purchase price including any other charges such as finance fees and delivery costs are payable prior to the delivery of the vehicle. Payment is to be made directly to the delivering dealership. Payments relating to finance and leasing contracts have to be made as agreed in the respective contracts.

§ 7 Communication

We might use your e-mail address to offer you similar products or services. You can object to the use of your email address at any time, without any costs other than the cost of transmission of your unsubscribe request via email. The easiest way to unsubscribe is by using the link at the bottom of our email correspondence, or by emailing us with the word "Unsubscribe" in the subject line. If we collect personal information for a purpose beyond use that, according to legal provisions, requires your approval, we will ask you for your express consent. You may withdraw your consent at any time, once given.

§ 8 Data Processing

Personal information is collected on this website if you provide it voluntarily during registration, by filling out forms, by sending e-mails or primarily by successful placement of a vehicle. We use this data for the indicated enquiry purpose, for example sending your vehicle enquiry to a dealership. A promotional use of the data is only for New Car Deals advertising purposes (including advertising recommendation). Disclosure to third parties will only take place if necessary for the fulfillment of the brokerage contract (for example so the dealership can produce a purchase agreement), or where required by law. New Car Deals is expressly entitled to disclose personal information to dealerships, manufacturers, and financial and insurance companies for the purpose of quotation and order processing.

Your personal information entered by you on this website may be transferred to and processed in countries other than South Africa.

§ 9 Disclaimer of Warranties

The website is provided "as is". New Car Deals, its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither New Car Deals, its suppliers nor licensors make any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

§ 10 Liability

New Car Deals acts merely as an intermediary and is not liable for any damages resulting from acceptance, non-acceptance, incomplete, incorrect or delayed fulfillment of the brokerage contract by the dealership, as well as any damages resulting from contracts concluded with financial or insurance companies.

All matters arising out of contracts between the customer and dealership, manufacturers, financial and insurance companies fall outside of the responsibility of New Car Deals. New Car Deals is not liable for the fulfillment of contracts by dealerships, manufacturers, and financial and insurance companies. Further, New Car Deals is not responsible for the condition of the vehicle.

New Car Deals is not liable for any damages including the personal liability of directors, officers, agents and employees of New Car Deals before, during or after the order processing.

In no event will New Car Deals, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

1. any special, incidental or consequential damages;
2. the cost of procurement for substitute products or services;
3. interruption of use or loss or corruption of data; or
4. any amounts that exceed the fees paid by you to Online 365 (Pty) Ltd. under this agreement during the twelve (12) month period prior to the cause of action. Online 365 (Pty) Ltd. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

§ 11 Indemnification

You agree to indemnify and hold harmless New Car Deals, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the website, including but not limited to your violation of this agreement.

§ 12 Applicable Law, Place of Performance and Jurisdiction

South African law is applicable. Place of performance and jurisdiction shall be Cape Town.

§ 13 Severability

If any provision of these terms is invalid or unenforceable, then the validity of the remaining provisions shall not be affected.