Terms and Conditions
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
INTRODUCTION
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- This website is operated by Metprep Engineering (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Metprep Engineering (Pty) Ltd. Metprep Engineering (Pty) Ltd offers this website, including all information, tools, and services available from this site to you, the User, conditional upon your acceptance of all terms, conditions, policies, and notices provided for herein.
- By visiting our site and/or purchasing any Goods from us, you engage in our “Service” and agree to be bound by the following terms and conditions (herein referred to as “Terms of Service” / “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink.
- These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing, or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may should not proceed to access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- These Terms supersede any Terms of any browsers, vendors, customers, merchants, and/or contributors of content. Therefore, these Terms shall supersede any such browsers, vendors, customers, merchants, and/or contributors of content’s Terms and Conditions, and shall be the agreement between Metprep Engineering (Pty) Ltd, and the said browsers, vendors, customers, merchants, and/ or contributors of the content.
- Any new products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms at any time, as may be uploaded on this site/page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any applicable changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes. Our store has been designed by a professional service provider, known as The Design Hammock PTY (Ltd). This is our online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
- By agreeing to these Terms, you represent that you are at least of majority age in your country, state, or province of residence.
- You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses, or any code of a destructive nature.
- A breach or violation of any of these Terms will result in an immediate termination of the Services rendered to you.
General Conditions
- We reserve the right to refuse providing Goods to anyone, for any reason and at any time.
- You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Goods, use of the Goods, or access to the Goods, or any contact on the website through which the Goods are provided, without express written permission by us.
Accuracy, Completeness and Timeliness of Information
- We are not responsible if any information, as have been made available on this site, is inaccurate, complete, or current.
- The information and Goods on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information provided on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Goods or Services (or any part or content thereof) without notice, at any time.
- We shall not be liable to you, or to any third-party, for any modification, price change, suspension, or discontinuance of the Goods or Services provided by us.
Products or Services
- Certain Goods or Services may be available exclusively online through our website. These Goods or Services may have limited quantities, and are subject to availability, return, or exchange, and shall be in accordance with our Return Policy.
- We have made every effort to display, as accurately as possible, the colours and images of our Goods as they appear in our store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Goods or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
- We reserve the right to limit the quantities of any Goods or Services which we offer. All descriptions of Goods or pricing thereof, are subject to change at any time without notice, and at our sole discretion. We reserve the right to discontinue any Goods or Services at any time without notice.
- Any offer for any Goods or Services made on this site is void where prohibited. We do not warrant that the quality of any Goods, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Goods or Services will be corrected.
Accuracy of Billing and Account Information
- We reserve the right to refuse any order you place with us.
- We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by, or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address(es).
- If we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided by you, at the time the order was made.
- We reserve the right to limit, or prohibit orders that, at our sole discretion, appear to be placed by dealers, resellers, or distributors.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made by you through our store.
- You agree to promptly update your account and other information, including your email address, contact details, and credit card numbers, including expiration dates, so that we can complete your transactions and contact you as needed.
Optional Tools
- We may provide you with access to third-party tools, over which we have no control, nor monitor same, nor have any input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available”, without any warranties, representations, or conditions of any kind, and without any endorsement.
- We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with, and approve of the terms provided on such tools, as provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
- Certain content, Goods, and Services available via our website, may include materials from third parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us.
- We are not responsible for examining or evaluating the content, nor the accuracy thereof, and we do not warrant, and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, goods, or services of such third parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
- Please carefully review the third-party’s policies and practices, and make sure you understand them prior to engaging in any transaction.
- Complaints, claims, concerns, or questions regarding third-party Goods or Services should be directed to the third-party and not to us.
User Comments, Feedback and Other Submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively herein below referred to as “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any
medium, any such comments made by you or which you have forward to us. - We are, and shall be under no obligation to;-
- maintain any comments in confidence;
- pay compensation for any comments; or
- respond to any comments.
- We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or any other form of personal or proprietary right(s).
- You further agree that your comments will not contain libellous, or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware, that could in any way will affect the operation of the Goods or Services, or any related website (including ours).
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties hereto, as to the origin of any comments.
- You are solely responsible for any comments you make, and the accuracy thereof.
- We take no responsibility, and assume no liability for any comments posted by you or any third-party hereto.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
To view our, click here Privacy Policy.
Errors, Inaccuracies and Omissions
- Occasionally there may be information on our site or in the Goods or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update such applicable information, or to cancel orders, if any information
relating to our Goods or Services, or on any related website, is inaccurate at any time whatsoever, and without prior notice (including after you have submitted your order). - We undertake no obligation to update, amend, or clarify information pertaining to the Goods or Services, or on any related website, including without limitation, pricing information, except as required by law.
- No specified update or refresh date applied to the Goods or Services, or on any related website, should be taken to indicate that all information relating thereto, or on any related website, has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its
content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, local, or state regulations, rules, laws, or local
ordinances; - to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of our site, Goods, Services, or any related website for violating
any of the prohibited uses as stated above.
Disclaimer of Warranties and Limitation of Liability
- We do not guarantee, represent, or warrant that your use of our Goods or Services will be uninterrupted, timely, secure, or error-free.
- We do not warrant that the results that may be obtained from the use of the Goods or Services will be accurate or reliable.
- You agree that from time to time we may remove the Goods or Services for indefinite periods of time, or cancel the Goods or Services at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the Goods or Services is at your sole risk.
- The Goods or Services and all products and services delivered to you through the our Goods or Services, are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Metprep Engineering (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Goods or Services procured using this site, or for any other claim related in any way to your use of the Goods or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Goods or Services or any content (or product) posted, transmitted, or otherwise made available via our Goods or Services, even if advised of their possibility.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Metprep Engineering (Pty) Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
- These Terms are effective, unless and until terminated by either you or us.
- You may terminate these Terms at any time by notifying us that you no longer wish to use our Goods or Services, or when you cease using our site.
- If, at our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Goods or Services (or any part thereof), as well as our site.
Entire Agreement
- The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Goods or Services, constitutes the entire agreement and understanding between you and us, and govern your use of the Goods or Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law and Jurisdiction
These Terms and any separate agreements whereby we provide you Goods or Services, shall be governed by, and construed in accordance with the laws of the Republic of South Africa. It is specifically agreed that the High Court of South Africa shall have jurisdiction to adjudicate any dispute that may arise pursuant to the provision of the Goods or Services.
Changes to Terms
- You can review the most current version of the Terms of Service at any time and on this page.
- We reserve the right, at our sole discretion, to update, change or replace a,ny part of these Terms of Service, by posting updates and changes to our website
- It is your responsibility to check our website periodically for changes. Your continued use of, or access to, our website or the Goods or Services, following the posting of any changes to these Terms of Service constitutes acceptance of those changes.