FOR ALL BENTLEY & OTHER EXECUTIVE PRE-OWNED VEHICLES
 
 
 

Privacy policy

1. SUBMISSION OF CONTENT AND USE OF THE PORTAL

1.1 You agree to use the Portal for lawful purposes only. Without derogating the generality of the aforegoing, if you should choose to access or use this Portal from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.

1.2 You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Portal, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:

1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or

1.2.2 any content that constitutes an invasion of privacy; or

1.2.3 any content that is an infringement of any intellectual property right; or

1.2.4 any content that contains software viruses; or

1.2.5 any content that constitutes a political statement, commercial solicitation, or "Spam"

1.3 Although Pearl Automotive (Pty) Ltd does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Portal that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Pearl Automotive (Pty) Ltd may immediately terminate and/or suspend your access to all or parts of the Portal, without any further notice to you.

1.4 You warrant that:

1.4.1 you own or otherwise control all rights to the content that you may submit to the Portal;

1.4.2 that any use of such content will not cause injury or harm to any person or entity; and

1.4.3 you will indemnify Pearl Automotive (Pty) Ltd or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.

1.5 By submitting reviews, comments and/or any other content (other than your personal details) to Pearl Automotive (Pty) Ltd for posting on the Portal, you automatically grant Pearl Automotive (Pty) Ltd and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.

1.6 The following activity on or through the Portal is expressly prohibited:

1.6.1 Any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Portal, or the content contained therein, without the prior written authority of Pearl Automotive (Pty) Ltd; and

1.6.2 The collection or use of any listings, descriptions, or price lists from the Portal, for the benefit of a competing merchant that supplies products comparable to those offered on the Portal; and

1.6.3 Any use or action that imposes an unreasonable or disproportionately large load of traffic on the Portal, or otherwise interferes with its proper and timely functioning.

1.7 If applicable, you are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Portal, and you accept full liability for all activities that occur under your User Name.

1.8 The services offered on the Portal is only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.

1.9 You agree, in terms of Section 42(2)(d) of the Electronic Communications and Transaction (ECT) Act 25 of 2002 that the services begin with the your consent before the end of the seven day period referred to in Section 44(1) of the ECT Act.

2. THE USE OF THIRD PARTY CONTENT

2.1 Pearl Automotive (Pty) Ltd hosts information, pricing, opinions and other content supplied by third parties ("Third Party Content") on the Portal. Pearl Automotive (Pty) Ltd has no editorial control over such content.

2.2 The Vendor will be responsible for all information concerning its products and services which appears on the Pearl Automotive (Pty) Ltd Portal. Pearl Automotive (Pty) Ltd will not be liable for any incorrect information, including but not limited to the fee for the products and services.

2.3 Opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective User and not of Pearl Automotive (Pty) Ltd, its affiliates or any of their directors, officers, employees or agents. Pearl Automotive (Pty) Ltd, its affiliates, or any of their directors, officers, employees, agents, do not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as is.

2.4 It is your responsibility to evaluate Third Party Content available on and through the Portal. Pearl Automotive (Pty) Ltd and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Portal. Before making any decision or placing any reliance on Third Party Content provided on or through the Portal, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Portal

2.5 Pearl Automotive (Pty) Ltd does not review (nor is it under any obligation to do so) or control any third-party web Portals that link to or from the Portal. Pearl Automotive (Pty) Ltd is not responsible for the content of any Third Party Portal linked to or from the Portal.

3. PURCHASE OF GOODS BY MEANS OF THE PORTAL

3.1 The price and potential availability for each listing on the Portal, is listed on that particular item's page. Pearl Automotive (Pty) Ltd, who are the distributors of Bentley Approved vehicles in Southern Africa, cannot guarantee the listed price, listed specifications or the availability of every product and service on the Portal. Prices and specifications may change without prior notification. E&OE

3.2 Pearl Automotive (Pty) Ltd does not provide a warranty of any kind, whether expressly or implied as to the ware of the goods and services advertised, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to Pearl Automotive (Pty) Ltd.

3.3 You agree and acknowledge that Pearl Automotive (Pty) Ltd is a mere conduit and no relationship, other than that relationship that arises out of this agreement, arises between you and the Vendor of the goods and services.

3.4 In addition to the aforegoing, Pearl Automotive (Pty) Ltd will not be responsible for the accessibility of the Vendor's website, or the accessibility of information on the Vendor's website via the Pearl Automotive (Pty) Ltd Portal.

3.5 It is the responsibility of the Vendor to ensure that all orders for its products and services are executed expeditiously.

3.6 Pearl Automotive (Pty) Ltd will be responsible for all communications with you unless such communication relates to issues regarding products and services purchased from a Vendor. Should you communicate with Pearl Automotive (Pty) Ltd regarding a Vendor's lack of, or non-performance in accordance with its obligations to you, Pearl Automotive (Pty) Ltd reserves the right to investigate any such complaints and take appropriate action against the Vendor.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All content included on this web Portal, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software ("the Content"), is the property of Pearl Automotive (Pty) Ltd or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web Portal is the exclusive property of Pearl Automotive (Pty) Ltd and is protected by South Africa and international copyright laws.

4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Pearl Automotive (Pty) Ltd or the copyright owner.

4.3 You are expressly prohibited to "mirror" any content, contained on the Portal, on any other server unless with the prior written permission of Pearl Automotive (Pty) Ltd.

4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Portal so long as the link does not portray Pearl Automotive (Pty) Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pearl Automotive (Pty) Ltd logo or other proprietary graphic or trademark as part of the link without the express permission of Pearl Automotive (Pty) Ltd, its affiliates or content suppliers.

4.5 All trademarks are the exclusive property of Pearl Automotive (Pty) Ltd.

4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.

5. LIMITED LIABILITY

5.1 The information, content, services, products and materials published on the Portal, including without limitation, text, graphics and links are provided on an "as is" basis. Pearl Automotive (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the Portal or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Portal as Pearl Automotive (Pty) Ltd is a mere conduit for providing users and vendors with a means of reaching each other. Without limiting the generality of the aforegoing:

5.1.1 Pearl Automotive (Pty) Ltd does not warrant that the Portal, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and

5.1.2 Whilst Pearl Automotive (Pty) Ltd has taken reasonable measures to ensure the integrity of the Portal and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Portal are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

5.2 To the full extent permissible by applicable law, Pearl Automotive (Pty) Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pearl Automotive (Pty) Ltd will not be liable for any damages of any kind arising from the use of Pearl Automotive (Pty) Ltd Portal, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

6. PRIVACY

6.1 Pearl Automotive (Pty) Ltd respects privacy of its Users. Without limiting the aforegoing :

6.1.1 Pearl Automotive (Pty) Ltd is dedicated to maintain the privacy of its online visitors and users. On this Portal, Pearl Automotive (Pty) Ltd does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.

6.2.1 Any information collected is used solely by Pearl Automotive (Pty) Ltd and its business partners who are involved in the operation of this Portal for internal purposes. Pearl Automotive (Pty) Ltd's client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law. During your use of the website we may ask you to provide personal information. For information about how we use your personal information then please read our privacy policy.

7. JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this web Portal.

8. TERMINATION

8.1 Pearl Automotive (Pty) Ltd may terminate your account at any time for any reason, including any improper use of this Portal or your failure to comply with these terms and conditions.

8.2 Such termination shall not effect any right to relief to which Pearl Automotive (Pty) Ltd may be entitled.

8.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Pearl Automotive (Pty) Ltd.

9. OTHER PROVISIONS

9.1 In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

9.2 These Terms and Conditions, including any documents referenced herein, represents the entire agreement between you and Pearl Automotive (Pty) Ltd regarding your relationship with Pearl Automotive (Pty) Ltd and use of the Portal and supersedes any prior statements or representations.

9.3 Pearl Automotive (Pty) Ltd may at any time modify these Terms and Conditions and your continued use of this Portal will be conditioned upon the Terms and Conditions in force at the time of your use.

LEGAL NOTICE

Disclaimer

No warranties - While Pearl Automotive (Pty) Ltd makes every reasonable effort to ensure that the Website is available 24/7 and that the Website Data and other information we make available to you via the Pearl Automotive (Pty) Ltd Website is reliable, complete and up-to-date or, where applicable, is compiled from sources we believe to be reliable and accurate, complete and up-to-date, the Pearl Automotive (Pty) Ltd Website and all its content, together with the Services, are provided "as is". Save as set out in these Terms, Pearl Automotive (Pty) Ltd makes no representations and provides no warranties or guarantees of whatever nature regarding the Pearl Automotive (Pty) Ltd Website, its availability, content and/or the Services. In particular, Pearl Automotive (Pty) Ltd does not warrant or guarantee -

  • the accuracy, completeness, validity, timeliness or reliability of the Website Data or its fitness for use in any jurisdiction; or 
  • the error free use, secure use and/or availability of the Pearl Automotive (Pty) Ltd Website.

Own reliance - Your use of the Pearl Automotive (Pty) Ltd Website and your use of and reliance on Website Data or any part thereof is at your own risk. You remain solely responsible for your instructions, the use of your password, and the lawfulness and soundness of any decision you make or action you take as a result of your use of the Pearl Automotive (Pty) Ltd Website, the Services and the Website Data. You also remain responsible for ensuring adequate protection and back-up of data and for taking reasonable and appropriate precautions against viruses and other malicious programs.
Indemnity - Without prejudice to any of the rights of Pearl Automotive (Pty) Ltd at law or under these Terms, you will have no claim against and hereby indemnify  Pearl Automotive (Pty) Ltd, its directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which Pearl Automotive (Pty) Ltd or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the Pearl Automotive (Pty) Ltd Website, including without limitation:

  • any breach by you of these Terms, including your use of the Pearl Automotive (Pty) Ltd Website for any purpose that is unlawful under South African law, International law or the law of any jurisdiction applicable to you; 
  • any action taken by Pearl Automotive (Pty) Ltd pursuant to your instructions or instructions that purport to emanate from you in the manner described above; 
  • any loss of business, profits, opportunity and/or data; and 
  • any action taken or decision made by you in reliance on the Website Data.

Pearl Automotive (Pty) Ltd will not be liable to you or any third party and you hereby waive whatever claims you may have against  Pearl Automotive (Pty) Ltd, its directors, employees, agents, representatives or Affiliated Companies for any expense, loss or damage of whatever nature that you may suffer or sustain as a result of or arising from:

  • any errors, omissions or corruption of information including any errors that may occur as a result of changes in applicable legislation and/or any inaccuracy or error occurring in respect of your Offer or any Registration or Application Form; 
  • any unavailability of the Pearl Automotive (Pty) Ltd Website or Services for whatever reason, including the failure or delay by any third party service providers to render any service necessary to ensure the availability of the  Pearl Automotive (Pty) Ltd Website; 
  • any virus or any illicit or malicious computer system program that attaches itself to and infects, corrupts or destroys other programs or systems; 
  • any unauthorised access by third parties to the Pearl Automotive (Pty) Ltd Website or Website Data or the interception of communications between us; 
  • any failure, errors or delay in receiving or acting on your Instructions or stopping or cancelling any transaction; 
  • any failure, errors or delay in making available or transmitting Registration Confirmations or Contract Conclusion Confirmations to you.

You acknowledge and agree that Pearl Automotive (Pty) Ltd provides this Portal for free and the Value-Added Services at a nominal fee in reliance upon this Disclaimer and that the provisions of this Disclaimer are material to the agreement between us and will survive the termination of these Terms for whatever reason.