NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008
IMPORTANT NOTICE TO CONSUMER — PLEASE READ CAREFULLY BEFORE ACCEPTING
This notice is provided to you in terms of Section 49 of the Consumer Protection Act 68 of 2008 ("the CPA") by Ndala Group (Pty) Ltd, trading as MSD Mobile Car Wash ("MSD"), prior to your acceptance of the Customer Subscription Agreement.
By ticking the acceptance checkbox and completing your registration, you acknowledge that you have read, understood, and accepted the terms of this notice and the clauses of the Agreement identified below.
Clauses Affected by This Notice
Acknowledgement (Clause 11)
You acknowledge and warrant that all information provided during registration is true, accurate, and complete. You confirm that you are the lawful owner of the registered vehicle or have express authority to subscribe on behalf of the owner, and that you are at least eighteen (18) years of age.
Limitation of Liability (Clause 15)
MSD's total aggregate liability to you for any claim arising from this Agreement is limited to the subscription fees paid by you in the three (3) months immediately preceding the event giving rise to the claim. MSD shall not be liable for indirect, consequential, special, or punitive damages, including loss of profit or loss of use of your vehicle, except where such exclusion is prohibited by the CPA.
Indemnity (Clause 16)
You agree to indemnify and hold harmless MSD, its directors, employees, agents, and contractors against claims, damages, losses, and expenses arising from your breach of the Agreement, inaccurate information provided by you, failure to provide safe vehicle access, or third-party claims relating to your vehicle or property.
Damage Reporting (Clause 17)
You must inspect your vehicle immediately after each service and report any alleged damage within twenty-four (24) hours, accompanied by photographic evidence. Claims reported after this period or where the vehicle has been used without prior inspection may be declined.
Force Majeure (Clause 18)
MSD shall not be liable for failure or delay in performing services due to circumstances beyond its reasonable control, including severe weather, government restrictions, epidemics, or supply disruptions. Either party may terminate the Agreement if a force majeure event continues for more than thirty (30) consecutive days.
Customer Risk Acknowledgement
- I acknowledge that mobile car wash services involve inherent risks, including but not limited to exposure to weather conditions, water contact with vehicle surfaces, and the use of cleaning chemicals and equipment on my vehicle.
- I understand that MSD exercises reasonable care in performing services but cannot guarantee specific results on vehicles with pre-existing damage, oxidation, or aftermarket modifications.
- I accept that I am responsible for removing valuables from my vehicle before each service and for ensuring safe and unobstructed access to my vehicle on scheduled service days.
Customer Understanding
- I confirm that I have had a reasonable opportunity to read and understand this notice and the Terms and Conditions (Clauses 7–20) before completing my registration.
- I understand that by accepting this notice, I am entering into a binding monthly subscription agreement with MSD Mobile Car Wash on the terms set out in the Agreement.
- I understand that I have the right to query or seek clarification regarding any term before acceptance by contacting MSD at support@globalreachweb.site or +27 64 013 1728.