“DIESELTESTING.CO.ZA” Website usage: Terms and conditions
Welcome to “DIESELTESTING.CO.ZA” As a customer of “DIESELTESTING.CO.ZA” you (for the purposes hereof “you” shall be deemed to be the “User” and vice versa, as the case may be) are permitted access to the DIESELTESTING.CO.ZA website to view and securely purchase our advertised products (the “Products”), subject to the terms and conditions set out herein.
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”):
- constitute an Agreement between “DIESELTESTING.CO.ZA” (hereinafter referred to as “DIESELTESTING.CO.ZA”) and you (the “User”)
- governs our respective rights and obligations in respect of your access to and use of the website hosted at the domain name “DIESELTESTING.CO.ZA” (the “website”) and the purchase of Products from the website.
By accessing and using the Website, you agree to be bound by the Terms and Conditions set out in this legal notice. If you do not agree to theseTerms and Conditions then kindly refrain from accessing and using the website.
By purchasing Products and / or accessing and using the website you admit that you have read, understood and agreed to the terms and conditions as set out herein and furthermore you signify your agreement to be bound by the terms and conditions (as amended from time to time). “DIESELTESTING.CO.ZA” may at any time amend any of its terms and conditions and such amendments will supersede and replace any previous terms and conditions. The amended terms and conditions will be made available on the website. Each time you access the website, you agree to be bound by the latest terms and conditions, to the exclusion of all other terms and conditions and your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Use of “DIESELTESTING.CO.ZA”
You may only use the website to browse the content, make legitimate purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. The website and the content provided therein (the “Content”) may not be reproduced, republished, copied, varied, uploaded, posted, transmitted or distributed and the User may not access, display, use, download, and/or otherwise copy or distribute the Content obtained on the website for marketing or any other purpose without the written consent of “DIESELTESTING.CO.ZA”. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of the website and/or the materials contained thereon may violate applicable intellectual property or other laws.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
“DIESELTESTING.CO.ZA” does not make any warranty or representation that information and the Products advertised on the website are appropriate for use anywhere in the world. By accessing the website, you warrant and represent to “DIESELTESTING.CO.ZA” that you are legally entitled to do so and to purchase the Products made available thereon.
“DIESELTESTING.CO.ZA” does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to “DIESELTESTING.CO.ZA” that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
By using the Website or communicating with “DIESELTESTING.CO.ZA” by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Product availability, orders and confirmation
All Products advertised on the website are subject to availability and constitute an invitation by “DIESELTESTING.CO.ZA” to you (the User) to make an offer to purchase the Products. Orders placed by the User on the website constitute the User’s offer to purchase the Products so ordered, save that any such offer to purchase does not constitute any guarantee that what is being ordered will in fact be available. Orders cannot be withdrawn by the User unless expressly agreed to by “DIESELTESTING.CO.ZA” in writing. As we process your order, we will inform you by email if any Products you order are unavailable
Receipt of confirmation of the order shall constitute acceptance by “DIESELTESTING.CO.ZA” to process the order. Although the website is designed to confirm receipt of orders, technical or other problems may delay or prevent communication of such confirmations. If you do not receive a confirmation from “DIESELTESTING.CO.ZA” then do not resend your order as this may lead to a duplicate order for which you will be held liable. The transaction will only be deemed to have been concluded once the Product selected and ordered by the User has been collected and / or delivered in accordance with the agreed process.
Whilst every effort will be made to expedite delivery of the Products ordered, delivery times are estimates only and we are not liable for any late deliveries.
“DIESELTESTING.CO.ZA” is entitled, on notice to the User, to reject or cancel any order without giving reasons therefore.
“DIESELTESTING.CO.ZA” reserves the right to verify the identity of any User or the payment method used. This may require you being required to, inter alia, send us a copy of your identity document or passport, a copy of the front and back of your credit card and/or acceptable proof of residence. Failure to do so may result in us cancelling your order without reason.
Despite our best efforts, a small number of our Products could be priced incorrectly. If a Product’s correct price is lower than our stated price, we will charge the lower amount and if a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Accordingly “DIESELTESTING.CO.ZA” will not be obligated to sell such Product at the incorrect price. All prices are excluding VAT unless indicated otherwise.
Initially the website will only facilitate the ordering of products all payments will be made via Electronic Funds Transfer (EFT).
Confirmation of payment will only occur once the funds are reflected in the “DIESELTESTING.CO.ZA” bank account and only then will the order be processed.
Refund and Return Policy
“DIESELTESTING.CO.ZA” cannot guarantee the replacement of returned products, as this is subject to stock availability.
Users may only return a Product or request a refund if:
- the Product is damaged prior to collection / delivery;
- the Product is faulty on collection / delivery; or
- the incorrect Product was collected / delivered.
In such a case, no returns or refunds will be accepted after 7 (seven) days of collection / delivery of the Product.
The Product will not, under any circumstances, be returned or refunded if the Product is returned without the original packaging. In the event that the product is faulty on collection / delivery, “DIESELTESTING.CO.ZA” reserves the right to first attempt to remedy the fault, prior to considering your request for a refund.
In cases of unavailability, “DIESELTESTING.CO.ZA” will refund the User in full within 30 days. Cancellation of orders by the User will attract a 15% charge for administration costs and a 15% handling fee.
“DIESELTESTING.CO.ZA” reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet “DIESELTESTING.CO.ZA’s” standards. Should “DIESELTESTING.CO.ZA” exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the Products purchased by Users through the website (e-commerce facility) should be directed to the marketing manager: firstname.lastname@example.org .
Cooling off period
In addition to the rights set out above, if you qualify as a consumer in terms of the Electronic Communications and Transactions Act 25 of 2002 (the “ECT Act”) you may enjoy certain cooling-off rights in terms of which you can cancel any transaction for the supply of goods within 7 (seven) days after the date of receipt of the goods, without reason or penalty. This does not apply to certain goods or services since the ECT Act specifies that the cooling off provisions do not apply to electronic communications where the goods are clearly personalised.
Warranties, Disclaimers and Limitation of Liability
Save as set out in the terms and conditions, “DIESELTESTING.CO.ZA” makes no warranties, representations, statements or guarantees (whether express, implied or otherwise) regarding the website and the Products.
Neither “DIESELTESTING.CO.ZA” nor its members, officers, agents or employees shall be liable for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your use of the website and/or any information contained on the website and/or your purchase or use of the Products. Without limiting the generality of the aforegoing, neither “DIESELTESTING.CO.ZA” nor its members, officers, agents or employees shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which is necessary to ensure the availability of the website.
You hereby indemnify “DIESELTESTING.CO.ZA” and its members, officers, agents and employees against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, “DIESELTESTING.CO.ZA” shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of any of the Products.
Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of “DIESELTESTING.CO.ZA”. Users should conduct their own investigations into the Products prior to acquiring them.
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. “DIESELTESTING.CO.ZA”, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither “DIESELTESTING.CO.ZA” shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, the Products or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if “DIESELTESTING.CO.ZA” is expressly advised thereof.
“DIESELTESTING.CO.ZA” only provides for the delivery of products no collection points or facilities are available.
Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. A “DIESELTESTING.CO.ZA” representative will attempt to contact you to make new arrangements for delivery or collection.
“DIESELTESTING.CO.ZA” reserves the right to charge an additional delivery fee should it be required to make a further delivery if no one is at the delivery address to receive the Products.
“DIESELTESTING.CO.ZA’s” liability for failing to deliver the Products on the day indicated by you where you have chosen to receive delivery at a later date, or at all, is limited to the Products being delivered at a later agreed time at no additional charge.
You are required to ensure that you or an authorized person shall be in attendance at the delivery address and that appropriate access will be made available.
Kindly take note that “DIESELTESTING.CO.ZA” has outsourced all delivery arrangements. Accordingly, “DIESELTESTING.CO.ZA” shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the contracted courier, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
Payments can be made with EFT transactions, and by bank deposit, the order will only be processed once the funds have been cleared by the bank and credited to “DIESELTESTING.CO.ZA’s” bank account.
“DIESELTESTING.CO.ZA” shall have the right, but shall not be obligated, to monitor any activity and content associated with the website. We may investigate any complaints or reported violations of the terms and conditions and we reserve our rights to take any and all such actions as we may deem appropriate under the circumstances.
When you visit the “DIESELTESTING.CO.ZA” website or send e-mails to us, you are communicating with us electronically and accordingly you consent to receive communications from us in an electronic format. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must log off once you have finished using the website. If you do not do this, unauthorised transactions may result. “DIESELTESTING.CO.ZA” will not be liable for such unauthorised transactions.
Disclosures required in terms of Section 43 of the Electronic
Communications and Transactions Act 25 of 2002
Company Name: MARKER SOLUTIONS cc T/A DIESELTESTING.CO.ZA
Postal address : PO Box 495, Strathavon, 2031, Johannesburg, South Africa
Telefax number : 086 746 0014
Telephone number : 087 575 3568
Website address: www.dieseltesting.co.za
E-mail address : email@example.com
Company registration number : 2001/021519/23
Vat Registration Number : 4630197087
Country of incorporation: South Africa
You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.
This Website is controlled, operated and administered by “DIESELTESTING.CO.ZA” from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the Products sold on the Website is illegal, is prohibited. The User and / or User 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. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the North Gauteng High Court, Pretoria, South Africa in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between DUAAL MOBILE and the User with regard to the use of the Content, this Website,the Products sold or any matter related to or in connection therewith.
Privacy and Data Protection: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. “DIESELTESTING.CO.ZA” uses this information to determine use of the Website, and to improve Content thereon. . “DIESELTESTING.CO.ZA” assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Where personal information pertaining to the User is required to be submitted on the website, this information will be kept confidential and will only be disclosed to third parties if DIESELTESTING.CO.ZA is under a legal obligation in terms of any prevailing laws to make such a disclosure. The information may be used by DIESELTESTING.CO.ZA to exploit marketing and promotional opportunities for the Products, in instances where the User has consented to receiving such marketing and promotional material.
Copyright and Intellectual Property Rights
“DIESELTESTING.CO.ZA” provides certain information on the Website. The Content currently or anticipated to be displayed at this Website is provided by “DIESELTESTING.CO.ZA”, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright to “DIESELTESTING.CO.ZA”, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. “DIESELTESTING.CO.ZA” reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User and / or User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. DIESELTESTING.CO.ZA is a trademark of IMDEX (PTY) LTD.
A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to what content was published or functionality was available on the website at a specific point in time.
The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and “DIESELTESTING.CO.ZA” on delivery/collection of the Product.
“DIESELTESTING.CO.ZA” shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions.
The headings appearing in these terms and conditions are inserted for convenience only and will not be taken into account when interpreting these terms and conditions.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
“DIESELTESTING.CO.ZA” will not be held responsible for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any vis major or other cause which is beyond it’s reasonable control.