1. Introduction

This website can be accessed at http://www.mgfourways.co.za/ (“Website”) and is owned by Day 1 Motor Retail Proprietary Limited, also referred to as MG Fourways (“we”, “us”, and “our”).

These Terms and Conditions (“Terms”) are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers an account on the Website.

These Terms govern your access to and use of our Website. Please read them carefully, as they affect your legal rights and obligations.

By accessing or using the Website, you agree to comply with these Terms, along with our Privacy Policy. Each time you use the Website, you reaffirm your acceptance of the Terms. If you do not agree to these Terms, you must discontinue your use of the Website immediately.

You must be at least 18 years old to use this Website. If you are under 18, you may only use the Website with the involvement of a parent or guardian.

These Terms contain provisions that:

• May limit risk or liability;
• May create risk or liability for you;
• May compel you to provide an indemnity; and/or
• Serve as an acknowledgement by you of a fact.

Your attention is drawn to these terms because they are important and should be carefully noted.

We will assume that the actions of any user are performed in accordance with the authority granted to them by their organisation. You agree that you will comply with all internal and external requirements (including authorities, policies, and instructions) that apply to the organisation that you represent.

We have the right to restrict access to the Website if there is reason to believe that your use of the Website contravenes these Terms, is excessive or negatively affects the experience of other users.

2. Definitions

For purposes of these Terms:

• “Applicable Law” means any statute, regulation, rule, directive, judgment or requirement applicable to the performance of obligations under these Terms.
• “Intellectual Property” means any know-how, invention, design, trademark, copyright, processes, methodology and similar rights not in the public domain.
• “Intellectual Property Rights” means all proprietary rights relating to Intellectual Property.
• “Personal Information” has the meaning assigned to it under POPIA, including identifying numbers, contact details, biometric data, correspondence, opinions and related information.

3. Third Party Service Providers

To provide our Services, we may engage third-party service providers. By using our Services, you acknowledge that the terms and policies of these third parties may apply.

While we take reasonable steps to ensure appropriate standards, MG Fourways will not be liable for any loss or damage resulting from breach or negligence by a third party.

4. User Conduct and Obligations

You agree to:

• Use the Website lawfully;
• Not engage in illegal, threatening, abusive or offensive activities;
• Not attempt unauthorised access;
• Not transmit harmful code;
• Not reverse engineer software;
• Not disseminate spam;
• Not infringe third-party rights;
• Not interfere with Website systems.

We reserve the right to terminate or suspend access for violation of these Terms.

5. Disclaimer

Website content is for general information only and does not constitute advice.

We do not guarantee accuracy, completeness or timeliness.

To the extent permitted by law, we disclaim liability for:

• Inaccuracies;
• Harm resulting from use;
• Failure to store or transmit information;
• Interruption or technical errors.

MG Fourways reserves the right to take action necessary to preserve security and integrity of systems.

Third-party links or advertisements are used at your own risk.

6. Communications

We may send alerts and communications via email, SMS or electronic means. You consent to receive such communications and may opt out.

7. Limitation of Liability

Your use of the Website is at your sole risk.

To the maximum extent permitted by law, MG Fourways, its affiliates, directors, employees and agents shall not be liable for:

• Indirect or consequential damages;
• Loss of profits, goodwill or data;
• Unauthorised access;
• Errors or omissions;
• Termination due to breach.

We are not responsible for circumstances outside our control, including changes in law or market conditions.

8. Indemnification

You agree to indemnify and hold harmless MG Fourways, its affiliates, directors, employees and agents from claims or damages arising from:

Any losses suffered due to breach of Applicable Law.A trading division of DAY 1 Motor Retail (PTY) Ltd
Reg: 2016 / 299735 / 07
VAT Number: 4460193461
Cnr Cedar Road, Campbell Rd, Fourways, Sandton, 2191
Email: infor@mgfourways.co.za
Tel: 010 900 5554
General Manager: Lloyd Quinn
Directors: V. Vermaak, G. Vermaak, M. Vermaak

Your use of the Website;

Your breach of these Terms;

Any third-party claims related to your use of the Service;