Terms and Conditions of Fourways Group

These terms and conditions are the contract between you and Fourways Group. By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.

We are Fourways Group

You are: Anyone who uses Our Website or makes us of any Service from us.

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.

These are the agreed terms

Installation SLA

By accepting any installations on My Portal will have entered into a standard SLA with Fourways Airconditioning and their online stores. If these terms are not adhered to Fourways Air reserves the right to remove the installer from their list of preferred installers on the online stores.

  1. Contact is to be made with the customer enquiring/purchasing within the same working day of receiving an enquiry or order
  2. Delivery and/or installation (where applicable) needs to be completed within 2-5 working days from date of purchase or as stipulated by the customer.
  3. Once delivery and/or installation has been completed, the installer will inform Fourways Airconditioning that the job has been completed by closing the installation on the portal. On doing so the customer will receive an e-mail to rate the installation from one to five stars. This rating will effect your overall rating on the Fourways websites.
  4. A credit will then be passed on your account with Fourways to the full value of the product/s purchased.

Portal conditions of use

  1. Definitions

    “Content”
    means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

    "Intellectual Property"
    means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

    “Our Website”
    means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Fourways group of companies. It includes all web pages controlled by us.

    "Post"
    means place on or into Our Website any Content or material of any sort by any means.

    “Services”
    means all of the services available from Our Website, whether free or charged.

    “Visitor”
    means anyone who visits Our Website.

     

  2. Interpretation

    In this agreement unless the context otherwise requires:

    1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
    2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
    3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
    4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
    5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
    6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
    7. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

  3. Basis of Contract

    1. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
    2. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
    3. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
    4. Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
    5. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
    6. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
    7. Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
    8. The contract between us comes into existence when you register to access the dealer portal.
    9. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
    10. We may change this agreement and / or the way we provide the Services, at any time. If we do:
      1. The change will take effect when we Post it on Our Website.
      2. You agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.
      3. If you make any payment for Services in the future, you will do so under the terms Posted on Our Website at that time.

  4. Your account and personal information

    1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
    2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
    3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

  5. Privacy Policy

    1. Please see privacy policy of Fourways Group

  6. Interruption to Services

    1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
    2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
    3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

  7. Intellectual Property

    You agree that at all times you will:

    1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
    2. notify us of any suspected infringement of the Intellectual Property;
    3. so far as concerns software provided or made accessible by us to you, you will not:
      1. copy, or make any change to any part of its code;
      2. use it in any way not anticipated by this agreement;
      3. give access to it to any other person than you, the licensee in this agreement;
      4. in any way provide any information about it to any other person or generally.
    4. not use the Intellectual Property except directly in our interest.

  8. Disclaimers and limitation of liability

    1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    3. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
      1. useful to you;
      2. of satisfactory quality;
      3. fit for a particular purpose;
      4. available or accessible, without interruption, or without error.
    4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    5. We make no representation or warranty and accept no responsibility in law for:
      1. accuracy of any Content or the impression or effect it gives;
      2. delivery of Content, material or any message;
      3. privacy of any transmission;
      4. third party advertisements which are posted on Our Website or through the Services;
      5. the conduct, whether online or offline, of any user of Our Website or the Services;
      6. failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
      7. any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
      8. any aspect or characteristic of any services advertised on Our Website;
    6. you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding [12] month period for the Services concerned.
    7. Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of R [Amount]. This applies whether your case is based on contract, tort or any other basis in law.
    8. We shall not be liable to you for any loss or expense which is:
      1. indirect or consequential loss; or
      2. economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
    9. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
    10. If you become aware of any breach of any term of this agreement by any person, please tell us by contacting us at customercare@fourwaysaircon.co.za. We welcome your input but do not guarantee to agree with your judgement.

  9. You indemnify us

    You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    1. your failure to comply with the law of any country;
    2. your breach of this agreement;
    3. any act, neglect or default by any agent, employee, licensee or customer of yours;
    4. a contractual claim arising from your use of the Services;
    5. a breach of the intellectual property rights of any person; and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at our rate per hour without further proof.

  10. Miscellaneous matters

    1. You undertake to provide to us your current address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
    2. The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    5. Fourways Group respects your privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.
    6. If you are in breach of any term of this agreement, we may:
      1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      2. terminate your account and refuse access to Our Website;
      3. remove or edit Content, or cancel any order at our discretion;
      4. issue a claim in any court.
    7. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    8. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    9. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
      It shall be deemed to have been delivered:
      if delivered by hand: on the day of delivery;
      if sent by post to the correct address: within 72 hours of posting;
    10. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    11. This agreement does not give any right to any third party.
    12. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
    13. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    14. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.