Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. You may not use the site if you do not agree to be bound by these terms. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.
While we make reasonable efforts to provide accurate and timely information about Barloworld Power and associated companies on this site, you should not assume that the information provided is always current or that this site contains all the relevant information available. In particular, if you are making an investment decision regarding Barloworld Power, kindly consult your stockbroker, financial advisor or other sources.
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the site ("Feedback"), but Barloworld Power shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your feedback and comments. Once disclosed, submitted or offered, your Feedback and Comments shall become the property of Barloworld Power. Barloworld Power will thus exclusively own all such rights, title and interests in the Feedback and Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Feedback and Comments.
You warrant that the Feedback and Comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Feedback and Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Barloworld Power disclaims any liability towards any third party regarding your Feedback and Comments and you shall remain accountable towards any third party regarding the contents of your Feedback and Comments.
Your privacy is very important to Barloworld Power and therefore any information that you provide to us is will be securely stored. Barloworld Power may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt out of this service.
Barloworld Power does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the site to each other and, amongst others, business partners and affiliates, including, but not limited to, the Barloworld Group, its advertisers, suppliers and other selected third parties. Barloworld Power may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
Barloworld Power retains all copyright in all material, including logos and other graphics, which form part of the site.
All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of Barloworld Power.
Barloworld Power grants you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order, for your personal use only.
Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Barloworld Power and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Barloworld Power and/or such trademark and/or copyright owner.
Advertising and Links
External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between Barloworld Power and any linked third party or any endorsement by Barloworld Power of such third party and use of or reliance on any external links provided is at your own risk.
Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between Barloworld Power and any third party placing such advertising or promotional material on the site or any endorsement by Barloworld Power of such third party and use of or reliance on any such material is entirely at your own risk.
Disclaimers and Exclusions of Liability
You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and Barloworld Power makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
Barloworld Power disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
Barloworld Power does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, Barloworld Power shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Barloworld Equipments' negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.
Barloworld Power, its directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet.
You will indemnify Barloworld Power and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by Barloworld Power pursuant to any such order.
Notwithstanding any other provisions contained herein, Barloworld Power's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only.
In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify Barloworld Power for any damage caused by any such act attributable to you.
Barloworld Power may suspend the site or any part thereof or terminate your account at any time if it is deemed that you are not using the site in compliance with this agreement or if Barloworld Power believe the information provided by you is untrue, inaccurate or incomplete.
In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
Any indulgence of extension of time granted by Barloworld Power to you shall not be construed as a waiver or variation of any of our rights or remedies.
At the option of Barloworld Power, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
This Agreement is governed by the laws of the Republic of South Africa
Download: Standard Trading Terms and Conditions [pdf, 121kb]