The website located at www.autowallet.co.za (the “Site”) is operated by Auto Wallet ("we”, “our”, “us”, “AutoWallet"). We are a private limited company registered in South Africa under company registration number 2021/458352/07.
The Site is a medium for providing information and access to products and services of third parties related to cars, including new and used car loans. The Site also advertises vehicles for sale by third party sellers on our web application referred to in these Terms as “Netcars”.
By accessing and using the Site you agree to be bound by and to act in accordance with these terms and conditions.
We have a number of policies referred to in these terms and conditions, including our Privacy Policy and Cookie Policy (together the “Terms”). These all form part of our agreement with you and apply to your use of the Site so please take the time to read them. We recommend that you print or save a copy of these Terms for future reference.
Nothing in these Terms will affect the duties and responsibilities that we have to you in respect of our Regulated Business. In particular, information provided to you on parts of the Site which concern your application for finance will be accurate at all times and this includes our being responsible for checking any content provided to us by third parties.
When you use AutoWallet and/or any connected services via the Site, the additional terms and conditions set out at Part 2 of these Terms shall also apply and shall be deemed to be incorporated into the Terms by reference.
These Terms were most recently updated on the date of posting that appears at the top of this page.
If you have any queries or concerns regarding these Terms, please contact us at info@autowallet.co.za
Your Privacy and our Use of Cookies
We take protection of your privacy seriously and process information about you in accordance with our Privacy Policy.
Like many online services, we use a feature called a ‘cookie’. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish. Please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.
Links and Third Party Material
You acknowledge that parts of the Site may contain material provided by third party product or service providers, advertisers or sponsoring organisations, who are responsible for ensuring that all material submitted for inclusion on the Site complies with all applicable laws. We may (but are under no obligation to) verify the accuracy of such information but we will not be responsible if any such material is untrue, inaccurate, incomplete and/or contains errors and we disclaim all liability and responsibility arising from any reliance you place on such material.
Any material on the Site may be out of date at any given time and, whilst we endeavour to keep material up to date, we are under no obligation to do so. Material on the Site may be subject to change at any time.
You acknowledge that the Site contains links to other websites. We do not review these third party websites nor have any control over them and we are not responsible for the websites or their content or availability. When you activate any of these links, you will leave the Site and we accept no responsibility for the availability or content of any linked websites or for any loss or damage that may arise from your use of them. The links are provided for your convenience and any such link does not imply endorsement by us of a website or any association with the operators of a website. If you decide to access any of these sites you do so entirely at your own risk.
If you use a linked site, any personal information you give to that site will be dealt with in line with that site’s privacy policy, not ours, so please ensure that you have read that site’s terms and conditions and privacy policy before you use the websites and provide any personal information.
Intellectual Property Rights
All intellectual property rights in the Site and its content (including copyright and database rights and (whether registered or unregistered) trademarks, trade names and designs and other intellectual property rights in that content), shall at all times remain vested in, or licensed by, AutoWallet. You are permitted to print or download extracts from material on the Site for your personal use only provided you keep intact all or any copyright and proprietary notices.
Our content includes any information or other material found on or via the Site, including text, databases, graphics, videos, software and all other features found on or via the Site.
No part of the Site or any material appearing on the Site may be modified, copied, distributed, reproduced, stored in or transmitted on any other website for commercial purposes without prior written permission of AutoWallet.
We make the Site and our content available through the Site for your personal, non-commercial use only. You may view the Site’s pages and content online and to be clear you are not in any circumstances permitted to (i) make commercial use of any such content; (ii) edit any such content; or (iii) remove, obscure or otherwise tamper with any copyright or proprietary notices that relate to, or are contained within, the content.
No licence is granted to you in these Terms to use any trade mark of AutoWallet.
Access to the Site and Viruses
Anyone can access the Site using their web browser and internet connection. However, if you want to use AutoWallet and/or any connected services, you will need to make an application for finance. For that purpose, you must be 18 years of age or older and resident within the South Africa. Please see paragraph 5 of Part 2 of the Terms for further information about account creation and using AutoWallet.
We try to make the Site available at all times, but, of course, due to the inherent nature of online and Internet based services, we cannot guarantee this.
We do not warrant that your access to t-he Site will be uninterrupted, unrestricted, timely, secure and error-free and we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free (and we may suspend, restrict or terminate your access to the Site at any time), or that the Site and the server are free of computer viruses or other harmful applications. If a fault occurs in the service you should report it to us and we will attempt to correct the fault as soon as we reasonably can.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We do not represent that the Site or the material on the Site is appropriate or available for use outside the South African republic. If you choose to access the Site from any location outside South Africa, you do so at your own risk and it is your responsibility to ensure compliance with all foreign and local laws and requirements.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
Liability
The Site is provided on an “as is” basis and to the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions or representations relating to the Site and its content, whether express, implied, oral or written.
You agree that your access and use of the Site and its content is at your own risk. We do not have any knowledge of, or control over, the particular purposes for which the information and content available on the Site is used. The content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on the Site.
By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly:
we do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the content on it or the services we provide will be delivered uninterrupted, in a timely manner or error-free; and
we are not responsible for any data or information uploaded by any users including any content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the content you post, upload or publish on the Site and we strongly recommend that you do so.
We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
We will not be responsible or liable to any visitors browsing the pages of the Site for:
any form of indirect, consequential or special loss; or
any financial loss or loss of data, opportunity, goodwill or reputation, in each case whether such loss is direct or indirect.
There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
for death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
If we are found to be liable, our total liability in respect of all claims made against us in connection with these Terms (other than those mentioned in previous point) shall be limited to R1000.
Miscellaneous
Compensation:
You agree to only use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of or in connection with any breach of these Terms by you (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you.
General Prohibitions on Access and Use of the Site:You may use the Site only for lawful purposes and you may not use the Site;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way; or
to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms;
not to access without authority, interfere with, damage or disrupt:
any part of the Site;
any equipment or network on which [the Site is stored;
any software used in the provision of the Site; or
any equipment or network or software owned or used by any third party.
You shall not carry out data mining, screen scraping or crawling of this Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
Copyright Complaints:
We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 7 of this Part 1.
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others’ copyright.
Content hosted on third-party websites accessible from the Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
Third-Party Software:
You acknowledge that you may need to download and activate certain software in order to use certain content provided and sold on the Site. This software will be clearly identified on the Site.
In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
General Complaints, Feedback and Requests for Further Information:
If you have any general complaints or wish to request further information about the Site, please contact us via email at info@autowallet.co.za
Your feedback and suggestions about the Site are always gratefully received by us however you understand that we may use these without any obligation to compensate you for them and you are, of course, under no obligation to us to provide them.
Written Communications:
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Changes:
We may make changes to the Terms at any time by sending you an email with the modified terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
Interpretation:
Headings in these Terms are for convenience only and will not affect the interpretation of these Terms.
In these Terms, words that appear after the expression “include”, “including”, “other”, “for example”, “such as” or “in particular” (or similar expression) will not limit the meaning of the words appearing after such expression.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
If any provision in these Terms is found by any court or other body of competent jurisdiction to be wholly or partly invalid or unenforceable then that provision or part will be severed from these Terms and the remaining provisions will continue in full force and effect.
If you breach these Terms, a waiver of any right under these Terms is only effective if it is in writing and shall not be deemed to be a waiver of our right to act in respect of any subsequent or similar breach.
We will not be responsible for any breach of these Terms or otherwise for any delay or failure in processing your application for any loan or other product or service where such breach, delay or failure is attributable to you and/or any third party or is otherwise caused by circumstances beyond our control.
Any agreement between us is made for the benefit of you and AutoWallet and, except unless expressly stated, is not intended to benefit, or be enforceable, by anyone else.
We aim to at all times provide you with an excellent standard of service. If for any reason you are unhappy with our service please contact us at info@autowallet.co.za and we will aim to resolve your complaint as soon as possible. If you remain dissatisfied with our response, you may have a right to refer your case to the Financial Ombudsman Service depending on the nature of your complaint.
These Terms shall be governed by and construed in accordance with the laws of South Africa and each of you and AutoWallet irrevocably submits to the exclusive jurisdiction of the South African courts in relation to all disputes arising out of or in connection with these Terms.
These terms and conditions shall apply in addition to the Terms when you use Netcars and/or any connected services via the Site.
In the event of any conflict between any provisions of this Part 2 of the Terms and Part 1 of the Terms, the provisions of this Part 2 shall prevail.
For the avoidance of doubt, for the purposes of this Part 2 of the Terms, references to the Site shall include Netcars
AutoWallet and Reliance on Information Posted
The Site is a medium for providing information and access to cars, products and services related to cars, advertised by trade dealers and other third parties (the “Seller”) which are being offered for sale via the Site.
We provide a platform for Sellers and buyers to complete transactions in accordance with the provisions of these Terms. Accordingly, our role is to facilitate transactions between Sellers and buyers through provision of the Site. We are not an auctioneer nor are we an agent of the buyer or Seller and we have no continuing authority to negotiate, deal with, manage, conduct or conclude any sale or purchase on behalf of the buyer or the Seller.
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
All prices listed on the Site shall be stated inclusive of VAT.
Before purchasing any cars, products or services which have been found by using the Site, we recommend you confirm all information with the Seller and make your own enquiries and searches about the car, product or service and also about the Seller.
Where applicable, if you choose to purchase a vehicle advertised on the Site, the contract will be between you and the Seller and not with AutoWallet (unless expressly stated otherwise) (“Contract”). In such circumstances, we therefore have no liability to you for any losses that you may incur as a result of purchasing a vehicle, product or service from a third party through the Site. Before proceeding with the purchase of the vehicle, product or service you should read the Seller’s terms and conditions carefully and, where appropriate, take independent advice.
AutoWallet does not have possession of anything listed or sold through the Site, and is not involved in, and bears no responsibility for, the actual transaction between you and the Sellers. The contract for the sale is directly between you and the Seller.
Please be aware that:
if you buy any car, product or service from a Seller via the Site you will have certain legal rights in relation to such cars, products or services purchased that are faulty or not as described and advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these General Terms and Conditions will affect these legal rights; and
as a consumer, you will have certain rights which may apply in respect of the Contract. Compliance with these rights is the sole responsibility of the Seller.
While we may provide relevant information from the Seller, such information is for information only. We have no control over, and are not in any way responsible for, the existence, quality, safety or legality of the items advertised.
The responsibility for compliance and enforcement of all obligations under the Contract is between the Seller and the buyer.
Payment for vehicles and other products or services of third parties will be made on the applicable terms and conditions of the relevant third party and cannot be made via the Site.
Should a dispute arise between you and the Seller you should each use your best efforts to resolve that dispute and all complaints and queries with respect to a transaction should be directed to the other party involved. We may (but shall no obligation to) mediate between the parties to the Contract or to enforce the Contract. However, if you are unable to resolve your dispute with the Seller, please contact us by email at info@autowallet.co.za
Where you obtain any vehicle, product or service from a third party through the Site, the service we provide in connection with that vehicle, product or service is without charge to you although we may be entitled to charge a commission or receive fees from that third party.
Our Liability
Subject to paragraph 5 of Part 1 of these Terms, we will not be responsible or liable:
for any losses related to any business of yours including lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption; or for any losses which are not reasonably foreseeable;
for any data or information uploaded by any Sellers including content posted, uploaded or published on the Website; and
if we are prevented or delayed from complying with our obligations under these terms and conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control.
If we are found to be liable, our liability to you or to any third party shall be as set out in paragraph 5 of Part 1 of these Terms.
Changes to the Site
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Your Application and AutoWallet
By submitting your data to the Site and accepting these Terms, you are consenting to AutoWallet automatically registering you as a member of AutoWallet. You may unsubscribe at any time from this service in accordance with paragraph 6 of this Part 2, below.
We will protect and process all personal information supplied by you as part of the registration process in accordance with the terms of our Privacy Policy.
You are solely responsible for any information submitted by you to the Site. You warrant that all data provided by you is complete, accurate, up-to date and not misleading or likely to deceive and you must update your account promptly with any changes to such details.
When you register to use AutoWallet you will be asked to create a password. Your password is unique to you and you must keep it confidential and not disclose it to anyone. You are responsible for all activities and enquiries that occur or are submitted through the use of your password. If you know or suspect that someone else knows your password you must notify AutoWallet immediately. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
From time to time, we may restrict access to some parts of the Site, or our entire Site, to users who have registered with us. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use or we believe your user identification has been compromised or otherwise believe there is a security risk presented by use of such user identification. We may also require you to change your password or suspend your AutoWallet account.
You agree to reimburse AutoWallet in full for any losses, liabilities, costs (including legal 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 or sums paid by us as a result of or in connection with any claim made against us by any third party to the extent that such claim arises out of any activity on your account.
Suspension and Cancellation
Without prejudice to any other remedy available to us under the Terms or at law, if you have breached, or we have justifiable reason to believe that you have breached, or will breach, these Terms, we may suspend or cancel your registration immediately at our reasonable discretion.
You may cancel your registration at any time by informing us by email sent to info@autowallet.co.za .If you do so, you must stop using the Site immediately.
For the avoidance of doubt, on cancellation of your registration, for any reason, any paragraphs of these Terms which expressly or by implication have effect after termination shall continue in full force and effect.
The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s accrued rights or liabilities under these Terms.
We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than 36 consecutive months.
