Introduction
Welcome to Waxpak (“Company”, “we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.waxpak.co.za (together or individually “Service”) operated by Waxpak.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound to them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at marketing@waxpak.test so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
- Definitions
- “Agreement” means the Application including the terms and conditions and any additions or Amendments to this Agreement.
- “Application” means the Application by the Customer to purchase Goods on credit or on non-credit terms from the Company and that is attached to these terms and conditions;
- “Company” means Waxpak
- “Consumer” means a consumer as defined in the CPA;
- “CPA” means the Consumer Protection Act 68 of 2008 and any promulgated regulations thereto and as amended from time to time;
- “Customer” means any person, including a Consumer with whom the Company concludes an Agreement for the sale of any Goods;
- “Goods” means any tangible object supplied by the Company to the Customer in terms of this Agreement;
- “Price” means the Price agreed between the Company and the Customer for the Goods, together with value added tax thereon;
- Commencement and duration of this agreement
By placing an order with the Company or making an Application, the Customer agrees to enter into an Agreement with the Company for the supply of Goods. If so, this Agreement will begin and be binding on the Customer when the Company accepts the order or the Application as the case may be and supplies the Goods to the Customer.
This Agreement shall, subject to the provisions of clauses 8 and 26, continue for an indefinite period.
- Payment terms
- In return for the supply of the Goods the Customer agrees to pay the Company the price as set out in more detail in the quotation.
- In the event that the Company has granted the Customer credit facilities in writing, the Price shall be paid by the Customer, without deduction or set-off of any claims of the Customer against the Company, within 30 (thirty) days from the date of the Company’s statement of account.
- However, if day 30 falls on Saturday, Sunday or public holiday, payment must be made on or before the preceding business day. In the event of non-credit sales or cash sales the Price shall be paid by the Customer by way of electronic bank transfer or cash deposit into the bank account of the Company or, at the sole discretion of the Company without deduction or set-off, prior to dispatch or collection of the Goods. The Customer must provide the Company with proof of payment before deliveries or collections of the Goods will be allowed. Where payment is made by means of electronic funds transfer, a cheque or any other negotiable instrument, the delivery of the goods shall only be made or collections of the Goods will only be allowed once the funds have been cleared by the Company’s bank.
- The Company reserves the right to withdraw or amend any credit facilities at any time which may have been granted to the Customer and to require the Customer to furnish guarantees and/or suretyships that are acceptable to the Company for its current or future obligations. The Company may charge the Customer interest on any overdue amount at the prime overdraft rate plus 2% of bank charges, calculated from the due date. A certificate signed by any manager of the aforesaid bank (whose authority and appointment it shall not be necessary to prove) as to the prime overdraft rate prevailing from time to time shall constitute prima facie proof (sufficient evidence) of that rate.
- Should the Customer fail to clearly indicate to the Company which items appearing on the Company’s statement it is paying, the Company reserves the right to apply such payment by the Customer to those items in respect of which payment has been overdue for the longest time.
- Payment must be made for the total amount that the Customer owes the Company as set out on the invoice(s) issued to the Customer.
- Should any amount not be received by the Company on or before due date, all other amounts payable and due by the Customer to the Company, shall immediately (and without notice to the Customer) become both due and payable.
- The Customer shall not be entitled to withhold or set-off payment for any reason whatsoever not withstanding that any dispute may be pending between the parties nor shall the Customer be entitled to make any deduction from the Price or to set off any alleged claim against the amounts due by the Customer to the Company.
- The Customer shall be liable to pay the Company the full amount of the order in advance if the Company has not completed its credit risk assessment of the Customer and the Customer requires urgent or immediate delivery of the Goods.
- In addition to the rights of the Company above, if the Customer:
- does not pay the Company on time;
- commits a material breach of this Agreement;
- does not pay the required full amount in advance;
then the Company may suspend any supply of Goods until the Customer has paid or remedied the breach to the satisfaction of the Company.
- Quotations
- Any quotation by the Company is open for acceptance for a period of 30 days from the date appearing on the quotation, unless revoked earlier in terms of written notice to the Customer or otherwise agreed to in writing between the Company and the Customer or the quotation provided specifies a different period than 30 days.
- The Price quoted for the Company’s Goods will, upon acceptance by the Customer, whether such acceptance is tacit or written, constitute the Price.
- The Price quoted by the Company is based on the product specifications as provided by the Customer.
- The Company reserves the right to amend the Price quoted should the product specification is different from the initial product specification provided by the Customer.
- Certificate
The Customer acknowledges that a certificate signed by any senior manager of the Company whose authority and appointment shall not be necessary to prove shall be prima facie proof (Sufficient evidence) of the amount of such indebtedness to the Company. Such certificate shall be sufficient proof of the Customer’s indebtedness for the purposes of provisional Sentence and/or summary judgment proceedings against the Customer, or for any other Purpose whatsoever.
- Financial centre intelligence act
The Customer acknowledges that in terms of Section 29 (1) of the Financial Centre Intelligence Act, No 38 of 2001(“FICA”) businesses are required to report any suspicious or unusual transaction or series of transactions to the Financial Intelligence Centre and in particular where the Company has received, or is about to receive, the proceeds of suspected unlawful activities in payment of the Customer’s indebtedness to the Company.
The Customer indemnifies or holds the Company harmless against any claim of whatsoever nature instituted against the Company for any damage or harm suffered by the Customer or a Third party arising from any action taken by the Company in discharging its obligations in terms of FICA.
- Customer’s orders
The Customer accepts responsibility for the safekeeping and issue of its orders and agrees to pay for orders issued on its behalf and given effect to in good faith by the Company.
Goods which are manufactured to order for the Customer must be called off within 60 days. The Company reserves the right, in its absolute discretion, to invoice and deliver to the Customer any Goods which were manufactured to order and remain in its possession after this period.
- Breach and cancellation of the agreement
- If the Customer does not pay any and/or all amounts due to the Company on or before the due date for payment, then, subject to the provisions of clause 8.2, the Company Reserves the right to, at its sole discretion:
- Charge interest on the overdue amount at the interest rate referred to in clause 3.4 calculated from the due date of payment to the date that the actual payment is credited;
- Take action in terms of clause 8.2 of this Agreement;
- Inform any reputable credit bureau (s) of payment default; and
- Suspend the supply of the Goods.
- If the Customer commits a breach or if there is a failure by the Customer to comply with any of the terms and conditions of this Agreement and the Customer remains in breach for a Period of 7 (seven) working days in the case of a Customer who is not a Consumer and 20 (Twenty) working days in the case of a Customer who is a Consumer, after delivery of a written notice to the Customer by the Company requesting the Customer to remedy the Breach:
- The Company will be entitled to immediately cancel this Agreement;
- The Company will be entitled to immediately charge the Customer for the use of the Goods up to the date of cancellation;
- The full outstanding amount shall immediately become due and payable; and
- The Company will be entitled to take any and all necessary steps to recover from the Customer any amount due and payable to the Company by the Customer and the Customer shall be liable for all the costs and expenses, to the extent permitted by law, and incurred by the Company in recovering the amount due and payable, including but not limited to any collection commission, costs of an attorney and/or advocate and/or debt collector and/or tracing agent.
- In addition to the above remedies and any other rights that the Company has in terms of law, in the event that the Customer does not remedy such breach, the Company shall be entitled to claim damages from the Customer that it may have suffered due to the Customer’s breach of the terms and conditions of this Agreement.
- Despite the provisions above, either party may cancel this Agreement immediately by giving each written notice to that effect.
- If the Customer does not pay any and/or all amounts due to the Company on or before the due date for payment, then, subject to the provisions of clause 8.2, the Company Reserves the right to, at its sole discretion:
- Use of customer’s information
- The Customer warrants and guarantees that all information supplied to the Company by the Customer in the Application and in terms of this Agreement is true and correct.
- The Customer agrees to inform the Company immediately should there be any change of whatsoever nature in any of its information, including its physical address, previously supplied to the Company.
- As and when necessary, the Customer consents to the Company obtaining and/or disclosing the Customer’s information supplied to the Company as follows:
- to credit grantors and/or credit bureau and/or banks and/or other financial institutions in order to ascertain information relating to the Customer’s creditworthiness (before acceptance of this Agreement) and for fraud prevention purposes in order to process any payment transactions necessary for and relative to this Agreement;
- to attorneys and/or debt collection agencies in the event that the Customer is in breach of this Agreement;
- to the Company’s agents or trade partners and/or consultants but only to the extent necessary and in order to allow the supply of the Goods.
- to consumer research institutions for the purposes of conducting research on improving our Goods offered to the Customer in terms of this Agreement;
- for purposes of the Company publishing a directory containing the name, address, details and Contact numbers of its Customers.
- The Company will not disclose the Customer’s information to any other person or institution other than as stated under clause 9.3 or if the Company is compelled to do so in terms of law and/or a Court of law. The Company hereby undertakes that it will only disclose such information as is required in terms of any law and or a court of law.
- Jurisdiction
Save for any disputes to which clause 24 applies, the Customer hereby consents, in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 as amended, to the jurisdiction of the Magistrate’s Court having territorial jurisdiction in respect of any action instituted against the Customer by the Company for the recovery of monies or for legal action in terms hereof. It shall nevertheless be entirely within the discretion of the Company as to whether to proceed against the Customer in such Magistrate’s Court or any other court having jurisdiction.
- Force majeure
Neither party shall be liable to the other for any damages or losses arising from circumstances beyond their reasonable control, which affect their ability to carry out their respective obligations in terms of this Agreement, provided that the party so affected gives reasonable notice thereof to the other.
- Whole Agreement
This Agreement constitutes the whole Agreement between the parties and no variation, alteration, deletion of or addition to these terms will bind the parties unless it is stipulated in writing and agreed to by both parties.
- Extension of Time (also Referred to as an indulgence)
No leeway, extension of time or other lenience which the Company may offer to the Customer will in any way prevent the Company from enforcing any of its rights in the future, without notice, by requiring the customer’s strict and timely compliance with each term and condition of this Agreement.
- Notices
The parties choose their physical addresses as reflected on the Application forms as their respective domicilium citandi et executandi (physical address) for service upon it of all notices and process. The parties undertake to notify the other expeditiously of any change to its address.
- Cession (Transfer) and Delegation (Handing Over)
The Customer shall not be entitled to transfer any of its rights to any other entity or person (this is known as ceding any of your rights) or transfer any of the Customers obligations or responsibilities to any other entity or person (this is known as delegating or handing over any of your obligations or responsibilities, in terms of this Agreement without the prior written consent of the Company.
The Company undertakes not to withhold its consent unreasonably.
- Applicable law
The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the
Republic of South Africa.
- Amendments
The Company is entitled on written notice to the Customer, to amend and/or vary the terms and conditions of this Agreement as a result of any new and/or amended law(s), tax (es) and regulation(s). If Company amends and/or vary the terms and conditions, the Company will notify the Customer at its chosen address of such amended terms and conditions.
- Unenforceable provisions
If any of the terms and conditions of this Agreement are unenforceable, illegal, void, or contrary to Public policy then they will be considered to be legally separated from the rest of this Agreement. The rest of the provisions of this Agreement will, however, remain binding and enforceable and in full force and effect.
- Authority and indemnity
The person signing this Agreement warrants that he or she has the necessary authority to enter into this Agreement and hereby indemnifies the Company against any liability, claim, damage or loss that a third party might have arising out of this Agreement.
- Price
Unless otherwise agreed in writing, the Goods will be supplied at the ruling price on the date of dispatch from the factory, warehouse or branch.
Prices are subject to adjustment for any increases in the cost of Goods on and/or delivery that may arise between the date of quotation and the delivery of the Goods, arising directly or indirectly from any cause whatsoever, whether statutory or otherwise.
- Delivery of goods
- Deliveries of Goods will take place between the hours of 08h00 to 17h00 Monday to Friday, excluding public holidays. Deliveries outside normal working hours could be subject to an extra charge unless agreed to by Parties in writing.
- The Company shall endeavour to effect delivery of the Goods on the agreed date and time to the Customer at the Customer’s premises or the Customer’s nominated delivery site address, provided that the Company receives a minimum of 48 hours’ notice of the intended delivery date if the agreed date has changed or if no date has been previously agreed.
- The Company shall not be responsible for delays in delivery or non-delivery of Goods whatsoever due to causes beyond the Company’s control (e.g. adverse weather conditions, road congestion, labour-related actions, shortage of stock, delays on the part of subcontracted transport), Nor will the Company accept liability for damages or for any loss the Customer may suffer pursuant thereto, of whatsoever nature arising from the late delivery or non-delivery of Goods.
- Subject to the provisions of clause 21.3 the Customer shall not be entitled to cancel or repudiate any order/s and/or purchase/s and/or refuse delivery and/or claim damages and/or set-off payment from the Company due to late and/or defective delivery. The Company’s responsibility shall be to notify the Customer expeditiously of the events giving rise to the delay in delivery or non-delivery in circumstances where such delay of delivery or non-delivery is expected to extend beyond one day after the time/date of the agreed delivery schedule.
- The provisions of clause 21.4 shall not apply to a Consumer.
- Given the nature of Plastic Manufacturing, the customer accepts that the volume produced and delivered may vary by up to 10% from the quantity stipulated and accepted on the order for each line item. Any order against the quantity delivered falls within this 10% tolerance shall be deemed to have been fully met.
- The Customer accepts responsibility and liability for whatever means or method it chooses to adopt for the handling, placing, storage and consolidation of the Goods after discharge from the delivery vehicle. Furthermore, the Customer accepts responsibility and liability for any lack of quality, fault or failure of the Goods resulting from such handling, placing, storage or Consolidation of the Goods.
- The Customer shall ensure that routes to and from the points of delivery of Goods on site are safe and suitable for the delivery vehicles, and that full and free access is available for the delivery vehicles of the Company or its transport providers.
- The Customer shall ensure that the delivery vehicles of the Company or its transport Providers offload the Goods at the Customer’s desired point. In the event of the Goods being offloaded at an incorrect point due to a fault on the part of the Customer, the Company shall not be liable for any loss arising there from, whether direct, consequential, special or general.
- The Parties hereby indemnify each other, their agents and employees and holds them harmless against any loss, damage or liability sustained or incurred by either party, agents or Employees arising from any cause whatsoever while on the Customer’s premises, provided the loss, damage liability was not occasioned by negligence of the other party.
- The Customer, its employees or agents shall sign the Company’s delivery note and this shall Constitute prima facie proof (sufficient evidence) that the type and quantity of Goods recorded thereon was delivered and accepted by the Customer. In the event of a dispute regarding the delivery of the Goods and/or the quantity or quality, the onus of proving that the Goods was not delivered and/or that the quantity or quality thereof was not in accordance with the Customer’s order, shall rest with the Customer.
- Should the Customer decide to utilise its own transport vehicles and or any third party, it shall not hold the Company liable for any damages that result as a result of the use of such transport.
- If the Company has any reason in its absolute discretion to be concerned about the creditworthiness of the Customer, the Company shall have the right to suspend and/or withhold deliveries of Goods to the Customer. Subject to any provision to the contrary herein contained, the Customer shall be entitled to cancel the order or return the Goods but the Company shall be entitled to charge a cancellation fee or a reasonable fee for the return of the Goods.
- Ownership and risk
Notwithstanding the delivery of any Goods to the Customer, ownership of the Goods shall not pass until the Company has received payment in full in respect of the Price of such Goods. In the event of payment not being timeously effected, the Company reserves the right to recover possession of such Goods immediately, without notice and without the necessity to first cancel the Agreement of sale in respect of such Goods.
Risk in the Goods shall pass to the Customer at the point of delivery of the Goods (i.e. where signed acceptance of the Goods takes place, or in the case of collection of the Goods, on despatch from the Company’s premises).
Where the Customer has appointed its own transport provider to effect delivery of the goods, the Company’s responsibility for providing proof of delivery of Goods will be limited to proving that the Goods were accepted by a person purporting to be the transport provider. In this case, risk shall pass to the Customer on delivery of the goods to the transport provider.
- Warranties
This clause shall not apply to a Consumer:
- The Company warrants that the Goods delivered complies with the details shown on the delivery note or invoice and complies with the Company’s standard specification for such Goods.
- The onus shall be on the Customer to ensure by examination before use that the Goods delivered is within specification.
- Liability for breach of the warranty set out in clauses 23.1 and 23.2 shall only arise where the customer has established, in addition to any other proof required by law, that:
- the Customer has inspected the Goods before use;
- the Goods has not been worked or processed since delivery;
- the Company was afforded every reasonable opportunity to inspect the Goods or any sample taken there from, and to submit the Goods or sample to its own examination and testing;
- the Customer notified the Company in verbally within 48 hours of its tests having revealed an alleged nonconformity with specification, provided that written notification shall be given by the Customer within 7 days from date of delivery;
- all records of handling, sampling, and testing and the interpretation of any tests were made available to the Company for inspection;
- the Goods was not misused, neglected, contaminated, improperly handled or altered in any way and that no foreign material was added to the Goods.
- Save as set out in 23.5 below, the Company shall not under any circumstances be liable for any loss or damage, whether special or general, direct or consequential, arising out of the sale of the goods by the Company to the Customer, or from any other cause whatsoever. The Customer hereby indemnifies the Company against all claims of whatsoever nature that may be made against the Company arising from the use by any person of the Goods supplied by the Company.
- The Company’s sole liability in respect of defective Goods shall, in the Company’s sole discretion, be to replace such Goods or to refund to the Customer the Price of such defective Goods.
- Warranties for a consumer
This clause only applies to a Consumer:
- The Company warrants that the Goods delivered complies with the details shown on the delivery note or invoice and complies with the Company’s standard specification for such goods.
- Liability for breach of the warranty set out in clause 24.1 shall only arise where the consumer has established, in addition to any other proof required by law, that:
- the Consumer has inspected the goods before use;
- the goods have not been worked or processed since delivery;
- the goods were not misused, neglected, contaminated, improperly handled, stored or altered in any way contrary to instructions and that no foreign material was added to the goods after leaving the control of the Company.
- The Consumer warrants that it is a consumer as defined in the CPA.
- The Consumer shall inform the Company immediately when its status as a Consumer has changed. When the status of a Consumer has changed then the provisions applicable to a Consumer in terms of these terms and conditions shall no longer apply to the Consumer.
- The Company shall be entitled to conduct its own investigations to verify whether or not a Consumer is still a Consumer. In this regard the Consumer shall on request provide the Company with all the relevant information, including audited financial statements, to enable the Company to verify the status of the Consumer.
- Liability for breach of the warranty set out in clause 24.1 shall only arise where the consumer has established, in addition to any other proof required by law, that:
- Resolution of technical disputes
- In the event of a dispute arising between the Company and the Customer regarding the quality, quantity or performance of the Goods supplied by the Company, such dispute shall initially be referred to the Company’s local representative and the Customer’s manager, who shall, meet and use commercially reasonable endeavours to resolve such dispute.
- If they are unable to resolve the dispute then the Company and the Customer shall each appoint a representative with
- appropriate knowledge and standing, who shall likewise meet within 5 working days after such referral and use commercially reasonable endeavours to resolve the dispute. If the dispute still remains unresolved, then the parties may refer the matter to:
- An independent expert appointed by; or
- Arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa proceed directly to the jurisdiction of the courts in terms of Clause 10; or
- Neither the Company nor the Customer may resort to the jurisdiction of the courts in terms of Clause 10 without first following the procedure in Clauses 25.1, 25.2 and 25.3, except to obtain urgent relief from the courts.
- In the event of a dispute or complaint by a Consumer who purchased the Goods from a customer who is a retailer or distributor regarding the quality, quantity or performance of the goods supplied, the Customer must take all reasonable steps to assist the Consumer as required in terms of the CPA. The Customer shall advise the Company of the complaint and all steps taken to resolve the dispute or complaint.
- Should the Customer not succeed in resolving the dispute or complaint then the Customer shall advise the Company accordingly and the Company shall use reasonable endeavours to resolve the complaint as soon as possible in accordance with the provisions of clauses 25.1 and 25.2.
- In the event of a dispute or complaint by a Consumer, who purchased the Goods directly from the Company, regarding the quality, quantity or performance of the Goods supplied, the Company shall use reasonable endeavours to resolve the dispute or complaint as soon as possible in accordance with the provisions of clauses 25.1 and 25.2. Despite the above, the Consumer is not prevented from referring any unresolved dispute between the Company and the Consumer to the National Consumer Commission established under the CPA.
- Nothing in this clause prevents the Customer to take legal action against the Company.
- Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at marketing@waxpak.test.
- Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
- Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
- Refunds and Returns
If you are not happy with your purchase, we will accept a return of the unused product within 7 days. Once we receive the returned item, Waxpak will assess and establish the recourse. Please allow 1-2 weeks for your return to be processed.
Returned items must be delivered to us unused, in original packaging and in the condition they were received or may not be eligible for refund or be subject to a restocking fee. We cannot be held responsible for items damaged or lost in return shipment, therefore we recommend an insured and trackable mail service.
Discounted items are not eligible for a return. Waxpak will not issue returns for products purchased through other entities, such as distributors or retail partners.
Should a full refund be given, this will exclude shipping as we are unable to refund the initial shipping cost of your order. We are unable to issue a refund without actual receipt of the item(s) or proof of received return delivery.
We aim to accept all returns. In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you. All goods will be inspected on return.
- Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Waxpak has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Waxpak or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
- Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
- Analytics
We may use third-party Service Providers to monitor and analyse the use of our Service.
- No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
- Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Waxpak and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Waxpak.
- Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to marketing@waxpak.test, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
- Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the COPYRIGHT ACT 98 OF 1978 by providing our Copyright Agent with the following information in writing (see for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at marketing@waxpak.test.
- Error Reporting and Feedback
You may provide us either directly at marketing@waxpak.test or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
- Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Waxpak.
Waxpak has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
- Disclaimer of Warranty
These services are provided by company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
- Limitation of Liability
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
- Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of South Africa, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
- Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
- Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
- Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
- Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
- Contact Us
Please send your feedback, comments, requests for technical support by email: marketing@waxpak.test.