Introduction
As our valued customer we encourage you to take a moment to read these “Website Terms and Conditions of Use” relating to www.popeyesplumbers.co.za. These “Terms and Conditions for purchasers” govern the use of “Popeye’s Plumbers” Website located at the domain name: www.popeyesplumbers.co.za (herein after referred to as the “Website”).
This Website enables customers to view for services and information (“Services”) online and request quotations of services in South Africa.
By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
By using the website, you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not permitted to enter into a binding agreement, then you may use the website only with the involvement supervision of your parent/legal guardian. If consent has been given by your parent/legal guardian, then they agree to be bound to these Terms and Conditions and to be held liable and responsible.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Popeye’s Plumbers to explain it to you before you accept the Terms and Conditions or before continuing using the Website.
The Terms apply to ALL Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Definitions
“Customer” shall mean any natural or juristic person who enters or intends entering into viewing Popeye’s Plumbers for information of the services offered by Popeye’s Plumbers.
“Policies” shall mean the various Popeye’s Plumbers policies contained in or referred to herein and on our Website, which form part of these Terms and Conditions and which may be updated from time to time;
“Services” shall mean all services displayed on our website, including but not limited to Plumbing Services.
“Website” shall mean our online store, which can be accessed at (www.popeyesplumbers.co.za).
“Working Day” shall mean any day between 07h30 and 16h15 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.
Information about Services
We are La van Heerden Plumbers trading as Popeye’s Plumbers. This site allows you, the user to view our electronic “services” of our services we offer, subject to the availability of such services.
Popeye’s Plumbers therefore has a right to remove any service(s) .When services are no longer available after requesting a quote, Popeye’s Plumbers will notify you.
Services Pricing
The price of each service will be quoted on request. Take note that prices of services may differ from season to season. Whilst Popeye’s Plumbers shall exercise all reasonable effort to ensure that the prices quoted of all services are correct at the time of your request, if, however, the service is offered at an erroneous price, Popeye’s Plumbers will not be obliged to supply the said service at the incorrect price. Popeye’s Plumbers shall renew the quotation, once you have been made aware of the correct price.
Use of Popeye’s Plumbers Website and Social Media platforms
Popeye’s Plumbers is active on Facebook, Instagram, Linked In and other social media platforms from time to time (herein after referred to as “Social Media Platforms”).
You agree to use the Website for lawful purposes only.
You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or amounts to hate speech, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
content that constitutes an invasion of privacy; or
content that is an infringement of any intellectual property right; or
|content that contains software viruses; or
content that constitutes a political statement, commercial solicitation, or “Spam”.
Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of this clause or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
You also warrant that your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
No person, business or website may use any robot, spider, links, mirror or other automatic device or technology, or manual process to monitor, copy or to glean information from this Website or Social Media Platforms or for the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies services comparable to those offered on the Website without permission from Popeye’s Plumbers. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized company representative.
Applicable Law
This Website is controlled, operated and administered from the Republic of South Africa. As such, it is governed by South African legislation.
Access to the Website, from territories or countries where the Content or using of the services on the Website is illegal, is prohibited
You and Popeye’s Plumbers are hereby subject to the non-exclusive jurisdiction of the High Court of South Africa.
Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable then the remainder of these terms and conditions will remain standing, despite invalidity or unenforceable of an individual term.
These Terms and Conditions constitute the entire agreement between Popeye’s Plumbers and the User /Customer with regards to the use and content of this Website.
Updating of Terms and Conditions
Popeye’s Plumbers reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time, in its sole discretion. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User/Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Should you not be satisfied, you must view any further services or continue to use the Website in any other way.
Copyright and other Intellectual Property Rights
Any and all copyright relating to the website, including these terms and conditions, data, software, icons, texts, graphics, images, video clips, sound clips, names, logos, trade-marks, designs which are displayed on or incorporated in this Website are protected by law, including but limited to copyright and trade mark law. The Website content is the property of Popeye’s Plumbers and is licensed to Popeye’s Plumbers.
Popeye’s Plumbers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these by an authorized representative of Popeye’s Plumbers or otherwise provided for in law.
Indemnity/Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Popeye’s Plumbers provides no guarantee, implied or otherwise, that the content or technology in respect of this website is free of errors or omissions. Popeye’s Plumbers make no warranty or representation as to the availability, accuracy or completeness of the Content. Popeye’s Plumbers nor any of its marketing partners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website.
Furthermore, Popeye’s Plumbers cannot guarantee that service will be 100% uninterrupted or faultless. Should you experience any malfunctions and errors then kindly report same to:popeysplumbers@telkomsa.net;
Whilst every attempt is taken by Popeye’s Plumbers to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any services or any websites accessible via the Website will be free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt or in any way impede the functionality of your computer system and associated use. You accept all risk associated with the existence of the above, Popeye’s Plumbers thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. We therefore caution you to check all emails, attachments and files before downloading them.
It is your responsibility, before accepting these Terms & Conditions, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this website should not be regarded as professional/expert advice, or as Popeye’s Plumbers official stance. You are encouraged to obtain professional advice before taking any action on the strength on information, ideas or opinions expressed on this site.
We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; not have we endorsed their content, products or services merely because they are accessible via our Website.
Whilst Popeye’s Plumbers shall take all reasonable steps to safeguard the security of any information you input or send to us in connection with our Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, to the fullest extent permitted by law, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
You hereby agree to indemnify Popeye’s Plumbers against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any third party websites linked to our website.
We shall not be liable to you in contract, delict (including for negligence) or otherwise: for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labor disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
Availability and Termination
We will use reasonable endeavors to maintain the availability and functionality of the Website. Popeye’s Plumbers may in its sole discretion and without any prior notification suspend or terminate the operation of the Website or any of its content subject to us processing any orders then already made by you. In the event of scheduled maintenance, we reserve the right to discontinue providing the Website without providing any prior notice to you.
Breach
Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your website registration, not withstanding our rights to exercise other legal remedies available to us.
Applicable Law
These Terms are governed by the laws of the Republic of South Africa.
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