WEBSITE TERMS & CONDITIONS
This website is owned and operated by Dynamic Distributors Pty LTD. Dynamic Distributors Pty LTD is the proprietor of the website and all the intellectual property.
GENERAL TERMS AND CONDITIONS FOR WEBSITE
Your access to and use of the website is subject to the following Terms and Conditions. The products and services offered by or through the website and any sales concluded in respect thereof are also made available subject to the following Terms and Conditions.
Please read these Terms and Conditions carefully before registering.
Dynamic Distributors Pty LTD reserve our right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
AMENDMENTS TO TERMS AND CONDITIONS
Dynamic Distributors Pty LTD may periodically update or change our Terms and Conditions. It is your responsibility to check them from time to time as your continued use of our website means that you accept any updated or revised terms and conditions.
COPYRIGHT OF DYNAMIC DISTRIBUTORS CONTENT
All content included on Dynamic Distributors website, such as text, graphics, logos, button icons, images, maps, databases and software, is the property of the Proprietor or its content suppliers (or the copyright holder where we have obtained their permission to use their material) and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of the Proprietor and protected by South African and international copyright laws.
WITHOUT DEROGATING (TAKING AWAY) FROM THE ABOVE, WE AUTHORISE YOU TO VIEW, COPY, DOWNLOAD TO A LOCAL DRIVE, PRINT AND DISTRIBUTE THE CONTENT OF THIS WEBSITE, OR PARTS THEREOF, PROVIDED THAT:
SUCH CONTENT IS USED FOR INFORMATION PURPOSES ONLY; AND SUCH CONTENT IS USED FOR NON-COMMERCIAL PURPOSES. NO OTHER LICENCE OR RIGHT IS GRANTED.
You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another person.
Any reproduction of material from this website or portion of this website must include this entire clause “Copyright of Dynamic Distributors Content”.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY
The user expressly agrees that by using the website is at the user’s sole risk. Neither Dynamic Distributors, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the website will be uninterrupted or error free; nor do they make any warranty as to the results that me be obtained from use of this website, or as to the accuracy, reliability or content of any information, service, or any products provided for through this website.
Dynamic Distributors do not display the products or information regarding them on this site in a manner which is misleading, fraudulent or deceptive in any way. We also provide rights of return of products in our Returns Policy.
HOWEVER, THE INFORMATION AND OTHER CONTENT PUBLISHED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS ARE PROVIDED ON AN “AS IS” BASIS. THE PROPRIETOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE INFORMATION AND OTHER CONTENT INCLUDED ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THIS DISCLAIMER:
- THE PROPRIETOR DOES NOT WARRANT THAT THIS WEBSITE WILL BE ERROR FREE, OR WILL MEET ANY PARTICULAR CRITERIA OF ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION, PERFORMANCE OR QUALITY.
- ALTHOUGH THE PROPRIETOR HAS TAKEN REASONABLE MEASURES TO ENSURE THE INTEGRITY OF THIS WEBSITE AND ITS CONTENTS, NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE ON THIS WEBSITE ARE FREE OF VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR SYSTEM.
APART FROM ANY EXPRESS WARRANTIES ON THE PRODUCTS WE SUPPLY, WE GIVE NO WARRANTY ON THE PRODUCTS SOLD OVER THIS WEBSITE, AND IS SOLD “AS IS”, EXCEPT THOSE CONTEMPLATED IN SECTION 55 OF THE CONSUMER PROTECTION ACT, 2008 (CPA) AND ONLY IF YOU ARE A “CONSUMER” UNDER THE CPA.
PLEASE PAY SPECIAL ATTENTION TO THE FOLLOWING:
YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCTS MADE AVAILABLE ON THIS WEBSITE IS AT YOUR OWN RISK. IF YOU DO NOT FOLLOW THE INSTRUCTIONS ON THE PRODUCTS YOU MAY BE ENDANGERING YOUR LIFE AND THERE IS A POSSIBILITY OF INJURY, FIRES OR ELECTRIC SHOCKS. THE PRODUCTS MUST NOT BE CONSUMED AS THIS COULD BE HARMFUL TO YOUR HEALTH.
YOU ACKNOWLEDGE THAT SOME OF THE PRODUCTS MUST BE INSTALLED BY QUALIFIED ELECTRICIANS ONLY.
FOR YOUR OWN SAFETY, PLEASE CAREFULLY CONSIDER AND FOLLOW THE WARNINGS OR OTHER INSTRUCTIONS ON THE PRODUCTS.
THIS ALL MEANS THAT IF YOU BUY THE PRODUCTS AND TRY TO INSTALL OR OTHERWISE USE THEM, YOU DO SO ON THE BASIS THAT IF YOU SUFFER ANY INJURY, HARM OR LOSS ASSOCIATED WITH THE PRODUCTS YOU (AND ANY THIRD PARTY) WILL HAVE NO CLAIM AGAINST US (TO THE EXTENT PERMISSIBLE IN LAW). YOU WILL BE RESPONSIBLE FOR PAYING FOR ANY HARM OR LOSSES YOU OR ANY THIRD PARTY SUFFERS AS A RESULT OF THE PRODUCTS.
LIMITATION OF LIABILITY
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecoms failures, power failures, network failures, failures of third party service providers,. The party affected by any such event shall notify the other party within a maximum period of fifteen days from its occurrence. The performance of this agreement shall in such case be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement
IN NO EVENT SHALL THE PROPRIETOR AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER THEY MAY ARISE, OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THIS WEBSITE, THE INABILITY TO USE THIS WEBSITE, THE OPERATIONAL FAILURE OF THIS WEBSITE, ANY INFORMATION, DATA, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PROPRIETOR AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. HOWEVER THIS LIMITATION OF LIABILITY WILL NOT APPLY WHERE WE ARE LIABLE TO GIVE YOU A REMEDY FOR A PROBLEM PRODUCT UNDER SECTION 56 OF THE CPA OR ARE STRICTLY LIABLE FOR HARM CAUSED BY A PRODUCT UNDER SECTION 61 OF THE CPA, IF YOU ARE A CONSUMER PROTECTED UNDER THE CPA.
The effect of the above disclaimer and limitation of liability is that you cannot sue us for loss or damages you may suffer or incur because of using this website or any products or because of any circumstance listed under the limitation of liability unless you have a valid claim under the CPA.
DUTY TO SEEK PROFESSIONAL ADVICE
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult the Proprietor directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site. Without limiting the generality of this statement:
THIS WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL OR OTHER INACCURACIES AND YOU ARE URGED TO CONTACT YOUR OWN PROFESSIONAL ADVISORS TO CONFIRM ALL INFORMATION CONTAINED ON THIS WEBSITE PRIOR TO PLACING RELIANCE ON IT. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THIS WEBSITE AND THESE CHANGES WILL BE INCORPORATED INTO NEW EDITIONS OF THIS WEBSITE.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. By using this website you consent to the exclusive jurisdiction of the High Court and / or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this website and/or your use of it or any product obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.
DISPUTE RESOLUTION – PRIVATE ARBITRATION
Any dispute in regard to the interpretation of or the effect of or the parties’ respective rights and obligations under or a breach of or in regard to any matter dealt with by or arising out of the provisions of this agreement at any time arising between the parties, shall be decided by arbitration, at the instance of the aggrieved party, in the manner set out in this paragraph.
The said arbitration shall be held subject to the provisions of this paragraph:
2.1. at Johannesburg, Republic of South Africa at the election of the party calling for such arbitration;
2.2. formally, under the Standard Procedure Rules for the time being, as issued by the Association Of Arbitrators;
2.3. otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended;
2.4. it being the intention that, if possible, it shall be held within 21 (twenty one) working days after it has been demanded.
2.5. The arbitrator shall be if the question in issue is:
2.5.1. primarily an accounting matter, an independent chartered accountant agreed upon between the parties appointed by the President for the time being of the Johannesburg branch of the South African Institute of Chartered Accountants;
2.5.2. primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Johannesburg Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa;
2.5.3. any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.
VIOLATION AND WAIVER
Should you violate these Terms and Conditions or any other rights of the Proprietor; we reserve the right to pursue any and all legal and equitable remedies against you and to take any steps necessary to protect our interests. If we fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
SEVERABILITY OF PROVISIONS
If a court finds that one or more rights or provisions in these Terms and Conditions is invalid, you agree that the remainder of the Terms and Conditions will be enforceable and that, to the extent permitted by law, the court will give effect to the intention behind the right or provision that has been declared invalid or unenforceable.
These terms and conditions contain the entire agreement between the parties in regard to their subject matter.
No variation or amendment of the agreement concluded between the parties or any term thereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the parties.