Terms and Conditions

NuCar.co.za is operated by New and Demo Ltd (“we, our or us”). We are registered in the Republic of South Africa under company number 9177108698 and have our registered office at Waterkloof Ridge, Pretoria, 0181.

By using our platforms, you confirm that you accept these terms of use and that you agree to comply with them.

You must not use our sites if you do not agree to the below terms of use. You are also responsible for ensuring that any users who uses our site/services via your network has full knowledge of the terms of use and that they apply them.

Other terms of use may apply which you can view under our Privacy Policy and Cookie Policy.

Our terms of use may be amended from time to time. It is the responsibility of the user of this site/service to ensure that they from time to time check these terms to ensure they are familiar with any updates to these terms.

We also reserve the right to make any changes to our platforms (may it be our website, mobile site or mobile app) at any time. Reasonable notice will be given of major changes.

We reserve the right to suspend or withdraw our sites, platforms and services at any stage. We may suspend, withdraw or restrict the availability of all or any part of our platforms and/or services for business or operational reasons. Reasonable notice of this will be provided however.

Your account details

If you choose to sign-up, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@nucar.co.za

Receiving of offers from dealers

We do not sell cars directly to the public. We are a service that connects buyers with relevant dealers based on the users vehicle search criteria and enquiry. If you purchase a car from a dealer that you have come in contact with on our platform, you enter into an agreement with the dealer and not NuCar. NuCar is not privey to the agreement, sale or leasing of the vehicle.

The dealer is also not committed to selling or leasing a vehicle to you based on the offer provided by that dealer. You as the buyer is also not commited to buying a car from any dealer that has sent you an offer via our service/platform. You will also not be guaranteed to receive any offers as your chosen vehicle may not be available.

NuCar is not obliged to step in an review offers sent to the user from a dealer. The user may ask NuCar to review an offer, and we will do so at our discretion.

NuCar and the dealer may also decide to remove or edit an offer at anytime, may it either be on the website or mobile app, or retract an offer made to a user.

Use of material

NuCar is the owner or the licensee of all intellectual property rights on our sites, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

Any breach of these terms of use will result in your rights to use our platforms immediately cease and you must, at our option, return or destroy any copies of the materials you have made.

Information on our platforms

Content provided is for general information only. It is not intended to amount to advice on which you should rely. Professional or specialist advice is needed before acting on, or refraining from, any action on the basis of the content on our sites.

Reasonable effort is made to update the information on our platforms but, please note that we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

Websites we link to

We have no control over the contents of third party sites that we are linked to. The link that we provide to these third party sites is not an approval on our part that we agree with information provided by them.

These links are provided for informational purposes only.

Our responsibility for loss or damage

Wether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

In particular to businesses, we exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • any indirect or consequential loss or damage
  • use of, or inability to use, our sites; or
  • use of or reliance on any content displayed on our sites.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation

In particular to users, please note that we only provide our sites for domestic and private use. You may not use our service or platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Viruses and bugs

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our services and platforms. Your own virus protection software is highly recommended.

You must not knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful to our platforms. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.

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 our sites will cease immediately.

Applicable laws

For both businesses and users, the laws of the Republic of South Africa will be applicable and both NuCar, businesses and users agree to these laws.

Trade marks

NuCar, NuCar.co.za and the NuCar logo are trade marks of New and Demo Ltd. You are not permitted to use them without our approval.

Advertising Terms and Conditions

Advertisements placed on our platforms will appear on the NuCar website, mobile interfaces and applications, depending on spaces requested and paid for.

Please note that NuCar has specific requirements for advertising spots requested. The advert details needed, available advertising spots and pricing will be outlined to you upon request made to advertise with us.

Before any advertisement is made live, we will endeavour to provide your advertisement to you for approval and sign-off. If you decide that you do not agree with the NuCar standard of look that we aim for with our advertisements then it is your prerogative to decline to advertise with us.

By placing an advertisement with us, you are deemed to have read and accepted these Conditions. These Conditions and the contract to which they form part shall be governed by South African law.


Non Transferable

You may not assign or transfer any or all of your rights and/or obligations arising from these Conditions without our prior written consent.


Multiple Advertisements

  • We are able to display numerous advertisements of the same brand/dealer/model/variant/sub-variant at any time but NOT on the same page on our platforms.
  • Each of our advertising spaces offered on our platforms are unique and there is only one advertising space on a page.
  • If you order a subsequent placement of the advertisement which is already advertised on our platforms, then the subsequent advertisement will replace the previous advertisement for that advertisement space booked.
  • The time period for the first advertisement will automatically expire when it is replaced by the subsequent advertisement.
  • We will not be liable to reimburse you, should the first advertisement not be displayed for duration of the period for which payment was made.

Payment

  • Bookings and queries for advertisements can be done by either emailing us on advertise@nucar.co.za or by contacting our sales team on 084 951 5032.
  • All advertisements must be fully paid for, prior to publication, at the advertising rates specified on the invoice at that time. We shall not be under any obligation to publish any advertisement that has not been paid for in advance.
  • An invoice will be supplied to the dedicated NuCar contact at your dealership. Payment can be made via EFT using the banking details on the supplied invoice.
  • Proof of payment of your advertisement space is required and can be emailed to advertise@nucar.co.za.
  • We shall have the right to change our advertising rates at any time. Such revised advertising rates shall apply to any advertisement placed in future with us, and not be applicable to any current advertisement published.

Processing Your Advertisement

  • Only one vehicle brand/model/variant may be featured in an advertisement.
  • We aim to process advertisements supplied online or to our sales team within 24 hours of receipt and placements of these advertisements on the our platforms the following working day.
  • As soon as an advertisement has been approved, a confirmation email will be sent to you confirming that the advertisement has gone live onto the Website.

Warranties

You warrant that;

  • all information and materials provided to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the South African Code of Advertising Practice as well as all current relevant legislation;
  • the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights; nor render New and Demo Ltd to any proceedings, and/or be detrimental to the reputation of New and Demo Ltd;

We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which:

  • You fail to comply or we suspect that you are not complying with the provisions set out above; and/or
  • any competent law enforcement or compliance authority instructs, advises or makes a recommendation or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.

Intellectual Property Rights

  • All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights [whether registered or not]) (“IPRs”) in any publication, copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.
  • Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us protect and enforce them. In respect of any materials other than that referred to in above, which you supply to us (“Materials”).
  • You grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.
  • You shall at all times indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party’s IPRs.

Our Rights and Obligations

  • We shall provide the service with reasonable care and skill in a professional and timely manner and the advertisement shall be designed in accordance with the agreed specification.
  • Where your advertisement is to appear on our platforms, you acknowledge and accept that it is technically impossible to guarantee that our platforms will be continuously available online or corruption free.
  • We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us as a result of an untrue statement or inaccurate information, photograph.
  • We reserve the right to refuse publication of an advertisement without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an advertisement at our sole discretion. Where possible, we will attempt to inform you of any such changes.
  • We may at any time vary the technical specifications of the our platforms (or any part thereof) for operational reasons.
  • We may at any time remove any or all of the material and/or statements appearing in the advertisement from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.
  • In the event that we do not accept an advertisement, we will, if possible, inform you accordingly. In the event that we reject the advertisement, no charge will be incurred by you. Further, no contract will be deemed to exist between you and us until such time as the advertisement has been accepted for posting on our platforms and payment is made.
  • From time to time we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.

Media Files and Photographs

  • Media files and/or photographs may be checked by us to ensure that the content meets the requirements as set out in these Conditions.
  • If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous, we reserve the right to remove it from our platforms.
  • Media files and photographs should only advertise one vehicle.

Amendments

  • Any amendments to your advertisement, can be done by emailing us at advertise@nucar.co.za or contacting us on 084 951 5032.

Cancellation and Refunds

All advertisements will be processed immediately and payments are non-refundable once the advertisement appears on our platforms. Please note that advertisements may take up to 24 hours to appear on our platforms.

Liability

  • We shall not be liable to you for any
    • consequential, indirect or special loss or damage;
    • loss of goodwill or reputation;
    • loss of business and/or opportunity;
    • loss of profits;
    • loss of revenue; and/or
    • economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwisearising out of or in connection with any total or partial failure to publish an advertisement on our platforms; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.
  • Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the advertising rates paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.
  • In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the advertisement, refund you or adjust the advertising rates. No refund, amendment or adjustment to the advertising rates will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by you.
  • We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).

Data Protection

  • By requesting to advertise, signing off on artwork and paying for advertising space you agree to advertise with us on our platforms. This means that the advertisement together with your telephone number and company details (where applicable) can be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
  • We warrant that we shall comply with the provisions of the Data Protection Act 1998 as may be amended from time to time in so far as our agreement with you relates to or involves the processing of Personal Data (as defined in the Act).
  • You acknowledge and agree that by placing an advertisement with us, we may collect certain Personal Data relating to you and/or your employees, and/or consultants and/or contractors (as applicable). This Personal Data may be used for a number of purposes as further detailed in our Privacy Policy. We advise that you familiarise yourself with such policy. Amongst others, this information may be used for fraud prevention purposes, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations.

General

  • These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.
  • If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
  • We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.
  • We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on our platforms shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.
  • The agreement which incorporates these Conditions shall be governed by and construed in accordance with South African Law and the parties irrevocably submit to the exclusive jurisdiction of the South African Courts.

Last updated: 25 June 2019