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Elmecair Pty Ltd Terms

Website Terms, Disclaimer and Registration

Terms of Use
By visiting the elmec-airconditioning.co.za website, accessing any of the services or submitting information to elmec-airconditioning.co.za, you agree and accept that these terms are binding between you and Elmecair, and that your use of elmec-airconditioning.co.za shall indicate your conclusive acceptance of this agreement.

Disclaimer of Warranties and Limitations of Liability
You understand and agree that visiting elmec-airconditioning.co.za is entirely at your own risk and that our services are provided “as is” and “as available”.
Elmecair (www.elmec-airconditioning.co.za) disclaims all liability for any loss, damage, injury or expense however caused, arising from the use of or reliance upon, in any manner, the information provided through this service or any websites, data or information displayed on, or which may be accessed via, this website.
Elmecair does not warrant:
the truth, accuracy or completeness of the information provided;
that the site will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions;
that the site will be secure, or free of viruses, worms or other harmful components;
that the site will satisfy your requirements or expectations.

Licence and Site Access
Elmecair (www.elmec-airconditioning.co.za) grants you a limited license to access this site and not to download (other than page caching) or modify any portion of it or use data mining, robots, data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial or other purposes, without express written consent of Elmecair.
You may not utilize framing techniques to enclose any trademark, logo, proprietary information, images, text, page layout, or form, or use any meta tags or hidden text utilizing Elmecair's name or trademarks or link to any page on Elmecair's website without the express written consent of Elmecair.

Registration Terms
Registration on or through this site is restricted to individuals / entities who may legally enter into a binding and enforceable agreement.
No person under the age of 18 may register.
A person not permitted to register as a purchaser but who does so, will be guilty of committing fraud and Elmecair may take whatever necessary legal action to obtain the appropriate relief.
In registering you are required to provide Elmecair with personal information and you warrant that the information provided is complete, accurate and correct.

You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity.
You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise Elmecair of this fact by email.
Elmecair shall, upon receipt of the email, suspend your registration pending your further instructions.
You shall remain responsible for all transactions effected prior to the suspension of your registration and shall be liable for any payments that may flow from these transactions.

Termination or Suspension of Registration
If you are in breach of, or Elmecair believes that you may breach, any of the terms and conditions governing the use of, or trading, using the elmec-airconditioning.co.za website, Elmecair may in its sole and absolute discretion either suspend or terminate your registration.

Electronic Communication
When you visit elmec-airconditioning.co.za or send emails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
Elmecair will communicate with you by email or by posting notices on the elmec-airconditioning.co.za website.
You agree and fully accept that all agreements, notices, disclosures and any other communications that we provide to you electronically, satisfy any legal requirement that such communication be in writing.

All communications with Elmecair and facilitated by the elmec-airconditioning.co.za website, the Elmecair contact centre, or email communicated between you and Elmecair shall be deemed to have been received,
in the case of communication initiated by Elmecair - when the communication leaves the elmec-airconditioning.co.za website or email server,
and in the case of communication initiated by you - when it is received on the elmec-airconditioning.co.za website or email server.

Acceptance by Elmecair of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Elmecair website or email server.

Privacy Notice
By visiting www.elmec-airconditioning.co.za you are accepting the practices described in this Privacy Notice.
When visiting our site Elmec-airconditioning.co.za, we are aware of your concern about how your personal information may be collected, processed and used, and we therefore wish you to rest assured that we will do so sensibly, with care and consideration of your privacy.

Information Storage
By providing information to elmec-airconditioning.co.za you consent to us collecting, maintaining, storing and processing the information, and that we shall:

  • Not disclose your personal information to a third party, other than to effect the transactions agreed to, without obtaining your express consent to do so
  • Only disclose your personal information without your consent, if legally required to do so
  • Be entitled to use the information provided to compile statistical information in such a way that you may not be identified
  • Own and retain all rights to non-personal statistical information
  • Take commercially reasonable care to safeguard the information provided by you to elmec-airconditioning.co.za from unauthorised access or disclosure, whilst it is expressly recorded that elmec-airconditioning.co.za does not infer or guarantee that the safeguards will provide absolute protection
  • Not be obliged to encrypt any information sent to you, received from you or stored on your behalf

Google Analytics
Like many websites today, www.elmec-airconditiong.co.za makes use of Google Analytics for statistical purposes.
Google Analytics stores cookies on the viewer's computer, which are used for web browser and tracking purposes.
Most Browsers have an option for the viewer to block cookies.
You can view more information regarding Google's Privacy Policy at: www.google.com/policies/privacy

Invitation to do Business
The products and services which appear on elmec-airconditioning.co.za are displayed as an invitation to do business.
Only when Elmecair has accepted your order, shall an enforceable agreement of sale be deemed to be in effect.
Elmecair can cancel the sale at any time at Elmecair’s sole and absolute discretion.
The purchase of any products or services sold through elmec-airconditioning.co.za shall be confirmed on the acceptance of your order.

Online Orders
As a registered user, once you place an order to purchase a product or request a service, you fully understand and acknowledge that you are liable for payment of such products or services.
Orders placed online constitute your offer to purchase.
Your offer is deemed to have been accepted by us when you receive our confirmation of your order.
Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

Retention of Title
Regardless of Elmec being appointed contractor and / or sub-contractor, it is expressly recorded that:

  • All goods & materials, whether installed or not, remain the property of Elmec until the contract price has been paid in full;
  • Ownership of the goods and / or materials delivered to the customer / installation site will not pass until the contract price has been paid in full;
  • Notwithstanding that ownership of the goods will not have passed to the customer as hereinto recorded, the risk of the said goods will pass to the customer on delivery thereof to the installation site, or the delivery site agreed on between the parties;
  • No lien which Elmec may have over the materials and / or goods shall be deemed waived, unless agreed to in writing between Elmec and its customer, regardless of whether Elmec is appointed contractor and / or sub-contractor; and
  • It is the customer’s responsibility to inform interested and affected third parties of the provisions herein contained, as well as its implications.
  • Failure on the part of the customer to promptly pay all monies due under the contract, shall give Elmec the right (without prejudice to any other remedies) to repossess the goods with or without prior notice and to enter any premises in which the goods may be, for the purpose of repossession.

Return or Cancellation of Products and Services

Client's Obligation
If a customer cancels a transaction within seven days of receipt of the product, the customer shall return the product (undamaged in any manner) to Elmecair, together with all packaging materials and / or documentation delivered by Elmecair or its agents, to the address nominated by Elmecair, as well as a written cancellation of the order.

The customer shall refund to Elmecair all direct expenses incurred by Elmecair and its agents in the delivery of the product and services, as well as direct expenses incurred by Elmecair or its agents, arising as a result of the return of the products, or cancellation of the services.

Elmecair's Obligation
Elmecair shall, subject to the provisions relating to any return of products or cancellation of the service agreement, allow the return of a product or cancellation of a service agreement, within 7 (seven) days of the date of receipt by you of the products or the conclusion of an agreement to provide service.
Elmecair shall, within 30 days of return of products or receipt of notice of cancellation of the agreement to deliver services, refund to the customer any amounts paid by the customer, subject to the following:
The return of goods and cancellation of any agreement to provide services shall not apply if:

  • The services commenced with the customer’s consent (either express or implied) prior to the expiry of the 7 (seven) day period
  • The price of the products or services depend on fluctuation in financial markets beyond the control of Elmecair
  • The products are personalised or made to the customer’s specifications
  • The products are perishable or will expire rapidly
  • The products by reason of their nature cannot be returned
  • The product is software (whether opened or not)

Cancellation of Orders
Elmecair reserves the right to cancel any order, if payment is not made within two weeks after the order has been placed.

You especially understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Elmecair to resolve any legal matter arising from this agreement, or related to your use of elmec-airconditioning.co.za.
If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from this agreement, and the remaining terms and conditions will continue to be valid.

Amendments to these Terms
Elmecair reserves the right to modify these terms and conditions at any time at our sole discretion and without any prior notice.
Changes to our terms and conditions become effective on the date they are posted on elmec-airconditioning.co.za, and your continued use of elmec-airconditioning.co.za, after any changes to the terms, will signify your agreement to be bound by them.

Entire Agreement
The full terms and conditions applicable to the access and use of the services provided on the elmec-airconditioning.co.za website and any amendments thereto, shall at all times be available on the website, save to the extent that they may be varied in writing by the parties.
You understand and agree that the above terms constitute the entire GENERAL AGREEMENT between you and Elmecair.
You also understand and accept that you may be subject to additional terms and conditions, not stipulated herein, which specifically relate to the product or service which you have ordered.

Termination of this Agreement
The terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason.
Terms of agreement between Elmecair and the client, that are to continue in perpetuity, shall be unaffected by the termination of this agreement.

Elmecair reserves the right to make changes to our site and these Conditions of Use at any time.

Offering of Securities
The content of this website does not imply an offering of Securities.

Last Updated June 2018