PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications for South Africa (the “Services”). If you have any questions, comments, or concerns regarding the Services, please contact us at sales@headlightcentre.co.za.
These Terms of Use (the “Terms”) are a binding contract between end users (“you”) and Headlight Centre (“we”, and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
1. Usage of these Services
1.1. You may be required to sign up for an account, and select a password and user name. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
1.2. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
1.3. You will only use the Services for your own internal, personal use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by any applicable laws, then you aren’t authorised to use the Services.
1.4. You will not share your account or password with anyone, and you must protect the security of your account and your password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else. You’re responsible for any activity associated with your account.
2. Additional restrictions on your use of the Services
2.1. You represent, warrant, and agree that you will not contribute, host, display, upload, modify, publish, transmit, update or share any Content or otherwise use the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, libelous, invasive of another’s privacy, racially or ethnically objectionable, or otherwise objectionable;
- Harms minors in any way;
- Runs any mail list, auto-responder or “spam”, or any processes that interfere with the proper working of the Services;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of the Services or Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services;
- Contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource.
2.2. A violation of any of the foregoing is grounds for removal of Content, suspension or termination of your right to access or use the Services.
3. What are your rights in the Services?
3.1. The materials displayed or available on or through the Services, including text, graphics, data, articles, photos, images and illustrations (the “Content”) are protected by copyright and/or other intellectual property laws.
3.2. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit any Content not owned by you, without the prior consent of the owner of that Content, or in a way that violates someone else’s rights.
3.3. You understand that Headlight Centre owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
4. Who is responsible for what you see and do on the Services?
4.1. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such content at your own risk.
4.2. We cannot control and have no duty to take any action regarding how you interpret and use the Content or what actions you may take as a result. We can’t guarantee the identity of any users with whom you interact in using the Services.
4.3. You are responsible for all Content you contribute to the Services, and you represent and warrant you have all rights necessary to do so.
4.4. Headlight Centre has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third party websites. By using the Services, you release and hold us harmless from any liability arising from your use of any third party website or service.
4.5. Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, are solely between you and such organisations and/or individuals.
5. General
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features or impose limits on certain features. We reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
6. Do the Services cost anything?
6.1. It is currently free to access and browse the Services.
6.2. Should you choose to purchase products through the Services, you alone will be responsible for paying the purchase price of any products you buy, in addition to any taxes and/or delivery costs.
7. Prices
7.1. You are responsible for reading the full item listing before purchasing. By confirming your purchase, you agree to accept and pay for the item(s), as well as all shipping/delivery and handling charges and applicable taxes.
7.2. In order to make purchases, you must provide accurate and complete information for a valid payment method that you are authorised to use.
7.3. Pricing or availability errors may occur. Headlight Centre reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation.
7.4. All prices quoted on the Website are in South African Rand (ZAR), and include Value Added Tax (VAT). Prices quoted are per product, as indicated.
7.5. All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order.
8. Availability
8.1. All the products displayed on the website are subject to availability.
8.2. In the event of a particular product in your order not being available, we will contact you to suggest an alternative product.
8.3. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order.
8.4. Special promotions may be subject to certain conditions, including availability and limited offer stipulations.
8.5. Headlight Centre reserves the right to discontinue or change the specifications of our products from time to time without notice, or to adjust our prices, in which event you will be informed thereof at the time of confirmation of your order.
9. Direct Marketing
9.1. Users may, from time to time, receive information regarding new products/promotions available on our Website. Should you not wish to receive any such notices, please send us an email at sales@headlightcentre.co.za.
10. Warranty Disclaimer
10.1. Neither Headlight Centre nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
11. Breach
11.1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, temporarily or indefinitely suspend/terminate/block your account and/or refuse you access in the event that: you breach the Terms, privacy policy or other policies; we are unable to verify or authenticate any information you provide; or it is believed that your actions may cause legal liability for you, other users, or us.
11.2. If you breach the Terms or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action.
12. Severability
12.1. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
13. Confidentiality
13.1. During the course of your use of the Services, you may receive information relating to us that is not known to the general public (“Confidential Information”). You agree that all Confidential Information will remain Headlight Centre’s exclusive property; that you will use it only as is reasonably necessary for your participation in the Services; that you will not otherwise disclose it to any other person or entity; and that you will take all reasonable measures to protect it.
13.2. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way without our advance written permission.
14. Vouchers and Coupons
14.1. Headlight Centre may, from time to time, make physical or electronic gift vouchers or promotional coupons or discounts available for use on the Website towards the purchase of products.
14.2. The use of such vouchers and coupons shall be subject to the Vouchers and Coupons Terms and Conditions, also available on our Website.
15. Records of transactions
15.1. Customers may access a full record of their transaction/purchase history by contacting us. Records shall be maintained for a period of 12 (twelve) months.
16. Links to Third Party Sites
16.1. Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under our control and you therefore access them at your own risk. The inclusion of any link does not imply affiliation, endorsement or sponsorship by us of any linked site.
17. Use of our logos, content and images
17.1. You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our intellectual property rights.
18. Trademark, Copyright and Restriction
18.1. The Website is controlled and operated by Headlight Centre. All material on the Website, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute any material in any way without our prior written consent. Modification or use of the material for any purpose other than personal, non-commercial use is a violation of our copyrights, trademarks, and other proprietary rights.
19. Applicable law and jurisdiction
19.1. These Terms are to be governed, interpreted and implemented in accordance with the laws of South Africa.
19.2. Any dispute arising in relation to our Terms shall, to the extent permitted by law, be referred to arbitration in KwaZulu-Natal at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION OF SAME HEREAFTER.
If you have any questions regarding our Website, the Terms, products or services, please contact us.