THE SUPPLY GUYS WEBSITE PRIVACY POLICY

This privacy policy sets out the terms and conditions (“Terms”) of The Supply Guys (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 2018/363879 /07 which has its registered address at 379 Queens Crescent, First Floor Block 4, Sunwood Office Park, Pretoria, Gauteng (“Service Provider”) pertaining to the access and use of the information, products, services, and functions provided on www.supplyguy.co.za (“Website”).

The Supply Guys is committed to protecting and preserving the personal information of all visitors to the Website.   This website privacy policy (“Privacy Policy”) sets out the basis and governs the processing (which includes the collection, use and sharing) of personal information by The Supply guys which we may collect from you, or that you may provide to us either through the Website or via email or other correspondence.

1. GENERAL

1.1 These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.

1.2 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

1.3 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

1.4 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

1.5 This Website is controlled, operated, and administered by Service Provider from its offices within the Republic of South Africa. Service Provider makes no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.

1.6 Service Provider does not guarantee continuous, uninterrupted, or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.

1.7 If any provision of these Terms is held to be illegal, invalid, or unenforceable for any reason, such provision shall be severed from these Terms and the remaining provisions shall be enforced to the full extent of the law.

1.8 Service Provider’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

1.9 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.

1.10 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

2. WEBSITE TERMS AND CONDITIONS OF USE

2.1 Should any person that accesses the Website you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and/or using our services.

2.2 If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission, and consent to be bound by these Terms before purchasing any products or services.

2.3 Service Provider reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Service Provider from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

3. USE OF PERSONAL INFORMATION:

3.1 Service provider is committed to protecting your personal information. The personal information that we collect from you is used in accordance with this Privacy Policy.

3.2   Personal information means information that can identify you as an individual or is cable of identifying you. Personal information does not include general, statistical, aggregated or anonymised data.

3.3 The information that we collect from you includes, but is not limited to your name, surname, address, telephone number, valid South African identification number, email address, physical address.

3.4 This information may be collected from you when you register on our Website, provide us with your personal information, fill in forms on our Website or by corresponding with us by phone, email or otherwise.  You may also provide your information to us when you report any problem with respect to our Website.

3.5 With each visit to our Website, we may automatically collect and store certain personal information, which includes, but is not limited to the following information:

3.5.1 information about your use of our Website including details of your visits such as pages viewed and the resources that you accessed. Such information includes traffic data, location data and other communication data.

3.5.2 technical information, including your Internet Protocol (“IP”) address which is used to connect your computer to the internet, any login details, to the extent that it is used, operating system and browser type and platform for system administration; and information about your use of our Website including details of your visits such as pages viewed and the resources that you accessed. Such information includes traffic data, location data and other communication data.

4. CONTROLLING YOUR PERSONAL INFORMATION

4.1     You may choose to restrict the collection or use of your personal information in the following ways:

4.1.1   whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information provided to be used by anybody for purposes of direct marketing; and if you have previously agreed to us using your personal information for direct marketing purposes, you may opt-out of such direct marketing at any time by writing to or emailing us at  [email protected].

4.1.2 We will not disclose your personal information to third parties unless we have your consent or are by law required to do so.

4.2 You may request us to confirm, free of charge, whether we hold personal information about you, after having provided us with adequate proof of identity. You may also request the details of such personal information we hold about you against a payment of a prescribed fee. If you would like a copy of the personal information pertaining to you which we hold, please address a letter to us requesting same to [email protected].

4.3 If you need to correct, complete or delete any personal information you have provided to us, you may send an email request to [email protected], so that we can delete or correct any personal information found to be incorrect, incomplete or inaccurate.

5. LINKED THIRD PARTY WEBSITES AND THIRD-PARTY CONTENT

5.1 Service Provider may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and Service Provider does not endorse, nor does the inclusion of any link imply Service Provider’s endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

5.2 While Service Provider tries to provide links only to reputable websites or online partners, Service Provider cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Service Provider. Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party advertised websites on the Website.

5.3 You agree that Service Provider shall not be held liable, directly, or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website.

6. COOKIES

6.1Our Website use “cookies” or similar technology through which we may automatically collect certain personal information about you. A cookie is a small file text file created by a website that is stored in the user’s computer either temporarily for that session only or permanently on the hard disk. Cookies provide a way for the website to recognize you and keep track of your preferences.

6.2 Cookies help us to improve the Website and to deliver a better and more personalised service to you. They enable us to estimate our audience size and usage pattern, to store information about your preferences, and so allow us to customise the Website according to your individual interests and to recognise you when you return to the Website.

6.3 A You can choose to accept or decline cookies. Most browsers are set by default to accept cookies automatically, however in most cases you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies or not.

7. SAFEGUARDING OF PERSONAL INFORMATION:

7.1 We will take all reasonable, appropriate, and technical measuresto protect your personal information in our custody or control against theft, loss or unauthorised collection, use, disclosure, copying, modification, or destruction.

8. RISK, LIMITATION OF LIABILITY AND INDEMNITY

8.1The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

8.2The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall service provider be liable for any loss, harm, or damage suffered by the user as a result thereof. Service provider reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.

8.3To the extent permissible by law:

8.3.1 Neither service provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if service provider knows or should reasonably have known or is expressly advised thereof.

8.3.2 The liability of service provider for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of service provider. However, in no event shall service provider be liable to the user for loss of profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.

8.3.3You hereby unconditionally and irrevocably indemnify service provider and agree to hold service provider free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by service provider or instituted against service provider as a direct or indirect result of:

8.3.3.1 your use of the website;

8.3.3.2 software, programs and support services supplied by, obtained by, or modified by you or any third party without the consent or knowledge of service provider;

8.3.3.3 your failure to comply with any of the terms or any other requirements which service provider may impose from time to time;

8.3.3.4the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

8.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of service provider.

8.4 The Service provider makes no warranty or representation as to the availability, accuracy, or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against service provider for any LOSS suffered by you, as a result of information supplied by service provider being incorrect, incomplete, or inaccurate.

9. Intellectual property rights

9.1 All intellectual property on the website, including but not limited to content, trademark (or any confusingly similar trademarks), trade names, logos, pictures, videos, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons, and hyperlinks are the property of or licensed to Service Provider and as such, are protected from infringement by domestic and international legislation and treaties.

9.2 Subject to the rights licensed to you in terms of this policy, all other rights to intellectual property on the website are expressly reserved. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the website. No person may use logos, icons, or trademarks from the website as hyperlinks or for other purposes without the Service Provider’s consent.

9.3 By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on the Website, you automatically grant Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this license, you retain any and all rights that may exist in such content.

9.4 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.

9.5 Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.

9.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material.

9.7 Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes. Except with Service Provider’s express written permission, no proprietary material from this Website may be copied or retransmitted.

9.8Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title, or interest in any such material.

9.9 Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

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