MG MOTOR SOUTH AFRICA A DIVISION OF SAIC SOUTH AFRICA PROPRIETARY LIMITED

MG MOTOR WEBSITE TERMS AND CONDITIONS

Last update: 29 November 2024

1. 1.

   INTRODUCTION

   1. 1.1

      This website can be accessed at www.mgmotor.co.za ("Website") and is owned by SAIC South Africa Proprietary Limited also referred to as MG Motor ("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 and account on the Website.

   2. 1.2

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

   3. 1.3

      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.

   4. 1.4

      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.

   5. 1.5

      These Terms contain provisions that appear in similar text and style to this clause and which:

      1. 1.5.1

         may limit risk or liability;

      2. 1.5.2

         may create risk or liability for you;

      3. 1.5.3

         may compel you to provide an indemnity; and/or

      4. 1.5.4

         serves as an acknowledgement, by you, of a fact, and

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

   6. 1.6

      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.

   7. 1.7

      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. 2.

   DEFINITIONS

   1. 2.1

      For the purposes of these Terms:

      1. 2.1.1

         "Applicable Law" means any statute, law, ordinance, regulation, rule, code, directive, judgment, decree, treaty, or any other requirement or rule of any international, national, federal, state, provincial, or local government authority, agency, court, or other governmental body having jurisdiction, as may be in force from time to time, and that is applicable to the performance of the obligations under these Terms or the use of the Services;

      2. 2.1.2

         "Intellectual Property" means any know-how (not in the public domain), invention (whether patented or not), design, trade mark (whether or not registered), or copyright material (whether or not registered), processes, process methodology (whether patented or not), and all other identical or similar Intellectual Property as may exist anywhere in the world which is not in the public domain and any applications for registration of such Intellectual Property;

      3. 2.1.3

         "Intellectual Property Rights" means in relation to any Intellectual Property, all and any: (i) proprietary rights thereto; or (ii) any other right, title, authority or entitlement held by any party in respect thereof, whether under license or otherwise;

      4. 2.1.4

         "Login Details" mean the email address, password, and any other security information you provide to access the Website; and

      5. 2.1.5

         "Personal Information" means information relating to data subject, including, but not limited to:

         1. 2.1.5.1

            information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

         2. 2.1.5.2

            information relating to the education or the medical, financial, criminal or employment history of the person;

         3. 2.1.5.3

            any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

         4. 2.1.5.4

            the biometric information of the person;

         5. 2.1.5.5

            the personal opinions, views or preferences of the person;

         6. 2.1.5.6

            correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

         7. 2.1.5.7

            the views or opinions of another individual about the person; and

         8. 2.1.5.8

            the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

3. 3.

   CHANGES TO THE TERMS

   1. 3.1

      We reserve the right to modify, update, or change these Terms from time to time at our sole discretion.

   2. 3.2

      We will post the amended Terms on the Website, and the "Last Update" date at the top of these Terms will reflect the date of the latest changes. The changes will be effective as of that date.

   3. 3.3

      It is your responsibility to regularly review these Terms to stay informed of any changes. By continuing to access or use the Website after any changes are made, you agree to be bound by the revised Terms. If you do not agree with the changes, you must discontinue your use of the Website immediately.

4. 4.

   THE SERVICE PROVIDED BY MG Motor

   1. 4.1

      MG Motor is an automotive brand owned by SAIC Motor, a Chinese state-owned carmaker based in Shanghai. It is a continuation of the original MG marque, a British brand founded in Oxford, UK, in 1924. MG Motor manufactures, imports, exports, sells and services vehicles throughout the world in various markets including South Africa. ("the Service").

5. 5.

   YOUR ACCOUNT

   1. 5.1

      Registration Requirements

      1. 5.1.1

         To access the Service, you must register an account through the Website and provide accurate, current, and complete information as prompted by the registration form on the Website.

      2. 5.1.2

         To successfully register an account you will be required to provide your name, surname, email address, mobile number, and a secure password.

   2. 5.2

      Account Security

      1. 5.2.1

         You are responsible for maintaining the confidentiality of your Login Details and any activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

      2. 5.2.2

         Upon receiving your notification, we will use reasonable efforts to block access to your account. However, we do not guarantee that access will be blocked immediately. We will not be liable for any loss or damage resulting from unauthorised access occurring before or after we receive your notification. We will inform you if we detect any actual or suspected unauthorised access to your account, but we do not assume any responsibility for monitoring unauthorised access.

      3. 5.2.3

         To ensure security, you agree to take all necessary steps to prevent unauthorised access to your account including but not limited to:

         1. 5.2.3.1

            use a strong password and change it regularly;

         2. 5.2.3.2

            log out of your account at the end of each session; and

         3. 5.2.3.3

            implement security measures on your device to protect against unauthorised access.

      4. 5.2.4

         We may assume that all electronic communications which reasonably appear to originate from you or a person you have told us is authorised to act on your behalf are in fact from you and the form in which we receive the communication is the same as when it was first sent.

      5. 5.2.5

         Notwithstanding, the above, we will not be responsible for any losses or damages for:

         1. 5.2.5.1

            any corrupted files or viruses which affect your data, system, and/or device as a result of accessing the Website;

         2. 5.2.5.2

            theft or loss of data;

         3. 5.2.5.3

            unauthorised access or unauthorised use of your account, or system corruption of your device when using the Website; or

         4. 5.2.5.4

            any interceptions or security breaches that may occur while using the Website.

      6. 5.2.6

         MG Motor will not be liable for any loss or damage arising from your failure to comply with this section.

6. 6.

   PRIVACY AND DATA PROTECTION

   1. 6.1

      Your privacy is important to us. We are committed to safeguarding your Personal Information and will only use it as outlined in our Privacy Policy. By accessing and using the Website, you consent to the collection, processing, use, and sharing of your Personal Information in accordance with our Privacy Policy. For detailed information on how we handle your Personal Information, please review our Privacy Policy at www.mgmotor.co.za/privacy-policy.html.

   2. 6.2

      You are responsible for ensuring that all information you provide to us, including Personal Information, is accurate, current, and complete at all times. If any of your information changes, you must promptly update it. We rely on this information, so you must ensure that the information is not misleading or omits any important details.

   3. 6.3

      You warrant that you have the necessary authority to provide us with the Personal Information you submit.

   4. 6.4

      If you share any information about, or on behalf of, a third party with us, you confirm that:

      1. 6.4.1

         you are authorised to provide us with their personal information;

      2. 6.4.2

         you are authorised to consent on their behalf to the processing of their personal information in terms of this section and our Privacy Notice; and

      3. 6.4.3

         it will not breach that third party’s confidentiality, privacy or Intellectual Property Rights.

   5. 6.5

      If you mistakenly receive confidential information about us, another user or a third party, you must contact us immediately to inform us and you agree that you will not share that information with anyone or use for any other purposes that we have not agreed on.

7. 7.

   THIRTY PARTY SERVICE PROVIDERS

   1. 7.1

      To provide our Services, we may engage third-party service providers who offer various functionalities, data processing, or other related services. By using our Services, you acknowledge and agree that the terms, conditions, and policies of these third-party service providers will apply to you as if they were directly provided by us. These third-party terms, including but not limited to, their privacy policies, usage restrictions, and other obligations, will flow through and bind you to the extent necessary for you to receive the Services.

   2. 7.2

      While we take reasonable steps to ensure that any third party service provider we engage adheres to appropriate data security and privacy standards, we do not control these third parties and cannot guarantee the security of your data once shared with them. Accordingly, MG Motor will not be liable for any loss, damage, or unauthorised access to your data resulting from a breach or negligence by any third party.

8. 8.

   USER CONDUCT AND OBLIGATIONS

   1. 8.1

      You agree to use the Website responsibly and comply with all Applicable Laws when accessing and using the Website. You may not use or allow other users to use the Website:

      1. 8.1.1

         in any way that violates any Applicable Laws;

      2. 8.1.2

         for the purpose of, or resulting in any illegal, threatening, abusive, annoying or offensive activities, including:

         1. 8.1.2.1

            stalking, harassing, bullying, insulting, intimidating or humiliating any person;

         2. 8.1.2.2

            any activity that involves child sexual exploitation or abuse; or

         3. 8.1.2.3

            harming or attempting to harm any person in any way;

      3. 8.1.3

         to encourage the attempt, or commission of a criminal offence;

      4. 8.1.4

         to utilise any automated means (such as bots, spiders, or scrapers) to access or monitor the Website and collect content for any purpose without our express written permission;

      5. 8.1.5

         to transmit any harmful code, send or upload any material that contains viruses, malware, 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;

      6. 8.1.6

         to attempt to gain unauthorised access to any part of the Website;

      7. 8.1.7

         to modify, adapt, decipher, decompile, disassemble, create derivative works or reverse engineer any software or code related to the Website;

      8. 8.1.8

         to post or transmit any unlawful, defamatory, abusive, indecent, threatening, harmful, obscene, racially offensive, or pornographic material;

      9. 8.1.9

         to send, receive, upload, download, use or re-use any material which does not comply with these Terms;

      10. 8.1.10

          to disseminate any unsolicited or unauthorised advertising or promotional material, such as spam, chain letters, or pyramid schemes;

      11. 8.1.11

          to impose an unreasonable load on our system or interfere with the proper working of the Website;

      12. 8.1.12

          to infringe any third-party rights, or collect information about others without their consent;

      13. 8.1.13

          to bypass measures used to prevent or restrict access to the Website; or

      14. 8.1.14

          to access without authority, interfere with, damage or disrupt:

          1. 8.1.14.1

             any part of the Website;

          2. 8.1.14.2

             any equipment or network on which the Website is stored or hosted;

          3. 8.1.14.3

             any software used in the provision of the Website; or

          4. 8.1.14.4

             any equipment or network or software owned or used by any third party.

   2. 8.2

      We reserve the right to terminate or suspend your access to the Website at any time, without notice, for violating these Terms or for any other reason.

   3. 8.3

      Any claims that we have for breach of the Terms will not be affected by any termination or suspension of a user.

9. 9.

   DISCLAIMER

   1. 9.1

      The content on our Website is provided for general information only. You may not rely on information on this Website. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

   2. 9.2

      Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

   3. 9.3

      To the extent permitted by Applicable Law, we do not warrant, and we disclaim all liability for:

      1. 9.3.1

         the completeness, accuracy, availability, timeliness, security, or reliability of our Website (including any information or content made available via our Website );

      2. 9.3.2

         any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website;

      3. 9.3.3

         the deletion of, or the failure to store or transmit, any feedback maintained by our Website; and

      4. 9.3.4

         whether our Website meets your requirements or is available on an uninterrupted, secure, or error-free basis.

   4. 9.4

      In order to ensure the security and reliable operation of the Website for all users, MG Motor reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and systems.

   5. 9.5

      Third Party Content

      1. 9.5.1

         The Website may include, from time to time, links to third-party websites or services, and/or advertisements from third parties ("Third Party Content"), which we have not verified, and we cannot be held responsible for determining its accuracy and reasonableness.

      2. 9.5.2

         We do not control, endorse, or assume responsibility for any Third Party Content and your reliance or use of Third Party Content is at your own risk.

      3. 9.5.3

         You acknowledge that Third Party Content may contain representations, statements or information which does not represent the views, opinions or beliefs of MG Motor, or our associates, directors or employees.

10. 10.

    COMMUNICATIONS

    1. We may send alerts, notifications, and other communications to you via email, SMS, or other electronic means. You consent to receive communications from us in this manner. You can manage your communication preferences through the Website by opting out.

11. 11.

    INTELLECTUAL PROPERTY RIGHTS

    1. 11.1

       Ownership of Content

       1. 11.1.1

          All content and materials on this Website including but not limited to trademarks, service marks, logos, and copyrighted materials on the Website are protected by Intellectual Property Rights, and are owned or licensed by MG Motor. You may not reproduce, distribute, or create derivative works of any content without express written permission from MG Motor.

       2. 11.1.2

          You may only use the Intellectual Property for purposes of accessing and using the Website in line with these Terms. Nothing on our Website gives you a licence or permission to use the Intellectual Property for any other purpose.

       3. 11.1.3

          If we believe or suspect that you are unlawfully using the Website or infringing on any Intellectual Property Rights, we have the right to prohibit your access to the Website and pursue legal action against you.

    2. 11.2

       User-Generated Content

       1. 11.2.1

          We may process information that is collected, held, or produced as a result of your access or use of the Website. This information includes any ideas, suggestions, recommendations, and experiences. You agree to provide us with a non-exclusive, fully paid-up, irrevocable, perpetual, transferable and worldwide licence to use, access, collect, store, reproduce, modify, and distribute the information provided, including any third party material, for purposes determined by us in our reasonable discretion, which may include marketing, diagnostics, analysis, development and correction, and promotion.

       2. 11.2.2

          By submitting sting, or uploading any content (e.g., comments, reviews) to the Website ("User Content") to the Website, you grant MG Motor a non-exclusive, royalty-free, irrevocable, perpetual license to use, reproduce, create derivative works, distribute, and display such User Content.

       3. 11.2.3

          You represent and warrant that:

          1. 11.2.3.1

             you own or control all rights to your User Content; and

          2. 11.2.3.2

             your User Content does not violate any third-party rights, including Intellectual Property Rights.

       4. 11.2.4

          Further, to the fullest extent permitted under applicable law, you waive your moral rights in your User Content and agree not to assert such rights or any other Intellectual Property Rights or publicity rights against us, our sub-licensees, or our assignees.

12. 12.

    LIMITATION OF LIABILITY

    1. 12.1

       Your use of our Website is at your sole risk. Our Website is provided on an “as is” and “as available” basis. We disclaim all warranties and representations (express or implied, oral or written) with respect to our Website, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and condition of title.

    2. 12.2

       To the maximum extent permitted by law, MG Motor and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, reputational, or punitive damages arising from or related to your use of the Website, even if you advise us or we could reasonably foresee the possibility of any such damage. This includes, but is not limited to, loss of profits, data, goodwill, or any other intangible losses, even if we have been advised of the possibility of such damages.

    3. 12.3

       We will not be liable to you or any third party for any incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, arising out of or related to these Terms or our Website (including any information and content made available via our Website ), however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory), even if we have been advised of the possibility of such damages.

    4. 12.4

       MG Motor will not be liable for any loss or damage caused in whole or part by:

       1. 12.4.1

          your actions or omissions;

       2. 12.4.2

          your use of or reliance on the Service or any information provided through the Service.

       3. 12.4.3

          unauthorised access or use of your account or information;

       4. 12.4.4

          any errors or omissions in the Service or the information provided; and

       5. 12.4.5

          the termination of your use of the Service due to a breach of these Terms.

    5. 12.5

       We are not responsible for losses caused by unforeseeable things or circumstances outside our control, including a change in law, regulation, market conditions, political or economic circumstances, or where we act to comply with these Terms or any Applicable Law, or disruption to the Services.

13. 13.

    INDEMNIFICATION

    1. You agree to indemnify, defend, and hold harmless MG Motor, its affiliates, partners, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or any third-party claims related to your use of the Service and/or any losses suffered die to breach of Applicable Law.

14. 14.

    MODIFICATION OF SERVICES FOR LEGAL COMPLIANCE

    1. MG Motor reserves the right to immediately modify, suspend, or discontinue any part of the Services without prior notice to you if such action is necessary to comply with any Applicable Law, regulation, legal requirement, governmental request or in order to avoid third party Intellectual Property claim.. You acknowledge and agree that MG Motor shall not be liable for any loss or inconvenience caused by such modifications or discontinuation of the Services for compliance purposes.

15. 15.

    TERMINATION

    1. 15.1

       Termination by You

       1. 15.1.1

          You may terminate your use of the Service at any time by following the termination process on the Website.

       2. 15.1.2

          Upon termination, you will no longer have access to the Service, and all your rights under these Terms will immediately cease.

    2. 15.2

       Termination by MG Motor

       1. 15.2.1

          MG Motor may terminate or suspend your access either partly or fully to the Website at any time, with or without cause or notice, for any violation of these Terms or Applicable Laws. Upon termination, we may:

          1. 15.2.1.1

             close your account and deactivate your Login Details; and

          2. 15.2.1.2

             remove your information from our records, except where we are required by law to retain such information.

16. 16.

    BREACH OF TERMS

    1. 16.1

       Should either party ("the Defaulting Party") breach these Terms and fail to remedy the breach within fourteen days of receiving written notice from the other party ("the Aggrieved Party"), the Aggrieved Party may, without prejudice to its other rights in law, terminate the Service or claim specific performance of all of the Defaulting Party's obligations.

17. 17.

    NOTICES AND CONTACT INFORMATION

    1. 17.1

       You agree to accept any notice or legal process relating to these Terms at the email address provided during the registration process.

    2. 17.2

       For any notices or legal processes related to these Terms, please contact us at:
       Email: infosupport@mgmotor.co.za
       Physical Address: Block C - 2nd Floor - 93 Grayston S, 93 Grayston Drive – Morningside, Sandton, Gauteng, 2146.

18. 18.

    FORCE MAJEURE

    1. 18.1

       If events or circumstances beyond our reasonable control ("Force Majeure") prevent either of us ("Affected Party") from fulfilling any of our obligations, those obligations will be suspended to the extent that and for as long as the Affected Party is so prevented.

    2. 18.2

       MG Motor shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by events or conditions beyond our reasonable control.

19. 19.

    GENERAL PROVISIONS

    1. 19.1

       Governing laws: These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from or relating to these Terms shall be resolved in the courts of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms

    2. 19.2

       Entire Agreement: These Terms constitute the entire agreement between you and MG Motor regarding your use of the Website and supersede any prior agreements.

    3. 19.3

       Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

    4. 19.4

       Assignment: MG Motor may assign or transfer its rights and obligations under these Terms without your consent. You may not transfer any of your rights and obligations under these Terms, entirely or in part, without our prior written consent.

    5. 19.5

       Non-waiver: If we do not enforce any particular provision in these Terms or strict performance of any provision of these Terms, we are not waiving our right to do so later.

20. 20.

    YOUR QUERIES AND COMPLAINTS

    1. Please email any queries or complaints to our customer support team at customer_care@mgmotor.co.za.