Terms of Service

Water Delivery, Cape Town – Terms of Service

These Terms of Service are effective as of: 01.02.2018 “Effective Date”

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE AND/OR USING OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND/OR OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE AND/OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

  1. Introduction

 

  • This site [www.waterdelivery.capetown], is made available, and owned by, K2018050668 (SOUTH AFRICA) (Pty) Ltd (bearing registration 2018/050668/07) (hereinafter referred to as “Water Delivery”, “Water Delivery Website” “Website”, “we”, “our”, or “us”). Any reference to ” Water Delivery”, “we”, “our”, “us” or shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

 

  • These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any person who uses the Services, accesses, refers to, views and/or downloads any information or material made available on our Website for whatever purpose (hereinafter referred to as “User”,  “Users”, “you” or “your”).

 

  • Accessing and/or use of the Website and/or our Services, alternatively, accepting a quotation which references the Terms herein, and/or completing a form on the Website, after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you utilise or engage Water Delivery. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

  • To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website, as indicated above, unless a later date is otherwise stated in the revised Terms. Your continued use of the Website and/or the Services will be construed as your consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of your use. Your only remedy, should you not agree to these Terms, is to stop your use of this Website.

 

  1. Terminology

 

  • The following terminology applies to these Terms:

 

  • “Party” or “Parties” refers to a User and/or Water Delivery, as the context requires;

 

  • “Services” shall refer to the delivery and distribution of non-potable water and/or related equipment, tanks, services and the like.

 

  • Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

  1. Your Agreement to these Terms

 

  • Subject to, and on the basis of your acceptance of the Terms, Water Delivery grants you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

 

  1. Service Fee

 

  • In consideration for the Services Water Delivery charges an amount to Users which is dependent upon the type of Service as well as the delivery preferences and location as selected by the User, which amount shall be inclusive of any applicable Value Added Tax (“VAT”) (the “Service Fee”).

 

  • Depending on a user’s selection, Service Fees shall be effected via electronic funds transfer or the payment gateway infrastructure on the Website, provided via an independent third party payment service provider, currently, PayFast. Users are encouraged to consult the PayFast website located at www.payfast.co.za to familiarise themselves with the security protocols and other policies in place and which may apply to any transaction conducted through PayFast.

 

  • Only Service Fee payments made via PayFast or electronic funds transfer shall be processed. Service Fee payments made via Payfast in a currency other than South African Rand (“Rand”), if accepted by Payfast, shall be converted into Rand at Water Delivery’s financial institution’s then-current market rate of exchange. Service Fee payments made by electronic funds transfer will only be processed and accepted if made in South African Rands.

 

  1. Delivery of the Services

 

  • We will, to the best of our ability, deliver the Services at the time and place as indicated to you prior to delivery of the Services. However, you agree to indemnify Water Delivery, as per clause 8 below, should we fail to deliver the Services to you on time.

 

  1. User Content

 

  • Certain areas of this Website may permit Users to submit information, addresses, data, text, email addresses and the like (each, a “User Submission”). Users are solely responsible for all User Submissions but each User Submission is considered confidential and subject to the terms and conditions of the Privacy Policy.

 

  • Further, Water Delivery does not guarantee that the subsequent ability to edit or delete any User Submission.

 

  • In submitting any User Submission, Users make the following representations and warranties:

 

  • all rights in and to such User Submissions are obtained by such User, or, alternatively, all necessary rights in and to such User Submissions providing the rights in and to such User Submissions as described in these Terms have been obtained;

 

  • User Submissions do not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;

 

  • User Submissions do not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

 

  • User Submissions do not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party;

 

  • User Submissions do not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

 

  • By submitting a User Submission, Users grant Water Delivery an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to we are not responsible for any loss, theft, or damage of any kind to any User Submissions.

 

  1. Refund Policy

 

  • Refunds will only be permitted in the sole, unfettered and absolute discretion of Water Delivery, and only in limited circumstances, at the discretion of Water Delivery.

 

  • Refund requests can be initiated by sending an email to info@waterdelivery.capetown. Included in such email should be an explanation of why a refund ought to be granted by Water Delivery.

 

  • Any refunds agreed to by Water Delivery may be in the form of vouchers to the user’s credit redeemable only on the Website.

 

  1. Disclaimer and Indemnification

 

  • WATER DELIVERY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, THE QUALITY OF OUR WATER, ANY OTHER USERS OF THE SITE, INCLUDING BUT NOT LIMITED TO PARTNERS, OR THIRD PARTIES, OR ANY MATERIALS ON THE WEBSITE RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE AND/OR COMPRISING THE SERVICES.

 

  • UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, MATERIALS, THE SERVICES, THE WATER, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE OR COMPRISING THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THE TIMELINESS, WORKMANSHIP, QUALITY OF WATER, OR COMPLETION OF ANY SERVICES. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER AS A RESULT OF YOU ACCESSING OR USING THIS WEBSITE AND/OR OUR SERVICES.

 

  • Without limiting the generality of the foregoing, Water Delivery makes no warranty that any water delivered is entirely fit for intended purpose(s). This is on account of the water being sourced from natural sources.

 

  • We make no warranty as to the reliability of any information obtained through this Website as well as the contents of any water, and any damage it may cause through your utilisation of same. No advice or information, whether oral or written, obtained by a User through this Website or from Water Delivery or its third party service providers shall create any warranty enforceable as against Water Delivery.

 

  • To the maximum extent permissible by applicable laws, Water Delivery denounces any fiduciary responsibilities to any Users of the Website and/or our Services.

 

  • You hereby indemnify and hold Water Delivery harmless against all claims, demands, fines, penalties, actions, injury to person or property, proceedings, judgements, damages, losses, costs, expenses, or other liabilities of whatsoever nature caused, whether negligently or otherwise, whether arising at common law or by statute, which arise out of the rendering of our Services and/or use of the Website.

 

  1. Unauthorised Use of This Website

 

  • You are specifically not permitted to use this Website in any of the following ways (which list should not be deemed to be exhaustive of Water Delivery’s rights in this regard):

 

  • For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;

 

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;

 

  • To stalk, harass, or harm another individual;

 

  • To impersonate any person or entity or otherwise misrepresent the true state of affairs;

 

  • To interfere with or disrupt this Website or servers or networks connected to this Website;

 

  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or

 

  • Attempt to gain access to any portion of this Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

 

  1. Copyrights

 

  • The contents of the Website are the property of Water Delivery and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services is our exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

 

  • Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Water Delivery or the copyright owner, and further, should such consent be provided, Water Delivery reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

  • You are expressly prohibited to “mirror” any content, contained on Water Delivery, on any other server unless with the prior written permission of Water Delivery, and further, should such consent be provided, Water Delivery reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

  • We do not permit copyright infringing activities and infringement of intellectual property rights on Water Delivery, and we may, at our sole discretion, remove any infringing content if we are of the view that such content infringes on another’s intellectual property rights or our own.

 

  • You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Water Delivery, so long as the link does not portray Water Delivery, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Water Delivery’s logo or other proprietary graphic or trademark as part of the link without the express permission of Water Delivery, its affiliates or content suppliers.

 

  • All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Water Delivery.

 

  1. Assignment

 

  • You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. Water Delivery may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.

 

  1. Export Control Laws

 

  • You understand and agree that the software, Services and User data may be subject to import and export control laws and regulations of the Republic of South Africa or the country in which you are situated. You undertake to adhere to all applicable laws and regulations and agree not to, without prior authorisation from the government of the Republic of South Africa or of such other country which is applicable, directly and/or indirectly export, re-export and/or transfer the software and Services to any other country in contravention of such laws and regulations.

 

  1. Force Majeure

 

  • Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform the Services or otherwise in terms of these Terms, if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor Water Delivery, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.

 

  1. General

 

  • To the extent permitted by law, these Terms, and the provision of our Services, shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms and/or our Services shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

 

  • To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the Western Cape High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.

 

  1. Severance

 

  • If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by Water Delivery to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

 

  1. Domicilium Citandi Et Executandi and Contact Information

 

  • The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

 

  • Water Delivery: 205A Vineyard Centre, Corner Vineyard And Dreyer Street, Cape Town, Western Cape. Email : info@waterdelivery.capetown;

 

  • User: The addresses as provided for delivery of the Services.

 

  • A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

 

  • All notices to be given in terms of these Terms will:

 

  • be given in writing;

 

  • be delivered or sent by email; and

 

  • be presumed to have been received on the date of delivery.

 

  • Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

 

  1. Preparation

 

  • These Terms have been custom created for Water Delivery by the good folks at Legal Legends legallegends.co.za.