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INTRODUCTION
By Subscribing to the Services through the Contact Centre or through a Third Party, you agree to enter into a legally binding Subscription Agreement (“Agreement”) with Ignition Telecoms Investments (Pty) Ltd.
This Agreement encapsulates the Service offering and terms and conditions related to the Subscription to the Services as well as to your use of the Website. By Subscribing to the Services, you agree to all such terms and acknowledge the terms of any related policies issued from time to time.
If you do not agree with the terms set forth in this document, we recommend that you do not subscribe to the Services or continue to access or use the Website.
DEFINITIONS
Unless the context dictates otherwise, the words and expressions set forth below shall bear the meanings ascribed to them:
“Applicable Laws” means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time;
“Benefit(s)” means the comprehensive array of Services or any part thereof, that Car Cure provides to its Subscribers. These Services are accessible through the Website. Specific terms and detailed descriptions of the Services are outlined in Annexure A;
“Business Day(s)” means normal business days, being Monday to Friday, from 08:00 – 17:30, Saturday, Sundays and public holidays excluded;
“Contact Centre” means the division Ignition Telecoms Investments which is responsible for inbound and outbound calls, including customer service;
“CPA” means the Consumer Protection Act 68 of 2008;
“Data” means any qualitative or quantitative pieces of information that Ignition Telecoms Investments collects, stores, processes, or transmits. This encompasses a broad spectrum of information, including but not limited to personal Data such as names, addresses, and contact details; Financial Information like payment methods and transaction histories; Service usage Data, which details Subscriber interactions with Car Cure’s Services; and any other metrics or analytics that assist in enhancing Service delivery and business operations;
“Day(s)” means calendar days, unless expressly referred to as Business Days;
“Financial Information” means any Data regarding the monetary aspects of an individual’s or entity’s interaction with Car Cure, including but not limited to bank account details, payment history, credit card numbers, billing records, and any other financial Data used for processing payments and managing the Subscription;
“Ignition Telecoms Investments” means Ignition Telecoms Investments (Pty) Ltd (registration number: 2010/016551/07) situated at Quadrant 4 Centenary Building, 30 Meridian Drive, Umhlanga, Kwa-Zulu Natal, 4301, and any of its subsidiaries, as incorporated from time to time, also referred to as ‘’we’’, ‘’us’’ or ‘’our’. Ignition Telecoms Investments is the proprietor of Car Cure;
“Intellectual Property” means all intellectual property subsisting in, pertaining to or used on, through or by means of the Website and Services, including, without limitation, documents, designs, Trademarks, service marks, Data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above;
“Login Details” means information captured to access the Services on the Website;
“Car Cure”, “us”, “we” or “our” refers to the operating name given collectively to the Website and Services by Ignition Telecoms Investments;
“Month” means a calendar month, and for the purposes of this Agreement, a calendar month is defined as the period from the first Day of a given month to the last Day of that same month, inclusive;
“Monthly Subscription Fee” means the recurring fixed monthly fee payable in advance, by way of debit order, by the Subscriber to Car Cure, in South African Rands, in exchange for access to the Website and use of the Service. The amount of the Monthly Subscription Fee is specified in the pricing details provided by Car Cure;
“Personal Information” means any information as defined in POPIA, including but not limited to:
name and surname;
identification number;
physical address; and
contact details;
Log In details; and
Financial Information;
“POPIA” means the Protection of Personal Information Act 4 of 2013;
“Privacy Policy” means our Privacy Policy that may be accessed on the Website, which is supplementary and complimentary to this Agreement, and which provisions are read into this Agreement as if specifically incorporated herein;
“Processing” means any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Information;
“Services” means the service which we call Car Cure, which gives you the discounts and Benefits, and which are more fully described on our Website. The Services are subject to the specific terms, conditions and/or limitations set forth in Annexure A of this Agreement;
“Service Provider” means any third-party individual or entity introduced to you by Car Cure to provide the Services or Benefit(s);
“Sites” means any third-party website and/or web-applications that showcase such third-party’s products or services. Sites will also include third-party websites or web-applications made use of by Car Cure for the purposes of providing the Services or enabling payment of the Monthly Subscription Fee;
“Subscriber(s)” means any User(s) who takes all required actions, including creating a User profile and paying the Monthly Subscription Fee, to benefit from the use of the Services;
“Subscription” means a Subscriber’s access to the Website and use of the Services in return for payment of the Monthly Subscription Fee;
“Trademarks” means all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by Car Cure in facilitating your use of the Website and its Services;
“User(s)” means any individual, firm, company, corporation, juristic person, local authority, or any trust, foundation, organization, association, or partnership, whether having separate juristic personality, who accesses, uses, or interacts with the Website provided by Car Cure. This includes accessing, using, or interacting by browsing, subscribing to, or downloading content from the Website. The term encompasses both Subscribers and casual visitors who browse the Website without creating an account;
"Website" means www.carcure.co.za which serves as the primary digital interface for Car Cure. The Website encompasses the technological framework that supports all functionalities necessary for providing the Services. This framework facilitates Subscription management, Service requests, and comprehensive User support. Through the Website, Users can access their account, request assistance, and access a full range of Car Cure’s Services, seamlessly integrating User interactions within a single, accessible online platform; and
“you” or “your” means the Subscriber and/or the User.
SUBSCRIPTION SERVICES
Only Subscribers are permitted to access and benefit from the Services provided on the Website.
The Website grants Subscribers access to its Services. For specific terms and conditions of the Services, please refer to Annexure A.
Upon Subscribing to the Services, the Subscriber gains access to the Services provided by Car Cure
The Monthly Subscription Fee is payable Monthly in advance by way of a debit order ensuring continuous access to the Subscription.
Depending on the method that the Subscriber used to sign up to the Services, the payment of the Monthly Subscription Fee by way of a debit order will either be facilitated by us or by a Service Provider.
The debit order cannot be canceled without prior written notice to Car Cure. Both are subject to the termination provisions of this Agreement in clause 7.
Should the due date on which the Monthly Subscription Fee fall on either a Saturday, Sunday or public holiday, then the debit order will go off on the last Business Day before Saturday, Sunday or public holiday.
Car Cure reserves the right to make any adjustments to the Monthly Subscription Fee, including annual increases, at its sole discretion. These adjustments may be implemented without prior notice to the Subscriber.
Car Cure reserves the right, at its sole discretion, to modify, add, or remove Services offered or any other provision of this Agreement. Such adjustments may be made at any time to align with evolving Service capabilities, regulatory requirements, or market conditions. Subscribers will be notified of any significant changes to the Services in accordance with the terms of this Agreement.
Car Cure makes no warranties, express or implied, regarding the Services provided, including but not limited to fitness for a particular purpose, uninterrupted operation, or error-free performance. While we strive to provide high-quality and reliable Services, we do not guarantee that the Services will meet all Subscriber expectations, be free from errors, or operate without interruptions.
By using our Services, the Subscriber agrees that the Service is provided "as is" and "as available," without any further warranty or guarantee.
SUBSCRIBER DATA COLLECTION
You will be able to Subscribe to the Services through the Website, alternatively through the Contact Centre.
Should you sign up through the Contact Centre, your subscription will be activated in the call.
When you become a Subscriber to the Services, we will collect your Personal Information.
You guarantee that any Personal Information provided (which is required to allow you access to the Website and for procurement of the Services) are:
true, accurate, current, and correct;
will be updated by you regularly, as well as, if and when required; and
is a full disclosure of all facts.
Personal Information collected together with any information required to access the Website and/or use the Services, such as Login Details, must be kept confidential. You accept full responsibility for all activities that occur under your Login Details and accept responsibility for sharing these details.
Any use of your Login Details will be regarded as if you were the Subscriber using such information.
Should any of your Personal Information change, you must inform us of the change in writing by emailing support@carcure.co.za or update your details on the Website.
In the instance where a User becomes a Subscriber through the Website, the Monthly Subscription Fee payable, by means of a debit order may be facilitated by a payment Service Provider.
Should the User become a Subscriber, the Subscriber’s Personal Information will be captured, Processed and stored by us in terms of our Privacy Policy.
The Subscriber consents to us using and Processing their Personal Information, in accordance with POPIA, and to Process the Subscriber’s Subscription as stated herein as well as for any Subscription related communication, marketing and future promotions.
Any Subscriptions by minors will be deemed to have been made with the necessary consent, as required in terms of Applicable Laws, of the minor’s legal guardian or parent, for us to Process the necessary Personal Information.
Where you act on behalf of a legal entity, you warrant that you have the necessary authority and capacity to bind the legal entity to this Agreement and should you be requested to provide proof of such authority, you must be able to do so within a reasonable period of time.
PRIVACY POLICY
To ensure that our position in relation to our POPIA compliance practices are clearly communicated to you, we ask that before you share any Personal Information with us, that you read and acknowledge the terms of our Privacy Policy.
In instances where we Process certain Personal Information and such Processing requires us to provide you with further information relating thereto, we will refer you to specific privacy notices which supplement the provisions of our Privacy Policy.
Any Personal Information Processed by us will be used solely in accordance with the CPA and POPIA and will not be disclosed to a third-party in a manner that is in contravention of POPIA.
COOKIES
When providing access to the Website, we seek to make your access easy, useful and reliable. This sometimes involves placing small amounts of information on your device. These are called “cookies”.
When you visit the Website, our servers may collect the IP address of your computer or other electronic device. This information is aggregated to measure things such as number of visits, average time spent on page/s or page/s viewed. We use this information to determine the use of our Website. We assume no obligation to protect this information and may process such information without limitation
The cookies cannot be used to identify you personally and are used to improve your access to, and use of, the Website. To learn more about our use of passive means of Data Processing, such as the use of cookies, please make sure that you read and acknowledge the terms of our Cookie Policy.
By Subscribing to the Services, you consent to the sharing of your Personal Information with us. From time-to-time, and for purposes of account creation and/or verification on the Website, or for the fulfilment of Services to you, we will be required to Process your Personal Information and disclose it to Service Providers. By accepting this Agreement, you consent to this transfer and further Processing for the purposes set out above to enable us to fulfil our obligations to you.
When you Subscribe, you opt-in to receiving communications from us on various electronic communication channels, including email, SMS or WhatsApp, for purposes of marketing and providing our Services to you.
All information records that you send to us using the Website or any other electronic channels may be stored electronically by us, as well as the providers of the electronic channel.
Although we take all reasonable steps to protect your Personal Information and maintain confidentiality, we cannot guarantee the security or integrity of any Personal Information you transmit to us online. We take reasonable steps to ensure that any third parties with whom your Personal Information is stored, where applicable, are bound by acceptable confidentiality obligations, however, it is your responsibility to familiarise yourself with our Privacy Policy and those of any relevant Service Providers related to accessing and using the Website and procuring the Services.
If you receive any unsolicited communication, including electronic communication that appear to be from us, asking for Personal Information, please be aware that it is likely a fraudulent attempt to illegally access your information.
We do not ask for this type of information by means of electronic communications and as such we ask you not to respond to these types of communications or click on any link. Doing so will place you and your Personal Information at risk, and we will not be held responsible for any consequences resulting from your response to any such communication.
Should you receive such communication, please immediately report it to support@carcure.co.za.
Any electronic communication, including email, SMS, WhatsApp, telephonic messages, or mobile push notifications sent to you will be considered as having been received by you when such communication is sent, unless the contrary is proven. As such, it is your responsibility to provide, at your own expense, any access to the internet, data, or any required devices for purposes of such electronic communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically meet any legal requirements for such communications to be in writing.
Should you not wish to communicate with us via any specific channel or receive any marketing and/or Service-related information from us, you may opt-out and change your communication preferences by contacting us at support@carcure.co.za.
TERMINATION AND CANCELLATION OF SUBSCRIPTION
Upon Subscribing for the Services, the Agreement will be concluded, and the Subscriber will be granted access to the Services until terminated by either party. The Subscription will automatically renew on a Monthly basis unless canceled in accordance with this clause 7.
Either the Subscriber or Car Cure may terminate the Agreement for any reason by providing 20 (twenty) Business Days prior notice to the other party. Notices from Subscribers must be sent to support@carcure.co.za or given over the phone by contacting the customer care department at 0861 188 828.
Car Cure reserves the right to suspend or terminate any Subscription in the event of a breach of this Agreement or in cases of non-payment. Car Cure will make reasonable efforts to collect any outstanding Monthly Subscription Fees until the Subscriber’s next renewal date. If payment is not successfully collected by this date, the Subscriber will no longer be entitled to access the Website or use the Services, and the Agreement may be terminated without further notice.
Upon cancellation or termination of the Subscription, the Subscriber’s access to the Website and Services will cease from the next scheduled collection (renewal) date. Car Cure will retain any Monthly Subscription Fees paid up to the next renewal date, subject to any applicable legal restrictions.
The Subscriber has the legal right to cancel their Subscription and request a full refund of any fees paid, without reason, within fourteen (14) days from the start of the Subscription, provided that the Subscriber has not accessed any Services on the Website during this period. To cancel, the Subscriber must contact Car Cure at support@carcure.co.za or 0861 188 828.
Refund requests will also be considered in scenarios involving technical issues that prevent access or disputes regarding Service requests or pricing during a recorded conversation with Car Cure via the Contact Centre. Such refund requests will be reviewed and decided upon at the sole discretion of Car Cure.
If a refund request is approved, Car Cure will process the refund to the original payment method within two (2) Business Days of the refund request.
LIMITATION OF LIABILITY
You expressly acknowledge and agree that the Applicable Laws in force in The Republic of South Africa shall, at all times, be applicable to your use of our Website.
The Website and all content on the Website, including any current or future offer of Services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. We make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Car Cure its affiliates, its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access the Services or use the content or Website, or any functionality thereof, or of any Service Provider Site, even if we are expressly advised thereof.
Neither you or any other User and shall have any claim against us for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of Data or other pecuniary loss, arising from the unavailability of the use of our Website, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if we were negligent.
We therefore do not guarantee that (i) the Website; (ii) the information, content, tools or materials included on the Website; (iii) our servers; or (iv) that any electronic communications sent by us will be free from viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of the Website or from any information, content, tools or materials included on or otherwise made available to you through the Website, including for direct, incidental, punitive and/or consequential damages.
The Services provided by Car Cure may, in some cases, include the introduction of Service Providers to the Subscriber. These Service Providers will act in their own capacity as contractors to the Subscriber. Car Cure shall not be liable for any disputes, damages, losses, or claims arising from or related to such introductions, as the Service Provider remains the Subscriber’s contractor.
Although we are committed to providing you with the best possible service, we shall not be responsible for:
any actions or omissions by you that result in a breach of the provisions of this Agreement;
any links to other Sites or web-applications from our Website. You also acknowledge that we cannot control the content of, or the products offered on any Sites;
any suspension or limitation on your use of the Services or access to the Website if we have reasonable suspicion that you are contravening clause 9; or
your reliance on any of the information, content, tools or materials that you obtain or gain access to the Website.
LIMITATIONS OF USE
You agree not to:
use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website or its content;
establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Website without our prior consent;
use our Website to process Personal Information of third parties;
violate the privacy of any person in order to, or attempt to, gain unauthorized access to our Website, including, but without limitation through hacking, password mining or any other means;
use our Website to engage in any illegal or unlawful activity;
post content on our Website that is not related to any of our Services, is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language;
employ automated electronic or mechanical processes designed to negatively affect the performance and our provision of our Website;
utilize our Website in a manner which disrupts our normal operations’
attempt to or gain unauthorized access to our programming, coding or infrastructure; or
circumvent, disable or otherwise interfere with security related features or features that prevent or restrict the use or enforce limitations on the use of our Website.
We reserve the right to disable your profile and/or limit your access to our Website should there be a violation of this Agreement.
MODIFICATIONS
Car Cure reserves the right, at its sole discretion, to modify or amend the terms of this Agreement at any time. Such modifications or amendments will take effect immediately upon posting the revised Agreement or specific terms within this Agreement on the Website. It is the responsibility of the Subscriber to review the Agreement periodically for updates.
INTELLECTUAL PROPERTY
You acknowledge that the Website, inclusive of its content, graphics, User interface and the underlying scripts and software used to provide the Website and Services, constitute Intellectual Property owned by Car Cure and/or its licensors safeguarded by applicable Intellectual Property laws.
You agree to utilise such Intellectual Property exclusively for personal, non-commercial purposes in adherence to this Agreement. Under no circumstances shall any part of the Car Cure’s Intellectual Property be transferred or reproduced except as expressly permitted by this Agreement. You commit not to modify, rent, loan, sell, share, distribute, or exploit the Website or Services and its related Intellectual Property beyond the expressly authorised uses outlined in this Agreement.
GOVERNING LAW
This Agreement is governed by the Applicable Laws of the Republic of South Africa, and any disputes arising from this Agreement shall be resolved in respect of such Applicable Laws.
CONTACT INFORMATION
For more information or any Service-related queries, you may contact us at support@carcure.co.za and we will contact and assist you.
We undertake to respond within 48 (forty-eight) hours of receipt of a query, or soon thereafter.
Telephone Number 0861 188 828.
MISCELLANEOUS PROVISIONS
Variation, cancellation and waiver: No contract, document or email by the Subscriber purporting to vary, add to, delete from or cancel this Agreement will be effective, unless reduced to writing and signed by or on behalf of the Parties. For the sake of clarity, an email from the Subscriber purporting to vary the terms of the Agreement will not be a valid variation. A written and signed formal addendum will have to be entered into to amend/vary any terms of the Agreement.
Severability: All the provisions of this Agreement are severable from each other. Any provision of this Agreement, which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, will, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this Agreement will remain of full force and effect.
Notices: Any notice given in terms of this Agreement shall be in support@carcure.co.za.
Hyperlinks: Car Cure accepts no liability for any issues arising from broken or inaccessible hyperlinks, including any reliance placed on the content expected to be available through such links. It is your responsibility to verify the accuracy and relevance of linked content before taking any actions based on it. If you encounter a broken hyperlink or are unable to access the linked content, please contact us at support@carcure.co.za for assistance.
Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement, or otherwise liable to the other, if such failure or delay is due to a Force Majeure event. Force Majeure includes, but is not limited to, acts of God, natural disasters, government actions, epidemics and pandemics (or a lesser spread of disease that causes interruption or delay), or strikes. Performance of the affected obligations shall resume as soon as reasonably possible after the Force Majeure event ends. In this regard, each party indemnifies and holds harmless the other against any adverse consequences arising as a result of a Force Majeure.
ANNEXURE A: SERVICE SPECIFIC TERMS
REPAIR BENEFITS PER REQUEST
Chips: We will pay for repairs to minor chips for an area not exceeding 1.5mm in diameter up to the amount of R 3000.00 (three thousand Rand) during a recurring 3 (three) month period.
Minor dents: We will pay for repairs of minor dents to the bodywork of your vehicle that do not exceed 15cm in diameter. Where any part of the body panel has been ripped or torn the damage will not be defined as a minor dent and will not be repaired under this product. We will pay for repairs up to the amount of R 3000.00 (three thousand Rand), for an unlimited number of repairs during a recurring 3 (three) month period.
Minor Scratches: We will pay for repairs of minor scratches to the bodywork of your vehicle that do not exceed 15cm in length. Where any part of the panel has been ripped or torn the damage will not be defined as a minor scratch and will not be repaired under this product. We will pay for repairs up to the amount of R 3000.00 (three thousand Rand), for an unlimited number of repairs during a recurring 3 (three) month period.
Wheel Rims and Mag Wheels: We will pay to repair damage to your vehicle’s wheel rims and mag wheels. Where the rim or mag has been damaged to such an extent it cannot be repaired, the damage will not be defined as minor and will not be repaired. We will pay for repairs up to the benefit limit of R 2500.00 (two thousand five hundred Rand) in any 12 (twelve) month period.
Tar Removal: We will pay for tar removal up to the benefit limit of R3000.00 (three thousand Rand), during a recurring 3 (three) month period for an unlimited number of repairs.
Windscreen Damage: We will pay for the cost of chip repairs to the windscreen of the vehicle. In the event of the windscreen cracking during this process, the replacement costs of the windscreen will not be paid for under this product and will be for your own account.
EXCLUSIONS FOR REPAIRS
Parts or damages not listed under clause 1 above of the selected repair benefits.
Requests that fall outside of the Product Benefits.
Replacement of a body panel or part of it.
A body panel that has been ripped, torn, perforated or damage to the interior structure or alignment of the panel.
Accessories, door mouldings, window mouldings, beadings.
Car Radios, sound equipment, or car telephones.
Locks and handles.
Tyres.
Stickers.
Damage caused by hail.
No cover provided for under taxi under this product. A taxi being an automobile that carries passengers for a fare usually determined by the distance travelled.
PRICING
To make use of our Services a monthly fee will be payable by way of debit order.
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