- ACCEPTANCE OF THESE TERMS AND CONDITIONS
1.1. This website, which is accessible at www.autoandtrucktyres.co.za (“this website”), is made available by Auto & Truck Tyres (Pty) Ltd, registration number: 2002/028303/07, incorporating Auto & Truck Tyres (Pty) Ltd(“the owner”).
1.2. The terms and conditions set out below, including any additional document incorporated by reference (“terms and conditions”), apply to any person who uses, accesses, refers to, or views any part of this website (which includes “you” or “your” including cognitive terms).
1.3. You hereby warrant that you have the legal capacity to enter into this agreement as these terms and conditions apply and are binding to persons 18 and older. If you are unsure whether you have the legal capacity to enter into this agreement, please consult with someone to assist you with this information before continuing to use this website.
1.4. Subject to clause 1.6 below, the page you are reading sets out the terms and conditions on which you may use, access, refer to, or view (individually and collectively referred to as “use”) this website and the information, content, products or services available on or through this website (“the website content”), whether or not the website content is provided by or belongs to the owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The website content includes but is not limited to any software, icons, text, graphics, images, sound clips, trade names, logos, designs, trademarks and service marks that are displayed on or incorporated in this website.
1.5. Once you have read these terms and conditions, your use of this website constitutes acceptance of these terms and conditions as outlined in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002.
1.6. If you accept these terms and conditions, you must comply with all of these terms and conditions. If you do not agree to these terms and conditions, you will not be allowed to use this website and the website content, and you must immediately delete all copies of the website content in your possession or under your control. This includes, but is not limited to, any website content that has been copied or cached by you.
1.7. In addition to these terms and conditions, you acknowledge that the owner may at any time impose additional terms and conditions relating to any service, content, products, facilities or functionality that is made available by the owner, or the owner’s affiliates, subsidiaries, holding companies or partners, by way of this website or otherwise (“the additional terms and conditions”). If you wish to use these services, content, products, facilities or functionality, you must agree to the additional terms and conditions.
1.8. You are allowed to print a copy of these terms and conditions. If you have any difficulty printing these terms and conditions or require assistance in obtaining a hard copy or electronic copy of these terms and conditions or of the additional terms and conditions, contact Sharon Styger email@example.com or alternatively firstname.lastname@example.org.
- VARIATION / AMENDMENTS / UPDATES OF THESE TERMS AND CONDITIONS
2.1. Subject to the variations or amendments provided for in terms of clause 2.2 below, no other variation or amendment, in any form whatsoever, of these terms and conditions will be enforceable or binding on the owner unless the owner has agreed to such variation or amendment in writing.
2.2. The owner reserves the right without notice to change, modify, amend, add to or remove portions or whole parts of these terms and conditions from time to time permanently or temporarily. All updates and/or amendments to the terms and conditions are effective on the date the Provider publishes them on the Website.
2.3. The responsibility is on you to determine whether any updates and/or amendments have been made on these terms and conditions. The continued use of the website by the User after the updates and/or amendments have been made to the terms and conditions, has the effect of the User agreeing to be bound by the new terms and conditions.
- SCOPE OF PERMITTED USE
3.1. Subject to these terms and conditions, and any additional terms and conditions, you may only use this website and the website content to view, refer to, or print this website and the website content for lawful personal and non-commercial purposes (“the permitted use”). The permitted use does not extend to the source code of this website or of the source code of any software or computer program that forms part of the website content.
- PROHIBITED ACTS
4.1. You are not allowed to perform any act that is not fair use within the context of the scope of the permitted use or which has not been expressly approved by the owner in writing (“the prohibited acts”). The prohibited acts include but are not limited to:
4.1.1. Not to engage in any abuse of e-mail or spamming, including the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients where such messages are not specifically solicited;
4.1.2. Not to post or transmit any message, data, image or programme which is defamatory, or violates any other personality rights or carries a criminal sanction;
4.1.3. Not to post or transmit any message, data, image or programme which is illegal, offensive, threatening, abusive, harassing, harmful or hateful data, image or programme;
4.1.4. Not to post or transmit any message, data, image or programme which violates the intellectual property rights of the owner;
4.1.5. Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not the User intends damage;
4.1.6. Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes;
4.1.7. Not to violate the privacy of any person, which shall include but shall not be limited to “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts;
4.1.8. Not to intercept any information transmitted to or from the owner or the website which is not to be received by that person;
4.1.9. Not to compromise or disrupt the security features whether directly or indirectly of the website;
4.1.10. Not to interfere or disrupt another user’s access to the website; and
4.1.11. Not to assist in any form or manner whether directly or indirectly contravene any provisions in these Terms and Conditions.
4.2. Should you engage in any of the above practices, the owner reserves the right to terminate, without notice, your access to the website.
4.3. These terms and conditions and any restrictions on the use of this website or the website content will also apply to any part of this website or the website content that is cached when using this website or the website content.
4.4. You must get the owner’s prior written approval if you wish to perform any of the prohibited acts, whether electronically or otherwise. Requests for approval must be submitted to the Marketing Head: Sharon Styger on autoandtrucktyres.co.za. The owner is entitled, in its sole discretion, to withhold or grant consent. The owner may also impose any conditions on any consent that is granted.
4.5. When printing the website or the website content, you must ensure that the following copyright notice appears prominently on every page that is printed: “Copyright Auto & Truck Tyres South Africa (Pty) Ltd. All rights reserved.”
4.6. The owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
4.6.1. The operation of this website or any of the website content; or
4.6.2. Your right to use this website or any of the website content.
4.7. You may not transfer any rights granted to you in terms of these terms and conditions to any other person or entity.
4.8. The owner is allowed to grant the same, similar, additional or different rights to any other person or entity.
4.9. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you for purposes of the permitted use.
- EXCLUSION OF LIABILITY FOR USE OF THIS WEBSITE AND THE WEBSITE’S CONTENT
5.1. Use of this website and the website content is entirely at your own risk.
5.2. Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002 (“the ECT Act”) and to the fullest extent allowed by law, the owner will not have any liability whatsoever in relation to this website and the website content. You hereby indemnify the owner against any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from your use of or reliance on this website or the website content, or any actions or transactions resulting therefrom, even if the owner has been advised of the possibility of such loss, liability, expense, claim, penalty or damages.
5.3. In addition to the general scope of clauses 5.1 and 5.2 above and to the fullest extent allowed by law, the owner will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the website content for any reason whatsoever.
5.4. For the purposes of this clause 5 and clause 7 below, any reference to the owner will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of the owner.
- EXCLUSION OF WARRANTIES AND REPRESENTATIONS
6.1. Any views or statements made or expressed on this website are not necessarily the views of the owner, the owner’saffiliates, subsidiaries, holding companies, partners, employees, officers, servants and/or agents.
6.2. This website and the website content is provided “as is” and is subject to change without notice.
6.3. Subject to the provisions of the ECT Act, this website and the website content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the website content.
6.4. The owner also makes no warranty or representation, whether express or implied, that the website content is free of viruses, destructive materials or any other data or code that is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software.
6.5. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code that is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
6.6. The owner does not accept any responsibility for any errors or omissions on this website or the website content.
6.7. You must not rely on any warranty or representation that allegedly induced you to agree to these terms and conditions, unless the representation or warranty is recorded in these terms and conditions.
6.8. This website and the website content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any institution, investment, service or product.
- REFERENCES AND LINKS TO AND FROM OTHER WEBSITES, PRODUCTS AND SERVICES
7.1. This website may contain references or links to other websites (“other websites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these other websites or the opinions, products, services or conduct of third parties. Your use of other websites or the products or services of third parties will be entirely at your risk.
7.2. Subject to the provisions of the ECT Act and to the fullest extent allowed by law, the owner is not responsible for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of other websites or the opinions, products or services of third parties.
7.3. You may not make (and you may not allow any third party to make) any reference to the owner, this website or the website content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by the owner in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.
- INTELLECTUAL PROPERTY
8.1. The website content, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the owner and/or third parties. Any unauthorised use of the website content is prohibited.
8.2. Subject to clause 3 above, you will not acquire any right, title or interest in or to this website or the website content other than those rights expressly granted to you in these terms and conditions. Your rights of use are subject to these terms and conditions.
8.3. Where any of the website content has been licensed to the owner or belongs to any third party, your rights of use will also be subject to any terms and conditions imposed by that licensor or third party from time to time and you agree to comply with such third-party terms and conditions.
- VARIATION OF CERTAIN DEEMING PROVISIONS IN THE ECT ACT
9.1. By using this website, you agree that these terms and conditions create a binding agreement between the owner and you, even though these terms and conditions are wholly or partly in the form of a data message. You agree specifically that:
9.1.1. The agreement will be treated as if it was concluded at the owner’s physical address detailed in clause 12.1 below on the date on that you first made any use of this website;
9.1.2. An electronic signature is not required by you or the owner for purposes of agreeing to these terms and conditions. You agree that by using this website or the website content this will be sufficient evidence of your agreement to these terms and conditions;
9.1.3. Any data message sent by you to the owner will be deemed to have been sent from the owner’s physical address detailed in clause 12.1. below if neither your usual place of business nor residence is located within the Republic of South Africa;
9.1.4. Any data message sent by the owner to you will be deemed to have been received by you at the owner’s physical address detailed in clause 12.1. below if neither your usual place of business nor residence is located within the Republic of South Africa;
9.1.5. Any communication sent to you by an information system programmed to operate automatically on behalf of the owner will not be a data message attributable to the owner or authorised by the owner;
9.1.6. Subject to clause 9.1.5 above and clause 12 below of these terms and conditions, a data message sent by you to the owner will only be treated as having been received by the owner when an acknowledgement of receipt is sent by the owner personally or a person who had authority to act on behalf of the owner in respect of that data message; and
9.1.7. This agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and you agree to the jurisdiction of the courts of the Republic of South Africa.
- DISCUSSION FORUMS AND READER COMMENT FACILITIES
10.1. Discussion forums and reader comment facilities (“the forums”) may, from time to time, be made available on the website.
10.2. By you posting or publishing any content on the forums, you:
10.2.1. Grant to the owner a non-exclusive, royalty free, irrevocable licence to use, publish, disseminate, distribute, reproduce, adapt, and/or sub-license such content on the website and/or to any of its affiliated publications and to use the content for, amongst others, its promotional, marketing and research purposes;
10.2.2. Acknowledge and agree that while the owner is unable to review all content posted in the forums, it reserves the right, in its sole discretion, to delete, edit or relocate any such content for any reason;
10.2.3. Acknowledge that should you disclose your personal information in any of the forums, your personal information may be viewed, collected and/or used by any other party using the website. In such circumstances, you agree that the owner shall not be obliged to protect your personal information or any other interest in law or otherwise, and you indemnify the owner from any loss (whether direct, indirect or consequential) you may suffer as a result of any party being privy to your personal information;
10.2.4. Agree that you may use the forums only for personal, non-commercial purposes.
10.3. You acknowledge and agree that the owner shall be entitled, in its sole discretion and for any reason, to prohibit you, from participating in any discussion in any of the forums.
- INTERCEPTION AND MONITORING
11.1. You agree that your communications on this website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by the owner or any other competent authority.
- MISCELLANEOUS MATTERS
12.1. ADDRESSES FOR NOTICES:
12.1.1. Except where stated otherwise in these terms and conditions, the owner’s address for the service of any notice is: Postal address: P.O Box 14024, Wadeville, 1422; Physical address: 5 Bezuidenhout road, Wadeville, Germiston1422; Tel: 011 437 6300.
12.1.2. All notices to the owner must be marked for the attention of Rob Beaumont. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of the owner and also either delivered by hand to the physical address of the owner or sent to the fax number of the owner.
12.1.3. Notices given to the above addresses will only be deemed to have been duly given:
188.8.131.52. 14 days after posting, if posted by registered post to the owner’s postal address;
184.108.40.206. 3 days after delivery, if delivered by hand to the owner’s physical address;
220.127.116.11. 3 days after confirmed successful transmission, if sent to the owner’s fax number.
12.2. DISPUTES, CLAIMS AND LEGAL PROCEEDINGS:
12.2.1. Subject to clause 12.2.4 below, any dispute declared by you and any claim that you may have against the owner arising out of or in connection with these terms and conditions or the use of the website or the website content, including after termination, cancellation or amendment of these terms and conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the commercial arbitration rules of the Arbitration Foundation of Southern Africa.
12.2.2. Subject to clause 12.2.4 below, if the owner declares a dispute with you, or wishes to institute any claim or legal proceedings against you arising out of or in connection with these terms and conditions or your use of the website or of the website content, the owner reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these terms and conditions.
12.2.3. You agree that the owner is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these terms and conditions or your use of the website or of the website content, in any magistrates’ court in the Republic of South Africa having jurisdiction over you, even though the cause of action in question exceeds the jurisdiction of that court.
12.2.4. Neither you nor the owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
12.3.1. Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by the owner arising out of your use of this website or the website content, or a breach of these terms and conditions, will be borne by you.
12.4.1. You may not cede, assign or transfer any of your rights and obligations in these terms and conditions without the prior written consent of the owner.
12.4.2. The owner is entitled to cede, assign or transfer any of the owner’s rights and obligations in these terms and conditions without your prior written consent and without notice to you.
12.5.1. The clause headings in these terms and conditions have been inserted for convenience only and will not be taken into consideration in the interpretation or affect the constructions of these terms and conditions.
12.5.2. Any reference in these terms and conditions to the singular includes the plural and vice versa. Any reference in these terms and conditions to natural persons includes legal persons. References to any gender include references to the other genders and vice versa.
12.5.3. Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases:
18.104.22.168. Defined in these terms and conditions will bear the same meaning throughout these terms and conditions;
22.214.171.124. Not defined in these terms and conditions but defined in the ECT Act will bear the same meaning given to them in the ECT Act.
12.5.4. In the event that any of the terms of these terms and conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
12.5.5. References to “writing” or notices “in writing” by the owner in these terms and conditions only includes writing on paper signed in ink by an authorised representative of the owner and specifically excludes any writing that may be in electronic form.
12.5.6. No relaxation or indulgence that the owner may grant to you will be deemed to be a waiver of any of the owner’s rights in these terms and conditions or in law.
12.5.7. In the event of any conflict between these terms and conditions and any additional terms and conditions, the additional terms and conditions will prevail.
12.5.8. The termination of the agreement created by these terms and conditions will be without prejudice to any other rights or remedies that you or the owner may be entitled to under this agreement or at law, and will not affect any accrued rights or liabilities of you or the owner nor the coming into or continuance in force of any provision of these terms and conditions that is expressly or by implication intended to come into or continue in force on or after such termination.
TERMS OF SERVICE
This website is operated by Auto & Truck Tyres (Pty) Ltd (ATT).
These website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of goods, and the use of the website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below.
Throughout the site, the terms “we”, “us” and “our” refer to ATT. ATT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By registering on our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
Where these terms and conditions, or any document to which these terms and conditions apply have been accepted or signed by a person in a representative capacity or for an Applicant who is a Company, Close Corporation or a Trust, he/she by accepting these conditions that he/she has been duly authorized by special resolution signed by all Directors of the board, Members or Trustees and a copy of same will be furnished to ATT on request.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from ATT.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You confirm that you had a proper opportunity to consider the implications of this agreement and that you are entering into this agreement out of your own free will and without any undue influence by ATT or its employees.
Any new features or tools, which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised ATT representative.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any Cties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible images of our products that appear at the store. We cannot guarantee that products are identical to the images.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that you cannot hold ATT liable for any loss due to goods displayed on the site and placed into a shopping basket or wish list, which is not available at the time of completing the purchase cycle.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ATT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
In the event of ATT being liable for damages, such damages shall be limited to the amount of the order giving rise to such claim.
You agree to indemnify, defend and hold harmless ATT and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including legal fees made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, you agree that such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Service for all purposes.
The Service remains effective until terminated by either you or ATT. You may terminate the Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You hereby agree and consent to the jurisdiction of the Magistrate’s Court situated within the district or region of ATT’s main place of business, namely Germiston, Gauteng, alternatively the High Court situated in Gauteng for any action arising from this agreement against the Applicant and/or any Surety provided at the time the credit application or, in the absence of a credit application, the account application was made.
Choose as domiciliumcitandi et executandi the physical trading address as set out in the Credit Application.
Agree to pay all legal costs, including attorney and client costs and collection commission, should any legal action be instituted against you or the surety agreed to in the Credit Application for any debt.
In the event of you committing any breach of these terms and conditions or any other agreement entered into between ATT and you in writing, ATT shall be entitled at its sole discretion and without prejudice to any other rights it might have against you to obtain an order for specific performance, with or without claiming damages; and to claim immediate payment of all amounts owed by you to ATT whether or not such amounts are then due and payable; to take possession of all ATT’s goods in your control and all payments already made and claim as liquidated damages payment of the difference between any balance then outstanding and the value of the goods; to suspend the carrying out of any of ATT’s then uncompleted obligations until the breach is remedied to ATT’s satisfaction; and/or terminate any facility granted to you.
Only registered users may use the Service of the website.
To register as a user, you must provide a unique username and password and provide certain information to ATT. Where you have applied for credit from ATT by completing the ATT Credit Application, the information contained in the Credit Application will be used.
You will need to use your unique username and password to access the Website in order to use the Service.
You agree and warrant that you will not disclose your username and password to any party not authorised to act on your behalf with regard to the Service.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify ATT immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
ORDERING OF GOODS AND COMPLETION OF SALE
Registered users may place orders for Goods, which ATT may accept or reject at its sole discretion.
ATT will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and ATT come into effect (the “Sale”).
Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, ATT may remove such items if stock is no longer available or the price thereof has changed without notice to you.
DELIVERY OF GOODS
A copy of ATT’s proof of delivery (POD) signed by a person acting on behalf of you or purporting to do so, or by the person apparently in charge of your premises where ATT makes delivery, shall be deemed to be prima facie proof that the specified quantities of the products listed on the POD have been received by you, unless the contrary is proved and/or delivered at your specified address.
It will be deemed that ATT delivered the correct order to you, unless the contrary is proved, if you do not give written notice to ATT within 48 hours of date of delivery of any shortfall and/or error in the order so delivered in order for ATT to investigate any such allegations and rectify.
Unless ATT and you agree otherwise in writing, any date of delivery furnished by ATT will be an estimate only. ATT will not be liable for any delay whatever the cause and will not be liable for any loss or damage suffered by you as a result of any delivery not made on the delivery date furnished by ATT
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per customer account. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the credit application or, in the absence of a credit application, the account application was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this site.
You accept that a certificate issued and signed by the Chief Financial Officer (CFO) of ATT, will be and is a correct reflection of the transactions between you and ATT and constitutes prima facie proof of such amount and that the balance due indicated by him/her will be the correct amount due to the ATT at the date of the certificate.
You have 7 (seven) days from dispatch of ATT’s statement of account to object to any item therein contained, should you not object the account shall be deemed accepted and in order.
You accept that payment terms are strictly cash, alternatively 30 days from date of statement if so agreed by ATT. In the event that no credit facility has been applied for and granted by ATT, payment is required prior to ordering of the goods by you.
In the event of you effecting payment by means of a cheque and/or electronic funds transfer (EFT), payment will only be deemed to have been received once the monies have been cleared into ATT’s bank account.
All payments to ATT are made free of exchange and/or any charges levied by any financial institution.
You agree that any facility granted to you will carry interest equal to the prime interest rate levied by ATT’s Bankers at the time, plus 3% on amounts outstanding for longer than 30 days. Interest is compounded from date of invoice. The interest rate may be certified by any manager of ATT’s bankers whose appointment, capacity or authority it will not be necessary to prove and such certificate shall constitute prima facie proof of such amount.
You accept that until such time as you have paid the purchase price in full in respect of haulage, storage and/or related services, ATT will have a lien/retention right in and to all of the goods and/or all and any goods transported and/or stored on your behalf. ATT shall be entitled to take possession of any such goods which have not yet been paid for in respect of an overdue amount.
No sales representative, employee or agent other than one of the Directors of ATT shall have the authority to grant you any facility or increase same.
ATT may at its sole discretion grant, refuse or withdraw the facility at any time without prior notice to you.
You agree that ATT may from time to time inspect your books or records and may take possession of such books or records.
GIFT VOUCHERS AND COUPONS
ATT may from time to time make physical or electronic gift vouchers and promotional coupons or discounts available for use on the Website towards the purchase of ATT Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to email@example.com
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal and/or company information.
ATT will not, without your express consent use your personal or company information for any purpose other than as set out below:
In relation to the ordering, sale and delivery of goods;
to contact you regarding current or new goods or services or any other goods offered by us and/or partners to inform you of new features, special offers and promotions offered by us and/or partners (unless you have opted out from receiving marketing material from us); and
to improve our product selection and your experience on the Website.
ATT will not disclose your personal information to any third party other than as set out below:
to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods or when delivering goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
to law enforcement, government officials, fraud detection agencies, credit bureaus or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
We will ensure that, as far as reasonably possible, all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.