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Terms & Conditions

Version 1.0 — Draft pending legal review

SparePatLink (Pty) Ltd — Terms of Use

Governing the use of the SparePatLink automotive commerce platform

1. Introduction and acceptance

These Terms of Use ("Terms") govern your access to and use of the SparePatLink platform operated by SparePatLink (Pty) Ltd ("SparePatLink", "we", "us", "our"), registration number [REGISTRATION NUMBER], of Westview Security Estate, 1374 Fossil Street, Ext 06 Andeon, 0183, South Africa.

The "Platform" means our websites and applications, including sparepatlink.co.za, shop.sparepatlink.co.za, workshop.sparepatlink.co.za, my.sparepatlink.co.za, drive.sparepatlink.co.za and admin.sparepatlink.co.za.

By registering for, accessing, or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you may not use the Platform. If you use the Platform on behalf of a business, you warrant that you are authorised to bind that business to these Terms.

2. Definitions

  • "Shop" means an auto parts retail business registered on the Platform;
  • "Workshop" means a vehicle repair or service business registered on the Platform;
  • "Driver" means an independent person or vehicle owner registered to perform deliveries via the Platform;
  • "Customer" means a person who searches for, orders, or purchases parts through the Platform;
  • "User" means any Shop, Workshop, Driver, Customer, or other person using the Platform;
  • "Order" means a request to purchase parts placed through the Platform;
  • "Fees" means the commission, delivery charges, and other amounts payable in respect of Platform transactions, as published on the Platform from time to time.

3. The role of SparePatLink

SparePatLink provides technology that connects Shops, Workshops, Drivers, and Customers to transact and arrange deliveries. SparePatLink is an intermediary and facilitator. Unless expressly stated otherwise on the Platform, SparePatLink is not the seller of parts, not the manufacturer, and not the transporter of goods.

Contracts of sale for parts are concluded between the selling party and the buying party. Delivery is performed by independent Drivers. SparePatLink facilitates these arrangements but is not a party to the underlying contract of sale, except where expressly stated.

4. Accounts and registration

  • You must provide accurate, current, and complete information when registering, and keep it up to date;
  • You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account;
  • You must notify us immediately of any unauthorised use of your account;
  • Businesses may create multiple user accounts (e.g. owner, manager, staff); the business remains responsible for all such accounts;
  • We may verify your identity, business registration, or documents, and may refuse, suspend, or terminate registration at our discretion, including where verification fails or these Terms are breached;
  • You must be at least 18 years old to use the Platform.

5. Acceptable use

You agree not to:

  • Use the Platform for any unlawful, fraudulent, or harmful purpose;
  • List counterfeit, stolen, unsafe, or misrepresented parts;
  • Circumvent the Platform to avoid Fees, or divert transactions off-Platform to avoid charges;
  • Interfere with, damage, or attempt to gain unauthorised access to the Platform or its systems;
  • Upload malicious code, scrape data without permission, or infringe the rights of others;
  • Harass, defraud, or mislead other Users.

We may suspend or terminate access for any breach of this section.

6. Fees, payments, and settlements

  • Fees are as published on the Platform and may be updated from time to time. Continued use after a change constitutes acceptance of the updated Fees;
  • SparePatLink charges a commission on transactions and a portion of delivery charges, with the remainder of the delivery charge payable to the Driver, as published on the Platform;
  • Payments may be processed through third-party payment providers. You agree to their terms in addition to these Terms;
  • Settlements to Shops and Drivers are made in accordance with the settlement terms and schedule published on the Platform;
  • You are responsible for your own taxes arising from your use of the Platform, including VAT where applicable.

7. Shop terms

If you register as a Shop, you additionally agree that:

  • You are responsible for the accuracy of your listings, stock availability, pricing, and part descriptions;
  • You will honour Orders you accept and fulfil them within the times indicated;
  • You warrant that you have the right to sell the parts you list and that they comply with applicable safety and quality standards;
  • You are responsible for issuing valid tax invoices to buyers where required by law;
  • Sourcing parts from other Shops via the Platform is done at your own commercial risk, and the selling Shop's terms apply to that transaction.

8. Workshop terms

If you register as a Workshop, you additionally agree that:

  • Quotations you receive are provided by Shops, and SparePatLink does not guarantee price, availability, or fitment;
  • You are responsible for confirming that a part is correct for the relevant vehicle before accepting a quotation;
  • Acceptance of a quotation creates a contract between you and the selling Shop.

9. Driver terms

If you register as a Driver, you additionally agree that:

  • Independent contractor: you are an independent contractor, not an employee, agent, or partner of SparePatLink. Nothing in these Terms creates an employment relationship. You are responsible for your own taxes, and you have no claim to employment benefits;
  • Vehicle and licence: you must hold a valid driver's licence, roadworthy vehicle, and all permits required by law, and you must keep these current;
  • Deliveries: you are responsible for the safe collection, transport, and delivery of goods you accept, and for the condition of goods in your possession;
  • Insurance: you are responsible for maintaining appropriate insurance, including goods-in-transit and third-party cover, unless SparePatLink expressly notifies you in writing that it provides specific cover;
  • Location: you consent to the collection of your real-time location while performing deliveries, as described in the Privacy Policy;
  • Conduct: you will act lawfully, professionally, and courteously, and comply with all road traffic laws;
  • Payment: you are paid the Driver portion of delivery charges as published on the Platform, subject to the settlement terms.

10. Customer terms

If you use the Platform as a Customer, you additionally agree that:

  • You are responsible for selecting the correct part for your vehicle, or for confirming fitment with the Shop;
  • Prices, availability, and delivery times are as displayed at the time of Order and may change;
  • Your consumer rights under the Consumer Protection Act 68 of 2008 apply and are not limited by these Terms where that Act applies to you.

11. Deliveries

  • Deliveries are performed by independent Drivers. Delivery times are estimates and not guaranteed;
  • Risk in goods passes in accordance with the arrangement between the selling and buying parties and applicable law;
  • You must provide accurate delivery addresses and be available to receive goods, or arrange an authorised recipient;
  • Additional delivery terms may be published on the Platform.

12. Returns, defects, and disputes

  • Returns and defective or incorrect parts are dealt with between the buying and selling parties, subject to applicable law including the Consumer Protection Act where it applies;
  • SparePatLink may, but is not obliged to, assist in resolving disputes through its dispute-resolution process published on the Platform;
  • Where a Customer is entitled to a remedy under law, that remedy lies against the responsible selling party;
  • You agree to raise disputes in good faith and within any timeframes published on the Platform.

13. Intellectual property

All intellectual property in the Platform, including software, designs, trademarks, and content (excluding User-supplied content), belongs to SparePatLink or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose. You may not copy, modify, reverse-engineer, or create derivative works from the Platform. You grant SparePatLink a licence to use content you upload (such as listings and images) for the purpose of operating and promoting the Platform.

14. Limitation of liability

To the maximum extent permitted by law:

  • The Platform is provided "as is" and "as available", without warranties of any kind, express or implied;
  • SparePatLink is not liable for the acts, omissions, products, or services of Shops, Workshops, Drivers, or Customers;
  • SparePatLink is not liable for any indirect, incidental, special, or consequential loss, including loss of profit, data, or goodwill;
  • Where liability cannot be excluded by law, our total liability to you is limited to the Fees paid by or to you through the Platform in the three months preceding the event giving rise to the claim;
  • Nothing in these Terms excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act where it applies.

15. Indemnity

You indemnify and hold SparePatLink harmless against any claim, loss, damage, or expense (including reasonable legal costs) arising from your use of the Platform, your breach of these Terms, your infringement of another's rights, or, in the case of Shops and Drivers, from the parts you sell or the deliveries you perform.

16. Suspension and termination

  • You may stop using the Platform and close your account at any time, subject to completing outstanding transactions and settlements;
  • We may suspend or terminate your access, with or without notice, for breach of these Terms, suspected fraud, legal reasons, or risk to other Users or the Platform;
  • Termination does not affect rights or obligations that accrued before termination, including payment obligations.

17. Protection of personal information

We process personal information in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (POPIA). By using the Platform, you acknowledge the Privacy Policy, which forms part of these Terms.

18. Changes to these Terms

We may amend these Terms from time to time. The current version will be published on the Platform with its effective date. Material changes will be communicated through the Platform or by email. Continued use after changes take effect constitutes acceptance.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to any right you have to approach a court or forum under the Consumer Protection Act, you consent to the jurisdiction of the South African courts for any dispute arising from these Terms.

20. General

  • If any provision is found to be unenforceable, the remaining provisions continue in effect;
  • Our failure to enforce a right is not a waiver of that right;
  • You may not cede or assign your rights under these Terms without our written consent; we may cede or assign ours;
  • These Terms, together with the Privacy Policy and any terms published on the Platform, constitute the entire agreement between you and SparePatLink.

21. Contact

SparePatLink (Pty) Ltd

Westview Security Estate, 1374 Fossil Street, Ext 06 Andeon, 0183, South Africa

Email: admin@sparepatlink.co.za