Terms and Conditions as of 1 June 2012
The following terms and conditions of use apply to the Website and the Website Content of Hansgrohe. Please read through these carefully before using and/or accessing our Website and Website Content. By using and/or accessing our Website, you agree to our Terms.
The Terms and any additional document we incorporate by reference shall apply to you when you access and/or use the Website and/or the Website Content.
You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should contact our support channel on 021 447 7144 or send us an email to firstname.lastname@example.org
In these Terms and Conditions ("Terms"):
"We", "our", "us" and "Hansgrohe" means Hansgrohe South Africa (Proprietary) Limited, registration number 1994/008123/07, registered in South Africa and any of its divisions. Furthermore, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content provider;
"you" and "your" means any person, including natural and legal persons, who make use of and/or access the Website and the Website Content;
"Website" means our Website which is accessible at the URL: www.hansgrohe.co.za
"Website Content" means all the information and content published by us, including advertisements, on our Website; and
"Loss" means any loss, including loss of profit, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential.
Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") will bear the same meaning given to them in the ECT Act.
Your agreement to comply with these Terms
You agree that:
• making use of or accessing the Website and/or Website Content signifies your agreement to comply with all of the terms and conditions of these Terms; and
• we may, in our sole discretion, at any time and for any reason and without prior notice, suspend or terminate the operation of the Website and/or any of the Website Content or the right to use the Website and/or any of the Website Content.
If you do not agree to these Terms you must not make use of and/or access:
• the Website and/or the Website Content; and
• you must immediately delete all copies of the Website Content in your possession and/or under your control.
Completeness and Accuracy of our Information
We make every effort to keep this Website and Website Content up to date and to provide as accurate and complete information as possible. However, we cannot guarantee that information is up to date or the accuracy, completeness or suitability of the information for specific purposes.
We reserve the right to abridge contents at any time, move them to another subject area, temporarily block them and/or permanently delete them.
Subject to the provisions of the ECT Act, the Website and the Website Content are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Website Content.
We also make no warranty or representation, whether express or implied, that the Website and the Website Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software and you accept all risks in this respect.
You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.
The grant of any indulgence by us to you in respect of any matter connected to your use of the Website or the Website Content shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
Availability of our services
Our Website and Website Content is solely intended to provide general information about our services. It does not give rise to a legal entitlement to specific services, nor to their complete, continuous or uninterrupted availability. Please note that individual pieces of information on our Website can relate to products, ranges or services which are not available in certain countries. For questions about the products or services available in your country, please contact to your local Hansgrohe distribution partner.
The following contents do not originate from us and do not reflect our opinions. We therefore assume no liability or responsibility for them:
• we assume no responsibility for the content of linked pages.
• we assume no liability for the accuracy, completeness and up-to-dateness of the information about our specialist dealers in the specialist dealer search.
We do not monitor these contents or look for circumstances that indicate illegal activity. If we become aware of any infringements, we will delete the information in question immediately.
Subject to the provisions of the ECT Act and to the fullest extent allowed by law, your use of third party content or the products or services of third parties is entirely at your own risk. We shall not be responsible for any Loss arising from or related to your reliance on, use or attempted use of other websites or the opinions, products or services of third parties
You shall not make (and may not permit any third party to make) any reference to us, the Website or the Website Content, whether by way of a link or otherwise, where the reference could, in any way, be interpreted as an endorsement, affiliation or recommendation by us in relation to you or a third party or of the services, products or opinions of a third party, without our prior written consent.
Your behaviour when using the Website
You shall not use the Website to obtain or distribute:
• copyrighted material or material protected by law without our prior written consent; or
• material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website.
You are strictly prohibited from using the Website and/or Website Content for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
Subject to the further provisions of these Terms, the Website and/or the Website Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website.
You are not allowed to: (i) frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content; (ii) incorporate any part of the Website or Website Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. Should you wish to do so, our prior written approval is required and we are entitled, in our sole discretion, to withhold or grant consent and to impose any conditions on any consent which is granted by us. Requests for approval must be submitted to email@example.com.
Any restrictions on the use of the Website and/or the Website Content shall also apply to any part of the Website and/or the Website Content which may be cached when using the Website or the Website Content.
Applicable Law and Court of Jurisdiction
The Website is hosted, controlled and operated from South Africa and thus the law of the Republic of South African governs any disputes arising from the use thereof. For the sake of clarity, these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
You acknowledge that we are entitled to but not obliged to institute any proceedings arising out or in connection with these Terms in any Magistrate Court in the Republic of South Africa that has jurisdiction over you even in circumstances where the relevant cause of action exceeds the jurisdiction of that Court.
Notwithstanding anything to the contrary contained in these Terms, neither you nor we will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings
Notices and Disputes
Our address for the service of any legal notice or legal documentation is Hansgrohe South Africa Pty Ltd, 136 Walton Road, Carlswald, Midrand, 1685, (with current fax number at 011 468 1152)
Notices given to the above addresses shall be deemed to have been duly given: (i) 14 days after posting, if posted by registered post to our postal address; (ii) on delivery, if delivered to our physical address; and (iii) on despatch, if sent to our then fax number.
Any dispute declared by you and any claim which you may have against us arising out of or in connection with these Terms, including after termination, cancellation or amendment of these Terms will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.
If we declare a dispute with you, or wish to institute any claim or legal proceedings against you arising out of or in connection with these Terms or your use of the Website or the Website Content, we reserve the right to deal with the matter in a forum of our choice, which will include but will not be limited to, the courts of South Africa. This right will continue to apply after termination, cancellation or amendment of these Terms.