1. Website Terms and Conditions of Use
1.1. This document sets out the terms and conditions (“Terms”) of Universal Coatings (Pty) Ltd (the “Service Provider”) pertaining to the access and use of the information, products, services and functions provided on www.universalpaints.co.za (the “Website”).
1.2. Should any person (the “user”) who accesses the Website disagree with any of the Terms, the user must refrain from accessing the Website and/or using the services.
1.3. If the user is under the age of 18, said user must obtain parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before purchasing any products or services.
1.4. The Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by the Service Provider from time to time. If the user is not satisfied with the amended Terms, the user should refrain from using the Website.
1.5. The Service Provider shall give the user prior notice where personal information has been collected from the user and the purpose for which the collected information is affected by the intended amendment.
2. Content of the Website
2.1. The Service Provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
2.2. The Service Provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
2.3. The Service Provider may use the services of third parties to provide information on the Website. The Service Provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that the Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
2.4. The Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
2.4.1. The Service Provider does not warrant that the Website or information shall be error-free or that they shall meet any particular criteria of performance or quality. The Service Provider expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2. Whilst the Service Provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
2.4.3. The Service Provider disclaims any responsibility for the verification of any claims.
3. Linked Third Party Websites and Third Party Content
3.1. The Service Provider may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and the Service Provider does not endorse, nor does the inclusion of any link imply the Service Provider’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
3.2. While the Service Provider tries to provide links only to reputable websites or online partners, the Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Service Provider. The Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
3.3. The user agrees that the Service Provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred because of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the user may have with any linked websites, including advertisers, found on the Website, are solely between the user and the third party website.
4. Usage Restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website for any reason and in any manner, unless it is consistent with the intent and purpose of these terms;
4.2. Decompile, disassemble or reverse engineer any portion of the website;
4.3. Write and/or develop any derivative of the website or any other software program based on the website;
4.4. Modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of the service provider;
4.5. Remove any identification, trademark, copyright or other notices from the website;
4.6. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
4.7. Notwithstanding anything contained to the contrary in these terms, use the website for any purpose other than personal, non-commercial and information purposes.
5.1. In order to ensure the security and reliable operation of the services to all the Service Provider’s users, the Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2. The user may not utilise the Website in any manner which may compromise the security of the Service Provider’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should the Service Provider suffer any damage or loss, civil damages shall be claimed by the Service Provider against the user.
5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by the Service Provider and its affiliates, agents and/or partnersIntellectual Property Rights
6. Intellectual Property Rights
6.1. For this clause, the following words shall have the following meanings ascribed to them:
6.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Service Provider, now or in the future, including without limitation, the Service Provider’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, the Service Provider and as such are protected from infringement by local and international legislation and treaties.
6.3. By submitting reviews, comments and/or any other content (other than personal information) to the Service Provider for posting on the Website, the user automatically grants the Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, the user shall retain any and all rights that may exist in such content.
6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to the user.
6.5. Except with the Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.
6.6. Irrespective of the existence of copyright, the user acknowledges that the Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
6.7. The Service Provider authorises the user only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
7. Risk, Limitation of Liability and Indemnity
7.1. The user’s use of this Website and the information contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the Service Provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The Service Provider reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should the Service Provider deem it necessary.
7.3. To the extent permissible by law:
7.3.1. Neither the Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if the Service Provider knows or should reasonably have known or is expressly advised thereof.
7.3.2. In no event shall the Service Provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.3.3. The user hereby unconditionally and irrevocably indemnify the Service Provider and agrees to hold the Service Provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the Service Provider or instituted against the Service Provider as a direct or indirect result of:
18.104.22.168. use of the website;
22.214.171.124. software, programs and support services supplied by, obtained by or modified by the user or any third party without the consent or knowledge of the Service Provider;
126.96.36.199. failure to comply with any of the terms or any other requirements which the Service Provider may impose from time to time;
188.8.131.52. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
184.108.40.206. any unavailability of, or interruption in, the service which is beyond the control of The Service Provider.
7.4. The Service Provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. The user expressly waives and renounces all rights of whatever nature that may arise against the Service Provider for any loss suffered by the user, as a result of information supplied by the Service Provider being incorrect, incomplete or inaccurate.
8.2. Personal information when used in this Policy means information that can identify the user as an individual or is capable of identifying the user. Personal information does not include general, statistical, aggregated or anonymised information.
8.3. The use of the services signifies the user’s consent to collection and use of personal information as specified below. The user may withdraw his/her/its consent, request correction of his/her/its information and request the destruction/deletion of the information at any time by giving written notice to the effect to the Service Provider at the addresses set out in clause 11.7 and clause 11.3 herein below.
8.4. The user may request access to or information about the Service Provider’s data collection with regards to such user and may contact the Service Provider in this regard. The Service Provider may charge an administration fee, which fee is the Service Provider’s costs for processing the user’s request and delivering the requested data to the user. The contact details contained in clause 11 below must be used by the user to communicate his/her/its data access request.
8.5. The user’s information may be used, but is not limited to, confirmation of orders, validation as a customer, prevent criminal activity, fraud, misuse of or damage to the services or networks, to prosecute those responsible and to contact the user for consumer panels or various research groups.The Service Provider may disclose the user’s personal information to the Service Provider’s member stores, affiliated business, subsidiaries and/or holding companies.
8.6. The time periods for which information is kept may vary depending on the requirements of use. Unless there is a specific legal requirement requiring the Service Provider to keep the information for an extended period of time, the information shall not be keep for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
8.7. Personal information to third parties shall not be disclosed. Information which is aggregate statistics about the Service Provider’s sales, customers, traffic patterns and other Website information may be disclosed to third parties.
8.9. The user may set the browser to accept cookies automatically by default, alternatively the user may alter the settings of the browser to prevent automatic acceptance and to prompt the user every time a cookie is sent or to allow the user to choose not to receive cookies at all.
9.1. By subscribing the user agrees that the user shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by the Service Provider. The user shall notify the Service Provider should the user discover any loss or unauthorised disclosure of the information.
9.2. Any information or material sent to the Service Provider will be deemed not to be confidential, unless otherwise agreed in writing by the user and the Service Provider.
10. Breach or Cancellation by the Service Provider
10.1. The Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to the Service Provider’s right to claim damages, should any user:
10.1.1. breach any of these Terms;
10.1.2. in the sole discretion of the Service Provider, use the Website in an unauthorised manner; or
10.1.3. infringe any statute, regulation, ordinance or law.
10.2. Breach of these Terms entitles the Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to the Service Provider on an attorney and own client scale.
11. Compliance with section 43(1) of ECT ACT
In compliance with section 43(1) of the ECT Act, the following is noted:
11.1. Full name: Universal Coatings (Pty) Lid t/a Universal Paints
11.2. Registration number: 1982/10922/07
11.3. Physical address: 19 Staal Street, Kya Sand, Randburg
11.4. Fax number: 011 462 4293
11.5. Telephone number: 011 462 4284 / 011 462 1150
11.6. Website address: www. universalpaints.co.za
11.7. E-mail address: firstname.lastname@example.org
11.8. Names of office bearers: Rhone Diab
11.9. Registered at: 19 Staal Street, Kya Sands, Randburg
12. Agreements in Terms of Section 21 of the Electronic Communications and Transactions Act
12.1. No agreements shall be concluded by sending a data message to this web site or its owners. Valid agreements require an offer from a user or customer of the Service Provider and acceptance of such offer from the Service Provider.
12.2. No e-mail message shall be deemed to have been received by the Service Provider until a response has been issued from the Service Provider. An automated response, from the Service Provider, shall not satisfy this requirement.
13. General Clauses
13.1. The user shall comply with all applicable laws, statues, ordinances and regulations pertaining to the use of and access to this Website.
13.2. These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
13.3. This Website is controlled, operated and administered by the Service Provider from its offices within the Republic of South Africa. The Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
13.4. The Service Provider does not guarantee continuous, uninterrupted or secure access to the services, as operation of the Website may be interfered with as a result of a number of factors which are outside of the Service Provider’s control.
13.5. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
13.6. The Service Provider’s failure to act with respect to a breach by the user or others does not constitute a waiver of the Service Provider’s rights to act with respect to subsequent or similar breaches.
13.7. The user shall not be entitled to cede rights or assign rights or delegate obligations in terms of these Terms to any third party without the prior written consent of The Service Provider.
13.8. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
13.9. The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.10. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.11. These Terms set forth the entire understanding and agreement between the Service Provider and the user with respect to the subject matter hereof.