Terms and Conditions

(Last Updated: 15 April 2020)

Lichtenburg Toyota Online Services is brought to you by Lichtenburg Toyota through Toyota Financial Services (South Africa) Limited ("us", "we", "organisation"), an authorised Financial Services (FSP No. 7454) and Registered Credit Provider (NCRCP62).

These terms and conditions as amended from time to time ("the Terms") govern our respective rights and obligations when you use Lichtenburg Toyota Online Servicess and come into effect when you register for Lichtenburg Toyota Online Services.

By making use of Lichtenburg Toyota Online Services, you acknowledge that you have read, understood and agree to the most recent version of the Terms, and that you have read, understood and agree to our Privacy Policy and consent to our collection, processing, storage and sharing certain of your personal information within the organisation in the ordinary course of our business of providing the Lichtenburg Toyota Online Services to you.

No term or provision contained in these Terms is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 to any natural person who enters or intends entering into an electronic transaction with us on this website.

Product agreements

All products and services provided by us are subject to their own terms and conditions ("product agreements") such as your Instalment sale, Lease or Rental agreements terms and conditions, as well as account or facility terms and conditions ("other terms") and your use of those products and services will also be subject to those additional terms.

These Terms must be read together with and form part of each credit agreement. In the event of conflict between these Terms and the organisation's terms, the provisions of the organisation terms or other terms will prevail to the extent of the conflict.

Amendments to these Terms

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) these Terms at any time and from time to time, without prior notification to you. Any such amendments shall come into effect immediately and automatically. You undertake to review these Terms prior to using Lichtenburg Toyota Online Services for any such changes.

For convenience only, the date on which these Terms were last amended is shown below the main heading of these Terms.

Access codes

For security, identification and verification purposes, when using Lichtenburg Toyota Online Services, you will make use of a, One Time Pin ("OTP"), Personal Identification Number ("PIN"), account number, User Identification ("User ID") and Password. These are all called your "access codes".

You are responsible for maintaining the confidentiality and secrecy of your access codes. Only you may use your access codes. Do not keep your access codes together with other Toyota Financial Services Online Services documents.

If you call the Lichtenburg Toyota, we may, for the purposes of identification and verification, request certain information such as your account number or identity number. However, there will never be a reason for the Lichtenburg Toyota or any of our staff, to request or know your Password, User ID or PIN.

If you believe your access codes have been compromised, you must immediately contact the Lichtenburg Toyota on 018 632 4455 and request that they deactivate your access codes or you can reset your access codes on the website with your User ID and OTP. You must keep any reference number given to you by Lichtenburg Toyota helpline as verification of your notification to us of any such compromise.

Until you notify us to deactivate your access codes we will not be held responsible or liable for any transactions that are performed without your knowledge or consent and you hereby indemnify us from any loss and damages you suffer as a result.

Fraudulent activities

We are committed to ensuring the security of your use of Lichtenburg Toyota Online Services and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website.

Where you have been a victim of a fraudulent transaction on Lichtenburg Toyota Online Services, you must inform us as soon as you become aware that a suspicious transaction has occurred on your accounts. You must also open a case at your nearest South African Police Service office. You will be required to co-operate with us and the South African Police Service in any investigation conducted into losses that you suffered as a result of such Lichtenburg Toyota Online Services fraud. Only if you have complied with the safety measures described in our Security Centre, will we reimburse you after conclusion of the investigation for any actual losses suffered due to such Lichtenburg Toyota Online Services fraud. This is your sole remedy and the organisation's only obligation and liability, with respect to losses suffered as a result of such Lichtenburg Toyota Online Services fraud.

Registration to Online Services

Visit the homepage of the website, click on the "Register" button and proceed to register for Lichtenburg Toyota Online Services. You will not be able to transact until such time as your details have been validated by the organisation. For more information visit our website. 

Use of software and hardware

You should only use the most up-to-date Internet browser to access the website and our online services, provided that where we specify hardware or software requirements on the website, only such specified hardware of software may be used. See our site settings requirements for more information. Your failure to do this may result in a security risk to you and/or cause some or all of the functionality of the website or online service not to operate properly or at all.

Software, if any, made available for download on or via the website may be governed by licence conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these licence conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.

Fees

The use of Lichtenburg Toyota Online Services is free of charge.

Your instructions

Because we communicate through the Internet, you agree that we are entitled to assume that you have authorised all transactions once your access codes have been entered. This will not apply once we receive notification from you to disable access to your accounts as a result of your access codes having been misplaced or lost and you have a reference number as verification of such notification. Our records of your transactions will be proof of any instruction you have given us, unless you can prove the contrary.

You are responsible for giving correct information and instructions when registering for Lichtenburg Toyota Online Services and when conducting transactions on the website.

We provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction, before finally submitting any transaction. We will try to assist if you make a mistake when giving us an instruction, but we will not be responsible for any loss or damage caused by your error. We will also not be liable for payments made by you to unintended recipients due to the input of incorrect information, nor are we responsible for the verification of the identity of recipients. We cannot reverse or duplicate erroneous payments you make to other accounts without the specific consent of the account holder. We will not be liable for any act or omission on the part of any institution where such other account is held.

Unless otherwise stated in a product agreement, all transactions will be subject to the same turnaround times that apply to those transactions, accounts and customer profile, if any, if done at a Lichtenburg Toyota branch.

An instruction will only be deemed to have been received by us once we have confirmed receipt, or responded thereto, whichever is the earlier. If you are unsure as to whether a transaction has been processed you should contact us before you re-submit the instruction. Re-submitting an instruction may cause us to process the same transaction twice, for which we will not be liable.

Ending a session

You must log off the website once you have finished using Lichtenburg Toyota Online Services. If you do not do this, unauthorised transactions may result, for which we will not be liable.

Ending your use of Online Services

We may end your use of and access to Lichtenburg Toyota Online Services at any time, for any reason whatsoever, on notice to you. Instructions given to us prior to such termination will not be affected by such termination.

We will however, terminate your use of and access to and/or prohibit your future access to use of Lichtenburg Toyota Online Services immediately and without any notice to you if:

  • we determine in the exercise of our discretion that your behaviour was inappropriate, illegal or constitutes misconduct.

  • you breached these Terms.

  • a fraudulent transaction is conducted (or attempted) directly or indirectly by you.

In the event of us terminating your access to Lichtenburg Toyota Online Services, we will not be liable for any losses or damages, of any nature, suffered by you or a third party. Our rights in this regard are expressly reserved.

You may terminate your use of Lichtenburg Toyota Online Services by contacting  Lichtenburg Toyota on 018 632 4455 .

Application for products and services via this website

Any application submitted for products and services via this website does not constitute a guarantee of what is being applied for will be granted.

An auto-response to your application may not be construed as formal approval of your application. It is only once we expressly notify you of approval that you will have been approved for the particular product or service for which you applied.

Privacy

We respect your privacy and your personal information. For this reason, we have a Privacy Policy (the terms of which are incorporated into these Terms) to let you know how we will treat any personal information that we may collect, collate, process, disclose or store about you. We will take all reasonable measures, in accordance with our Privacy Policy, to protect your personal information and to keep it confidential, even when you are no longer our customer.

If you call our dealership you permit and hereby consent to us recording your calls for security reasons, and for the purposes of customer care.

Security

Information that is transmitted over the Internet or via other networks (wireless or otherwise) may be subject to interception. While we will take all reasonable precautions to ensure that Lichtenburg Toyota Online Services is secure, we shall not be liable for any loss or damage you suffer as a result of your use of Lichtenburg Toyota Online Services.

You acknowledge that you have read and understood the security tips in the Security Centre which we publish on the website and that you shall take the precautions mentioned therein. Please visit our Security Centre for more information.

Monitoring of communications

You expressly give your consent for us to monitor your internet and e-mail traffic on our website. You acknowledge that we monitor internet and e-mail traffic on the website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of these Terms and:

  • to maintain the integrity and security of our website and information technology systems;

  • to investigate and detect any unauthorised use of our website and information technology systems; and

  • as an inherent part of and to secure the effective operation of our website and information technology systems.

 

No warranties

To the fullest extent permissible by law, no warranties, whether express or implied, are made of any kind in respect of Lichtenburg Toyota Online Services including in respect of the performance, quality, security, content, information, availability, accuracy, safety or reliability of Toyota Financial Services Online Services.

Limitation of liability

Although we have taken reasonable care to prevent harm or loss to you, you agree that we and our affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) are not liable for any direct, indirect, special, incidental or consequential damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising as a result of your use of or inability to use Lichtenburg Toyota Online Services unless such loss or damage arises from our gross negligence or wilful intent.

 

You furthermore indemnify us against any damage, damages, liability, claims or demand by third parties or loss suffered by us arising from your use of Toyota Financial Services Online Services or your breach of these Terms.

Links to third party websites

For your convenience, this website may contain links to other websites belonging to or operated by third parties ("third party websites"). By making the hyperlinks available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We have no control over such third party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites. You agree that where you access third party websites, you do so entirely at your own risk.

Using content from our website

The content on Lichtenburg Toyota Online Services, including all registered and unregistered trade marks, constitutes our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any licence or right of use of any intellectual property.

You may not establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise ("linking") to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion. You may apply to establish such a link by submitting your request to ehaywood@ltxtoyota.co.za. In the event that you have not heard from us within 5 (five) working days, please consider your request as having been rejected.

Notices, confirmation and statements

You agree that our publishing a notice on our website or sending you a notice once you log into Lichtenburg Toyota Online Services, e-mail, SMS or post will constitute sufficient notice to you.

Should you fail to raise an objection with us within 5 (five) hours after we sent you a notice (including by SMS) confirming a transaction or the changing of any setting on your accounts, you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects.

Availability of Online Services

Lichtenburg Toyota Online Services may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks. For the duration of such unavailability you must use our other available channels. Please call 018 632 4455 .

Definition of Business Hours

Whenever a reference is made to hours, the following applies:

Business Hours (Weekdays): 08h00 - 16h00

Business Hours (Saturdays): 09h00 - 12h00

After Hours: All other times

Modification, suspension or termination of Online Services

We may discontinue providing Lichtenburg Toyota Online Services or any of the products or services offered via the website at any time at our sole discretion. We will however, notify you of this within a reasonable time of these changes being made.

Submitting a complaint to us

If you wish to lodge a complaint, please notify us in writing of this by completing our Feedback Form.

We will provide you with a reference number as soon as possible after we receive your Feedback Form.

We will respond to your complaint as soon as possible. If you do not hear from us within 5 (five) working days from sending your complaint we request that you contact us at 018 632 4455 to check whether your complaint has been received. Please quote your reference number when you contact us directly.

Disputes which cannot be resolved

If we cannot resolve your complaint within a reasonable time you are free to lodge a formal complaint at the office of the ombud for financial services on (012) 470 9080 or info@faisombud.co.za

Address for legal notices

All legal notices relating to products must be delivered as provided for in the product agreements. Where such address is not specified, such notices must be sent to our Registered Address (see Contact Page). We may send you legal notices to any of the addresses you have specified on any of your application/registration forms with us or at the address you actually work or live.

The law governing our relationship

We both agree that these Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa notwithstanding the fact that an instruction may have emanated from outside the Republic of South Africa. You agree that use of Lichtenburg Toyota Online Services outside South Africa will be at your own risk.

Capacity

In using the website and Lichtenburg Toyota Online Services you represent and warrant that you are of full legal age, are emancipated or have your guardian's consent and assistance and have the required legal capacity to enter into and be bound by these Terms or any other product agreement regarding your use of the website and Toyota Financial Services Online Services.

General

The headings appearing in these Terms are inserted for convenience only and will not be taken into account when interpreting these Terms.

Where dates and times need to be calculated in terms of these Terms, the international standard time (GMT) plus 2 (two) hours will be used.

The 'cooling-off' rights, as set out in section 44 of the Electronic Communications and Transactions Act 2002, do not apply to any financial services or transactions conducted by way of Lichtenburg Toyota Online Services.

The indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms, or failure or delay on our part to exercise any of our rights will not operate as an estoppel against us nor shall it constitute a waiver by us of such right. We shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.

A certificate issued by our website administrator will serve as proof of which version of these Terms as applied to your use of Lichtenburg Toyota Online Services at a specific date.

Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and severed from these Terms, without invalidating the remaining provisions of these Terms.

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