Terms and Conditions

Terms and Conditions – Main Page
Disclaimer
Own reliance
You accept that your use of the Motus Select and Motusbid Websites (hereafter the “Website”) and use of and reliance on the 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 because of your use of the Motus Select 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 Motus Group Limited in law or under these Terms and Conditions, you will have no claim against and hereby indemnify Motus Group, its directors, employees, agents, representatives and/or Affiliated Companies against any loss or damages of whatever nature and howsoever arising which Motus Group or any third party may suffer or incur arising out of your use of the Website Data, the Services and/or the Motus Select Website, including without limitation:
• any breach by you of these Terms, including your use of the Motus Select Website for any purpose that is unlawful under South African law, international law, or the law of any jurisdiction applicable to you; and
• any action taken by Motus Group pursuant to your instructions or instructions that purport to emanate from you in the manner described above; and
• any loss of business, profits, opportunity and/or data; and
• any action taken or decision made by you in reliance on the Website Data.
Motus Group will not be liable to you, or any third party and you hereby waive whatever claims you may have against Motus Group, its directors, employees, agents, representatives or Affiliated Companies for any expense, loss, or damage of whatever nature that you may suffer or sustain because of or arising from:
• any errors, omissions or corruption of information including any errors that may occur because of changes in applicable legislation and/or any inaccuracy or error occurring in respect of any negotiations or discussions or contractual relationships arising from your visit to this website;
• any unavailability of the Motus Select 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 Motus Select 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 Motus Select 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;
• Any vehicle advertised on the Websites becomes unavailable at any time and for any reason whatsoever.
No warranties
While Motus Group makes every reasonable effort to ensure that this website is available 24/7 and that the Website Data and other information it makes available to you via the Motus Select website is accurate, reliable, complete, and up-to-date or, where applicable, is compiled from sources it believes to be reliable and accurate, complete, and up to date, the Motus Select website and all its content, together with the Services, are provided "as is".
Save as set out in these Terms, Motus Group makes no representations and provides no warranties or guarantees of whatever nature regarding the Motus Select Website, its availability, content and/or the Services. Motus Group 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 Motus Select website; or the availability of vehicles.
Motus Group relies on, when determining the year model of the vehicle, the date of first registration as shown on the Certificate of Registration in Respect of Motor Vehicle (Form RC1).
General Notice regarding the condition of pre-owned vehicles:
• Motus Group strives to make your purchase of a vehicle from it painless, but it cannot warrant that the vehicle is free of defect, or the condition description is completely accurate.
• You understand that a pre-owned vehicle may have some scratches/chips/dents from previous wear and tear/usage and Motus Group cannot promise that the vehicle will be in the same condition as a new vehicle.
• Every effort is made to ensure information loaded is accurate and updated regularly, however errors, technical and or other inaccuracies and typographical errors may occur from time to time. Vehicle pricing and extras may be subject to change without prior notification and exclude license, registration, documentation and / or delivery fees.
• No two vehicles are identical. This information therefore should be considered indicative rather than definitive. Motus cannot guarantee the availability of vehicle/s advertised due to the number of enquiries received.
Selling Pages and Quotes
If you elect to use the “Sell Your Car” function, you must agree to the Terms and Conditions of such function, which will be provided to you when you complete the forms under the relevant section.
No obligation unless in writing
Motus Group will not be bound by any allegations that a contract or legally binding arrangement has been entered into between you and it arises from communications resulting from the use of the Websites, support and/or any other form of communication. Motus Group reserves the right to insist upon written contracts as and when it deems appropriate within at its sole discretion. As such, any information contained on the websites cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.