TERMS AND CONDITIONS OF SALE AND USE
“Affiliates” means in respect of a person, any person which controls (directly or indirectly) that person and any other person controlled (directly or indirectly) by such first mentioned person, including, where a person is a company, the ultimate holding company of such person, any holding company of such person and any subsidiary (direct or indirect) of such holding company.
“The Company/ Our/ We” means the person as identified in the cover sheet and any Affiliates.
“Data Protection Laws” means the Protection of Personal Information Act 4 of 2013.
“Order”, means the instruction placed by a User directly to the Company, or its sales representative or its Affiliates for the Company to supply the Product.
“Personal Information”, means any personal details which the User provides in any way through the use of this Site, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address, IP address, financial information, personal opinions and name of the User’s employer and any other type of personal information as defined in the respective Data Protection Laws, each of which forms a separate data tag of information on the Site.
“Product”, means all the full suite of manufactured or modified products and services offered within the Republic of South Africa and outside the Republic of South Africa by the Company or its Affiliates directly or indirectly, to the User, as amended from time to time.
“User/s”/ “You”, means the person who elects to insert their Personal Information on the Site for the purpose of browsing the Site or contacting the Company, which information is to be processed and which Terms and Conditions apply to the User, as the context indicates.
“Site”, refers to www.snymantransport.com, a website owned by IJ Snyman Transport and accessible via the internet network.
1. REGISTRATION, SCOPE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
The Site enables the Company to offer images and product description of its Product offerings to the User browsing the Site. In accordance with these Terms and Conditions, it is agreed that the User and the Company shall be jointly referred to as the “Parties”, and individually as a “Party”.
By making use of this Site and the Products offered herein, the User hereby acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions.
Please understand that if You do not accept these Terms and Conditions, You will not be able to access the full suite of any Products or Services offered on this Site.
It is stipulated that the User may make a backup copy or print these Terms and Conditions, provided that it is not modified.
The terms of our Privacy Policy must be read in conjunction and shall form part of these Terms and Conditions. These Terms and Conditions come into effect as from 1 January 2021. The Company reserves the right to change these Terms and Conditions without notice and at any time. The Terms and Conditions which were applicable when You made browse the Site.
These Terms and Conditions and any of its Annexures shall apply to the exclusion of any other document.
2. PRODUCTS ON THE SITE
A User is unable to access another User’s IP address. All Products proposed on the Site are limited to www.snymantransport.com. A User may use the contact us platform in order to query any Product listed on the Site and to subsequently place a direct Order with the Company.
3. PRICES OF PRODUCTS ON THE SITE
If prices are shown on the Site, the prices are in Namibian dollars or South African Rands and if applicable, subject to Value Added Tax, at the rate in force on the day of browsing the Site and any change in the applicable rate will be automatically reflected in the price of the Products offered by the Company on its Site and the Products will be invoiced at the price in force when an Order is placed with the Company.
4. RETENTION OF TITLE
Ownership of the Products, or if purchased and not fully paid for, in terms of these terms and conditions will at all times remain vested in the Company, or any cessionary to whom the Company cedes its rights to. The User undertakes at all material times to inform the Company of the address at which the Products is to be used and stored and to inform the owner of such premises, that ownership of the Products vests in the Company. The User undertakes to inform the Company immediately in the event of any form of judicial attachment being exercise, or any attempt to exercise any form of judicial attachment, against the Products.
5. LIABILITY
The User must use discretion before taking any action based on the information displayed on the Site. Information, ideas and opinions expressed on the Site should not be regarded as professional engineering or construction advice or the official opinion of the Company and Users are encouraged to obtain advice from a professional before taking any course of action related to the information, ideas or opinions expressed on the Site.
The Site and all content on the Site are provided on an “as is” basis, and the Company makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the Site. the Company does not warrant and accepts no liability that the functions and services provided by the Site will be interrupted or error free, or that the Site is free from viruses or other harmful components or for any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site.
The Company cannot be held liable for non-fulfilment of the Order whether placed after visiting the Site, directly to the Company due to stock shortages, especially where the end product is unavailable due to a force majeure event including but not limited to health and safety protocols.
The Company, including owners, directors, employees, officials, suppliers, agents and/or representatives shall not be liable for any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site.
The User hereby indemnifies the Company and its owners, directors, employees, officials, suppliers, agents and/or representatives from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the User’s use of this Site.
The Company does not make any warranties or representations that the Site shall be available at all times. Users acknowledge that the Site may be unavailable due to updates or other causes beyond the reasonable control of the Company, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
The User must take special note that the Company reserves the right to hold a User liable for any losses suffered by the Company to the cybercrime committed by the User on the Site.
6. INTELLECTUAL PROPERTY
The Company is the owner of this Site and the contents thereof and the Company retains all intellectual property rights thereto, whether registered or not, including all current and future content on the online platform, which is not owned by a third party, and nothing on this Site should be construed as a right to use or license of any of the intellectual property.
In accordance with the Copyright Act 98 of 1978, as amended pertaining to ownership of literary and/or artistic rights, or other similar rights, this Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, sequences whether animated or not and with or without sound, graphics, etc., to be found in this site, together with their compilation, are the exclusive property of the Company, as it does not grant any license or any entitlement other than that of browsing the Site. Any use during browsing of this Site, in whole or in part, of these elements is authorized exclusively for information purposes only for personal and private use. Any reproduction and any use thereof for other purposes being expressly prohibited.
Neither the Site (in whole or in part), nor its content or brands may be used, reproduced, duplicated, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without prior, written authorisation from the Company. Any other use will constitute an infringement.
The User’s intellectual property relating to the images on the User’s Site remain the property of the User, however, the User hereby grants the Company permission to use the intellectual property for marketing purposes, with the understanding that the User may withdraw such permission in writing.
7. APPLICABLE LAW
This Site is owned and operated within the Republic of South Africa. the Company, as well as the User, hereby agree that these Terms and Conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
8. DATA PROCESSING
You understand that your Personal Information, may be transferred unencrypted and involve (a) transmissions over various networks outside the Republic of South Africa; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
the Company will only use the Personal Information as provided for in these terms and conditions, and shall only disclose the Personal Information to the entities that are related to Us and Our service providers, certain types of Personal Information captured by You, that are necessary for the Service to be rendered. The User hereby expressly consents, by its use of the Site herein, to the collection, use, processing, storage, transfer and sharing of its Personal Information to the entities that are related to the Company, including but not limited to the Company and its service providers, provided that such processing are in line with the Data Protection Laws.
We process Personal Information in line with POPIA in order to provide the Service; assess Our ability to meet Our obligation under these terms and conditions; share with Our service providers as may be required, to protect Our interests and You hereby authorise the Company to process the aforesaid Personal Information.
You shall bear the responsibility of capturing the Personal Information and using such Personal Information to generate the Service thereof.
You have the right to access, change, correct and delete Personal Information concerning them by contacting the Company via email. You are referred to the Company’ Privacy Policy for more detail.
The User expressly consents to the Company transferring the Personal Information outside the Republic of South Africa provided the country has similar or stricter Data Protection Laws or in the event that the Company enters into third party operator agreement.