1. Definitions: In these Terms and Conditions, unless the context otherwise requires:
- “the Company” means Used Engine Finder and its owner.
- “the Customer” means any person or entity using the Site to locate vehicle parts or engines.
- “the Site” refers to the website under the domain name enginefinder.co.za and any sub-domains.
- “Supplier” denotes a provider of vehicle parts or engines who is registered with the Company.
2. Services: The Company does not supply vehicle parts or engines but serves as an engine location service, connecting Customers with potential Suppliers. The Company forwards Customer inquiries to registered Suppliers deemed capable of fulfilling the request.
3. Data Transmission: Customers consent to the sharing of their contact details with potential Suppliers. The Company will encrypt personal data whenever possible. An automated email may be sent to the Customer for feedback regarding the Company’s services.
4. Quotations: Quotes originate directly from Suppliers, with the Company offering no assurance regarding their accuracy or veracity.
5. Non-Endorsement: The Company doesn’t control the quality or legality of parts provided by Suppliers using this service.
6. Limitation of Liability: The Company is not liable for any contractual obligations between the Customer and Supplier initiated through the Site, except where South African law imposes such liability.
7. Exclusions: The Company is not responsible for non-arrival or unsatisfactory quality of parts, or for any discrepancies in the supplied items’ description.
8. Engine Guidelines: All engines from Suppliers equipped with a cam belt must have the belt replaced before installation. The Company or its Suppliers will not be held liable for damage due to cam belt failure.
9. Force Majeure: The Company shall not be held accountable for any failure or delay in its operations due to unforeseen circumstances, including but not limited to natural disasters, wars, civil unrest, or other major events outside its reasonable control.
10. Indemnity: Customers and Suppliers agree to indemnify the Company against any claims, damages, or costs (including legal fees) arising from their activities on the platform.
11. Dispute Resolution: Disputes between the Company and the users will be resolved through arbitration before any court action is considered.
12. Confidentiality: Users agree not to disclose or use any confidential information accessed or received through the Site for any purpose outside the scope of these T&Cs.
13. Representation and Warranties: All parties confirm their authority to enter into this agreement, ensuring they are not violating any pre-existing agreement.
15. Code of Conduct: Users must adhere to the stipulated behavior guidelines on the platform, with breaches potentially leading to penalties or removal.
16. Links to Other Websites: Links provided to external sites are for convenience and do not imply endorsement by the Company.
17. Waiver: Failure by the Company to enforce any provision of these T&Cs does not constitute a waiver of such provision.
18. Severability: If any provision herein is deemed invalid, the remaining provisions will remain in effect.
19. Entire Agreement: These T&Cs and any other legal notices by the Company on the website represent the entire agreement between the user and the Company.
20. Assignment: Users may not transfer their rights under these T&Cs without the Company’s explicit consent. However, the Company may assign its rights without restriction.
21. Service Changes: The Company reserves the right to modify or terminate its services at any time, with or without prior notice.
22. Jurisdiction: These T&Cs are governed by South African law. Disputes will be addressed in the appropriate South African courts.
23. Updates: The Company may amend these T&Cs. Significant changes will be communicated via the website or email, taking effect after a reasonable notification period.