1. WEBSITE TERMS AND CONDITIONS OF USE 

1.1. This document sets out the terms and conditions ("Terms") of Eduardo Construction (Pty) Ltd. ("The service provider") pertaining to the access and use of the information, products, services and functions provided on the current URL ("Website").

1.2. Should any person that accesses the Website disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.

1.3. If you are under the age of 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.

1.4. The service provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by The service provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

1.5. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.

1.6. If there is anything in these Terms that you do not understand then please contact us as soon as possible see clause 6 below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.

 

2.1. The service provider reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

2.2. The service provider reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.

2.3. The service provider may use the services of third parties to provide information on the Website.

2.4. The service provider has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided "as is" and that The service provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.

2.5. The service provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

2.5.1. that the Website or information or downloads shall be error free or that they shall meet any particular criteria of performance or quality. The service provider expressly disclaims all implied warranties, including without limitation, warranties of merchant-ability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

2.5.2. whilst The service provider has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and

2.5.3. The service provider disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which The service provider receives it and statements from external parties are accepted as fact.

 

3.1. The service provider may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and The service provider does not endorse, nor does the inclusion of any link imply The service provider's endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.

3.2. While The service provider tries to provide links only to reputable websites or online partners, the service provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of The service provider. The service provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

3.3. You agree that The service provider shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.

 

4.1. The user hereby agrees that it shall not itself, nor through a third party:

4.1.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

4.1.2. decompile, disassemble or reverse engineer any portion of the Website;

4.1.3. write and/or develop any derivative of the Website or any other software program based on the Website;

4.1.4. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of The service provider;

4.1.5. without The service provider's prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;

4.1.6. remove any identification, trademark, copyright or other notices from the Website;

4.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

4.1.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

 

5.1. The user's use of this website and the information contained on the website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

5.2. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall the service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. The service provider reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should the service provider deem it necessary.

 5.3. To the extent permissible by law:

5.3.1. Neither the service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if the service provider knows or should reasonably have known or is expressly advised thereof.

5.3.2. The liability of the service provider for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to the service provider rectifying the malfunction, within a reasonable time and free of charge, provided that the service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of the service provider. However, in no event shall the service provider be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

5.3.3. You hereby unconditionally and irrevocably indemnify the service provider and agree to hold the service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by the service provider or instituted against the service provider as a direct or indirect result of:

5.3.4. your use of the website;

5.3.5. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of the service provider;

5.3.6. your failure to comply with any of the terms or any other requirements which the service provider may impose from time to time;

5.3.7. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

5.3.8. any unavailability of, or interruption in, the service which is beyond the control of the service provider.

5.4. The service provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against the service provider for any LOSS suffered by you, as a result of information supplied by the service provider being incorrect, incomplete or inaccurate.

 

6.1. In compliance with section 43(1) of the ECT Act, the following is noted:

Full name: EDUARDO CONSTRUCTION (PTY) LTD.

Registration number: 1996/000394/07

Physical address: 39 ALLENBY AVENUE, EXTENSION 10, EMALAHLENI

Fax number: +27 (0)13 656 5673

Telephone number: +27 (0)13 656 4811

Email: info@eduardo.co.za