AfricaPlant Terms and Conditions

Access to this Website is subject to the following terms and conditions:

  1. In these terms and conditions:

1.1. “We/Us/Our” shall mean Vaxolite (Pty) Ltd t/a AfricaPlant.com (Registration Number: 2013/034369/07), a private company with limited liability, incorporated in accordance with the laws of the Republic of South Africa.

1.2. “Website” shall mean this website including all aspects, facilities and services of any nature whatsoever related thereto.

1.3. “User/You” shall mean users of this Website including users who make use of the services offered on this Website.

  1. Access to the Website

2.1. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service provided on the Website without notice.

2.2. We will not be liable if, for any reason, the Website is not available at any time or for any period.

2.3. We do not warrant or guarantee that the Website will function on an uninterrupted basis or that it will be error free.

2.4. We do not warrant or guarantee that any defects on the Website will be corrected and we do not warrant or guarantee that the Website, its servers, or any e-mails which may be sent from Us to Users are free of viruses or any other harmful components.

  1. Content

3.1. We do not warrant the correctness or accuracy of any information, ideas and opinions expressed on or through the Website.

3.2. We reserve the right to:

3.2.1. remove any content on the Website; or

3.2.2. request Users to remove content, if such content is untruthful, misleading, inappropriate, offensive, or unsuitable for any reason whatsoever.

3.3. We reserve the right to filter all Website content, advertisements or materials published on the Website and make no commitment to edit or update such content on the Website.

3.4. We will not be held to any previously existing representations, terms, conditions or other information subsequently altered on the Website.

3.5. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.

3.6. We do not assume any responsibility or liability for any errors or omissions of whatsoever nature or however they may arise in relation to the Website content.

3.7. Through the Website, we market and sell used machinery and equipment. We exclude all liability for any illegality arising from any errors, omissions, or inaccuracies in respect of any information pertaining to such machinery and equipment.

3.8. We disclaim all warranties, express or implied, including but not limited to the merchantability and fitness for purpose of all the machinery and equipment that appears on this Website.

3.9. Through the Website, third parties may upload portfolios detailing their work experience and third-party companies may advertise job opportunities. We exclude all liability for any illegality arising from any errors, omissions, or inaccuracies in respect of such content and/or information.

3.10. We do not review any comments; complaints or remarks regarding products or services and the quality of products or services including other content, information, graphics, advertisements or materials for truth or accuracy. The aforementioned content does not at any time whatsoever represent our views, opinions, and beliefs.

3.11. The Website may contain links to third-party websites. We disclaim any responsibility or liability for:

3.11.1. the availability or accuracy of such third-party websites; or

3.11.2. the content, products, or services on or available from such third-party websites.

3.12. We further do not warrant or guarantee that links to third-party websites are free from viruses or other malicious software and Users undertake to click on any such link at their own risk.

  1. Liability

4.1. Our directors, officers, employees, servants, agents and contractors, are not accountable and do not assume any liability and expressly disclaim any warranties, express or implied, regarding the accuracy, completeness or reliability of any Website content.

4.2. Under no circumstances whatsoever shall we be held liable for any damages, whether direct, indirect, incidental, special, consequential or punitive, including, without limitation, any loss of profits or revenues, or any loss of data, use, good-will, or other intangible losses, in connection with the content published on the Website and which relates or may relate to and/or is used by you.

4.3. It is the User’s sole and exclusive responsibility to:

4.3.1. determine the accuracy, reliability and credibility of any information, comments, complaints, or remarks regarding products and/or services and/or the quality of products and/or services including other content, graphics, information (including information regarding fraudulent conduct), advertisements or materials published on the Website; and

4.3.2. comply with any legal obligations when using such content on the Website which may be imposed by copyright, privacy, defamation, and/or any other applicable laws that may be applicable to Users.

  1. Contractual Obligations

5.1. We will not be bound to allegations from Users alleging that a contract or legally binding arrangement has been entered into as a result of communications addressed to Us on the Website.

5.2. We reserve the right to insist upon written contracts as and when we deem appropriate within Our discretion. As such, any information contained on the Website cannot be regarded by Users as an offer capable of acceptance resulting in a legally binding contract.

  1. Intellectual Property

6.1. All intellectual property including trademarks, names and logos, whether registered or not, embodied on the Website content, are the proprietary marks of Us.

6.2. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trademarks, names, or logos.

6.3. All rights, including copyright, in the context of the Website and the photographs of any machinery or equipment displayed on the Website from time to time are owned and/or controlled by Us.

6.4. Except as expressly permitted by these terms and conditions, Users may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scrapping” or otherwise, or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so.

6.5. Users may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without Our express written permission.

6.6. Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to Us.

  1. Institution of Legal Proceedings

7.1. We reserve the right to institute legal proceedings against Users who attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.

  1. General

8.1. We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party.

8.2. Users may not, without our prior written consent, dispose of any rights or obligations arising under these terms and conditions.

8.3. We may revise these terms and conditions at any time by amending this page.

8.4. Users are expected to check this Website from time to time and take notice of any changes we make, as they are binding on all Users.

8.5. The provisions contained in these terms and conditions may be superseded by provisions or notices published elsewhere on the Website.

8.6. If any provisions of the terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

8.7. These terms and conditions contain the entire agreement and understanding between You and Us relating to the Website, its content and use and supersedes any and all prior agreements, arrangements, statements, and understandings, except for any fraud or fraudulent representation by either You or Us.

8.8. The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms and conditions; the use or inability to use the Website and or information contained on the Website.

  1. ECTA Disclosures

9.1. Access to the Website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such, Users are entitled to the below mentioned disclosures in terms of chapter 7 of the ECT Act:

9.1.1. Our full name and legal status: Vaxolite (Pty) Ltd t/a AfricaPlant.com.

9.1.2. Registration Number: 2013/034369/07.

9.1.3. Physical Address: Office No. 7, 13 Symmonds Road, Howick, KwaZulu-Natal, 3290.

9.1.4. Main Business: Marketing and Selling Used Machines and Equipment.

9.1.5. Website Address: https://www.africaplant.com.

9.1.6. Email Address: mark@africaplant.com.

9.1.7. Management: The executive committee of Vaxolite (Pty) Ltd t/a AfricaPlant.com as determined from time to time.

9.1.8. Governing terms of use: These terms and conditions.

9.1.9. Dispute resolution: No specific dispute resolution process.

9.1.10. Complaints process: If you have any complaints or would like more information, please email mark@africaplant.com