FinderSA Terms & Conditions

1. Introduction and Acceptance

Welcome to FinderSA ("FinderSA", "we", "us", "our"). FinderSA operates an online lead-generation and referral platform that connects Clients with independent Service Providers. FinderSA does not provide any services advertised on the Platform.

By accessing, browsing, registering on, or using the Platform, you:

• Confirm that you are legally capable of entering into binding agreements;
• Acknowledge that you have read and understood these Terms;
• Agree to be bound by these Terms.

If you do not agree, you must immediately discontinue use of the Platform.

FinderSA reserves the right to refuse access to any person at its sole discretion.

2. Definitions

• Client – Any individual or entity submitting a service enquiry.
• Service Provider – Any independent contractor or business registered to receive Leads.
• Lead / Enquiry – A request submitted by a Client.
• Fees – Charges payable by Service Providers to access Leads.
• User – Any Client or Service Provider.
• Platform – The FinderSA website, systems, software, and related services.

3. Nature of the Platform (No Agency)

3.1 FinderSA is strictly an advertising, marketing, and referral platform.

3.2 FinderSA:

• Does not employ, supervise, manage, or control Service Providers;
• Does not inspect, vet, guarantee, or warrant services;
• Does not act as agent, broker, employer, partner, or representative of any User;
• Is not a party to any agreement concluded between Users.

3.3 All service agreements are entered into solely between Client and Service Provider.

3.4 Users acknowledge that FinderSA has no control over:

• The quality, legality, safety, or suitability of services;
• The accuracy of information provided by Users;
• The conduct of any User.

4. Client Terms

4.1 Submission of Enquiries

Clients warrant that all information submitted is true, accurate, and not misleading.

4.2 Consent to Contact

By submitting an enquiry, Clients expressly consent to being contacted by:

• FinderSA; and
• Multiple Service Providers

via phone, email, SMS, WhatsApp, or other reasonable communication methods.

4.3 No Guarantee

FinderSA does not guarantee:

• That any Service Provider will respond;
• That quotes will be competitive;
• That services will be performed;
• That any outcome will meet expectations.

4.4 Client Due Diligence

Clients are solely responsible for:

• Vetting Service Providers;
• Verifying credentials, licenses, insurance, and references;
• Negotiating pricing and contractual terms.

FinderSA accepts no responsibility for failure by a Client to conduct due diligence.

5. Service Provider Terms

5.1 Independent Contractor Status

Service Providers are independent contractors and are not employees, partners, or agents of FinderSA.

5.2 No Guarantee of Work

Payment for Leads grants access to an opportunity only. FinderSA does not guarantee:

• Client response;
• Job award;
• Revenue;
• Conversion rates.

5.3 Non-Refundable Fees

All Lead Fees are final and non-refundable, except at FinderSA's sole discretion.

5.4 Compliance Warranty

Service Providers warrant that they:

• Are legally permitted to provide their services;
• Hold all required licenses and registrations;
• Maintain required insurance;
• Comply with all applicable laws.

Service Providers indemnify FinderSA against any breach of these warranties.

6. Fees and Payments

6.1 All pricing is in ZAR and VAT inclusive unless stated otherwise.

6.2 FinderSA may amend pricing without prior notice.

6.3 Fees are payable upfront and non-transferable.

6.4 FinderSA may suspend access for non-payment without liability.

7. Comprehensive Limitation of Liability

7.1 To the fullest extent permitted by South African law, FinderSA shall not be liable for:

• Any loss of profit, income, business, goodwill, or opportunity;
• Any indirect, special, incidental, punitive, or consequential damages;
• Any acts or omissions of Users;
• Any personal injury, property damage, or financial loss;
• Any data loss or cyber incident;
• Any service failure by Service Providers.

7.2 FinderSA's total cumulative liability, for any cause whatsoever, shall not exceed the total Fees paid by the Service Provider in the three (3) months preceding the claim.

7.3 Use of the Platform is entirely at the User's own risk.

7.4 The Platform is provided "as is" and "as available" without warranties of any kind.

8. Protection of Owners and Related Parties

All limitations, exclusions, indemnities, and protections in these Terms extend to and expressly protect FinderSA's:

• Owners
• Shareholders
• Directors
• Officers
• Employees
• Contractors
• Agents
• Representatives
• Affiliates

No User may institute personal legal action against any of the above in relation to Platform use.

Users irrevocably waive any right to pierce the corporate veil of FinderSA.

9. Indemnity

Users agree to indemnify, defend, and hold harmless FinderSA and all Protected Parties from and against any:

• Claims;
• Legal proceedings;
• Damages;
• Fines;
• Regulatory penalties;
• Legal costs (including attorney-and-own-client costs);

arising from:

• Use of the Platform;
• Breach of these Terms;
• Disputes between Users;
• Violation of law;
• Services rendered or received.

This indemnity survives termination.

10. Dispute Resolution and Arbitration

10.1 Users agree to first attempt to resolve disputes amicably within 14 days.

10.2 If unresolved, disputes shall be referred to confidential arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA).

10.3 Arbitration shall:

• Be conducted in English;
• Be final and binding;
• Limit discovery to reasonable scope;
• Exclude class or representative actions.

Nothing prevents FinderSA from seeking urgent interdictory relief in court.

11. Force Majeure

FinderSA shall not be liable for failure or delay caused by:

• Power outages;
• Internet disruptions;
• Civil unrest;
• Government action;
• Natural disasters;
• Cyberattacks;
• Any event beyond reasonable control.

12. Intellectual Property

All Platform content, systems, algorithms, branding, and databases are the exclusive property of FinderSA.

Reverse engineering, scraping, copying, or commercial exploitation is strictly prohibited.

13. Suspension and Termination

FinderSA may suspend or terminate any account without notice for:

• Breach of Terms;
• Suspected fraud;
• Abuse of the Platform;
• Non-payment.

No refunds shall be payable upon termination.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

Subject to the arbitration clause, the courts of Johannesburg shall have exclusive jurisdiction.

15. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain fully enforceable.

16. Entire Agreement

These Terms constitute the entire agreement between FinderSA and Users and supersede all prior communications or representations.

No User may rely on any representation not expressly contained herein.

17. Amendments

FinderSA may amend these Terms at any time.

Continued use of the Platform constitutes acceptance of amended Terms.

18. Contact Details

FinderSA

Email: info@findersa.co.za

By using FinderSA, you confirm that you have read, understood, and agree to these Terms and Conditions.