Terms & Conditions
Registration Number: 2001/002779/23
WEBSITE STANDARD TERMS AND CONDITIONS (“the Agreement”)
Hausen Abrasives CLOSE CORPORATION
Registration Number: 2001/002779/23
WEBSITE STANDARD TERMS AND CONDITIONS (“the Agreement”)
Hausen Abrasives CLOSE CORPORATION (“Hausen Abrasives”) provides you with access to its website, (“the website”) as well as the services and products in respect thereof (collectively referred to as “the goods”).
These terms and conditions set out what is expected from you when accessing and using the website. By accessing or using the website, you will be deemed to have read, understood and accepted these terms and conditions.
In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT”) and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access and use the website or any part thereof.
2. CONTENT AND INFORMATION
You are responsible for your use of the website and information provided on the website, for all and any downloads from the website, for any content you post on or through the website, and for any consequences thereof. The content you submit, post or display will be able to be viewed by other users of the website and through third party goods and websites. You should only provide content that you are comfortable sharing with others under these terms and conditions. Any use or reliance on any content posted on or through the website or obtained by you through the website is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or any communications posted on or through the website or endorse any opinions expressed on or through the website. You understand that by using the website you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise defective. Under no circumstances will Hausen Abrasives be liable in any way for any content, including, but not limited to, any errors or admissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on or through the website or broadcast elsewhere.
Hausen Abrasives is not obliged to monitor or control the content posted on or through the website and we cannot take responsibility for such content. You may therefore be exposed to unwanted content and it is your duty to report any undesirable content to Hausen Abrasives.
3. USE OF THE WEBSITE
You will only use the website for legitimate and lawful purposes and you agree to abide by all laws when using the website. You agree not to engage in any activities that may cause any damage or loss to Hausen Abrasives.
You warrant that you are over the age of 18 (eighteen) years old and that you are able to conclude legally binding contracts and that there is no reason in law whatsoever for you to validly conclude such contracts with Hausen Abrasives.
You may not and agree not to:
monitor, intercept or modify any communication that is not addressed to you;
use any harmful or malicious code, such as viruses, trojan, horses, worms or spiders, to interfere or access any data, communications or software associated with the website;
send any unsolicited communication to Hausen Abrasives or to any user of Hausen Abrasives, whether such unsolicited communication is sent to the Hausen Abrasives user’s account or to any other address of such Hausen Abrasives user;
use the goods in such a manner as to threaten, harass, embarrass or invade the privacy of any person;
abuse, harass, threaten, intimidate, or harm any other user or any member of Hausen Abrasives’S staff;
impersonate any other Hausen Abrasives user or any other person;
maneuver the price of any item of the goods or interfere with other users’ listings; and/or
use the website for any purpose that is defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights of a third party or would otherwise violate the rights of any third party.
Hausen Abrasives makes no claims that the website may be lawfully accessed and the content lawfully viewed or downloaded outside the Republic of South Africa. Access to the website and/or the content may not be legal by certain persons or in certain countries. If you access the website from outside of the Republic of South Africa, you do so at your own risk and you are solely responsible for compliance with the laws of, or applicable to, such jurisdiction.
4. RESTRICTIONS ON CONTENT AND USE OF GOODS
You may not and agree not to post content on or through the website that is defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights of a third party or would otherwise violate the rights of any third party. You are solely responsible for ensuring that any content posted is appropriate.
Hausen Abrasives reserves the right at all times (but will not have an obligation) to monitor any activity and content on or through the website. Hausen Abrasives may investigate any reported violations of these terms and conditions or any complaints and take any such steps or action as it may deem necessary to delete, remove, or refuse to distribute any content on the website and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these terms and conditions, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to reported violations and/or complaints; and/or
protect the rights, property or safety of Hausen Abrasives, its users and the public.
Whilst Hausen Abrasives reserves the right to delete or remove content deemed offensive by Hausen Abrasives, Hausen Abrasives does not guarantee that offensive content will be removed or deleted. Failure by Hausen Abrasives to remove or delete any offensive content does not constitute a waiver by Hausen Abrasives of its right to remove or delete offensive content in subsequent or similar cases and you agree that Hausen Abrasives will not be liable for any loss or damage resulting from any such failure.
5. INTELLECTUAL PROPERTY
All right, title, and interest in and to the website and the goods, including all related intellectual property rights (excluding content provided by users) are and will remain the exclusive property of Hausen Abrasives and all its licensors. The website and the goods are protected by intellectual property laws. Nothing in these terms and conditions gives you a right to use the Hausen Abrasives name or any of the Hausen Abrasives trademarks, logos, domain names, goods and other distinctive brand features.
You retain your rights to any content you submit, post, or display on or through the website. By submitting, posting, or displaying content on or through the website, you grant us a worldwide, non-exclusive, royalty-free, perpetual licence (with the right to sub-licence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, or otherwise make available such content in any and all media or distribution methods (now known or later developed).
You agree that this licence includes the right for Hausen Abrasives to make such content available to other companies, organisations, or individuals who partner with Hausen Abrasives for the syndication, broadcast, distribution or publication of such content on other media and websites, subject to our terms and conditions for such content use.
Such additional uses by Hausen Abrasives, or other companies, organisations or individuals who partner with Hausen Abrasives, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the website.
We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, websites or media.
You are responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by other users and our third party partners. You understand that your content may be rebroadcasted by our partners and if you do not have the right to submit content for such use, it may subject you to liability. Hausen Abrasives will not be responsible or liable for any use of your content by Hausen Abrasives in accordance with these terms and conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
6. THIRD PARTY CONTENT AND LINKS
The website may contain content posted and/or goods provided by third parties and/or links to third party websites, or resources. You acknowledge and agree that Hausen Abrasives is not responsible or liable for the availability or accuracy of such third party content, goods, websites, and/or resources.
You agree that Hausen Abrasives does not endorse any such third party content, goods, websites, and/or resources. You acknowledge sole responsibility for and assume all risk arising from your access and/or use of any such third party content, goods, websites, and/or resources. You indemnify, defend and hold us harmless against any claim by any third party for any loss or damage of any kind arising out of or in connection with your use of third party content, goods, websites and/or resources.
7. USER WARRANTY
You represent and warrant to Hausen Abrasives that:
you have full power, authority, and legal capacity to enter into these terms and conditions and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company;
you will provide complete and accurate information to Hausen Abrasives what you warrant is true and correct;
you will adhere to these terms and conditions; and
in the event that your use of the website is dependent on using a cellular phone, personal computer, bandwidth or such other device or technology of another person, you have the necessary permission from that person.
You agree to indemnify, defend and hold Hausen Abrasives, its subsidiaries, affiliates, officers, agents, licensors, employees and any other partners harmless from any and all claims, losses, expenses, damages, actions, demands, liabilities or costs, including but not limited to legal fees resulting from your violation of these terms and conditions, your violation of any rights of a third party, and/or any content posted by you on or through the website.
9. MODIFICATIONS TO THE WEBSITE AND/OR THE GOODS
Hausen Abrasives reserves the right at any time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice to you. Hausen Abrasives will not be liable to you or to any third party for any such modifications, suspension, or discontinuance of the website.
10. AMENDMENTS TO TERMS AND CONDITIONS
Hausen Abrasives reserves the right to amend these terms and conditions at any time, for any reason with or without notice to you. The amended terms and conditions shall enter into force on the date that they are published on the website or from the first time you log on to Hausen Abrasives subsequent to such amendments, whichever occurs first.
WHILST EVERY EFFORT HAS BEEN MADE BY Hausen Abrasives TO ENSURE THE PROPER PERFORMANCE OF THE WEBSITE, Hausen Abrasives DOES NOT GUARANTEE THE AVAILABILITY OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE GOODS ARE PROVIDED BY Hausen Abrasives ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE AFOREGOING, Hausen Abrasives AND ITS PARTNERS DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE WEBSITE AND THE GOODS. WE MAKE NO WARRANTY THAT THE WEBSITE AND THE GOODS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, COMPLETE, TIMELY, OR ERROR-FREE BASIS.
ANY MATERIAL OR DATA OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULT FROM YOUR USE OF THE WEBSITE. YOU ALSO AGREE THE Hausen Abrasives HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR DATA MAINTAINED BY THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hausen Abrasives OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS OF SALE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE AFOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
YOU AGREE THAT Hausen Abrasives WILL NOT BE LIABLE FOR ANY LOSS OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, ANY CONTENT ACQUIRED FROM Hausen Abrasives, FROM ANY THIRD PARTY THROUGH THE WEBSITE, OR IN CONNECTION WITH ANY INFORMATION OR DATA. Hausen Abrasives WILL FURTHER NOT BE LIABLE TO ANY THIRD PARTY WHO HAS OBTAINED CONTENT FROM YOU. IN THE EVENT OF A COURT RULING THAT THE AFOREGOING PROVISIONS ARE INVALID OR NON-BINDING, YOU AGREE THAT Hausen Abrasives’S LIABILITY WILL BE LIMITED TO AN AMOUNT OF R5,000.00 (FIVE THOUSAND RAND) FOR ALL CLAIMS DURING ANY CALENDAR YEAR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you breach any of your obligations in terms of these terms and conditions, Hausen Abrasives shall be entitled, without derogating from any other right may have in terms of these terms and conditions or otherwise, cancel these terms and conditions and without prior notice to you, restrict or suspend your access to the website for such period of time as Hausen Abrasives may deem fit, remove any content posted by you and/or terminate your access.
14. WAIVER AND SEVERABILITY
The failure of Hausen Abrasives to enforce any rights or provision of these terms and conditions will not be deemed a waiver of such rights or provisions. In the event of any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect.
You agree that for the purposes of the giving of any notice, Hausen Abrasives may send such notices to your e-mail address or facsimile number as is indicated by you.
Hausen Abrasives chooses 16 Stuart Close, Somerset Business Park, Somerset West, 7130 for the purposes of the giving of any notice.
16. GOVERNING LAW AND JURISDICTION
These terms and conditions and the relationship between you and Hausen Abrasives will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You consent to the jurisdiction of the relevant Magistrate’s Court of South Africa having jurisdiction in respect of any proceedings instituted by either party in terms of these terms and conditions. In the event that legal proceedings are instituted by either party against the other, the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
These terms and conditions constitute the entire agreement between you and Hausen Abrasives relating to the subject matter hereof and these terms and conditions supersede and replace any prior agreements between you and Hausen Abrasives. Any claim or cause of action arising out of or related to the use of the website or the terms and conditions must be filed within 1 (one) year after the claim or cause of action arose or be forever barred.
Should you experience any difficulties with any aspect of the goods and/or the website, contact us on +27 11 646 9436 during office hours (08h00 to 17h00) or send an email to email@example.com.
19. DISCLOSURES REQUIRED IN TERMS OF SECTION 43 OF THE ECT ACT
The following disclosures are made in terms of section 43 of the ECT Act:
Full name and legal status: Hausen Abrasives
Telephone number: + 27 11 425 7896
E-mail address: firstname.lastname@example.org
Physical address: 15 Cranbourne Avenue Benoni, Gauteng, South Africa, 1501
Postal address: 15 Cranbourne Avenue Benoni, Gauteng, South Africa, 1501
Physical address for receipt of legal service: 15 Cranbourne Avenue Benoni, Gauteng, South Africa, 1501
Main business: To provide and sell abrasive products online
Registration number: 2016/071612/07
Office bearers (directors): Mike Holtzhausen / Jayson Holtzhausen
Alternative dispute resolution: Please refer to the Standard Terms and Conditions.
Copyright subsists in this work. No part of this work may be reproduced in any form or by any means without the author’s and/or publishers’ written permission. Any unauthorised reproduction of this work will constitute a copyright infringement and render the doer liable under both civil and criminal law for such infringement.
Whilst every effort has been made to ensure the information published in this work is accurate, the authors, editors, publishers and printers take no responsibility and/or no liability whatsoever for any loss or damage suffered by any person as a result of reliance upon the information contained herein or for any other reason whatsoever arising out of this work.