The following provisions are drawn to the attention of the Dealer if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):

  • clause 5.3 of these Terms and Conditions contains a provision in terms whereof the Dealer indemnifies Motomatch, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by Motomatch, its members, employees, suppliers, partners, affiliates or agents in connection with a breach by the Dealer of such clause. The effect of this is that the Dealer could become liable to compensate Motomatch, its members, employees, suppliers, partners, affiliates or agents if any such party becomes liable pursuant to a breach by the Dealer of the provisions of this clause;
  • clause 8.2 of these Terms and Conditions contains a provision in terms whereof the Dealer indemnifies and holds Motomatch harmless from any direct or indirect losses, damages, liabilities, claims and expenses (including attorneys fees and expenses) related to the Dealer’s content uploaded onto the Website, breach of warranties contained in clause 8, and/or claims of infringement, or misappropriation, defamation, invasion of privacy, trespass, and/or the violation of any right of any third party, that if proven, would establish that the Dealer’s use of the Website if defective, injurious or harmful or the content uploaded by the Dealer violates the rights of any third parties or that the advertising, publicity or promotion of your products or services violates the rights of any third parties. The effect of this is that the Dealer could become liable to compensate Motomatch if it becomes liable pursuant to the provisions of this clause;
  • clause 8.3 of these Terms and Conditions contains a provision in terms whereof the Dealer indemnifies and holds Motomatch harmless from any losses, damages, liabilities, claims and expenses (including attorneys fees and expenses) related to any representation or warranty made by the you or any breach of any obligation, covenant or agreement by the you. The effect of this is that the Dealer could become liable to compensate Motomatch if it becomes liable pursuant to the provisions of this clause;
  • clause 8.4 of these Terms and Conditions contains a provision in terms whereof the Dealer agrees that you are responsible for the content sent to Motomatch, uploaded on the Website or sent to third parties via Motomatch. Motomatch is not responsible for the loss of any content that you Upload or send via the Website and it is your responsibility to make a reserve copy. The effect of this is that Motomatch is not responsible for loss of content;
  • clause 9.2 of these Terms and Conditions contains a provision in terms whereof, to the extent legally permitted, Motomatch accepts no liablity whatsoever for any loss, whether direct or indirect, special or consequential including, without limitation, for any loss of business, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or corruption of information or data or loss arising from information made available on (or by means of) the website (or any of the pages therein contained), or the use of the Website and/or transactions or actions resulting therefrom. The effect of this is that the Dealer may have limited or no recourse against Motomatch in the circumstances referred to therein;
  • clause 9.3 of these Terms and Conditions contains a provision in terms whereof, if Motomatch is found to be liable, our liability to the Dealer or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of the total fees you pay to us in the 6 months prior to the action giving rise to liability and R1000.00 (one thousand Rand). The effect of this is that the Dealer’s recourse against Motomatch in the circumstances referred to therein is limited;
  • clause 14 of these Terms and Conditions contains a provision in terms whereof Motomatch, its members, employees, suppliers, partners, affiliates and agents exclude liability for any error or inaccuracy appearing in any advertising or sponsorship material on this Website. The effect of this is that the Dealer may have limited or no recourse against Motomatch or members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
  • clause 18.3 of these Terms and Conditions contains a provision in terms where of Motomatch does not accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. The effect of this is that the Dealer may have limited or no recourse against Motomatch or members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
  • clause 18.4 of these Terms and Conditions contains a provision in terms whereof the Dealer indemnifies and holds harmless Motomatch, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the Dealer’s use of this Website, third party websites or any of the products and/or services offered or ordered through such sites in any way. The effect of this is that the Dealer could become liable to compensate Motomatch if it becomes liable pursuant to the provisions of this clause
  1. Introduction

    1. Motomatch is a digital platform which facilitates the connection between motor car dealers and individuals and/or other motor car dealers seeking to purchase a vehicle (new or used) or sell a vehicle (new or used). 
    2. When the User registers as a Dealer with Motomatch and visit or use the Website, the User will be deemed to have accepted and agreed to be bound by the terms and conditions set out below (as checked by the User on the Register as a Dealer Form) (“terms and conditions”) as well as the Motomatch privacy policy referred to on the Website. 
    3. Motomatch may at any time amend the Terms and Conditions. Any changes to the terms set out herein will be posted on this page and, where appropriate, may be notified to the Dealer by email. The Dealer’s continued use of the Website following the posting of changes will mean that the changes are accepted and agreed to. As long as you comply with the terms and conditions, Motomatch grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.
    4. All rights in and to the content of the Website remain at all times expressly reserved by Motomatch.
  2. Definitions and Interpretation

    1. Consumer’s Information” means information submitted online by the Consumer regarding the vehicle which the Consumer is looking to sell as well as the vehicle that the Consumer is looking to purchase;
    2. Consumer” means any person (or other Dealer) using the Website for the purposes of selling their Vehicle and/or or purchasing a new or used vehicle;
    3. ECT” means Electronic Communications and Transactions Act 25 Of 2002;
    4. "the Website" means the Motomatch website, including any part or element thereof located at: www.motomatch.co.za;
    5. Motomatch" means Motomatch SA Proprietary Limited (registration number: 2017/517902/07), with registered address : Merchant House, 19 Dock Road, V and A Waterfront, Western Cape, 8001;
    6. Dealer" means the entity described in the Register as a Dealer Form, who has completed the registration process and has been approved by Motomatch to use the website as contemplated in clause 5 below;
      1. Contract Dealer”: A Dealer or group of Dealers that enters into a long term (greater than 30 days) subscription contract with Motomatch;
      2. Prepaid Dealer”: Any Dealer or group of dealers that enters into a subscription contract with Motomatch for a period of 30 days at any given time. Prepaid Dealers will subscribe to the Motomatch service via the online payment gateway within the website;
    7. Dealer Dashboard" means a User interface or web page that gives a summary of key information relating to the Dealer’s account;
    8. Dealer’s Filter" means those vehicles falling within the parameters selected by the Dealer and saved on the Dealer’s Dashboard;
    9. Dealer’s Email Address" means the email address provided by the Dealer to Motomatch on the Dealer Registration Form;
    10. Dealer Registration Form" means the Dealer Registration Form completed or to be completed by the Dealer during the registration process. In the event of any conflict between these terms and conditions and the Dealer Registration Form, the provisions contained in the Dealer Registration Form shall prevail;
    11. Prime Rate" means the publicly quoted basic rate of interest per annum from time to time (as certified by any officer of the Motomatch's bankers, whose appointment and authority it shall not be necessary to prove and which certification shall be final and binding on the parties) at which the said bankers lend money in South African Rand on unsecured overdraft to first class corporate borrowers in general on the basis of such interest being compounded monthly in arrear and calculated on a 365 (three hundred and sixty five) day year factor, irrespective of whether or not the year is a leap year;
    12. Registered User Activities" means the
      1. access to the Consumer’s Information;
      2. opportunity to submit offers to purchase Consumer’s vehicles and sell vehicles to Consumers on the Website;
      3. opportunity to connect with other Dealers;
    13. "User” and/or “You" means any person who enters or uses the Website, notwithstanding the fact that such a person only visits the home page of the Website, including but not limited to the Dealer;
    14. Welcome Mail” the email sent from Motomatch to the Dealer’s Email Address confirming that the Dealer’s account has been successfully created and is active;
    15. References herein to the singular includes the plural and vice versa; and
    16. Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT . The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions
  3. Sale of Vehicles

    1. Motomatch is a digital platform that acts solely as a facilitator in relation to:
      1. the sale of Sale Vehicles (as defined in terms of clause 4.1 below) by Consumers to Dealers; and/or
      2. the purchase of Desired Vehicles (as defined in terms of clause 4.1 below) by Consumers from Dealers. 
    2. Motomatch has no authority to bind any Dealer, nor does it purport to do so. 
    3. The terms and conditions which will apply to any sale of a vehicle by the Consumer to any of the Dealers and/or the purchase of a vehicle by the Consumer from any of the Dealers will be the terms and conditions set out in the written document relating to such sale or purchase, as the case may be, as agreed between the Consumer and the relevant Dealer at the time of sale and/or purchase.
    4. Motomatch is not involved in the actual transaction between the Consumer and the Dealers. 
  4. Consumers

    1. Consumers seeking to sell their vehicle and/or purchase a new or used vehicle on the Website will submit online all relevant information (“Consumer Upload”) pertaining to the vehicle which it wishes to sell (“Sale Vehicle”) and/or the new or used vehicle it wishes to purchase (“Desired Vehicle”). 
    2. Motomatch will send the Dealer notification of any new Consumer leads uploaded or consumer notifications, which fall within the Dealer’s Preferences to the Dealer’s Account. Motomatch will provide the Dealers with access to all relevant information submitted by the Consumer. This information is provided to the Dealer, with the intention for the Dealer to submit an offer on the Sale Vehicle and/or the Desired Vehicle, as the case may be to the relevant Consumer for consideration. Any offer submitted by the Dealer in relation to the Sale Vehicle and/or Desired Vehicle (“the Offer”), as the case may be, shall be subject to a physical inspection of the Sale Vehicle by the Dealer or of the Desired Vehicle by the Consumer, as the case may be.
    3. Following receipt of the Offer by the Consumer, the Consumer shall be given the option to connect with any of the Dealer/s who submitted an offer or listed a vehicle in relation to the Sale Vehicle and/or the Desired Vehicle by either requesting a call back from such Dealer or contacting the Dealer directly using the online messaging system (“Option”).
    4. The Consumer must exercise the Option within the offer period stated in the Offer, failing which the Offer will expire. Once the Consumer has exercised its Option and notified the Dealer thereof, the Consumer and Dealer are able to proceed with the transaction.
  5. Registration process and password security

    1. Only persons aged 18 (Eighteen) years or older may register on, access and/or utilize, this Website. 
    2. Before a Dealer can engage in any of the Registered User Activities, they are required to complete the Dealer Registration Form and go through the full registration process – which process is completed once Motomatch has sent the “Welcome Mail” to the Dealer’s Email Address confirming that the Dealer’s account has been successfully created and is active.
    3. Dealers are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date. The Dealer warrants and undertakes that the information supplied during the registration process is true, accurate and correct and, to the extent that Motomatch, its members, employees, suppliers, partners, affiliates and/or agents rely upon the warranty and undertaking contained herein, the Dealer indemnifies Motomatch, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by any such party in connection with a breach thereof.
    4. Dealers are solely responsible for the creation and safekeeping of their User name (if any) and password and will be responsible for all offers or other activities placed or performed while a Dealer is logged into the Website under that User name and password.
    5. Any auto-login functionality provided by the Website browser utilized by any Dealer is used at the sole risk of the Dealer and should not be enabled on any shared computers.
    6. Motomatch reserves the right to request that a Dealer change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.
  6. Duration

    1. The Dealer’s subscription with Motomatch shall commence upon successful receipt of payment by Motomatch.
    2. The Contract Dealer’s subscription shall endure for a period of 30(Thirty) days, renewing automatically for further periods of one calendar month each unless terminated at any time by either party giving the other party not less than 30 (Thirty) days written notice to such effect.
    3. The Prepaid Dealers subscription shall endure for a period of 30(Thirty) days only, thereafter the Prepaid Dealer whom paid by credit card will be automatically debited at the expiry of the initial term for a further 30(Thirty) days. This cycle will continue until such time as the Dealer cancels their subscription. The Prepaid Dealer, who paid via EFT(Electronic Funds Transfer) may opt in to renew their subscription every 30(Thirty) days by following the prompts on the website and paying through the online payment gateway, which sole function is to facilitate payments between Dealers and Motomatch via either credit card or EFT. This gateway is supplied together with approved Motomatch third parties within the Motomatch website.
    4. Please note that once the subscription has been cancelled, all benefits accruing to the Dealer in terms of its membership shall also be cancelled. 
    5. If section 44 of the ECT Act applies to Your subscription, then the Dealer shall be entitled to cancel its subscription contract within 7 (Seven) days after receipt of the Welcome E-mail.
  7. Consideration

    1. Contract Dealers: The Contract Dealer shall pay Motomatch a monthly fee (“Package Amount”) of such amount and in accordance with the terms set out in the binding contract between Motomatch and the Contract Dealer.
    2. Prepaid Dealers: The Prepaid Dealer shall pay Motomatch a monthly fee (“Package Amount”) of such amount and in accordance with the terms set out on the website.
    3. Contract Dealers: The first Package Amount payable by the Dealer shall be paid to Motomatch on the billing start date referred to in the binding contract. Thereafter, Motomatch will furnish the Dealer with an invoice on the 25th day of each month, until the membership is terminated in accordance with clause 6 above. All amounts payable by the Dealer to Motomatch arising out of or pursuant to the provisions of this Agreement, shall be paid in full, without deduction or set-off, by no later than the 1st day of the month following the receipt of invoice by such payment mechanism as may be indicated in the Motomatch invoice.
    4. Prepaid Dealers: The first Package Amount payable by the Dealer shall be paid to Motomatch in accordance with the terms set out on the website.
    5. Motomatch shall be entitled to increase the Package Amount from time to time. Details of such increases will be notified to the Dealer in advance.
    6. It is recorded that all amounts payable by the Dealer to Motomatch in terms of these terms and conditions excludes value added tax ("VAT"). In the circumstances, the Dealer shall be liable for the payment of any VAT levied in terms of the Value-Added Tax Act No 89 of 1991 (or any such statutory modification or re-enactment thereof) in respect of all amounts payable by the Dealer to Motomatch in terms of this Agreement. The Dealer shall affect payment of such VAT simultaneously with the payment of any monies payable by the Dealer to Motomatch in terms hereof.
    7. In the event that any amount due in terms of this Agreement is not paid on due date, then such amount shall bear interest at the Prime Rate calculated from the due date of payment to the actual date of payment thereof.
    8. In the event that any amount due in terms of this Agreement is not received before due date, Motomatch will automatically suspend the Account of the Dealer/Dealer Group until such monies are received and the Account is settled in full. Once monies are received in full by Motomatch, the Dealers account will be re-activated.
  8. Representations, Warranties and Indemnification

    1. The Dealer represent and warrant to Motomatch that no content uploaded by the Dealer onto the Website contains any virus, worm or other malicious code, Trojan-horse routine, trap door, time bomb, or any other code or instruction that is or is intended to be used to access, modify, delete, damage, or disable the functionality of Motomatch's, any publisher's, or any User's computer systems or data. No content uploaded by the Dealer onto the Website will include any material that is fraudulent, deceptive, threatening, abusive, harassing, and defamatory, invades privacy, infringes on any intellectual property rights, obscene, profane, racially or ethnically objectionable, or in violation of applicable law.
    2. Further to the above warranties and representations, the Dealer hereby agrees that the Dealer will defend, indemnify and hold harmless Motomatch and its officers, directors, shareholders, employees and agents (collectively, the "Motomatch Indemnitees") from and against any and all losses, damages, liabilities, claims, and expenses (including attorneys' fees and expenses) which any (direct and indirect) Motomatch Indemnitees incur as a result of any investigation, demand, claim, defense or action of any third party against such Motomatch Indemnitees: 
      1. arising out of or relating to:
        1. any content uploaded by the Dealer onto the Website; and/or
        2. a breach of the warranties provided by the Dealer under this clause 8; and/or
        3. claims of infringement or misappropriation, defamation, invasion of privacy, trespass, and/or the violation of any right of any third party (for 8.2.2.1 and 8.2.1.2 above); or
      2. that, if proven, would establish that
        1. the Dealer’s use of the Website is defective, injurious, or harmful (including any claim for bodily injury or death), or
        2. the content uploaded by the Dealer onto the Website violates the rights of any third parties or that the advertising, publicity or promotion of your products or services violates the rights of any third parties.
    3. The Dealer further agrees to defend, indemnify and hold harmless Motomatch and its directors, officers, agents and employees (the "Indemnified Persons"), from and against any losses, damages, liabilities, claims, and expenses (including attorneys' fees and expenses) which such Indemnified Person incurs as a result of any investigation, demand, claim or action of any third party against such Indemnified Person, which, if proven, would establish:
      1. the breach of any representation or warranty made by the Member Dealer; or
      2. the breach of any obligation, covenant or agreement by the Member Dealer hereunder.
    4. The Dealer agrees that it is responsible for any content that the Dealer sends to Motomatch, uploads onto the Website or sends to third parties via Motomatch. Motomatch is not responsible for the loss of any content that the Dealer uploads to or sends via the Website and it is the Dealer’s own responsibility to make a reserve copy thereof.
  9. Disclaimer

    1. This entire Website, including any intellectual property appearing hereon, is provided "as is" and "as available". Motomatch makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
    2. Motomatch accepts no liability whatsoever for any loss, whether direct or indirect, special or consequential including, without limitation, for any loss of business, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or corruption of information or data or loss arising from information made available on (or by means of) the Website (or any of the pages therein contained), or the use of the Website and/or transactions or actions resulting therefrom. Accordingly, any use of the information made available by means of the website is entirely at the Dealer’s own risk and it is the Dealer’s sole responsibility to evaluate the currency, accuracy, completeness and usefulness of all such information prior to relying on the same.
    3. Despite the previous paragraph, if Motomatch are found to be liable, our liability to the Dealer or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of:
      1. the total fees the Dealer pays to us in the 6 months prior to the action giving rise to liability; and
      2. R1 000.00 (one thousand Rand).
    4. Motomatch does not endorse the views, opinions and recommendations included in any website linked to the Website.
  10. Information furnished by the Dealer

    1. In these terms and conditions, “User Content” means material (including but not limited to text, images, audio material, video material and audio-visual material) that the Dealer submits to the Website, for whatever purpose.
    2. The Dealer grants to Motomatch a worldwide, irrevocable, non-exclusive, license to use, reproduce, adapt, publish, translate and distribute User Content in any existing or future media. Motomatch reserves the right to edit or remove any material submitted to the Website, or stored on Motomatch’s servers, or hosted or published on the Website. Notwithstanding Motomatch’s rights under these terms and conditions in relation to User Content, Motomatch does not undertake to monitor the submissions of such content on the Website.
  11. Intellectual Property

    1. All trademarks, copyright, database rights and other intellectual property rights in the materials on the Website (as well as the organisation and layout of the Website) together with the underlying software code (“the Intellectual Property”) are licensed or owned (or co-owned, as the case may be) by Motomatch, its directors, shareholders, principals, associates, partners, suppliers and/or persons who are related or inter-related persons (as contemplated in section 2 of the Companies Act 71 of 2008 (as amended) to Motomatch, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the Dealer herein, all other rights to all Intellectual Property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any Intellectual Property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Motomatch first being had and obtained, which consent may be refused at the discretion of Motomatch. Permission to use the Intellectual Property and/or editorial content of and/or graphics on the Website may be granted on a case by case basis and/or in regard to Motomatch corporate policies from time to time. No modification of any Intellectual Property or editorial content or graphics is permitted.
    2. Motomatch grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in the Website on any machine of which the Dealer is the primary User for non-commercial purposes only. Save as aforesaid, nothing contained on the Website should be construed as granting any licence or right to use any Intellectual Property without the prior written permission of Motomatch first being had and obtained. 
    3. The Dealer may only use the Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa or other jurisdiction from which you are accessing the Website.
    4. Motomatch reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice; provided that any Offers already placed through this Website will not be affected by such suspension or termination (as the case may be).
  12. Receipt and transmission of data messages

    1. Data messages, including e-mail messages, sent by Users to Motomatch shall be deemed to be received only when acknowledged or responded to.
    2. Data messages sent by Motomatch to Users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    3. Motomatch reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
    4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Motomatch is therefore not responsible for accuracy of any message sent by email over the internet – whether from Motomatch to the Dealer or from the Dealer to Motomatch.
  13. Use and Abuse of website

    1. The Dealer may not use the website in any manner that could damage, disable, overburden, or impair any Motomatch server, or the network(s) connected to any Motomatch server, or interfere with any other party's use of the website.
    2. The Dealer may not attempt to gain unauthorised access to any products, services, other accounts, computer systems or networks connected to any Motomatch server or to any of the products or services through hacking, password mining or any other means.
    3. The Dealer is expressly prohibited from posting on or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under any law.
    4. The Dealer may not use the website in any manner for the purposes of conducting any business that is in competition with the business of Motomatch.
    5. The User is not permitted to:
      1. use the website in any unlawful, fraudulent or abusive manner;
      2. use the website in a manner which may violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
      3. use any automated software, program, process, robot, web crawler, data mining, scraping or similar program or system;
      4. use the Website to build or amend any databases;
      5. reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
      6. republish material from the Website (including republication on another website);
      7. quote any content or valuation on the Website;
      8. use the name of Motomatch or the website in any representation.
    6. Without limiting the rights and remedies of Motomatch, Motomatch may deny the Dealer access to all or part of the Website without notice if the Dealer engages in any conduct or activities that Motomatch believes in its sole and absolute discretion are contrary to the import and intent of this restriction.
    7. Motomatch does not warrant or guarantee the security of the Website or that of any stored visitor data or that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Website remains solely at your own risk.
    8. Motomatch does not guarantee the availability of the Website.
  14. Advertising and sponsorship

    1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA. To the maximum extent permitted in law, Motomatch excludes any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  15. Help desk

    1. Motomatch shall make a facility available for the Dealer to report faults, problems, queries and request information (“the Help Desk”) by emailing [email protected] or calling on (021)180 4949. 
    2. The Help Desk shall be operational for general support during business hours, Monday – Friday from 08h00 to 17h00. 
  16. Credit Information

    1. The Dealer hereby authorises Motomatch to receive, share and exchange credit information concerning the Dealer with any credit bureau or any other person or corporation with whom the Dealer has or may have financial dealings including, where applicable, information requested pursuant to, or in any circumstances contemplated in, the Promotion of Access to Information Act of 2000.
  17. Breach

    1. Without prejudice to Motomatch’s other rights under these terms and conditions and in law, including but not limited to the right to claim damages, if the Dealer:
      1. fails to pay any amount due to Motomatch in terms of this Agreement on the due date and fails to remedy that breach within a period of 7 (Seven) days after the receipt of notice to that effect by Motomatch; or 
      2. commits or allows the commission of any other breach of these terms and conditions in any way; Motomatch may take such action as Motomatch deems appropriate to deal with the breach, including cancelling this agreement or claiming immediate performance and/or payment of all the Dealer’s obligations in terms hereof and suspending the Dealer’s access to the website, prohibiting the Dealer from accessing the website, blocking computers using the Dealer’s IP address from accessing the website, contacting the Dealer’s internet service provider to request that they block the Dealer’s access to the website and/or bringing court proceedings against the Dealer.
  18. Liability

    1. Motomatch does not act as a supplier as contemplated in the CPA, or otherwise, and is not the party marketing the goods/services. Motomatch only provides the platform.
    2. As most of the content on Motomatch comes from other users, Motomatch do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or User communications or the quality, safety, or legality of what's offered, or with regard to the legal capacity of the users that may conduct or complete any transaction. The Dealer agrees not to hold Motomatch responsible for things other users post or do.
    3. In no event do Motomatch accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
    4. The Dealer indemnifies and holds harmless Motomatch, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the Dealer’s use of the Website, third party websites or any of the products and/or services offered or ordered through such sites in any way.
  19. Legal

    1. The laws of the Republic of South Africa will govern these terms and conditions.
    2. The parties consent to the non-exclusive jurisdiction of the Western Cape High Court (Cape Town). In terms of Section 45 of the Magistrate's Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate's Court having jurisdiction in respect of any action arising between Motomatch and the Dealer.
    3. Legal notices and other legal documentation addressed to the parties must be sent by registered post or delivered by hand to the addresses nominated below by each of the parties as their domicilium citandi et executandi:
      1. in the case of Motomatch, at Merchant House, 19 Dock Road, V and A Waterfront, Western Cape, 8001 ; and
      2. in the case of the Dealer, at the delivery addresses provided by the Dealer to Motomatch in the registration process.
    4. Notices delivered to any party will be deemed to be received, unless the contrary is proven:
      1. by hand - at the time of delivery,
      2. registered post - 14 (fourteen) days from posting.
    5. Neither party may send any notice or legal document to the other party by fax or SMS or email.
    6. These terms and conditions constitute the entire agreement between Motomatch and the Dealer and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Motomatch from the Dealer.
    7. Any failure by Motomatch to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision. 
    8. If Regulation 44 of the CPA applies to the Order, then, it is agreed between the parties that the provisions of clauses 1.3, 7.3, 8.2.2.1.1, 17, 18.4 and 19.2hereof are fair in view of the particular circumstances applicable to the Order. Should it nevertheless transpire that any such provision or portion thereof (as the case may be) is found by any party referred to in section 69 of the CPA or any Court (as the case may be) not to be fair in view of the particular circumstances applicable to the Order, then same will apply to the maximum extent permitted under the CPA and shall be governed by the provisions of clause 19.8 subject to changing those things which need to be changed (“mutatis mutandis"). 
    9. Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof will be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and will not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which will continue to be given full force and effect and bind the parties hereto.
    10. No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto, to the extent that same is applicable hereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.8 mutatis mutandis.
    11. If any provision of these Terms and Conditions is found by any Court to be unfair as contemplated in Regulation 44 (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 19.8 mutatis mutandis.
    12. A certificate issued by an administrator of the Website shall constitute prima facie proof of any fact related to the Website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
    13. You hereby consent to receive any and all approaches and/or communications from Motomatch, its directors, shareholders, the Motomatch Related Parties, Motomatch’s agents and/or their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to [email protected] advising Motomatch of same. 
    14. Motomatch uses cookies to collect standard internet log information about usage patterns. This information is used to improve the function and User experience of the website as well as to target marketing efforts.
    15. By using Motomatch, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Motomatch on servers located in the Republic of South Africa and other locations, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.
    16. In order to ensure the security and reliable operation of the site for all users, Motomatch reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any User who commits any of the offences detailed in Chapter 13 of the ECT (specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Motomatch and its affiliates, agents and/or partners. 
  20. ECT Act

    1. Access to the website is classified as a form of “electronic transaction” in terms of the ECT Act and as such you are entitled to the below mentioned disclosures in terms of Chapter 7 of the ECT Act:
      1. Our full name and legal status: Motomatch SA (Pty) Ltd (registration number: 2017/517902/07);
      2. Street address: Merchant House, 19 Dock Road, V and A Waterfront, Cape Town 8001
      3. Postal address: Postnet Suite #362, Private Bag X7, Sea Point, 8060 
      4. Physical address for receipt of legal service: Building No. 8,Greenstone Hill Office Park, Emerald Boulevard, Greenstone Hill Ext. 22, Edenvale, 1609
      5. Main Business: Digital marketing services
      6. Website address: www.motomatch.co.za
      7. Official email address: [email protected]
      8. Membership of self-regulatory or accreditation bodies: None
      9. Governing terms of use: These terms including our Privacy Policy;
      10. Directors: available on request by emailing [email protected];
      11. Costs associated with the access to and use of the service: Subscription fee as reflected on the website.
      12. Full record of transactions: available to Dealers on the Dealer Dashboard
      13. Dispute resolution: No specific dispute resolution process
      14. Complaints process: If you have any complaints or would like more information please e-mail [email protected]