1.1 These terms and conditions (“conditions”) shall apply to and be binding on any party accepting these conditions, to all persons requesting quotations via www.mechanicbuddy.co.za, to all persons submitting any personal information on the website or using the website in any way whatsoever (“the customer”). (the reference to “website” in these conditions will include www.mechanicbuddy.co.za, any application forming part of Mechanicbuddy or any other digital media forming part of Mechanicbuddy, subject thereto that such application and/or other form of digital media is approved by Mechanicbuddy.
1.2 Any customer acting on behalf of a natural or legal person hereby concedes that he or she has the authority to act in such capacity and the natural or legal person so represented shall be bound by these conditions in the circumstances as contemplated in clause 1.1 above.
1.3 Mechanicbuddy confirms that it is in no way associated with any third party websites, whether a link is provided to such third party website or not. Mechanicbuddy will not be held liable for any damage suffered by a customer as a result of such third party website and Mechanicbuddy shall further not be liable for any fees charged by such third party website whatsoever.
2. GENERAL RESTRICTIONS ON USE
2.1 Mechanicbuddy hereby grants the customer permission to access and use the Website, subject to the following express conditions, and the customer agrees that the customers failure to adhere to any of these conditions shall constitute a breach of these conditions on the customers part:
2.1.1 the customer agrees not to distribute any part of or parts of the website, including but not limited to any content, in any medium without Mechanicbuddy's prior written authorisation, unless Mechanicbuddy makes available the means for such distribution through functionality offered by the website;
2.1.2 the customer agrees not to alter or modify any part of the website;
2.1.3 the customer agrees not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the content accessible via the website;
2.1.4 the customer agrees not to use the website for any of the following commercial uses unless the customer obtains Mechanicbuddy's prior written approval:
126.96.36.199 the sale of access to the website;
188.8.131.52 the sale of advertising, sponsorships or promotions placed on or within the website;
184.108.40.206 the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing content delivered via the website;
2.1.5 the customer agrees not to collect or harvest any personal data of any user of the Website (and agree that this shall be deemed to include Mechanicbuddy account names);
2.1.6 The customer agrees that the customer will comply with all of the other provisions of the conditions at all times;
2.2 Mechanicbuddy grants the operators of public search engines permission to use any computer programs (such as spiders) to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mechanicbuddy reserves the right to revoke these exceptions either generally or in specific cases.
3. OWNERSHIP OF THIS WEBSITE AND ITS CONTENT
3.1 The website is owned and operated by Thys Jamneck and Micholl Thom (“Mechanicbuddy”). All elements of the website, including but not limited to the images, text, databases, icons, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the "content"), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
3.2 The customer may download, view and print content from the website for private and non-commercial purposes. No portion or element of the website or the content contained thereon may be reproduced or transmitted via any means. The website, its content and all related rights shall remain the exclusive property of Mechanicbuddy.
3.3 Email addresses, names, telephone numbers and fax numbers appearing on the website may not be incorporated into any database or used for any marketing or other purposes whatsoever.
4. LIMITATION OF LIABILITY, DISCLAIMERS AND INDEMINITY
4.1 Mechanicbuddy hereby notifies the customer that clauses 4.2 to 4.9 are aimed at limiting the risk of Mechanicbuddy and/or constitutes an assumption of risk and/or liability by the customer and that the content of said clauses are drawn to the attention of the customer. It is, further, recorded that the customer had a reasonable opportunity to consider the applicable notification.
4.2 Mechanicbuddy shall not be liable under any circumstances whatsoever for any direct, indirect, incidental, or consequential damages whatsoever, whether foreseeable or unforeseeable, based on any claims or arising out of or in any way connected with the use of or inability to use the website, or the services or content provided on or through the website, whether based on contract, delict, strict liability or otherwise.
4.3 The website has not been developed to meet any customer’s individual requirements. It is therefore the customer’s sole responsibility to ensure that the website is compatible with the customer’s electronic hardware and/or software and Mechanicbuddy shall in no way be held liable for any loss and/or damage suffered by the customer whatsoever, as a result of incompatible hardware and/or software.
4.4 Mechanicbuddy obtains all information pertaining to mechanic and/or service providers quotations, information and all references directly from the mechanic and/or service providers and therefore Mechanicbuddy does not guarantee the correctness of such information. Mechanicbuddy shall not be held liable for any loss and/or damage suffered by the customer whatsoever, as a result of the incorrectness of any such information or content.
4.5 Mechanicbuddy is in no way associated with any of the mechanics and/or service providers on the website and merely provides an introductory mechanism between such mechanics and/or service providers and the customer, therefore Mechanicbuddy in no way guarantees the services of such mechanics and/or service providers and Mechanicbuddy will not be held liable for any loss and or damage whatsoever, caused to a customer as a result of the services provided by the mechanic and/or service provider.
4.6 The customer indemnifies Mechanicbuddy against any and all claims, liabilities, losses, cost, fines, damages, and expenses incurred (whether directly or indirectly), arising as a result of the fact that Mechanicbuddy has acted on the customer’s instructions or instructions which purport to emanate from the customer.
4.7 Mechanicbuddy shall not be responsible and the customer shall indemnify Mechanicbuddy against any damage and/or loss caused to a customer due to any calculation errors on quotations.
4.8 The customer shall indemnify Mechanicbuddy in the event of any loss and/or damage caused to the customer as a result of the events referred to in clause 4.2 materializes.
4.9 Mechanicbuddy shall not be responsible for and the customer shall indemnify Mechanicbuddy against all claims for the injury, death and/or financial harm suffered by any person and/or loss or damage to property whatsoever caused by the use of the services of the mechanic and/or service provider or the use of the website.
5.1 Quotations provided are as obtained from mechanics and/or service providers and Mechanicbuddy does not guarantee such quotations.
5.2 When the customer proceed to provide the customer’s vehicle to a mechanic and/or service provider, such mechanic and or service provider will inspect the customer’s vehicle and it may be possible that the quotation may be changed due to additional work required or for any other reason whatsoever and Mechanicbuddy will not be liable for any such change in quotation.
6. PERSONAL INFORMATION
6.1 The customer agrees that Mechanicbuddy may collect, record, organise, store, update, use and distribute (“process”) its personal information, in order to promote, optimise and ensure the best possible services to the customer (“processing purpose”).
6.2 The customer further agrees that, all personal information of the customer was given directly to Mechanicbuddy by the customer or the duly authorised representative of the customer, that the customer is aware of the identity of Mechanicbuddy as well as Mechanicbuddy’s physical address , that the supply of personal information to Mechanicbuddy is mandatory and in the event that such information is not supplied, Mechanicbuddy cannot provide services to the customer, that the customer is aware of and understands the processing purpose, that the records of the personal information of the customer, may be retained by Mechanicbuddy for storage purposes, even after the processing purpose has been met (“stored information”). The customer also agrees that such stored information may be processed in the event that the processing purpose is revived for any reason whatsoever.
6.3 The customer shall provide Mechanicbuddy with updated personal information in the event that any such information changes.
7. FORCE MAJEURE
7.1 Should Mechanicbuddy fail to comply with any of the provisions herein contained by reason of "force majeure" such failure shall not be regarded as a breach of such provisions of these conditions. For the purpose of these conditions, Force Majeure shall include but not be limited to events beyond Mechanicbuddy’s control, such as acts of God, floods, fire, industrial unrest, strikes, acts of war or sabotage, insurrection, riot or civil disorder, decree, law or regulation of any government or governmental agency which may materially impede or prevent Mechanicbuddy’s performance in terms of these conditions.
7.2 In the event of the occurrence of a Force Majeure as herein defined, Mechanicbuddy’s performance in terms of these conditions shall be suspended until the removal of such Force Majeure.
8. DOMICILIUM CITANDI ET EXECUTANDI
8.1 The Parties select the addresses as contemplated in clause 8.2 and 8.3 of these conditions as their respective domicilium citandi et executandi addresses.
8.2 Mechanicbuddy at 35 Yonder hill, 8 View Street, 0181, Rietvalleirand.
8.3 the customer, at the address submitted to Mechanicbuddy on the website or in any other manner whatsoever
9.1 These Conditions shall be governed by the laws of the Republic of South Africa.
9.2 In the event that any dispute and/or proceedings arise in connection with any matter related to these conditions, the parties consent to the jurisdiction of the Magistrates court.
9.3 No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any right arising from these conditions and no single or partial exercise of any right by any party shall under any circumstances be construed to be implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party’s rights in terms of or arising from these conditions or estop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereto.
9.4 All provisions of these conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these conditions which is or becomes unenforceable in any jurisdiction in which it applies or in which its enforcement is sought, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these conditions shall remain of full force and effect. The parties declare that it is their intention that these conditions would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
9.5 The customer hereby warrants that all the information and instruction provided by the customer is accurate, true and complete in all respects.
9.6 The customer may not cede or delegate any rights or obligations in terms of these conditions without the prior written consent of Mechanicbuddy.
10.1 Mechanicbuddy reserves its right to amend these conditions at any time and without prior notice to customers.
10.2 Any such amendments shall take effect immediately.
10.3 Mechanicbuddy will indicate the date of the latest update of the conditions on its website.
10.4 It shall be the customer’s responsibility to regularly review these conditions and Mechanicbuddy shall not be liable for any loss and/or damage suffered by the customer as a result of such amendments.