Acceptance of Terms
Enartis South Africa (Pty) Ltd permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any accommodation offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Enartis South Africa (Pty) Ltd’s, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to Enartis South Africa (Pty) Ltd. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized Enartis South Africa (Pty) Ltd representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While Enartis South Africa (Pty) Ltd takes reasonable measures to ensure that the contents of this Website are accurate and complete, Enartis South Africa (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. Enartis South Africa (Pty) Ltd reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
Enartis South Africa (Pty) Ltd will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Enartis South Africa (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. Enartis South Africa (Pty) Ltd does not accept any responsibility for any errors or omissions on this Website.
Enartis South Africa (Pty) Ltd has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. Enartis South Africa (Pty) Ltd will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which Enartis South Africa (Pty) Ltd will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
Enartis South Africa (Pty) Ltd shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on Enartis South Africa (Pty) Ltd; (b) to protect and defend the rights or property of Enartis South Africa (Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or third parties who assist Enartis South Africa (Pty) Ltd in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
WHILST ENARTIS SOUTH AFRICA (PTY) LTD IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
Enartis South Africa (Pty) Ltd will:
• treat your personal information as strictly confidential;
• take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
• provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
• upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and Enartis South Africa (Pty) Ltd is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because Enartis South Africa (Pty) Ltd has no control over such external sites and resources, you acknowledge and agree that Enartis South Africa (Pty) Ltd is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of Enartis South Africa (Pty) Ltd, which may be withheld or granted subject to such conditions Enartis South Africa (Pty) Ltd may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at Enartis South Africa (Pty) Ltd. At times those comments may contain references to matters not related to Enartis South Africa (Pty) Ltd. Those references do not necessarily represent the views of Enartis South Africa (Pty) Ltd.
Limitation of Liability
ENARTIS SOUTH AFRICA (PTY) LTD SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF ENARTIS SOUTH AFRICA (PTY) LTD.
YOU HEREBY INDEMNIFY ENARTIS SOUTH AFRICA (PTY) LTD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM ENARTIS SOUTH AFRICA (PTY) LTD OR ONE THAT PURPORTS TO EMANATE FROM ENARTIS SOUTH AFRICA (PTY) LTD, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF ENARTIS SOUTH AFRICA (PTY) LTD.
Changes to these Terms and Conditions
Enartis South Africa (Pty) Ltd reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
Enartis South Africa (Pty) Ltd may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Enartis South Africa (Pty) Ltd will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
EMAIL DISCLAIMER ENARTIS SOUTH AFRICA (PTY) LTD:
This e-mail may contain confidential information and may be legally privileged and is intended only for the person to whom it is addressed. If you are not the intended recipient, you are notified that you may not use, distribute or copy this document in any manner whatsoever. Kindly also notify the sender immediately by telephone, and delete the e-mail. Enartis South Africa (Pty) Ltd does not accept liability for any damage, loss or expense arising from this e-mail and/or accessing any files attached to this e-mail. Disclaimer is deemed to form part of the content of this email in terms of Section 11 of the Electronic Communications &Transactions Act, 25 of 2002.
REFUND POLICY ENARTIS SOUTH AFRICA (PTY) LTD:
Please choose carefully. Enartis South Africa (Pty) Ltd does not normally give refunds with regards to goods being supplied if you simply change your mind or make the wrong decision.You can choose between a refund, exchange, where goods are defectivewithin the warranty period or within 10 business days the goods are wrongly described, different from the sample shown to you or do not perform.If the goods are installed, affixed amended we will not accept a return of the equipment, unless defective.We may charge a handling fee if the return is accepted by management.
CANCELLATION POLICY ENARTIS SOUTH AFRICA (PTY) LTD:
Enartis South Africa (Pty) Ltd requires a deposit of 10% to confirm the reservation for the goods being supplied. We may impose a cancellation fee in the event of cancellation before the date of delivery of the goods. The fee will depend on the nature of the reservation, the length of notice of cancellation before reservation, the reasonable potential to find alternative clients for the reservation and the reason for cancellation.No refunds on deposits in the event of cancellation for already ordered/made Special–Order goods.
DELIVERY POLICY ENARTIS SOUTH AFRICA (PTY) LTD:
Notwithstanding anything to the contrary, Enartis South Africa (Pty) Ltd’s obligation to supply goods on time shall in all cases be subject to the following:
Enartis South Africa (Pty) Ltd will communicate unavoidable delay in the delivery.