In these Terms, unless otherwise required or indicated by the context:
- “Triumph South Africa (Pty) Ltd” shall mean Triumph SA, a South African based private company with limited liability and registration number 2016/187833/07 and with its registered address at Corner South & Dartfield Roads, Eastgate X13, Johannesburg, South Africa.
- “Personal Information” means any information that may be used to identify a specific person (whether it is a natural or juristic person);
- “System Data” shall mean usage, transactional and device-related data that is collected automatically by Triumph SA
- “User” shall mean any person who accesses or uses the website;
- “User Data” shall mean any data or content entered or captured by a User by means of the website, including data needed by the website to allow the User to view any content or subscribe to any service;
- “Website” shall mean the Triumph SA website that is located at the domain name https://www.triumph-motorcycles.co.za/ and https://triumph-store.co.za/ where a User can visit and browse the Triumph SA website;
Triumph is a motor retail group that specialises in the sale of new and used motorcycles, as well as services relating to motorcycles. This Agreement regulates the use of the Triumph SA website, which is developed, owned and copy righted by Triumph South Africa (Pty) Ltd.
Triumph South Africa (Pty) Ltd upholds all COVID-19 related legislation and regulations. All visitors to the Triumph SA premises will need to comply with all COVID-19 legislation and regulations as well as the Triumph South Africa (Pty) Ltd policies and procedures in this regard.
For more information on COVID-19 preventative tips, symptoms as well as the latest news and statistics in South Africa, please visit the COVID-19 South African Resource Portal at https://sacoronavirus.co.za/.
Amendments to the Terms
Triumph South Africa (Pty) Ltd may change, modify, and add to or remove from portions, or the whole, of these Terms. Changes to these Terms will become effective when the changes are posted on the Triumph SA website. Triumph South Africa (Pty) Ltd will notify the User of these changes by posting a prominent notice on the Triumph SA website. The User’s continued use of the Triumph SA website following the posting of changes or updates, will be considered notice of the User’s acceptance of the updated terms in the Agreement, including any changes or updates.
Indemnity and Limitation of Liability
None of the content, including any information or articles published pertaining to specific aspects of the business of Triumph SA, must be construed as advice in respect of such aspect. Neither Triumph South Africa (Pty) Ltd, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.
Neither Triumph South Africa (Pty) Ltd, nor any holding company, affiliate, agent, subsidiary of Triumph SA or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the Triumph website or any functionality, or of any linked website to the extent permissible by law.
The User acknowledges and agrees that the Terms are entered into between the User and Triumph South Africa (Pty) Ltd, and does not govern the relationship between the User and any third party.
Complaints and Disputes
Users can file complaints by means of the “contact us” tab on the Triumph SA website. Currently, Triumph South Africa (Pty) Ltd does not subscribe to any alternative dispute resolution code or mechanism, and a User may approach the courts should the dispute or complaint not be resolved.
The User’s use of the Triumph SA website is dependent on factors beyond Triumph South Africa (Pty) Ltd’s control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity.
Triumph South Africa (Pty) Ltd is not liable for any loss or damages the User may suffer if a factor beyond Triumph SA’s control arises and you cannot access the Triumph SA website.
Triumph South Africa (Pty) Ltd, nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the Triumph SA website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.
Triumph South Africa (Pty) Ltd is not responsible for any loss or damage where:
- An unauthorised third party discovers and or utilises the User ‘s access codes;
- Any technical interruption, malfunction, downtime or other failure that affects the Triumph SA website, a third-party system or any part of any database for any reason;
- Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the Triumph SA website;
- Any event that Triumph South Africa (Pty) Ltd has no control over.
COPYRIGHT AND INTELLECTUAL PROPERTY
“Intellectual Property” shall mean with limitation, all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works including but not limited to; all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda, and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.
Content displayed on the Triumph SA website is provided by Triumph South Africa (Pty) Ltd, its affiliates or subsidiary, or any other third-party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third-party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
Triumph South Africa (Pty) Ltd may make any changes to the Triumph SA website, the Content, or to products or services offered through the website at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in the Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Certain content available on the Triumph SA website may include content that belongs to third parties. Triumph South Africa (Pty) Ltd may provide links to third-party websites, as a convenience to the User.
User agrees that Triumph South Africa (Pty) Ltd is not liable for any of the following:
- The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on the Triumph SA website;
- Any content featured on the third-party websites that are accessed through the links found on the Triumph SA website.
The User acknowledges that:
They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to Triumph South Africa (Pty) Ltd, and/or any third parties featured on the Triumph SA website;
- They will not use Triumph South Africa (Pty) Ltd, and/or any third-party Intellectual Property that is featured on the present Triumph SA website, present and/or future Intellectual Property in any manner whatsoever, or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country;
- They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to, or in any way impair or tend to impair Triumph South Africa (Pty) Ltd goodwill; and
- They will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to Triumph South Africa (Pty) Ltd’s present and/or future Intellectual Property in any country.
The User indemnifies Triumph South Africa (Pty) Ltd against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against Triumph South Africa (Pty) Ltd relating to the User ‘s unauthorised use of the Triumph SA website, the content thereon, and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.
Any breach of the terms under this clause entitles Triumph South Africa (Pty) Ltd, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to Triumph South Africa (Pty) Ltd.
Availability of the Service
Standard data costs will be charged when a User utilises Triumph SA’s website. These costs are charged by the User’s mobile network operator or internet service provider, and Triumph South Africa (Pty) Ltd will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a User’s data costs must be referred to their individual mobile network operator or internet service provider.
The Triumph SA website service may be interrupted for the one or more of following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Triumph South Africa (Pty) Ltd may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.
Events beyond the control of Triumph South Africa (Pty) Ltd may affect the services offered. Such events may include events of force majeure.
Triumph South Africa (Pty) Ltd may suspend or disconnect the User from using the Triumph SA website if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after Triumph South Africa (Pty) Ltd has requested them to do so. Triumph South Africa (Pty) Ltd may still take other steps available to them, including applying to a court for an urgent interdict against the User.
Feedback provided by the User to Triumph South Africa (Pty) Ltd about any aspect or feature of the Triumph SA website may be used by Triumph South Africa (Pty) Ltd without any obligation to the User.
The Triumph SA website is controlled, operated and administered by Triumph South Africa (Pty) Ltd, from its offices within the Republic of South Africa.
Any agreement or dispute will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng High Court in the event of any dispute.
If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.
These Terms & Conditions contains all the provisions agreed on by the Parties with regard to the use of the content and the Triumph website and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.
The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses.
Triumph South Africa (Pty) Ltd may terminate Triumph SA’s website any time, without notice.
Distribution and Communication by Email
Any email communication received from Triumph South Africa (Pty) Ltd is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify Triumph South Africa (Pty) Ltd directly, and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, Triumph South Africa (Pty) Ltd spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure Triumph South Africa (Pty) Ltd acknowledges receipt of the User’s instruction.