These Online Terms & Conditions (this / the “Agreement”) govern the use of Huayi’ (“HUAYI”) website, found at the following URL http://www.huayisa.co.za/ (“the Website”), Huayi SA online system (included in the definition of the Website) & the ordering & sale of products by Huayi on the Website.

This Agreement shall be binding & of full force & effect against every person, whether natural or juristic, including their employees & assigns (“you” or “your”), which accesses or makes use of the Website, whether you are registered or not.

By your acceptance of this Agreement, through clicking where appropriate on the pop-up banner, you acknowledge that you have read & agree to be bound by this Agreement.

This Agreement contains certain provisions which are emboldened in a similar manner to the text of this clause, which:

• 1. limit the risk or liability of HUAYIor a third party; &/or
• 2. create risk or liability for you; &/or
• 3. may compel you to indemnify HUAYI or a third party; &/or
• 4. serve as an acknowledgement by you of a fact.

Your attention is drawn to the emboldened clauses in this Agreement because of their potential consequences. The contents of such clauses should be considered carefully, & you should only proceed to use the Website if you are satisfied with the potential consequences of agreeing thereto.

Nothing in this Agreement unlawfully restricts, limits or avoids any of your rights or obligations in terms of the Consumer Protection Act.

The use of the Website is entirely at your own risk. You assume full responsibility for any damage, risk, expenses or loss of any nature (including consequential losses or damage) resulting from use of the Website or reliance on any information on the Website.

You accordingly indemnify & agree to hold HUAYI harmless against liability for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature), arising out of or in connection with your access of or use of, or inability to access or use, the Website &/or any content therein.

Any views or statements made or expressed on the Website are not necessarily the views of HUAYI, its directors, employees, agents &/or assigns.

In addition to the disclaimers contained elsewhere in this Agreement, HUAYI makes no warranty or representation, whether express, implied or tacit, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any h&set or mobile device, hardware or software in any way.

You accordingly accept all risk associated with the use of the Website, with specific reference to the type of malicious software described above, save where such risks arise due to the gross negligence or wilful misconduct of HUAYI, its employees, agents or authorised representatives, the onus for proving which will rest upon you.

HUAYI shall not be held liable for any inaccurate information present upon the Website or any discrepancies in prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of HUAYI, its employees, agents or authorised representatives.

Users accessing the Website do so at their own discretion & provide any personal details requested at their own risk.

Your personal information is kept private & stored securely as far as is reasonably possible. Every effort has been made to ensure a safe & secure form to email submission process, but should you use such form to email processes, you do so at your own risk.

HUAYI uses any information submitted to provide you with further information about the products / services it offers or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the Website or HUAYI operates, but only if you have elected to so subscribe, or in instances wherein you have previously purchased, or enquired about purchasing, a product or service from HUAYI to which the email newsletter relates.

Your personal information will not be passed or sold to any third parties unless specifically stipulated to the contrary in this Agreement.

This Agreement does not contain an exhaustive list of your user rights regarding receipt of email marketing material.

You hereby warrant that all personal information provided through the Website is accurate & current, & that you shall not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

HUAYI shall be entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on HUAYI, criminal procedure or to protect & defend HUAYI rights or property.

Whilst HUAYI shall do all things reasonably practicable in order to protect your personal information & right to privacy, HUAYI does not & cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information.

You may visit the Website without providing any personal information.

You accordingly grant express written permission for the Website servers in such instances collecting the IP address of your computer, but not the email address or any other distinguishing information.

This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, & other information of the like.

HUAYI uses this information to determine use of the Website, & to improve the content thereof.

HUAYI assumes no obligation to protect this information, & may copy, distribute or otherwise use the information.

HUAYI requires certain personal information necessary to process transactions if you require any of HUAYI products or services.

HUAYI receives & stores all information, including personal information, which you enter on the Website or give to HUAYI, in any other way. You may choose not to provide certain personal information, but that may limit the services or products that you are able to obtain from HUAYI and the Website.

HUAYI provides its products & services in conjunction with its affiliates & subsidiaries. In this regard, unless specifically restricted, expressly grant in writing to HUAYI a non-exclusive, royalty-free, perpetual, irrevocable & fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, & display such Information throughout the world in any media.

Your information that is required by affiliates & subsidiaries to give effect to transactions that you choose to provide, is shared with those entities.

HUAYI aspires to provide first-class service to its customers, which requires HUAYI providing information to you about new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please contact HUAYI help desk, or send an email to info@acdc.co.za.

HUAYI may enter into business arrangements & its customer base is one of its more valued assets. In such an event, your information will be one of the transferable assets.

HUAYI understands \ that efficiency & customer care translates to good service. HUAYI may periodically conduct online customer care surveys to enable the updating of service standards.

When it conducts a survey, HUAYI must inform you as to how the information gathered will be used, & provide you with the opportunity to opt-out from such surveys.

Despite terms herein to the contrary, HUAYI may choose to use personal information to compile profiles for statistical purposes & may choose to trade with such profiles & statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject.

Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that HUAYI may intercept, block, read, delete, disclose & use all communications sent or otherwise communicated to it, its employees, directors &/or agents. You agree that your consent satisfies the requirements of the Electronic Communications & Transactions Act 25 of 2005 (“ECTA”) & RICA for consent in “writing” as defined.

Whilst every effort is made to include only quality, safe & relevant external links, on the Website, you are advised to adopt a policy of caution before clicking any external web links (clickable text / banner / image links to other websites) present throughout the Website.

HUAYI cannot guarantee or verify the contents of any external web links, despite its best efforts to do so. You therefore access on external web links present on the Website entirely at your own risk.

The Website may contain sponsored links & adverts, which will typically be serviced by HUAYI advertising partners, which may each have detailed privacy policies relating directly to such sponsored links or adverts.

Clicking on any sponsored link or adverts will redirect you to the relevant advertiser’s website through a referral program which may use cookies & will track the number of referrals sent from the Website. The system of tracking may include the use of cookies, which may in turn be saved on your computer’s hard drive. You should therefore note that you click on sponsored links &/or advert at your own risk & HUAYI cannot be held liable for any damage, risk, expense or loss (whether direct, indirect, special or consequential in nature) caused by you visiting any website through a sponsored link or advert.

SOCIAL MEDIA PLATFORMS

Communication, engagement & actions taken through external social media platforms in which HUAYI & the Website participate are subject to the terms & conditions & privacy policies of each social media platform respectively.

You are advised to use social media platforms wisely & to communicate upon them with due care & caution, having regard to their respective privacy & personal details policies.

HUAYI will never ask for personal or sensitive information through social media platforms & encourages you to contact it through primary communication channels such as by telephone or email, should you wish to share any information personal to you.

The Website may use social sharing buttons, which help share web content directly from web pages to the social media platform concerned. You are advised before using such social sharing buttons that you do so at your own discretion & risk & that the relevant social media platform may track & save your request to share a web page through your relevant social media platform account itself.

The Website uses cookies to better your experience while accessing it. Where applicable, the Website uses a cookie control system allowing you, on the first occasion upon which you access the Website, to allow or disallow the use of cookies on your computer / device.

Cookies are small files saved to the user’s computer’s hard drive that track, save & store information about the user’s interactions & usage of the relevant website. This allows HUAYI, through its server, to provide you with a tailored experience within the Website.

You are advised that if you wish to deny the use & saving of cookies from the Website, you should take necessary steps within your web browser’s security settings to block all cookies from the Website & its external serving vendors.

The Website uses tracking software to monitor its visitors to better underst& how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computer’s hard drive in order to track & monitor your engagement & usage of the Website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].

Other cookies may be stored on your computer’s hard drive by external vendors when the Website uses referral programs, sponsored links or adverts. Such cookies are used for conversion & referral tracking & typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

The Website contains information on HUAYI pricing & stock levels, as well as images and specifications pertaining to its products. Whilst HUAYI does its utmost to make sure that information on the Website is completely correct, situations may arise wherein the information provided on the Website does not correlate with information on HUAYI internal system. In such instances, the information present on HUAYI internal system shall be considered to be absolutely correct, & will supersede any information provided through the Website.

For the above reasons, any information present on the Website does not, by itself, meet the requirements for a binding quotation. Any disputes raised by you wherein a screen capture of the Website is sought to be used as the only proof of a required price, will not be accommodated. If you require confirmation of a specific price or stock levels, you will be required to do so by requesting a quotation through the Website. Any information provided on an official HUAYI quotation sent to you via the Website may be considered binding for 7 days from the date of the quote, as stated thereupon.

Please note that when requesting a quote on an item where there is no stock available, depending on the new cost of the item from our supplier, it might be necessary for us to requote the price originally quoted. In these instances we will give clear notification when a price cannot be kept at the same level as the original quote, and we will also provide a new quote to override the older one.

HUAYI takes all reasonable efforts to accurately reflect the description, images, availability & purchase prices of goods advertised on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on such error/s.

The Website allows you to link your existing HUAYI credit accounts to your Website accounts. Should you choose to link your accounts as aforesaid, you may place orders, & check account documentation online through the Website.

In order to prevent fraudulent transactions, you will not be able to link your credit accounts as aforesaid, or amend your account information, until HUAYI has contacted you & attained confirmation of the proposed link. HUAYI reserves the right to contact you by whatever means it chooses, & to request answers to certain security & identity related questions. Your failure to correctly answer the aforesaid questions may, at HUAYI sole discretion, result in you being denied access to the Website.

Once your account has been linked to the Website, all transactions made using the Website will be deemed to be taken on your behalf. The onus of proving otherwise shall rest on you.

You will be liable for any actions taken on the part of HUAYI, due to activity on your account linked to the Website. HUAYI cannot be held responsible for any fraudulent activity committed by any individual or entity which has/have logged into your account using your details & password.

You agree that, once the correct username & password relating to your account have been entered, irrespective of whether the use of the username & password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with this Agreement.

You agree & warrant that your username & password shall not be disclosed by you to any third party.

You agree to notify HUAYI immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username & password & to take steps to mitigate any resultant loss or harm as instructed by HUAYI.

Full support for managing online accounts is available through HUAYI head office during normal office hours.

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs & service marks which are displayed on or incorporated in the Website are protected by law, including but not limited to copyright & trade mark law. The Website & its contents are the property of HUAYI, & you will not, under any circumstances, acquire right & title therein or use, distribute or reproduce the contents of the Website in any way other than as intended by HUAYI.

HUAYI reserves the right, at its sole discretion, to modify this Agreement, at any time & without prior notice. If HUAYI modifies this Agreement, HUAYI will post the modification on the Website or provide you with notice of the modification. HUAYI will also update the “Last Updated Date” at the top of this Agreement in accordance with the relevant modification. By continuing to use the Website after HUAYI has posted a modification on the Website, or have provided you with notice of a modification, you indicate that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your only recourse is to cease using the Website.

The contents of the Website & this Agreement shall be subject to HUAYI Standard Terms & Conditions applicable to sales. In the event of a conflict between the terms of this Agreement & those contained in HUAYI Standard Terms & Conditions as aforesaid, the Standard Terms & Conditions shall prevail.

HUAYI encourages you to file any complaints you may have regarding the Website via the “contact us” service of the Website. Currently, HUAYI does not subscribe to any alternative dispute resolution code or mechanism.

This Agreement shall be subject to the laws of the Republic of South Africa.

No variation of amendment of this Agreement shall be of force & effect unless reduced to writing & signed by both HUAYI & you. Email & electronic communication are expressly excluded as falling within the ambit of the aforesaid.

You may not in any way display, publish, copy, print, post or otherwise use the Website &/or the information contained therein without the express prior written consent of HUAYI.

HUAYI will, as far as is reasonably practicable, maintain the availability of the Website, except during scheduled maintenance periods, & is entitled to discontinue providing the Website or any part thereof with or without notice to you.

You may not cede, assign or otherwise transfer your rights & obligations in terms of this Agreement to any third party.

Any failure on the part of HUAYI to enforce any rights in terms of this Agreement shall not constitute a waiver of those rights.

If any term or condition contained herein is declared invalid, the remaining terms & conditions will remain in full force & effect.

In the event of HUAYI instituting legal action against you arising out of your breach of this Agreement, you hereby irrevocably agree to pay to HUAYI all costs involved in such legal action, including collection commission, on the attorney & client scale.

Disclaimer:

Personal protective equipment (PPE) including, but not limited to, masks, gloves, bodysuits and sanitising and temperature screening products are purchased subject to the following terms and conditions:

1. These products are non-returnable due to hygiene, health and safety reasons
2. Disposable, single and limited use products carry no guarantee
3. Products are used entirely at the purchaser’s or user’s risk
4. No guarantee is supplied, whether express or implied, that the use of these products will prevent the purchaser or user from being exposed to any infectious virus or disease including COVID 19.