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These are the Terms and Conditions of use relating to the Flex-Power website located at https://Flex-Power.co.za/ ("the Website") provided by FlexFuel Ltd ("Flex-Power"), a company based in the Republic of South Africa ("South Africa"). These terms and conditions ("Terms and Conditions") govern your ("the User") use of the Website. By accessing or using the Website, the Users bind themselves to the Terms and Conditions set out in this document. The content on the Website is either proprietary to Flex-Power or utilised under a written license agreement with the proprietor of such content. Users may not access, display, use, download, and/or otherwise copy or distribute any such content obtained on the Website for any purposes other than as provided for in these Terms and Conditions without the prior consent of Flex-Power or the individuals to whom any relevant personal information relates.
The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall not govern or affect the interpretation of these Terms and Conditions.
Active Processing Instances where Flex-Power has directly been provided with the Personal Data of Data Subjects, such as when Users submit an enquiry in respect of the Services, or when Users provide Personal Data to Flex-Power while using the Website.
Applicable Laws All applicable laws, regulations, regulatory requirements, and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
Client Any person making use of the Flex-Power Website.
Cookies Small text files that store Non-personally Identifiable Information about Users, either temporarily in connection with a User’s Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a User’s device (known as a permanent or persistent cookie).
Device The device used by the User to access the Website, such as a desktop computer, laptop, smartphone, tablet, or similar device.
Data Protection Legislation Any data protection or data privacy laws applicable within any Territory.
Data Subject(s) Any person to whom any Personal Data relates, including the User.
Flex-Power a company duly registered and incorporated in accordance with the laws of the Republic of South Africa with registration.
Flex-Power’s Associates Flex-Power’s officers, servants, agents, or contractors or any other persons in respect of whose actions Flex-Power may be held to be vicariously liable.
Governing Law The laws of the Republic of South Africa.
Intellectual Property All intellectual property subsisting in, pertaining to, or used on, through, or by means of the Website, including, without limitation, documents, designs, Trade Marks, service marks, data, trade secrets, methods, and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda, and design documents), as well as any goodwill and rights of reputation attaching to any of the above.
Non-personally Identifiable Information/Data Any information/data which cannot be linked to Users, such as an internet domain name, the type of web browser used by a User, the type of operating system relied on by a User, the date and time of a User’s visit to the Website, the specific pages a User may have visited, and the address of the website which a User may have visited prior to entering or gaining access to Flex-Power’s Website.
Passive Processing Instances where Flex-Power has not actively been provided with the Personal Data of Users, such as when Flex-Power deploys inactive means to collect information from Users. These Passive Processing means allow Flex-Power to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Users.
Person Where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organization, association, or partnership, with or without a separate juristic personality.
Personal Data Any information relating to a User/Data Subject that would enable the identification of a Person or any Data Subject, including name, identification number, registration number, financial information, statutory information, location data, online identifier, or any other factors specific to the physical, physiological, genetic, mental, economic, cultural, social, corporate, or financial identity of that Person. Special categories of data include personal data pertaining to racial or ethnic origin, political opinion, religious or philosophical beliefs, trade union membership, physical or mental health or condition, sexual orientation, genetic or biometric data.
Privacy Policy Flex-Power’s privacy policy sourced at https://Flex-Power.co.za/privacy-policy/, which is supplementary and complimentary to these Terms and Conditions and which provisions are read into these Terms and Conditions as if specifically incorporated herein.
Processing Any automated or manual activity of collecting, recording, organizing, storing, updating, distributing, and removing or deleting Personal Data.
Services The Website and any information, and any services provided on and through the Website.
Service Providers Any Person that has been contracted by Flex-Power to render specific Products or Services to clients of Flex-Power.
Territory Any country where Flex-Power and its Affiliates conduct business or have operations or are actively pursuing business development opportunities, as well as such other countries as may be stated on Flex-Power’s Website from time to time.
Trademarks All registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos, and slogans utilized by Flex-Power in facilitating the User’s use of the Services, as well as on the Website.
User(s) Any Person(s) nominated who use the Website and associated Services.
Web-based Format The format of the Website which can be accessed by the Users through their web browser by entering a particular website.
Website The website owned and operated by Flex-Power sourced at https://Flex-Power.co.za.
The User warrants that they are at least 18 (eighteen) years of age and have the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of another Person, the User warrants that they have the necessary authority and capacity to enter and bind such Person to these Terms and Conditions.
Flex-Power reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the obligation of the User to periodically check these Terms and Conditions on the Website for changes or updates. The continued use of this Website by the User following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
By using the Website or communicating with Flex-Power by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.
The User also accepts that when visiting the Website or communicating with Flex-Power electronically, Flex-Power may communicate with the User, using various electronic channels. All records that a User sends to Flex-Power may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records unless you can prove otherwise.
At the discretion of Flex-Power, they may include references to or facilitate access to services rendered by third-party Service Providers and provide links to the sites of third-party Service Providers. These third-party Service Providers and their sites have separate and independent terms and conditions of use and privacy policies applicable to their products, services, and respective sites. Flex-Power shall bear no responsibility or liability for the Products and Services offered or rendered by such third-party Service Providers or the content and services provided through or by means of their respective sites.
Flex-Power makes no warranties or representations whatsoever regarding the Products and Services offered or rendered by any third-party Service Provider, or the content or activities of such third-party websites, which may be accessed or used through or by means of Flex-Power’s Website.
The User acknowledges that Flex-Power merely facilitates the User’s access to such third party’s products, services, and/or website and does not itself offer the products or render the services of such third party to the User.
The User acknowledges that neither Flex-Power, nor its directors, prescribed officers, agents, or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of or the website of a third party, as well as any functionality of said website and the products offered or services rendered through or by means of said website, or of any linked website, even if Provider is expressly advised thereof.
These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or ‘serve’) the advertisements that appear on the Website directly to the User’s browser. They automatically receive the User’s IP address when this happens. They may also use Cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. Flex-Power does not have access to or control over Cookies or other features that they may use, and the information practices of these third-party websites and advertisers are not covered by these Terms and Conditions, nor the Privacy Policy. Please contact them directly for more information about their privacy practices.
Subject to the rights afforded to the User herein, all rights, title, and interest in and to all materials, information, data, software, multimedia, and other content available on or through the Website, including but not limited to databases, patents, copyrights, trademarks, trade secrets, know-how, methods, logos, and designs are owned or licensed to Flex-Power, and are protected by law, including but not limited to copyright and trademark law. Unless otherwise indicated, all rights, title, and interest in and to any Intellectual Property subsisting in, pertaining to, or used on, through, or by means of the Website are the sole property of Flex-Power.
Flex-Power expressly reserves all rights in and to the Website and all materials, information, data, software, multimedia, and other content available on or through the Website that are not specifically granted to the User in these Terms and Conditions. The User acknowledges that they do not acquire any ownership rights in and to any Intellectual Property by accessing the Website.
Except as otherwise provided in these Terms and Conditions, the User is not permitted to copy, reproduce, duplicate, reverse-engineer, modify, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use or interfere with the Website or the Intellectual Property. In addition, Users may not interfere with or in any manner compromise the Website or Intellectual Property and/or the operation or functionality of any of Flex-Power’s websites linked to the Website.
Users may not use logos, icons, photos, and/or trademarks from the Website as hyperlinks or for other purposes without Flex-Power’s prior written consent.
The Website may contain hyperlinks to websites that are not controlled by Flex-Power. The User acknowledges that these Terms and Conditions do not apply to any such websites, and Flex-Power is not responsible for the content or services offered by or through such websites. The User’s use of such websites shall be subject to the terms and conditions of use of such websites.
The User shall not use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, the User agrees that they shall not use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute, or modify the Website or the information contained herein, without the prior written consent from an authorized Flex-Power representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct Users to this Website).
The User agrees to indemnify and hold Flex-Power harmless from any and all losses, damages, and expenses (including attorney fees) relating to the User's breach of these terms and conditions.
These Terms and Conditions and all disputes and claims arising from or related to the User’s use of the Website, whether contractual or non-contractual, shall be governed and construed in accordance with the laws of South Africa.
Any dispute or claim arising out of or in connection with these Terms and Conditions, the Website, or the use thereof, shall be resolved by arbitration in Johannesburg, in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), by an arbitrator appointed by AFSA. The decision of the arbitrator shall be final and binding on both parties.
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and Conditions and the remaining provisions shall continue in full force and effect.
These Terms and Conditions, along with any other terms and conditions or policies referred to herein, constitute the entire agreement between the User and Flex-Power regarding the use of the Website and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
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