Terms of Use

1.1. “Kenings Rent To Buy”, “we”, “us” or “our” refers to Kenings Fleet Services (Pty) Ltd, registration number 2018 / 632075 / 07, trading as Kenings Rent To Buy, a company registered with the Companies and Intellectual Property Commission in South Africa.

1.2. These Terms and Conditions (“Terms”) govern your access to and use of our website https://keningsrenttobuy.co.za/ (the “Site”), and apply subject to all applicable laws and regulations of the Republic of South Africa. Please read these Terms carefully.

1.3. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms. If you do not agree to them, please do not visit or use the Site.

1.4. We reserve the right to revise these Terms at any time, so please review them for changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes. Updates will be evidenced by a more recent “Last updated” date at the top of this page.

1.5. These Terms govern your use of the Site only. They do not govern the rental of a vehicle from us. Any vehicle you rent from us is governed by the separate written rental agreement you sign with us, and where these Terms and that agreement conflict, the signed rental agreement prevails in respect of the rental.

2.1. We rent vehicles to our customers for a fixed term. We remain the owner of the vehicle for the whole of that term. In the final month of the term, you may choose to purchase the vehicle from us for a nominal purchase fee.

2.2. We are not a bank, financial services provider, credit provider or insurer. We do not lend money and we do not provide finance, credit, insurance, tax or financial advice. Nothing on the Site constitutes financial advice or an offer of credit, and you should not treat it as such.

2.3. Any figures, calculators, comparison tools, examples or illustrations on the Site are provided for general information only. They are estimates, they do not take your personal circumstances into account, and they do not constitute an offer or a quotation. The amounts that bind us and you are only those set out in a signed rental agreement.

3.1. We maintain the Site for your non-commercial personal use. Any other use is permitted only with our express prior written consent. Without limiting the foregoing, you may not:

• Use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content;
• Interfere with others’ use of the Site;
• Impair the Site’s operation or interfere with or disrupt the servers or networks connected to it;
• Interfere with our intellectual property rights;
• Frame or otherwise co-brand the Site or any of its content;
• Deep-link to any portion of the Site;
• Use any automated system, robot, scraper or similar tool to access, copy or monitor the Site or its content;
• Submit false, misleading or fraudulent information through the Site, or submit another person’s information without their authority; or
• Use the Site for any illegal purpose.

3.2. Clause 3.1 restricts your use of the Site itself. It does not restrict your use of a vehicle rented from us, which is governed by your signed rental agreement and may permit commercial use where that agreement expressly allows it.

3.3. We reserve the right, in our sole discretion, to block or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event we may inform your internet service provider of your activities and take appropriate legal action.

4.1. We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right to impose limits on certain features and services.

5.1. We take your privacy seriously. Any information submitted on, or collected through, the Site is subject to our Privacy Policy, which is available on this Site.

5.2. By submitting an application or enquiry through the Site, you consent to us carrying out the identity, fraud, credit bureau and other vetting checks described in our Privacy Policy.

6.1. An application, enquiry or reservation request made through the Site is not an agreement. It is a request, and it is subject to our acceptance, which is in our sole discretion.

6.2. All applications are subject to our vetting procedure and are at the sole discretion of the company. We may decline an application without giving reasons, except where the law requires us to give them.

6.3. A rental agreement comes into existence only once you and we have signed a written rental agreement at one of our branches or at another location we nominate. No agreement is concluded electronically through the Site.

6.4. Until a rental agreement is signed, either you or we may withdraw from a pending application or reservation, for any or no reason, in either party’s sole discretion, and without liability to the other.

6.5. You must provide accurate, current and complete information when applying. Providing false or misleading information may result in your application being declined, an existing agreement being cancelled, and the matter being reported to fraud-prevention agencies.

7.1. Pricing displayed on the Site is in South African Rand (ZAR).

7.2. Rental amounts, deposits, fees and the end-of-term purchase fee displayed on the Site are indicative and may change without notice. They are subject to vetting, vehicle availability and the terms of your signed rental agreement.

7.3. Vehicle images, specifications, colours and descriptions on the Site are illustrative. The vehicle allocated to you may differ, and we do not guarantee the availability of any particular vehicle, model, derivative or colour.

7.4. We use reasonable efforts to keep pricing and availability accurate, but errors occur. We are not bound by any pricing, specification or availability error on the Site, and we may correct it and decline or cancel any application made on the strength of it.

7.5. Where we reserve a vehicle for you, we reserve the right to hold that vehicle for a maximum of two hours from the reserved time.

8.1. You agree that any notice, agreement, disclosure or other communication we send you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing.

9.1. The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link does not imply our endorsement of it.

9.2. You may create links to this Site from other sites, but only in accordance with applicable laws.

10.1. All content on the Site, including text, graphics, logos, trade marks, images, layout, software and their selection and arrangement (“Content”), is owned by us or our licensors and is protected by South African and international intellectual property laws.

10.2. You may view, download and print Content from the Site for your own personal, non-commercial use only, provided you do not remove any copyright, trade mark or other proprietary notice.

10.3. You may not reproduce, modify, distribute, republish, sell or exploit any Content for commercial purposes without our express prior written consent.

10.4. Trade marks, logos and service marks displayed on the Site are our property or that of their respective owners. Nothing on the Site grants you any licence or right to use them. You may use third-party content only as expressly authorised by the applicable owner. We do not warrant that your use of materials displayed on, or linked to, the Site will not infringe the rights of third parties.

10.5. All requests for permission to reprint or otherwise use the Content should be addressed to our Information Officer, Aeysha Williams (telephone +27 (0) 87 095 8918, email aeysha@kenings.co.za).

11.1. If you believe that materials posted on the Site violate your intellectual property rights, please contact our Information Officer, Aeysha Williams (telephone +27 (0) 87 095 8918, email aeysha@kenings.co.za), with comprehensive details of your complaint. We reserve the right to request further information in relation to your complaint.

12.1. We do not wish to receive confidential or proprietary information from you through the Site, other than the information we specifically request from you as part of an application or enquiry, which is dealt with under our Privacy Policy. Any other material, information or communication you transmit or post to the Site will be treated as non-confidential and non-proprietary.

12.2. You agree that we are free to use any comments, information or ideas contained in any communication you send us, without compensation, acknowledgement or payment, for any purpose whatsoever, including developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

12.3. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any law.

13.1. While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access to and use of the Site are at your own risk.

13.2. The Site, its content and any product or service offered through it are provided “as is” and “as available”, without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

13.3. Nothing in these Terms excludes or limits any right you have under the Consumer Protection Act, 2008, or any other law, to the extent that right cannot lawfully be excluded or limited.

14.1. In no event shall we or our related companies, or any of their directors, officers, employees, suppliers or agents, be liable for any direct, indirect, incidental, special, consequential or punitive damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of or in connection with your access to, use of, or inability to use the Site, any information provided by the Site, any site linked to it, or any transaction entered into through the Site, whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.

14.2. If your use of the materials, information or services from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

15.1. You agree to indemnify and hold us and our related companies, and each of their respective directors, officers, employees and agents, harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising directly or indirectly, in whole or in part, out of your access to or use of the Site or your violation of any law or the rights of any person.

16.1. We make no representation that materials or services at the Site are appropriate or available for use outside South Africa, and access to them from territories where their contents are illegal is prohibited. If you access the Site from outside South Africa, you do so on your own initiative and are responsible for compliance with applicable local laws.

17.1. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any action to enforce these Terms may be brought in the courts having jurisdiction to hear such disputes. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site must be resolved individually.

18.1. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed consistently with applicable law and the remaining provisions shall continue in full force and effect.

18.2. Headings are for reference purposes only and do not define, limit or describe the scope of any section. Our failure to enforce any provision shall not constitute a waiver of that or any other provision. These Terms set forth the entire agreement between you and us in connection with your use of the Site.

18.3. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

19.1. If you have any questions about these Terms of Use, please contact us on +27 (0) 87 095 8918 or by email at aeysha@kenings.co.za.