Your use of the Mercurius Motors 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 Mercurius Motors 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.
Without prejudice to any of the rights of Mercurius Motors at law or under these Terms, you will have no claim against and hereby indemnify Mercurius Motors, its directors, employees, agents, representatives or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which Mercurius Motors or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the Mercurius Motors Website, including without limitation:
- any breach by you of these Terms, including your use of the Mercurius Motors 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 Mercurius Motors 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.
Mercurius Motors will not be liable to you or any third party and you hereby waive whatever claims you may have against Mercurius Motors, 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 Mercurius Motors 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 Mercurius Motors 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 Mercurius Motors 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 Mercurius Motors 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.
While Mercurius Motors makes every reasonable effort to ensure that this website is available 24/7 and that the Website Data and other information we make available to you via the Mercurius Motors 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 Mercurius Motors website and all its content, together with the Services, are provided “as is”.
Save as set out in these Terms, Mercurius Motors makes no representations and provides no warranties or guarantees of whatever nature regarding the Mercurius Motors Website, its availability, content and/or the Services. In particular, Mercurius Motors 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 Mercurius Motors website.