Last Updated: January, 2023
Our Terms of Service are outlined under the following sections:
- User Conduct
- Intellectual Property
- Limited Liability
- Jurisdiction and Governing Law
- Dispute Resolution
- Additional Information and Contact
We understand that legal documents can be difficult to understand, so we have done our best to write these terms in plain language.
1. User Conduct
You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this website.
By using this website, you agree to not:
- Post or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a representative of Basterfield Engineering (Pty) Ltd, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website;
- Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
- Use the website for any illegal or unauthorized purpose;
- Post or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. Intellectual Property
All content included on this website, such as text, graphics, logos, icons, images, product descriptions and software, is the property of Basterfield Engineering (Pty) Ltd or its content suppliers and protected by South African and international copyright laws. The compilation of all content on this website is the exclusive property of Basterfield Engineering (Pty) Ltd and protected by South African and international copyright laws.
By using this website, you acknowledge that the content is protected by intellectual property rights and agree to not use the content in any way that infringes those rights. In particular, you agree not to:
- reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or the products information without the express written consent of Basterfield Engineering (Pty) Ltd;
- use any robot, spider, or other automated device to monitor or copy any content from the website;
- remove or alter any trademark, logo, copyright or other proprietary notice or legend displayed on the website or the products information; or
- use the website or the products information for any purpose that is illegal or prohibited by these Terms of Service.
In addition, if you contribute user-generated content (such as comments, reviews, etc.) to the website, you grant Basterfield Engineering (Pty) Ltd a non-exclusive, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
3. Limited Liability
Basterfield Engineering (Pty) Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- The use or inability to use the website;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the website; or
- Any other matter relating to the website.
Basterfield Engineering (Pty) Ltd shall not be liable for any damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Additionally, Basterfield Engineering (Pty) Ltd shall not be liable for any errors or omissions in the content of this website, or for any actions taken in reliance thereon.
This limitation of liability applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4. Jurisdiction and Governing Law
This website is controlled and operated by Basterfield Engineering (Pty) Ltd from its offices within South Africa. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of South Africa, without regard to the conflicts of laws principles thereof. You also agree to be subject to the exclusive jurisdiction of the courts of South Africa with respect to any legal proceedings arising out of or in connection with your use of this website.
5. Dispute Resolution
In the event of any dispute arising out of or in connection with your use of this website, the parties shall attempt to resolve the dispute through friendly consultations. If the parties are unable to resolve the dispute through friendly consultations within a reasonable time, either party may submit the dispute to arbitration in accordance with the Rules of the Arbitration Foundation of South Africa. The arbitration shall be conducted in English and shall take place in Johannesburg, South Africa.
6. Additional Information and Contact
Changes to the Terms of Service: Basterfield Engineering (Pty) Ltd reserves the right to make changes to these Terms of Service at any time. Your continued use of the website following any changes to these Terms of Service will mean you accept such changes.
Standard Conditions of Sale: These terms and conditions do not cover the legal agreement that regulates the interactions between our company and clients throughout the process of obtaining a quote, production and post-purchase support. That agreement is outlined in a separate document referred to as the ‘Standard Conditions of Sale’, which can be accessed on our website here or requested directly from us. In case of any discrepancy between these terms and conditions and the ‘Standard Conditions of Sale’, the latter shall have precedence.