Terms of Use

These Terms and Conditions and our Privacy and Cookies Policy govern your use of the MotorHappy.co.za website and your relationship with MotorHappy.co.za.

Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions and/or our Privacy and Cookies Policy, please do not register for or use the MotorHappy.co.za website. Please note that to use any of the services provided on the MotorHappy.co.za website, you are required to register as an authorised user on the website.

Use of the MotorHappy.co.za website

The MotorHappy.co.za website is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy and Cookies Policy. By using the MotorHappy.co.za website you agree to be bound by these Terms and Conditions and our Privacy and Cookies Policy.

All pricing, comparisons and purchases made on the MotorHappy.co.za website will also be governed by the specific Product Terms relevant to Branded product sold on the website.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to the user via a suitable announcement on the MotorHappy.co.za website.

ot continue to use the MotorHappy.co.za website. If you continue to use the MotorHappy.co.za website after the date on which the change comes into effect, your use of the MotorHappy.co.za website indicates your agreement to be bound by the new Terms and Conditions.

Registration

To register with MotorHappy.co.za you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

Password and security

When you register to use the MotorHappy.co.za website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If MotorHappy.co.za has reason to believe that there is likely to be a breach of security or misuse of the MotorHappy.co.za website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

Miscellaneous

We reserve the right to vary or terminate any promotion or product at any time without notice.

The failure of MotorHappy.co.za to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceablility. MotorHappy.co.za reserves its rights in respect of these terms and conditions at all times.

Refunds on promotional offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

Excluded services

The services provided by the MotorHappy.co.za website do not include the provision of computer or other necessary equipment to access the MotorHappy.co.za website. To use the MotorHappy.co.za website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

Intellectual property

The content of the MotorHappy.co.za website is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the MotorHappy.co.za website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the MotorHappy.co.za website without written permission from MotorHappy.co.za.

No licence is granted to you in these Terms and Conditions to use any trade mark of MotorHappy.co.za or its affiliated companies including, without limitation, the trade marks MOTORHAPPY.CO.ZA.

Limitations

You may not use the MotorHappy.co.za website for any of the following purposes:

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• Gaining unauthorised access to other computer systems
• Interfering with any other person’s use or enjoyment of the MotorHappy.co.za website
• Breaching any laws concerning the use of public telecommunications networks
• Interfering or disrupting networks or websites connected to the MotorHappy.co.za website
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
• MotorHappy.co.za reserves the right to refuse to post material on the MotorHappy.co.za website or to remove material already posted on the MotorHappy.co.za website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• Any claim by any third party that the use of the MotorHappy.co.za website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• Any claim by any third party that the use of the MotorHappy.co.za website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the MotorHappy.co.za website by you.

Availability of the MotorHappy.co.za website

Although MotorHappy.co.za aims to offer you the best service possible, MotorHappy.co.za makes no promise that the services at the MotorHappy.co.za website will meet your requirements. MotorHappy.co.za cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at [email protected] and we will attempt to correct the fault as soon as we reasonably can.

Your access to the MotorHappy.co.za website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. MotorHappy.co.za will attempt to restore the service as soon as it reasonably can.

MotorHappy.co.za may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the MotorHappy.co.za website.

The suspension or cancellation of your registration and your right to use the MotorHappy.co.za website shall not affect either party’s rights or liabilities.

Paragraphs 9, 10 and 13 of these Terms and Conditions shall survive cancellation.

MotorHappy.co.za’s liability

The MotorHappy.co.za website is provided by MotorHappy.co.za without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The MotorHappy.co.za website provides content from other Internet websites or resources and while MotorHappy.co.za tries to ensure that material included on the MotorHappy.co.za website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.

MotorHappy.co.za will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the MotorHappy.co.za website. If MotorHappy.co.za is informed of any inaccuracies in the material on the website we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• Incompatibility of the MotorHappy.co.za website with any of your equipment, software or telecommunications links
• Technical problems including errors or interruptions of the MotorHappy.co.za website
• Unsuitability, unreliability or inaccuracy of the MotorHappy.co.za website
• Inadequacy of the MotorHappy.co.za website to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the MotorHappy.co.za website.

Third party websites

As a convenience to MotorHappy.co.za customers, the MotorHappy.co.za website includes links to other websites or material which are beyond its control. MotorHappy.co.za is not responsible for content on the Internet, or any other website outside the MotorHappy.co.za website.

Advertising and sponsorship

Part of the MotorHappy.co.za website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the MotorHappy.co.za website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa and any disputes will be decided only by the South African courts.

International use

MotorHappy.co.za makes no promise that materials on the MotorHappy.co.za website are appropriate or available for use in locations outside South Africa, and accessing the MotorHappy.co.za website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and MotorHappy.co.za ignores this, MotorHappy.co.za will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

MotorHappy.co.za shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.