TERMS AND CONDITIONS OF USE OF THE FIRST BATTERY WEBSITE
By accessing any pages of this website of FIRST BATTERY – a division of METINDUSTRIAL (PTY) LIMITED implies that you, (“the User”) agree to be bound by the following terms and conditions of use:-
1. USAGE
1.1 Your use of this website is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.
1.2 You should carefully read the terms and conditions before you access any pages of the website or subscribe to any mailing list, transaction or other on-line forum of First Battery.
1.3 Your use is restricted to personal and non-commercial use and no adaption, modification or re-use of the text or graphics from this website is allowed except with prior written consent from First Battery.
2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The content, including wording artwork, data and software, text, graphics, icons, hyperlinks, trade marks, etc, used on the pages, documents and information appearing in this website are subject to statutory protection including copyright in terms of local and international conventions an d treaties and are the property of or licensed to First Battery.
Subject to what is said below, unless you have prior written permission from First Battery, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the sole right to use the pages, documents and information appearing on this website by downloading, storing and making copies for private use only (and non-commercial purposes) and the re-publication or re-use thereof (or part thereof), without the prior written permission from First Battery, is prohibited. All intellectual property of this website are expressly reserved.
3. DISCLAIMER
3.1 Whilst every effort has been made by First Battery and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information / images contained therein and the reliability of the data on this website, First Battery and its affiliated companies, suppliers or any of their employees, do not guarantee the availability of services, content and information offered on this website or that this website is free from errors or omissions. Users are encouraged to report any malfunctions or errors to us.
3.2 This website is supplied on an “as is” basis and the user agrees that the website is used at own risk. This website has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself that the goods or services available from and through this website will meet the user’s individual requirements and will be compatible with the user’s hardware and / or software.
3.3 First Battery makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of this website and / or the services and / or the information and / or images contained on this website, and all services are thus used at your own risk. In particular First Battery makes no warranty that the services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
3.4 First Battery shall not entertain requests for exchanges, returns and / or refunds.
3.5 This website may contain hyperlinks to third party websites. First Battery is not responsible for the content of, or the services offered by those websites. The hyperlinks are provided solely for your convenience
and should not be construed as an express or implied endorsement by First Battery of the website(s) or the products or services provided therein. You access those websites and use their products and services solely at your own risk.
3.6 It is expressly prohibited for any person, business, entity or website to represent any page on this website, including the home page, in any way whatsoever, such as framing, on their website so that it appears to be their own information.
3.7 Information, ideas, and opinions expressed on this website should not be regarded as advice or the official opinion of First Battery, unless the contrary is expressly indicated.
3.8 No agreements shall be concluded merely by sending a data message to First Battery. Valid agreements require formal written acceptance of an offer from First Battery.
4. INDEMNIFICATION
You hereby indemnify and hold First Battery harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this website, or the use of the services, information and / or images available on this website, whether due to our negligence or not.
5. PRIVACY POLICY AND SECURITY STATEMENT
5.1 All reasonable steps shall be taken by First Battery to secure a user’s information.
5.2 Users undertake not to divulge their usernames and passwords to any other person.
5.3 It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any information on this website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website shall be held criminally liable and in the event that First Battery should suffer any damage or loss, civil damages will be claimed.
6. ELECTRONIC COMMUNICATIONS
6.1. An electronic communication shall be considered to have been sent by a Director of First Battery only if:-
6.1.1. The Director sent it personally; or
6.1.2. It was sent by a person who had the required authority to act on behalf of the said Director.
6.2. Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
6.3. First Battery shall not be responsible for the proper and / or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
6.4. Whilst First Battery does utilize virus filtering, it provides no guarantees or warrantees that any electronic communications are virus-free.
7. PASSWORD
If you have a password you undertake to keep it secure and warrant that no other person shall use the services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the services is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.
8. TERMINATION AND VARIATION
First Battery reserves the right to alter, restrict and / or terminate the website services to you in particular or to the public in general, without notice or reason, or to revise these terms and conditions, and / or the prices at which the services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the services. The obligation therefore is on you to review these terms and conditions at regular intervals.
9. GENERAL
9.1. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa and you shall submit to the jurisdiction of the South African Courts.
9.2. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining terms and conditions which shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
9.3. First Battery’s failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
9.4. These terms and conditions, as varied by us from time to time, pursuant to Clause 7 above constitute the sole agreement between yourself and ourselves.
9.5. These terms and conditions shall be for the benefit of First Battery and may be waived by us in our sole discretion.
10.DOMICILIUM
First Battery chooses as its domiciliumcitandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communication of whatsoever nature.
