Terms & Conditions of use of the B2B Platform
Welcome to the B2B Platform. This Platform is owned and operated by Enterprise Ethanol, and offered to any person who enters, uses or accesses the Platform, notwithstanding the fact that such a person (the "User(s)") only visited the home page of the Platfroms subject to acceptance of the Terms and Conditions ("T&Cs") contained.
1.1 Enterprise Ethanol reserves the right, in its sole discretion to amend these T&Cs and the disclaimers set out in this Platform at any time and to do so from time to time, without prior notification to the User. Any such amendments shall come into effect immediately and automatically. The User undertakes to review these T&Cs prior to using the Platform for any such changes and acknowledge that he/she is bound by the latest version of these T&Cs as published on this Platform. By browsing this Platform, the User is accepting that he/she as well as the company which it represents is bound by the current T&Cs and disclaimers, and so the obligation vests on the User to check these T&Cs every time this Platform is visited.
1.2 Enterprise Ethanol may change the format and/or content of this Platform at any time and may suspend the operation of this Platform for support or maintenance work, in order to update the content or for any other reason, without notification to the User.
1.3 Enterprise Ethanol expressly reserves the right, in its sole and absolute discretion to terminate access to this Platform at any time and without prior notice to Users.
2.1 All information or advice contained in this Platform is intended to be general in nature and the User should not rely on such in connection with the making of any decision. Whilst Enterprise Ethanol will always endeavour to ensure that the information on this Platform is correct, Enterprise Ethanol does not warrant its completeness or accuracy; nor does Enterprise Ethanol commit to ensuring that this Platform will remain available at all times or that the material on this Platform is the latest information available. Enterprise Ethanol can therefore not be held liable for any action the User may take as a result of relying on such information or advice or for any loss or damage suffered resulting from the User's own endeavours related hereto.
2.2 Though Enterprise Ethanol uses the best technical standards to control this Platform, the contents may inadvertently include technical inaccuracies or other errors. Enterprise Ethanol would be grateful if the User could immediately notify Enterprise Ethanol of any Platform errors or inaccuracies. Such concerns may be addressed by notifying Enterprise Ethanol email@example.com. Please note that Users browse and use this Platform at their own risk. Enterprise Ethanol does not warrant that the functional aspects of this Platform will be uninterrupted or error free or that this Platform, or the server that makes it available, is free of viruses or other harmful components.
3. Links to Third Party Sites
This Platform may include links to external websites. Enterprise Ethanol is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website to which this Platform includes a link infringes the intellectual property rights of any third party).
5.1 To the extent permitted by law, Enterprise Ethanol shall take all reasonable steps to secure the content of the Platform however Enterprise Ethanol does not provide any warranties or representations that the Platform's content shall be completely safe and secure.
5.2 Enterprise Ethanol is under no legal duty to encrypt any content or communications from and to the Platform and is also under no legal duty to provide digital authentication of any page on the Platform.
5.3 Users may not deliver or attempt to deliver, whether intently or negligently, any damaging code, such as computer viruses, to the Platform or the server and computer network that support the Platform. Notwithstanding criminal prosecution, any person who delivers any damaging code to the Platform, whether on purpose or negligently, shall, without any limitation, indemnify and hold Enterprise Ethanol harmless against any and all liability, damages and losses Enterprise Ethanol and its partners / affiliates may suffer as a result of such damaging code.
5.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the content of the Platform and Enterprise Ethanol reserves the right to claim damages from any and all persons responsible for the security failure or breach.
6.1 To the extent applicable, when placing orders on this Platform, the User shall at all times comply with the General Terms and Conditions of Sale ("GTOS").
6.2 In placing orders, the User may also be requested by Enterprise Ethanol to supply certain information, including credit card details or other payment mechanisms. The User hereby agrees that all information provided through this Platform will be accurate and complete.
6.3 The User further agrees to pay all charges incurred by its use or other uses of his/her account, at the prices in effect when such charges were incurred. The User is also liable for the payment of all applicable taxes, if any, relating to purchases and orders placed on this Platform. Enterprise Ethanol will not be responsible for any charges that the User or any user of his/her account incurs whilst making purchases or placing orders at Enterprise Ethanol.
7. Limitation of Liability
7.1 To the extent permitted by law, neither Enterprise Ethanol nor any other party involved in creating, producing or delivering this Platform shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of User's access to, or use of, this Platform in any way. Any claims for damages and reimbursements for costs asserted by the User against Enterprise Ethanol, our corporate bodies, legal representatives and/or vicarious agents (hereinafter referred to as "claims for damages"), regardless of whatever legal reason, particularly claims based on any violations of the law of delict shall be excluded. This shall not apply if Enterprise Ethanol has acted with wilful intent or gross negligence and/or have violated material contractual obligations. In the event of liability for any violation of contractual obligations, the extent of liability shall be limited to compensation equivalent to the foreseeable damage normally expected to arise in such cases, if caused by Enterprise Ethanol, our organs, legal representatives and/or vicarious agents.
7.2 Enterprise Ethanol does not guarantee the accuracy of any information available on websites belonging to third parties, if these websites are accessed through the use of this Platform and accepts no responsibility or liability for any consequences arising from the availability of or use of such information.
8. Copyright and Other Intellectual Property Rights
8.1 All content in this Platform, including text, photographs and other images and audio clips, is protected by copyright and/or other intellectual property rights which are either owned by or licensed to Enterprise Ethanol.
8.2 This Platform also contains trademarks, including the wordmark "Enterprise Ethanol" and the Enterprise Ethanol droplet. All trademarks included on this Platform belong to Enterprise Ethanol or have been licensed to it by the owner(s) of those trademarks for use on this Platform.
8.3 As a User of this Platform, the User is granted a non-exclusive, non-transferable, non-extendable, revocable, limited license to access and use the Platform in accordance with these T&Cs.
9. Use of this Platform
9.1 The content on this Platform is only for the User's use to place an order or make an enquiry related to Enterprise Ethanol and not for any commercial exploitation.
9.2 Users are required to register and receive confirmatory e-mail messages in order to gain access to certain content or services on the Platform.
9.3 As a condition of use, the User warrants to Enterprise Ethanol that he/she will not use this Platform for any purpose that is unlawful or prohibited by these T&Cs.
9.4 The User may not use this Platform in any manner which could damage, disable, overburden, or impair this Platform or interfere with any other party's use and enjoyment of this Platform.
9.5 The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Platform.
9.6 It is an obligation of the User, once access of a specific user is no longer necessary; to have Enterprise Ethanol appropriately notified in writing to remove such specified user's access to and use of this Platform.
10. Order of Precedence
In the event that the provisions of the GTOS are in conflict with the provisions of sale specified in clause 6.1 above, the individual duly signed GTOS will take precedence, in so far as a purchase order has been submitted.
These T&Cs are governed by and to be interpreted in accordance with the laws of the Republic of South Africa and in the event of any dispute arising in relation to these T&Cs or any dispute arising in relation to this Platform whether in contract or delict or otherwise, the High Court of the Republic of South Africa will have exclusive jurisdiction over such dispute.