Terms and Conditions of Usage of this Website
We appreciate your interest in our company and seek your understanding to read and accept the following legal statements, before submitting your registration request or using this website (carterexcavators.co.za). By entering this site, you agree, to be bound by the terms and conditions set forth below:
- OWNERSHIP OF SITE
The Site is owned, operated, and maintained by Everun Africa. The Site and all components thereof, including, without limitation all media, are the intellectual property of Everun Africa.
- RESTRICTIONS ON USE OF SITE
You may not copy, reproduce, republish, post, distribute, transmit or modify in any way any part of this Site without prior written consent of Everun Africa.
- OWNERSHIP NOTICE
All names, logos, patents, copy rights and trademarks may be the property of Everun Africa and you may not use any of such materials for any purpose without the prior written consent of Everun Africa.
- UNSOLICITED IDEAS
Everun Africa is interested to receive your comments, answers and questions . We welcome feedback on the Site, but Everun Africa, in its sole discretion, reserves the right to use, or not use, any ideas, materials or suggestions, which if submitted, become the property of Everun Africa and may be used in whole or in part at Everun Africa’s sole discretion. If you submit any ideas, materials, or suggestions, you will not be compensated and doing so does not create a contract in any manner.
- DISCLOSURE AND USE OF YOUR COMMUNICATIONS
Postings to this Site, and electronic mail, (including User’s Name), delivered to Everun Africa are not confidential and Everun Africa shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions, or materials) you send to the Site or to Everun Africa by electronic mail, or otherwise, are, and shall remain, the sole and exclusive property of Everun Africa and may be used by Everun Africa for any proper purpose whatsoever. While Everun Africa has taken certain actions to protect the Site, Everun Africa in no manner guarantees or represents the security or confidentiality of data and items transmitted via the Internet. You also agree to be solely responsible for providing accurate, current, and complete information about you as prompted by any of the online forms, including, without limitation, the registration form, and maintaining and promptly updating the information to keep it accurate, current and complete.
- JURISDICTION
The services and information in this Site are available in South Africa and selected countries and may not be available in your country. The Site is controlled and operated by Everun Africa from South Africa and Everun Africa makes no representation, guarantee or warranty of any kind that the information and materials in the Site, including are appropriate or available for use in other locations.
- USE
By using the Site you are acknowledging your consent to the foregoing TERMS AND CONDITIONS OF USAGE of WEBSITE, and agree to be responsible and liable for all activity and usage of such by you. You further agree not to reverse engineer, hack, “spam”, block, disrupt, or otherwise change or alter the Site, and to do so may subject you to legal liability. Everun Africa will, in its sole discretion, take all appropriate legal action and recourse for violations hereof. You further agree not to share user’s name or passwords, which is expressly prohibited, unless allowed by specific written authorization from Everun Africa. You are solely responsible for the security of your password.
- ORGANIZATION/CORPORATE USERS
Organization / Corporate users of the Site are responsible for their employees, directors, officers, and agents as users of this Site, and are specifically responsible and liable for any and all damages created thereby, and for notifying Everun Africa of the termination of said users’ authorization to use this Site. Organization/Corporate users are also responsible and liable to pay for all goods and services purchased through use of this Site.
- DISCLAIMER OF WARRANTIES ; LIMITATION OF LIABILITY
Everun Africa MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, CONFIDENTIALITY (EXCEPT AS SET FORTH BY SPECIFIC WRITTEN AGREEMENT) OR COMPLETENESS OF THE CONTENT (TEXT AND/OR IMAGES) OF THIS SITE , AND, TO THE EXTENT PERMISSIBLE BY LAW, Everun Africa DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, Everun Africa DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER “VIRUSES”, “WORMS”, “BUGS”, “TIMEBOMBS”, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
Everun Africa shall not be liable for damages of any kind, including, without limitation, compensatory, special, incidental, exemplary, lost profits, loss of revenue, and /or consequential damages, arising out of your access to, or inability to access, the Site, or your use of or reliance upon the Site or the content hereof. In addition, Everun Africa has no duty to update the Site, or the content thereof and Everun Africa shall not be liable for any failure to update such information. Further, Everun Africa is neither responsible, nor liable for your use of other web sites which you may access via certain links within the Site. Those links and other “resources” referenced on the Site are provided merely as a service to users of the World Wide Web, and inclusion in Everun Africa’s Site does not constitute an endorsement by, nor affiliation with, Everun Africa.
The disclaimer and the limitations of liability set forth here above shall not apply in case where the damage is due to deliberate default or gross negligence, in case of personal damage, or in case of expressed warranties. In case of breach of a material contractual obligation, we shall only be liable for the damage which was foreseeable and which has been the usual result of the cause of damage.
- RESERVATION OF RIGHTS
Manufacturers’ names, numbers, symbols and descriptions are used for reference purposes only and it is not implied that any part listed on this website is the product of the manufacturers. Everun Africa is not an authorized Original Equipment Manufacturer. Everun Africa is also not a registered or authorized distributor of OEM parts. Everun Africa is only the distributor of aftermarket parts.
- RESERVATION OF RIGHTS
Everun Africa, in its sole discretion, reserves the right to take all action or inaction as allowed by law, which includes, but is not limited to:
- (1) Change these TERMS OF USAGE,
- (2) Monitor and remove postings, and/or
- (3) Discontinue this Site at any time, with or without notice to users. If any term, condition, or provision of these TERMS OF USAGE is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These TERMS OF USAGE constitute the entire representation made by Everun Africa relating to the subject matter herein.
Continued use of the Site constitutes notice and acceptance of the most current TERMS OF USAGE of WEBSITE, which are available for viewing within the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USAGE of WEBSITE, DO NOT ACCEPT AND/OR DO NOT USE THIS SITE.
This site is governed by South African law.