Website terms and conditions.

These Terms and Conditions are applicable to your access and use of this website. Please read these Terms and Conditions carefully. Your continued use of this website will mean that you have read, understood and accepted these Terms and Conditions. If you do not agree to these Terms and Conditions and/or the privacy policy, you should discontinue the use of the website.

  1. Introduction
    1. This website and any pages comprising of the website, which is accessible at www.perpetualpower.co.za ("website"), is made available by Perpetual Power Systems Africa Proprietary Limited, registration number 2008/026264/07 whose address is at Unit 4, Stand 68, Capital Hill Office Park, Halfway House, South Africa ("Perpetual Power Systems Africa", "we", "our, or "us"), to you subject to these terms and conditions ("Terms and Conditions").
    2. Any reference to "Perpetual Power Systems Africa", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
    3. These Terms and Conditions apply to any person who uses, accesses, refers to, views and/or downloads the information made available by us on the website ("Content") for whatever purpose ("users" or "you" or "your").

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  1. Your Acceptance of the Terms and Conditions
    1. By accessing, using and/or downloading any Content from the website in any way, you agree that you enter into a legally binding contract with us upon these Terms and Conditions and our privacy policy which is accessible at ("Privacy Policy"). If you do not agree to the Terms and Conditions or the Privacy Policy, please do not continue to access, use or download any Content from the website.
    2. You may 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, you should contact us via email: legal@perpetualpower.co.za.
  2. Modification of Terms and Conditions
    1. We may at any time update, amend or modify the Terms and Conditions at out our sole discretion, and your continued access or use of the website and our Content will be subject to the Terms and Conditions in force at the time of your access or use of the website.
    2. If you do not agree with any updates, amendments or modifications, you must not continue to use the website or our Content.
  3. Acceptable Restrictions of Use
    1. You may not use the website to obtain or distribute:
      1. copyrighted material or material protected by law without our prior written consent; or
      2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
    2. You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the website or our services.
    3. You are strictly prohibited from using the website for "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. You are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
    5. You shall not intercept any information transmitted to or from us or the website which is not intended by us to be received by you.
    6. You are not permitted to create a hyperlink or similar reference whether electronically or otherwise to the home page or any other page of the website without our prior written consent.
    7. Subject to the further provisions of these Terms and Conditions, the website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the website or the Content.
    8. Any restrictions on the use of the website or the Content shall also apply to any part of the website or the Content which may be cached when using the website or the Content.
    9. In addition, you shall not and shall not allow a third party to:
      1. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatever;
      2. remove any product identification, copyright or other notices, from the Software or documentation;
      3. lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice's hardware; or
      4. disseminate performance information or analysis of the Software from any source relating to the Software.
  4. Content of the Website
    1. Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the website, the Content of the website is intended for your general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
    2. You understand and agree that the information, details and descriptions set out on this website, including the details regarding the prices, products and our services may change from time to time. This website may therefore not always contain the correct or most up-to-date information, details and descriptions. You are advised to contact us at legal@perpetualpower.co.za before using or relying on the information on the website.
  5. Exclusion of Warranties and Representations
    1. To the extent allowed by law:
      1. the website, and the Content is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It shall be your own responsibility to ensure that any products, services or Content available through this website meets your specific requirements; and
      2. the website and the Content are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.
  6. Indemnity
    1. To the extent allowed by law, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from:
      1. your use of and access to the website and/or the Content;
      2. your violation of any term of these Terms and Conditions;
      3. your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
    2. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and Condition and your use of the Website.
  7. Limitation of Liability
    1. Subject to paragraph 8.2 below, neither us nor any of our successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the website or Content provided from and through the website. Furthermore, we make no representations or warranties, implied or otherwise, those, amongst others, the content and technology available from the website are free from errors or omissions and shall be 100% uninterrupted and error free. The provisions of this paragraph 8.1 shall constitute a stipulatio alteri in favour of our officers, subsidiaries, affiliates, successors, assigns, directors, employees and/or representatives.
    2. No provision of these Terms and Conditions (or any contract governed by these Terms and Conditions):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
      2. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
  8. Copyright and Intellectual Property Rights
    1. This website contains Content which is owned by or licensed to us, and is protected by South African and international intellectual property laws. We reserve all rights (including all intellectual property rights) not expressly granted herein to the website and the Content we make available on or via the website.
    2. This Content includes, but is not limited to, the text, design, layout, look, appearance and graphics. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the any Content or any component thereof is prohibited. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the website are the registered and unregistered trademarks of Perpetual Power Systems Africa or its affiliates, subsidiaries or holding companies.
  9. Links to Other Web Sites
    The website may contain external links to third party websites ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Hyperlinks provided to Third Party Websites are provided "as is" and we do not necessarily agree with, edit or sponsor the content on such Third Party Website. No person, business or website may frame this website or any of the pages on this website in any way whatsoever endorse or take responsibility for the content, privacy policies and views expressed in or by any third-party websites.
  10. Personal Information and Privacy
    1. We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
    2. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.
  11. Consumer Protection Act
    If these Terms and Conditions (or any contract governed by these Terms and Conditions) are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms and Conditions contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
  12. Governing Law
    These Terms and Conditions shall be governed by the laws of the Republic of South Africa and you consent to the jurisdiction of the High Court in the event of any dispute.
  13. Severability
    If any provision or provisions of these Terms and Conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
  14. Our Contact Details
    1. We choose the address set out in paragraph 1.1 above as the place at which we will accept service of legal process for all purposes under these Terms and Conditions or communication of whatsoever nature.
    2. In the event of any complaint relating to our website you may communicate your complaint to us via email: legal@perpetualpower.co.za.

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