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Terms of Service

WEBSITE USAGE TERMS AND CONDITIONS

Welcome to the Afripower SA website. By browsing and using this website, you agree to comply with and be bound by the following terms and conditions of use (“Terms”), which, along with our Privacy Policy, govern Afripower SA’s relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website. Clicking on the “I agree” button signifies that you have read and accepted these Terms.

These Terms contain warranty disclaimers and other provisions that limit Afripower SA’s liability towards you, or may require you to indemnify us or assume a risk or liability. Any such terms will be highlighted in the same style as this paragraph. By using the Website, you acknowledge that you have read, accepted, and will be bound by these Terms as read with the Privacy Policy. If you do not agree to this, please do not use the Website.

DEFINITIONS

Generally, words and expressions used in these Terms shall bear the ordinary meaning assigned to them unless the context indicates otherwise. The following specified words and expressions shall bear the meanings assigned thereto and cognate words and expressions shall bear corresponding meanings:

  • “Outright Purchased or Rent to own system”: The purchase of a listed solar Outright Purchased or Rent to own system through the Website, subject to the terms and conditions listed on the Outright Purchased or Rent to own system Agreement itself and/or from the website from which the Outright Purchased or Rent to own system is purchased.
  • “Afripower SA”, “we”, “our” or “us”: Afripower SA (Pty) Ltd.
    • “you” or “your”: The person or organization viewing the Website and/or utilizing the Services.
  • “Indemnified Parties”: Afripower SA, its directors, officers, agents, employees, contractors, service providers, suppliers, consultants, and any entities, associates, or affiliates related to the Website.
  • “Intellectual Property Rights”: Intellectual property protected by common law, international treaty, the Geneva Convention, or under statute.
  • “Listed Outright Purchased or Rent to own system”: The offering for sale, placing of or creating of any type of offer to sell goods or services through the Website.
  • “Privacy Policy”: The privacy policy located at [insert hyperlink].
    • “Purchaser”: Any natural person, association, business, close corporation, company, enterprise, firm, partnership, trust, voluntary undertaking, or similar body whether incorporated or unincorporated that purchases any goods or services offered for sale on this Website.
  • “Service Provider”: The service provider who sells the Outright Purchased or Rent to own system to you and with whom you make a Purchase.
  • “Services”: Our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services accessible to you via our Website.
  • “Terms”: The terms and conditions contained herein, together with our Privacy Policy.
  • “Website”: Our website located at https://afripower.co.za including all subdomains and sites associated with those domains, and other websites that we operate now and in the future as well.

GENERAL UNDERTAKINGS BY YOU

To purchase a Solar Outright Purchased or Rent to own system, you must:

  • Be at least eighteen (18) years of age.
  • Undertake to provide current and accurate information.
  • Agree to the Terms.
  • Specifically, agree that you are responsible for all content and information that you provide and your activities on the Website.
  • Agree that you will use the Website in compliance with all applicable laws, rules, and regulations.
  • Agree that you will not use the Website to solicit the performance of any activity which infringes our rights or the rights of others.

If you break any of your undertakings above or any of these Terms, we may block you from the Website. Your actions may also subject you to legal consequences. As long as you comply with our Terms, we grant you a non-exclusive, non-transferable, limited privilege to use the Website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

SHARING YOUR PERSONAL DATA

To facilitate your access to the Website and to provide the Services to you, we are required to process some of your personal data and to share some of this personal data with certain third parties, such as our duly appointed service providers. We shall process this personal data in accordance with applicable data privacy legislation and our Privacy Policy.

Please also read the Privacy Policy to understand the types of personal data we collect about you, where we collect it from, who we may need to share it with, how long we retain it for, whether it leaves the country in which we collected it, and how you can request access to and/or deletion of your personal data. Any information and data you provide to us must be accurate, truthful, and up to date. By using the Website and/or the Services, you warrant that you are not misrepresenting your identity or contributing any false or inaccurate information or data via the Website.

PROVISIONS RELATING TO THE PURCHASER

The Purchaser warrants that:

  • Information and feedback provided by the Purchaser to the Website and to the Service Provider as well as any communication which may take place between any of the aforementioned parties:
    • Is accurate and not false, misleading, deceptive, or fraudulent.
    • The intended recipient of the information, feedback, and communication provided by the Purchaser may be accepted as being true and correct and may as such be relied upon and acted on.
    • Does not breach any Intellectual Property Rights of a third party.
    • Is lawful.
    • Is not threatening, offensive, intended to unlawfully intimidate or may otherwise threaten the safety, security, or well-being of others.
    • Does not contain any malicious software, viruses, worms, and the like which may cause harm.
  • He or she is of majority age and entitled to make the purchase of the Listed Outright Purchased or Rent to own system.
  • He or she is able to perform the obligations commonly associated with purchasing goods and/or services.
  • He or she has read and understood the terms and conditions associated with the goods and/or services.

The Purchaser agrees that:

  • Any acceptance of an offer by the Purchaser will, once accepted by the Service Provider, be legally binding and enforceable.
  • The purchase of any goods and/or services is absolutely at the Purchaser’s own risk.
  • He or she has read and understood the terms and conditions of the sale and has taken note of all exclusions relating to terms, warranties, and conditions and has agreed to all applicable terms.

USE OF PURCHASE

Any purchase of a Outright Purchased or Rent to own system is for the Purchaser’s non-commercial personal use only.

  • The reproduction of a Outright Purchased or Rent to own system is prohibited.
  • The commercial trade of a Outright Purchased or Rent to own system is prohibited
  • Cancellation and Refunds is at the discretion of Afripower SA and will be discussed with the purchaser at such a time.

PERIODIC CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time without notice to you. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. It is your responsibility to check the Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

BREACH

If any of the parties commits a breach of these Terms (“the Defaulting Party”), and/or fails to comply with any of the provisions thereof, then the party against whom the breach is committed (“the Innocent Party”) shall be entitled to give the Defaulting Party 7 (seven) calendar days’ notice in writing to remedy such breach and/or failure and if the Defaulting Party fails to comply with such notice, then the Innocent Party shall forthwith be entitled, but not obliged, without prejudice to any other rights or remedies which the Innocent Party may have in law, including the right to claim damages:

  • Cancel the agreement between the parties and/or claim damages; or
  • To claim immediate performance and/or payment of all the obligations of the Defaulting Party in terms hereof.

DISCLAIMER AND LIMITATION OF LIABILITY

You understand and agree that the Service Provider is the seller and the provider of the Listed Outright Purchased or Rent to own system, not the Website. You understand and agree that you and the Service Provider enter into a contract when the Listed Outright Purchased or Rent to own system is purchased. The parties to the contract are you and the Service Provider, not the Website. You understand and agree that the Service Provider is solely responsible for providing the service to you as per the Outright Purchased or Rent to own system Agreement, not the Website.

Neither we nor any third party provide any warranty or guarantee as to the accuracy, timelines, performance, completeness, or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You acknowledge that the Website and the Services are provided on an ‘as is’ basis, without any warranty that the Website and/or the Services will be free from defects, to the extent that it is lawful to do so, and that the existence of errors in the Website and/or the Services alone will not constitute a breach of these Terms. In the event of any such defect or error, your sole remedy will be to cease your use of the Website and/or the Services.

From time to time, the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s). In no event shall we be liable for any special, incidental, or consequential damages of any kind or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this website or information or services provided.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of South Africa, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of South Africa

CONTACT INFORMATION

If you have any questions or comments about these Terms, please contact us at lieffenc@afripowersa.co.za