Bathrooms 4U – Terms & Conditions (Version 1.0)
By using this website (herein “Website”) you acknowledge that you have read, understand and agree to be bound by these terms and conditions (herein “Terms”).
If you do not understand and agree to these Terms, or are not legally entitled to so agree, then you may not access or use the Website.
- The Website is operated by Bathrooms 4U Stellenbosch Proprietary Limited, with further information as set out below.
- These Terms govern your access to and use of the Website.
- Your special attention is drawn to the paragraphs in these Terms marked in bold, as such clauses may be onerous in nature.
- We reserve the right to revise these Terms from time to time, with the revised Terms taking effect on the date of its publication on the Website. It is your responsibility to stay informed of all such changes, and your continued use of the Website will constitute your deemed acceptance to be bound by such changes.
|Place of registration||South Africa|
|Office bearers||Hendrik Jacobus Schutte
|Physical address where we will receive legal service of documents||15 George Blake Street,
|General telephone number||[…]|
|General email address||[…]|
3. No offer
- The information contained on our Website is for general information purposes only and not intended to constitute an offer to do business or to sell any goods. If you are interested in doing business with us, you are invited to contact us using the contact information provided on the Website.
4. Usage restrictions
You may not directly or indirectly:
- attempt to overcome any security features of the Website;
- place an undue burden on this Website by making a high volume of requests in short succession
- access this Website by automated means, except in the case of a bona fide search engines indexing public pages; and
- use the Website to post and/or distribute material that is obscene, threatening, violent, racial, defamatory, offensive or otherwise unlawful.
- We reserve the right to take any steps necessary to preserve the security, integrity and reliability of the Website.
- We may, in our sole discretion, terminate or suspend your access to the Website, including (without limitation) in the case:
- you breach any of these Terms; or
- we are required by law to do so.
- Unless we seek your express prior consent, we will only collect, store, use and otherwise process the personal information you provide to us to make available this Website and its features to you and to fulfil any requested quotes.
- We may collect and analyse aggregate, non-personally identifiable data pertaining to the access and use of our Website.
- While we will take such care as required by applicable law to protect your personal information, we do not undertake that our Website and your personal information can never be compromised. There is a risk inherent in the use of Internet-based technologies which you acknowledge and accept.
6. Intellectual property rights
- For purposes of this clause, the term “Intellectual Property” means all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets goodwill and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives and embodiments of the afore going.
- The Intellectual Property vesting in this Website and any communication we send is owned by us. You are authorised to view the content published on this Website and for no other reason whatsoever.
7. Third-Party Content
- We may provide links to other third-party websites and content (herein “Third-Party Content“) on this Website.
- You acknowledge and agree that such Third-Party Content is outside of our control and accordingly that we shall not have any duty and liability in respect thereof.
- You acknowledge and agree that we will not be held liable, directly or indirectly, for the information provided by Third-Party Content nor for any loss or damage resulting from your access to and use of the Third-Party Content.
8. Disclaimers, limitations of liability and indemnities
- We do not warrant or represent that this Website will be error free.
- We do not warrant or represent that this Website will always be accessible.
- To the maximum extent permitted by applicable law, we will not be liable for any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your use of this Website.
- To the maximum extent permitted by applicable law, you agree to indemnify us from any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your breach of these Terms.
9. Notices and address for service
- Each of us hereby choose as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under these Terms, whether in respect of judiciary process or otherwise, our nominated physical address or email address (herein each a “Notice Address“) being in our case of the details provided in these Terms and in your case the current Notice Address(es) you provide us when requesting a quote. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 9.
- Any notice served on a Notice Address before 17h00 in the recipient’s time zone shall:
- if delivered by hand, be deemed to have been received on the day of delivery; or
- if sent by email, be deemed to have been received on the date when it is capable of retrieval by the recipient.
- In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient’s time zone, then delivery shall be deemed to have taken place on the next day.
- A delivery or read receipt generated by a sender’s email client shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.
For purposes of these Terms:
- the rule of interpretation that a contract will be interpreted against the party responsible for the drafting and preparation thereof will not apply;
- unless the context shows otherwise, a clause which includes a specific example or examples will not be construed as limiting the meaning of the general wording preceding it; and
- the termination or expiry of these Terms will not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.
- Applicable law. This Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. Unless and to the extent expressly agreed otherwise in this Terms, the we agree that the High Court of South Africa, Western Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from this Terms.
- Whole agreement. This Terms constitutes the whole agreement between us as to the subject matter hereof. None of us shall have any claim or right of action arising from any undertaking, representation or warranty not included in this Terms.
- Each provision of these Terms is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms will remain binding and continue with full force and effect.
- Cost of legal services. Each of us will pay its own costs and expenses incurred by it in connection with the negotiation, drafting, re-drafting, entering into and implementation of legally binding documents. Should any one of us instruct attorneys to take any steps to enforce any rights in terms of this Terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.