WEBSITE TERMS OF USE

STELLANTIS SOUTH AFRICA PROPRIETARY LIMITED

WEBSITE TERMS OF USE

 

1. Introduction

1.1   By using this Website, you agree to be bound by these terms of use as set out by Stellantis South Africa Proprietary Limited with Company Registration Number: 1997/014154/07 ("Stellantis SA/we/us/our"). These terms of use become effective when you access this Website for the first time and constitute a binding agreement between us and you, which will always prevail. If you do not agree to the terms and conditions please discontinue your access or use.

1.2   Any reference in these terms of use made to Stellantis SA or its affiliated Brands includes, Alfa, Citroën, Fiat, Jeep, LeapMotor, Opel, Peugeot.

1.3   The access to the services offered by this Website are provided to you on an "as is" and "as available" basis and free of charge, except where another agreement between us stipulates the contrary.

 

2. Status of Website

2.1   We will use our best efforts to maintain the quality of the services offered by this Website, but you should not assume that the Website is error free or that it will be suitable for the particular purpose which you have in mind when using it.

2.2   The information on this Website is provided without any warranty, express or implied. We accordingly accept no liability arising from the information being unsuitable for any specific purpose, outdated, inaccurate or incomplete.

2.3   The information, products and opinions expressed on the Website are of a general nature and should not be regarded as advice. We will not be liable for any loss or damage arising from access to or the use of this Website or the information, content, materials or products appearing on this Website or any links to this Website.

 

3. Product Information

3.1   The specifications contained on the Website are an overview intended for awareness purposes only and subject to change without notice.

3.2   Dimensions, capacities and performance specifications apply to standard vehicles. For current information and applicable specifications please contact us at the contact details set out in clause 14 below or your nearest dealer.

 

4. Prices

4.1   All prices shown are recommended retail prices which are not binding on Stellantis SA or our authorised dealers.

4.2   The recommended retail price includes VAT but excludes dealer delivery and related charges unless otherwise stated.

 

5. Intellectual Property

5.1   We retain all copyright and other intellectual property rights in all material, including but not confined to trademarks, designs, logos, slogans and other graphics and multimedia works (“proprietary material”) published on or via the Website, or third-party platforms such as WhatsApp, Facebook, Instagram, TikTok, X, amongst others (“digital platforms”), or on any other material in soft or hard format.

5.2   You are only authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

   5.2.1   the proprietary material is for personal use and not for any commercial purposes;

   5.2.2   any reproduction of our proprietary material from the Website or digital platforms or portion of it must include our copyright notice in its entirety;

   5.2.3   you do not distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.

5.3   The logos, trademarks, tradenames shown on the Website or Digital Platforms are our registered and unregistered intellectual property or that of third parties from whom we have the necessary permission to use the intellectual property. Nothing on this Website should be construed as granting you any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be.

5.4   Stellantis SA is the owner of the respective domain. No other person or entity has any right to use the foresaid domain. Should you be contacted by or come across any website (other than this one) purporting to be the official website of Stellantis SA or its affiliated brand, please report this to the contact details as set out below.

5.5   If you submit any content to this Website, you grant us by the submission of such content a transferable, perpetual, worldwide and royalty free license to use the content in any manner whatsoever. If the intellectual property rights of any content submitted by yourself is owned by a third party, you undertake to notify us immediately of the situation and you indemnify us upon submission against any claims that such third party may bring against us for the use of third party content submitted to the Website or Digital Platforms by yourself.

5.6   The websites of Stellantis SA and its affiliated Brands including but not limited to the pictures of all makes of vehicles and light commercial vehicles used on this website, trademarks, trade names, logos, slogans, content, software, text, graphics,  designs and service marks or other material contained in or electronically distributed on this website (“Website” / "Website Content")  are our exclusive property and protected by law, including but not limited to copyright and trademark law.

5.7   The Stellantis SA and its affiliated Brand trademarks, trade names logos and slogans used on our websites are all trademarks registered in the name of the various legal entities that are the proprietors of the trademarks in South Africa and other parts of the world.

5.8   You are prohibited from using, reproducing, downloading, storing, posting, broadcasting, transmitting, modifying the Website, or the Website Content or the Stellantis SA and any of its affiliated Brand Trademarks.

5.9   You will not acquire any right, title or interest in or to the Website, or the Website Content or Stellantis SA and any of its affiliated Brand Trademarks.

5.10   You will not make a permanent copy of or reproduce this Website and/or the Website Content in any form whatsoever.

5.11   You will not incorporate this Website into any other website.

5.12   You will not frame this Website without our express written consent.

5.13   Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

6. Links to Other Websites

6.1   Our Website and Digital Platforms, related websites and our mobile app may have links to or from other websites or digital platforms .

6.2   We try to link only to websites or digital platforms that also have high privacy standards, however we are not responsible for their security, privacy practices or content.

6.3   A link from our Website to any other website or from one Digital Platform to another does not mean that we have scrutinised or endorsed the owners or administrators of the websites or digital platforms or their business or security practices and operations.

6.4   We recommend that you always read the privacy and security statements on these linked websites and digital platforms.

6.5   Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving our prior written approval from us.

 

7. Monitoring of Electronic Communications

7.1   We communicate with you through different methods and channels such as Email, text message (SMS), social media platforms on the mobile app, and instant messaging services amongst others.

7.2   If permitted by applicable laws, we may record and monitor electronic communications to make sure that they comply with our legal and regulatory responsibilities and internal policies.

 

8. Limitation of Liability and Disclaimer

8.1   You use the Website at your own volition and risk.

8.2   We shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of accessing and using the Website, utilising any service offered on the Website or relying on any information contained on the Website for any reason whatsoever including but not limited to any injury, loss or damage suffered.

8.3   In particular we will not be held liable for the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the Website.

 

9. Indemnity

9.1   By accessing the Website, you hereby indemnify Stellantis SA, our directors, our employees, our dealers, agents and service providers against any demand, claim or action for either direct, indirect, punitive or consequential damages against us relating to or in connection with your use or accessing of the Website.

 

10. Governing Law

10.1   To the extent that there is a conflict or contradiction to what is stated in these terms and conditions and the applicable legislation mentioned below, the applicable legislation will prevail to the extent of such conflict.

10.2   The governing laws for this website Terms and Conditions are those of the Republic of South Africa and include all relevant legislation.

 

11. General Matters

11.1   We may amend the Website from time to time.

11.2   By repeatedly accessing the Website, you are bound to the version of the conditions published at the time of any visit to the Website.

11.3   If any provision of this entire Website is found to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

11.4   The contravention of the conditions contained in the Website entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and client scale.

 

12. Direct Marketing and Electronic Marketing

12.1   We may send you marketing communications (“direct marketing communications”) primarily for the purpose of directly marketing our products, services and special offers to you by email, text message (SMS), social media platforms, on the mobile app and other.

12.2   We will only send you marketing communications if you give us your agreement to do so.

12.3   When you register to use the Website, you agree to receive marketing communications from us.

12.4   Your participation in marketing communications is completely voluntary. Should you not consent to the receipt of marketing communications, you can inform us at any time and we will discontinue providing you with marketing communications.

12.5   Please note that fraudulent emails do get sent by senders that pretend to act on our behalf. It may be claimed in such emails, for example, that you have won a prize or that you should send or confirm personal information by email, including but not limited to, your name, address, passwords or financial information. If you receive an email of this nature from someone pretending to be from Stellantis SA or a dealer, which asks you to provide or confirm personal information, do not respond to it or make any payments. It is most likely to be a fraudulent email, the sole purpose of which is to receive your personal information or any payment.

12.6   You may take action as you deem fit but we recommend that you add the sender of the fraudulent email to your blocked email or spam email list. You are requested to bring such conduct to our attention immediately by reporting the incident at the contact details set out in our contact details section below.

12.7   If you wish to opt out of such marketing communications, please make use of the “Unsubscribe” option available on the relevant communication or contact us at the contact details set out in contact details section below.

 

13. Social Media and Instant Messaging

13.1   We operate and communicate through our designated channels, pages, and accounts on some social media and instant messaging sites to inform, help and engage with you.

13.2   We monitor and record comments and posts made about us on these channels so that we can improve our products and services.

13.3   The general public can access and read any information posted on these sites.

13.4   We are not responsible for any information posted on those sites other than the information posted by our designated officials.

13.5   We do not endorse the social media or instant messaging sites themselves, or any information posted on them by third parties or other users.

13.6   You are entirely responsible for all content that you access, upload and post.

13.7   When you engage with us through social media or instant messaging the site owner may process your personal information. The processing of your Personal Information under these circumstances is outside our control and may be in a country outside South Africa that may have different privacy laws.

13.8   When you use social media platforms and instant messaging services such as TikTok, Facebook, X (formerly Twitter), Pinterest, Instagram, LinkedIn, WhatsApp and similar channels, it is important to familiarise yourself with how these platforms handle the sharing of your personal data and information. We recommend that you read and understand the relevant privacy policies, Terms of Use and Data Protection statements on these platforms.

13.9   Depending on your privacy settings and the permissions you grant on these platforms, we may receive certain personal information or data related to your profiles and online activities, which may be used to enhance our communication and service offerings to you.

 

14. Consumer Protection Act and Protection of Personal Information Act

14.1   If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 ("CPA"), we have a duty to point out certain important terms to you.

14.2   The paragraphs which contain these important terms and the reasons why they are important are set out below:

   14.2.1   Limitation of risk, legal responsibilities and liability - The “Privacy Policy And Data Protection” section and clause 8 of the “Terms Of Use” section above are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. As a result of these clauses, your rights and remedies against us are limited and excluded. These clauses also limit and exclude your right to recover or make claims for any losses, damages, liability or harm you or others may suffer. In summary, these paragraphs state that you know and accept that the Internet is not absolutely secure and that there is a risk that your Personal Information will not be secure when transmitted over the Internet.

   14.2.2   Assumption of risk, legal responsibilities and liability by you - Clause 8 of the “Terms Of Use” section is important because you take on risk, legal responsibilities and liability. You will also be responsible for, and you accept, damages, harm, and injury which may be suffered by you and others in relation to what is stated in these clauses.

   14.2.3   Acknowledgements of fact by you - The “Privacy Policy And Data Protection” section and clause 8 of the “Terms Of Use” section above are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true.

14.3   If any part of the Privacy Policy is regulated by or subject to the CPA or the Protection of Personal Information Act, No. 4 of 2013 ("POPI"), it is not intended that any part of this Privacy Policy contravenes any provision of the CPA or POPI. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and POPI are complied with.

14.4   No provision of the Privacy Policy:

   14.4.1   does or purports to limit or exempt us or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

   14.4.2   requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

   14.4.3   limits or excludes any warranties or obligations which are implied into this Privacy Policy by the CPA or POPI (to the extent they are applicable) or which we give under the CPA or POPI (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.

 

15. Queries and Contact Details

15.1   If you have questions about our terms of use or wish to contact us, please contact us at :

customercareza@stellantis.com

15.2   Mondays to Fridays (excluding gazetted national public holidays in South Africa) between the hours of 08:00 and 17:00.

All rights reserved.