Terms and Conditions
ABM Service Solutions (PTY) Ltd with company registration number 2017/081167/07 is responsible for FixMyRide.co.za, which is a website and service offering.
ABM Service Solutions (PTY) Ltd is providing an electronic platform (www.FixMyRide.co.za) that facilitates the collection of quotes from various service providers in the motor industry. All information on our website is intended as general information about the products and services as displayed on the website.
The Website is an interactive one where the Service Provider responds to the requests made by the Motorist via the website.
The services provided by ABM Service Solutions (PTY) Ltd via the www.FixMyRide.co.za website, are free of charge to the consumer (herein after referred to as “the Motorist”).
Any reference to or use of a product, service or process of a third party does not imply recommendation, approval or affiliation of the product, service or process by ABM Service Solutions (PTY) Ltd.
These terms and conditions govern your (the Motorist or Service Provider hereinafter referred to as “the User”) use of the website located at the domain www.FixMyRide.co.za (“the Website”).
By accessing and using the Website, the User agrees to be bound by these Terms and Conditions; the User may not display, use, download and/or otherwise copy or distribute any Content obtained from the Website.
These terms and conditions become effective when you access the site for the first time and constitute a binding agreement between ABM Service Solutions (PTY) Ltd and the User. The current terms and conditions will govern our respective rights and obligations each time you access this site.
Rights and Obligations of the Motorist:
In order for you as a Motorist to benefit from all the features of the Website you will need to register with us as a Motorist by following the online prompts.
You will be required to provide certain information about yourself including but not limited to, your name, contact numbers, email address and vehicle details as well.
You need to ensure that the information provided is correct, complete and not misleading as this may impact the type of feedback or response received from a Service Provider.
As a Motorist you will be able to post details of any automotive repair or service work you need a Service Provider to do for you (“Jobs”)
You must only post a Job if you have a genuine requirement for the work detailed to be performed
You will have access to and will receive quotes from various Service Providers in response to the Job posted.
The Motorist will also have the option of posting feedback on the Website regarding the services received. You may however, only post feedback in relation to a Service Provider used via the Website.
When you choose to use the services of a Service Provider by virtue of the use of this Website you undertake to notify us by updating your Job details under the Motorist “Dashboard” option or screen.
Privacy and Security:
ABM Service Solutions (PTY) Ltd receives various types of information from the Users who access the Website.
While ABM Service Solutions (PTY) Ltd will make every effort to protect any information received by it, it is possible for internet based communication to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured nor guaranteed.
ABM Service Solutions (PTY) Ltd will not be held responsible for any damages the User or any third party may suffer as a result of transmission of confidential or personal information that the User submits to ABM Service Solutions (PTY) Ltd through the internet, or for the information that the User expressly or implicitly authorises ABM Service Solutions (PTY) Ltd to receive, or for any changes, or errors made to any transmitted information.
Intellectual Property Rights:
All elements of the Website, including but not limited to the images, text, databases, icon, 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.
The User may access, 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 ABM Service Solutions (PTY) Ltd.
Any email addresses, names, telephone numbers and fax numbers appearing on the Website may not be incorporated by any third party into any database or used or any marketing or other purposes whatsoever.
The trademarks, names, logos, and service marks (collectively “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of ABM Service Solutions (PTY) Ltd. Nothing on the Website should be construed as granting any license or right to use any Trademarks without the written permission of ABM Service Solutions (PTY) Ltd.
Except as specified in these terms and conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property rights in or to the Content and Trademarks.
All rights in and to the Content and Trademark is reserved and retained by ABM Service Solutions (PTY) Ltd.
Permission for Hyperlinks:
No User may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as “Linking”), to the Website or any subsidiary pages before receiving ABM Service Solutions (PTY) Ltd prior written approval, which may be withheld or granted subject to the conditions ABM Service Solutions (PTY) Ltd may specify from time to time.
An application for Linking must be submitted to email@example.com.
Once received ABM Service Solutions (PTY) Ltd will do its best to respond and enter into further discussions with the User. If the User does not receive a written response from ABM Service Solutions (PTY) Ltd within 5 business days after submitting the request, the User must consider the request as having been rejected.
A breach of this provision entitles ABM Service Solutions (PTY) Ltd to take legal action without prior notice to the User and the User agrees to reimburse ABM Service Solutions (PTY) Ltd with the costs associated with such legal action, on an attorney and own client scale.
Updating Of Terms and Conditions:
ABM Service Solutions (PTY) Ltd reserves the right to amend, change, modify, add to or remove from portions or the whole of these terms and conditions from time to time.
Changes to these terms and conditions will become effective upon such changes being posted to the Website.
By accessing the Website the User is bound to the version of terms and conditions published here at the time of any visit to the Website.
The User agrees to view the current terms and conditions every time the User accesses the Website.
The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.
ABM Service Solutions (PTY) Ltd reserves the right to make changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice.
A certificate signed by the administrator responsible for maintaining the Website shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
Disclaimer and Limited Liability:
Notwithstanding the fact that hyperlinks exist in the terms and conditions, to facilitate access to notices, policies and legislation that are incorporated into the terms and conditions, the User agrees that in those instances, where some or all of the hyperlinks malfunction or are not operational, such occurrence shall not affect the validity or enforceability of the terms and conditions.
The User undertakes to, at their own convenience and discretion, review and acquaint themselves with necessary documents and/or terms.
External links may be provided for your convenience, but they are beyond the control of ABM Service Solutions (PTY) Ltd, and no representation is made as to their content. Use of reliance on any external links provided is at the User’s own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to the Website without the express prior written permission of ABM Service Solutions (PTY) Ltd.
No warranty, whether express or implied, is given that any files, downloads, or applications available via the Website is free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of the User’s computer, database, network or other information system.
The quotes presented, are based on limited information, provided by you on the electronic e-quote form. The quotes are therefore only illustrative and not a binding offer.
Quotes are subject to change, based on further consideration or more comprehensive information that the Motorist submits to the Service Provider.
Although ABM Service Solutions (PTY) Ltd has taken reasonable care to ensure that the Content on the Website is accurate and that the User will not suffer loss or damage as a result of the use of the Website, use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or any part/s thereof, contained on the Website.
ABM Service Solutions (PTY) Ltd makes no warranty or representation as to the availability, accuracy or completeness of the Content, which may include typographical errors.
Neither ABM Service Solutions (PTY) Ltd nor any affiliate or subsidiary of ABM Service Solutions (PTY) Ltd shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered, or incurred, relating to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if ABM Service Solutions (PTY) Ltd was expressly advise of this.
The User unconditionally and irrevocably indemnifies and holds ABM Service Solutions (PTY) Ltd harmless against all and any loss, liability, actions, lawsuits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay of performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly, or indirectly, related to the User’s use of the Website, whether due to ABM Service Solutions (PTY) Ltd.’s negligence or not.
This Website is controlled, operated and administered by ABM Service Solutions (PTY) Ltd from its offices within the Republic of South Africa.
ABM Service Solutions (PTY) Ltd makes no representation that the Content is appropriate or available for use in any other location/s or countries.
Access to the Website from territories or countries where the Content is illegal, is prohibited.
The User may not use this Website in violation of South African export laws and regulations.
If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.
These terms and conditions shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Magistrate Court.
The headings of the clauses in the terms and conditions are provided for convenience and ease of reference and will not be used to interpret, modify or amplify the terms and conditions.
The terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and Conditions.
ABM Service Solutions (PTY) Ltd failure or delay to exercise or any particular right or provision of the terms and conditions shall not constitute a waiver of such right or provision, whether this is done expressly or implied, nor will it affect the validity of any part of these terms and conditions or prejudice ABM Service Solutions (PTY) Ltd.’s rights to take subsequent action against the User, unless acknowledged and agreed to by ABM Service Solutions (PTY) Ltd in writing.
Neither the User nor ABM Service Solutions (PTY) Ltd shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral between the User and ABM Service Solutions (PTY) Ltd in respect of the subject matter hereof.
ABM Service Solutions (PTY) Ltd shall be entitled to cede, assign, and delegate all or any of its right as and obligations in terms of these terms and conditions.
Should ABM Service Solutions (PTY) Ltd be prevented from fulfilling any of its obligations to the User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as ABM Service Solutions (PTY) Ltd is so prevented from fulfilling then and the User’s corresponding obligations shall be suspended to the corresponding extent.
In the event that force majeure continues for more than 10 days after it has first occurred then ABM Service Solutions (PTY) Ltd shall be entitled, but not obliged, to terminate all of its rights and obligations in terms of or arising out of these terms and conditions by giving notice to the User.
An event of force majeure shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, any requirement of any government or other competent local authority, any court order, export control, or shortage of transport facilities.
The terms and conditions, as varied by ABM Service Solutions (PTY) Ltd from time to time, constitutes the entire and sole agreement between ABM Service Solutions (PTY) Ltd and the User with regard to the use of the Content and this Website.