Terms and Conditions
Terms and Conditions for CarFiX Platform users.
Please familiarise yourself with the Terms and Conditions applicable when using the CarFiX Platform and of service agreement between you the Customer and your Service Provider.
If you have a car that is out of its maintenance plan, or are just sick and tired of being ripped off by your dealer, then you’ve come to the right place.
Every person in South Africa now has a right to choose who can repair your vehicle. You have the “right to repair” your vehicle by the Service provider of your choice.
That myth has been shattered by the South African Competition Commission who have described the old practices by some manufacturer workshops to be anticompetitive and have now put the right to repair explicitly in your hands. Here is the link https://tinyurl.com/3yd9yuma
And we’re here to take your first steps towards claiming your rights, offering a fair and free platform usage service to you the Customer, allowing choice in the servicing and repair of your car.
We are Not a Subscription Service
The use of our Platform by you the Customer and Service Provider is entirely free and gratis. There are no monthly subscription fees or one-off registration fees or cancellation fee or any other hidden cost you can possibly think of.
Neither will you get spam emails or unsolicited calls from marketeers trying to sell you things. We do not derive our income by sharing or selling any of your personal information as we take the storage and protection of your information very, very seriously. We strictly adhere to the provisions of the Protection of Information Act 84 of 1982 and in any event, don’t earn our income from advertising.
So how do we stay above the breadline you may ask: It’s simple: we gain a small, fixed percentage flat fee of the Service Provider’s invoice value for servicing and/or repairing your vehicle. That means that we rely upon a great number of people and organisations to use our free service. So go ahead, spread the word and tell your buddies about our great free App.
We are Not an Auto Repair Service
CarFiX does not itself repair maintain or diagnose or inspect your vehicle. These are among the Auto Services provided by the vetted Service Providers that have, like you, registered on our Platform. Once you have requested a service or repair to your vehicle, we will put you in touch with Service Providers in your area who will each provide you with an independent, obligation free quote for a service or an estimate for repairs to your vehicle.
Status Of These Terms
- CarFiX™ is a Platform for linking Service Providers with Customers looking for Auto Services. CarFiX does not provide the Auto Services – it helps connect you the Customer and the Service Provider. The Customer chooses from Auto Services provided by the Service Provider of the Customer’s choice which the Service Provider accepts and makes your booking – not from CarFiX.
- These terms and the documents referenced in them create a legal agreement between you and CarFiX. Our details are towards the end of this document. Being non-binary, CarFiX uses the pronouns “we”, “us” or “our” in these T’s & C’s. That’s in relation to you and us when using our Platform (“Platform”). You agree that by accessing and/or using the Platform, you are agreeing to these terms. We’ve also gone a step further and done our best to bind you and the service provider, who also uses our Platform to register, to subscribe to fair practices.
- Your attention is drawn in particular to:
- the way that we limit our liability to you under clause 11, clauses 27 to 29 and clause 36 below;
- the fact that, because your chosen service provider, not us, provides the Auto Services, we are not responsible for any issues with the carrying out of the Auto Services (or any failure to carry them out). – see clause 9
- Diagnostic services to determine the cause of any problems with the vehicle.
- Repairs and/or maintenance services to correct the identified problems with the vehicle.
- Routine vehicle service to the manufacturer’s specifications.
- Any additional services as agreed to between you and the Service Provider.
- “App/s” means mobile application and web application where a mobile app denotes a software application that is designed to run on mobile devices such as smartphones and tablets and installed on the device's operating system. A web app is a software application that is accessed through a web browser over the internet, run within the browser and can be accessed on any device with an internet connection.
- “Auto Services” means any repair (including parts), maintenance, diagnostic and inspection services provided by a Service Provider under a Booking;
- “Booking” means a contract for the provision of Auto Services entered into between you and the Service Provider using our Platform;
- “Charges” means the charges payable in respect of parts and labour under a Booking
- “Customer” means you, the focus of the Platform and owner/user of your vehicle.
- “Platform” means the CarFiX digital infrastructure consisting of the customer mobile app and the service provider web app;
- “Registration/Register” means the process of creating a user account within the Platform’s mobile or web application which typically, involves providing certain information, such as an email address, username, and password, and agreeing to the terms and conditions of the App. Upon Registration users can log in to the App using their username and password and access any features or services that are available to them within the App;
- “Service Provider” means a provider of Auto Services, independent of CarFiX, which is Registered on our Platform;
- “Service Provider Listing” means a listing in the Platform setting out a description of the Service Provider and reviews provided in respect of the Service Provider by other users of the Platform;
- “Transaction” means a payment made by the Customer to the Service Provider through the Platform as a result of any quote accepted;
- “you” and “your” means you, any person who registers and/ or uses the Platform.
- one contract between you and us, under which we provide to you the means of browsing, requesting a quote (service) and/or estimate (repair) and checking that the service providers adhere to fair business practices when registering on the Platform. For this free use of our Platform you, on the other hand, agree to our T’s and C’s.
- a further contract between you and your choice of Service Provider in respect of the provision of their Auto Services to you at the price specified by them and agreed to by you at a fair market price, based on a range of factors including the Auto Services you require, your location, your car model, type and age, the availability of parts locally and nationally. Once you have been notified that a Service Provider has accepted and made your Booking at the Charges specified, a binding contract is created between you and the Service Provider for delivery of the Auto Services in exchange for payment of the Charges.
Warranty in respect of the Auto Services
Use of the Platform
Your conduct in relation to the Platform
Your breach of these terms
Limitation of Liability – Important – Please Read Carefully
- Any liability for death or personal injury resulting from the negligence of any Service Provider, and for losses or harm caused by fraud by any Service Provider;
- any losses in relation to your receiving or not receiving the Platform or any Auto Services;
- any losses arising due to a breach of our obligations or that of the Service Provider which arises due to circumstances outside our reasonable control;
- technical failures or the lack of availability of the Platform.
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