This Agreement shall be binding & of full force & effect against every person, whether natural or juristic, including their employees & assigns (“you” or “your”), which accesses or makes use of the Website, whether you are registered or not.
By your acceptance of this Agreement, through clicking where appropriate on the pop-up banner, you acknowledge that you have read & agree to be bound by this Agreement.
This Agreement contains certain provisions which are emboldened in a similar manner to the text of this clause, which:
- 1. limit the risk or liability of ACDC or a third party; &/or
- 2. create risk or liability for you; &/or
- 3. may compel you to indemnify ACDC or a third party; &/or
- 4. serve as an acknowledgement by you of a fact.
Nothing in this Agreement unlawfully restricts, limits or avoids any of your rights or obligations in terms of the Consumer Protection Act.
You accordingly indemnify & agree to hold ACDC harmless against liability for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature), arising out of or in connection with your access of or use of, or inability to access or use, the Website &/or any content therein.
Any views or statements made or expressed on the Website are not necessarily the views of ACDC, its directors, employees, agents &/or assigns.
In addition to the disclaimers contained elsewhere in this Agreement, ACDC makes no warranty or representation, whether express, implied or tacit, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any h&set or mobile device, hardware or software in any way.
You accordingly accept all risk associated with the use of the Website, with specific reference to the type of malicious software described above, save where such risks arise due to the gross negligence or wilful misconduct of ACDC, its employees, agents or authorised representatives, the onus for proving which will rest upon you.
ACDC shall not be held liable for any inaccurate information present upon the Website or any discrepancies in prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of ACDC, its employees, agents or authorised representatives.
Your personal information is kept private & stored securely as far as is reasonably possible. Every effort has been made to ensure a safe & secure form to email submission process, but should you use such form to email processes, you do so at your own risk.
ACDC uses any information submitted to provide you with further information about the products / services it offers or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the Website or ACDC operates, but only if you have elected to so subscribe, or in instances wherein you have previously purchased, or enquired about purchasing, a product or service from ACDC to which the email newsletter relates.
Your personal information will not be passed or sold to any third parties unless specifically stipulated to the contrary in this Agreement.
This Agreement does not contain an exhaustive list of your user rights regarding receipt of email marketing material.
You hereby warrant that all personal information provided through the Website is accurate & current, & that you shall not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
ACDC shall be entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on ACDC, criminal procedure or to protect & defend ACDC’s rights or property.
Whilst ACDC shall do all things reasonably practicable in order to protect your personal information & right to privacy, ACDC does not & cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information.
You accordingly grant express written permission for the Website servers in such instances collecting the IP address of your computer, but not the email address or any other distinguishing information.
This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, & other information of the like.
ACDC uses this information to determine use of the Website, & to improve the content thereof.
ACDC assumes no obligation to protect this information, & may copy, distribute or otherwise use the information.
ACDC receives & stores all information, including personal information, which you enter on the Website or give to ACDC, in any other way. You may choose not to provide certain personal information, but that may limit the services or products that you are able to obtain from ACDC ancd the Website.
ACDC provides its products & services in conjunction with its affiliates & subsidiaries. In this regard, unless specifically restricted, expressly grant in writing to ACDC a non-exclusive, royalty-free, perpetual, irrevocable & fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, & display such Information throughout the world in any media.
Your information that is required by affiliates & subsidiaries to give effect to transactions that you choose to provide, is shared with those entities.
When it conducts a survey, ACDC must inform you as to how the information gathered will be used, & provide you with the opportunity to opt-out from such surveys.
Despite terms herein to the contrary, ACDC may choose to use personal information to compile profiles for statistical purposes & may choose to trade with such profiles & statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject.
ACDC cannot guarantee or verify the contents of any external web links, despite its best efforts to do so. You therefore access on external web links present on the Website entirely at your own risk.
You are advised to use social media platforms wisely & to communicate upon them with due care & caution, having regard to their respective privacy & personal details policies.
ACDC will never ask for personal or sensitive information through social media platforms & encourages you to contact it through primary communication channels such as by telephone or email, should you wish to share any information personal to you.
The Website may use social sharing buttons, which help share web content directly from web pages to the social media platform concerned. You are advised before using such social sharing buttons that you do so at your own discretion & risk & that the relevant social media platform may track & save your request to share a web page through your relevant social media platform account itself.
Cookies are small files saved to the user’s computer’s hard drive that track, save & store information about the user’s interactions & usage of the relevant website. This allows ACDC, through its server, to provide you with a tailored experience within the Website.
You are advised that if you wish to deny the use & saving of cookies from the Website, you should take necessary steps within your web browser’s security settings to block all cookies from the Website & its external serving vendors.
Other cookies may be stored on your computer’s hard drive by external vendors when the Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion & referral tracking & typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
For the above reasons, any information present on the Website does not, by itself, meet the requirements for a binding quotation. Any disputes raised by you wherein a screen capture of the Website is sought to be used as the only proof of a required price, will not be accommodated. If you require confirmation of a specific price or stock levels, you will be required to do so by requesting a quotation through the Website. Any information provided on an official ACDC quotation sent to you via the Website may be considered binding for 7 days from the date of the quote, as stated thereupon.
Please note that when requesting a quote on an item where there is no stock available, depending on the new cost of the item from our supplier, it might be necessary for us to requote the price originally quoted. In these instances we will give clear notification when a price cannot be kept at the same level as the original quote, and we will also provide a new quote to override the older one.
ACDC takes all reasonable efforts to accurately reflect the description, images, availability & purchase prices of goods advertised on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on such error/s.
In order to prevent fraudulent transactions, you will not be able to link your credit accounts as aforesaid, or amend your account information, until ACDC has contacted you & attained confirmation of the proposed link. ACDC reserves the right to contact you by whatever means it chooses, & to request answers to certain security & identity related questions. Your failure to correctly answer the aforesaid questions may, at ACDC’s sole discretion, result in you being denied access to the Website.
Once your account has been linked to the Website, all transactions made using the Website will be deemed to be taken on your behalf. The onus of proving otherwise shall rest on you.
You will be liable for any actions taken on the part of ACDC, due to activity on your account linked to the Website. ACDC cannot be held responsible for any fraudulent activity committed by any individual or entity which has/have logged into your account using your details & password.
You agree that, once the correct username & password relating to your account have been entered, irrespective of whether the use of the username & password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with this Agreement.
You agree & warrant that your username & password shall not be disclosed by you to any third party.
You agree to notify ACDC immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username & password & to take steps to mitigate any resultant loss or harm as instructed by ACDC.
Full support for managing online accounts is available through ACDC’s head office during normal office hours.
No variation of amendment of this Agreement shall be of force & effect unless reduced to writing & signed by both ACDC & you. Email & electronic communication are expressly excluded as falling within the ambit of the aforesaid.
You may not in any way display, publish, copy, print, post or otherwise use the Website &/or the information contained therein without the express prior written consent of ACDC.
ACDC will, as far as is reasonably practicable, maintain the availability of the Website, except during scheduled maintenance periods, & is entitled to discontinue providing the Website or any part thereof with or without notice to you.
You may not cede, assign or otherwise transfer your rights & obligations in terms of this Agreement to any third party.
Any failure on the part of ACDC to enforce any rights in terms of this Agreement shall not constitute a waiver of those rights.
If any term or condition contained herein is declared invalid, the remaining terms & conditions will remain in full force & effect.
In the event of ACDC instituting legal action against you arising out of your breach of this Agreement, you hereby irrevocably agree to pay to ACDC all costs involved in such legal action, including collection commission, on the attorney & client scale.
ACDC DYNAMICS (PTY) LTD, duly registered as such in accordance with the laws of the Republic of South Africa, with registration number: 2018/631621/07, with VAT registration number: 4290140500, with its physical address at 26 Nguni Drive, Longmeadow Estate West, Edenvale, Gauteng South Africa.
In the event that you need to contact ACDC for purposes related to this Agreement, please use the following details:
Telephone: +27 010 202 3300
Fax: + 27 010 202 3365
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The Website was most recently updated on 5 June 2019