WEBSITE TERMS & CONDITIONS  ______________________

1. GENERAL

In terms of section 11 of the electronic communications and transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the BCT website, web pages or any part thereof.


2. DEFINITIONS AND INTERPRETATION

2.1 “BCT” means Boiler Combustion Technologies (Pty) Ltd., a private company duly incorporated in terms of the company laws of South Africa;

2.2 “the BCT website” means the website, owned and operated by BCT, located at www.boiler.co.za, including any page, part or element thereof;

2.3 “Visitor” means any person who enters or uses the BCT website, notwithstanding the fact that such a person only visits the home page of the BCT website;


3. ALLOWED USE AND LICENSE

3.1 BCT licenses the Visitor to view, download and print the content of the BCT website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.

3.2 Content from the BCT website may not be used or exploited by Visitors for any commercial and non-private purposes without the prior written consent of BCT.

3.3 Visitors may only access, browse and use the BCT website for legitimate personal or non-commercial purposes and may not use the BCT website or any BCT services and/or products for:

harmful purposes;
illegal purposes;
disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person or entity; and/or
the creation, storage and sending of unsolicited commercial communications;

3.4 If any Visitor uses content from the BCT website in breach of the provisions detailed herein:


BCT reserves the right to claim damages from the Visitor;
BCT reserves the right to institute criminal proceedings against the Visitor; and
BCT shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the Visitor or any third party who obtained any content from the Visitor.

3.5 Visitors may quote small and reasonable amounts of content available from the BCT website and only if such a quote is placed in inverted commas and acknowledged.

3.6 Email addresses, names, telephone numbers and fax numbers published on the BCT website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the BCT website may be used to communicate unsolicited communications to BCT and all rights detailed in Section 45 of the ECT Act are reserved.

4. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

4.1 All intellectual property on the BCT website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, patents, design elements, are the property of, or licensed to BCT and are protected from infringement by legislation and treaties. Subject to the rights licensed to the Visitor, all other rights to intellectual property on the BCT website are expressly reserved.

4.2 No person may use logos, icons or trade marks from the BCT website as hyperlinks or other purposes without BCT’s prior written consent.


5. CHANGES AND AMENDMENTS

5.1 BCT reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

change these terms and conditions;
change the content and/or services available from the BCT website;
discontinue any aspect of the BCT website or service(s) available from the BCT website.

6. PRIVACY

6.1 BCT shall take all reasonable steps to protect the personal information of Visitors and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

7. HYPERLINKS TO THIRD PARTY SITES

7.1 BCT may provide hyperlinks to websites not controlled by BCT (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.

8. DISCLAIMER AND LIMITATION OF LIABILITY

8.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, BCT (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss, expenses or liability of any nature incurred by whomsoever and resulting from:

access to the BCT website;
access to websites linked to the BCT website;
inability to access the BCT website;
inability to access websites linked to the BCT website;
content available on the BCT website;
services available from the BCT website;
products available from the BCT website;
downloads and use of content from the BCT website; and/or
any other reason not directly related to BCT gross negligence.

8.2 Information, ideas and opinions expressed on the BCT website should not be regarded as professional advice or the official opinion of BCT and Visitors are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the BCT website.

8.3 BCT does not make any warranties or representation that content and services available from the BCT website shall in all cases be true, correct or free from any errors. BCT shall take all reasonable steps to ensure the quality and accuracy of content available from the BCT website;

9. COMMENTS

9.1 BCT does not edit or scan comments posted by the Visitor or emails from the Visitor to BCT or the BCT website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings.

9.2 Visitors are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the BCT website to BCT and BCT undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

10. ENTIRE AGREEMENT AND SEVERABILITY

10.1 These terms and conditions constitute the entire agreement between BCT and the Visitor and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by BCT from the Visitor.

10.2 Any failure by BCT to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

10.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.



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