Diensbepalings

1. Introduction

Welcome to Cape Thermal's website (the “Site”). This website is operated by Cape Thermal (Pty) Ltd (“Cape Thermal”). By accessing or using the Site, you agree to be bound by these Terms of Service (“Terms”). Please read these Terms carefully before using the Site. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services.

2. Definitions

  • Cape Thermal: Cape Thermal (Pty) Ltd.

  • Customer: Any person or entity using the Site or purchasing products or services from Cape Thermal.

  • Site: The website operated by Cape Thermal, including all content, tools, and services available on the Site.

  • Products: Goods offered for sale by Cape Thermal on the Site.

  • Services: Any services offered by Cape Thermal, including but not limited to online services and customer support.

  • Content: Any information, text, graphics, images, videos, or other materials available on the Site.

  • Agreement: This Terms of Service document.

3. Use of the Site

  • Eligibility: You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old or have the consent of a parent or guardian to use the Site.

  • Permitted Use: You may use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site:

    • In any way that violates any applicable federal, state, local, or international law or regulation.

    • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

    • To impersonate or attempt to impersonate Cape Thermal, a Cape Thermal employee, another user, or any other person or entity.

    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Cape Thermal, may harm Cape Thermal or users of the Site or expose them to liability.

4. Products and Services

  • Product Descriptions: Cape Thermal attempts to be as accurate as possible in describing Products on the Site. However, Cape Thermal does not warrant that product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event of a material discrepancy between the product description and the actual product, the Customer may return the product for a full refund within 7 days of receipt, provided the product is unused and in its original packaging.

  • Pricing: Prices for Products are subject to change without notice. Cape Thermal reserves the right to modify or discontinue Products or Services at any time without notice.

  • Orders: Cape Thermal reserves the right to refuse or cancel any order for any reason at any time.

  • Payment: Payment for Products and Services must be made in full before shipment or provision of services.

5. User Representations and Warranties

By using the Site, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and/or have full legal capacity to enter into this Agreement; and (d) your use of the Site does not violate any applicable law or regulation.

6. Intellectual Property

The Site and its original Content, features, and functionality are owned by Cape Thermal and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Disclaimer of Warranties and Limitation of Liability

  • No Warranties: The Site is provided on an “as is” and “as available” basis. Cape Thermal makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  • Limitation of Liability: In no event shall Cape Thermal, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of the Site, the delay or inability to use the Site, or for any information, products, or services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages. This includes damages arising from the actions or omissions of third parties in connection with the Site.

8. Indemnification

You agree to indemnify, defend, and hold harmless Cape Thermal and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of another.

9. Wassenaar Arrangement

Items purchased from Cape Thermal that are subject to the Wassenaar Arrangement may not be exported out of South Africa and may not be purchased or acquired for military use. Cape Thermal is legally obligated to maintain and share a database of all customers who purchase Wassenaar Arrangement controlled goods. Customers who purchase such goods acknowledge this obligation and agree to comply with all applicable regulations. Non-compliance may result in legal penalties.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the courts of Cape Town, Western Cape, South Africa.

11. Changes to Terms of Service

Cape Thermal reserves the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Cape Thermal may, but is not obligated to, notify users of any material changes to the Terms of Service via email or a prominent notice on the Site. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

12. Termination

Cape Thermal reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, for any reason, including, without limitation, for lack of use or if Cape Thermal believes that you have violated or acted inconsistently with the letter or spirit of these Terms. This includes, but is not limited to, fraudulent, abusive, or illegal activity. Cape Thermal may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

13. Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices published by Cape Thermal on the Site, shall constitute the entire agreement between you and Cape Thermal concerning the Site.

14. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall remain in full force and effect. If any provision of this Agreement is found to be illegal or unenforceable, but would be legal or enforceable if some part of it were deleted, that provision shall apply with whatever deletion or modification is necessary to make it legal and enforceable.

15. Force Majeure

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government actions, strikes, other labour disputes, pandemics, or supply chain disruptions.

16. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cape Thermal (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. Notices posted on the Site will be deemed given on the day they are posted. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Cape Thermal’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Cape Thermal may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18. No Third-Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties.

19. Waiver

The failure of Cape Thermal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The waiver by Cape Thermal of any breach or default under this Agreement will not constitute a waiver of any subsequent breach or default.

20. Equitable Relief

In addition to any other remedies available to Cape Thermal under these Terms or at law, Cape Thermal shall be entitled to seek equitable relief, including injunction and specific performance, in the event of any breach or threatened breach of these Terms by you.

21. Headings

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

22. Contact Information

Questions about the Terms of Service should be sent to us at info@capethermal.com.

Last Updated: 29 June 2024