Website terms of use

1. Introduction
1.1 By using this website site (www.toppaints.co.za), you agree to be bound by these terms of use. These terms of use become effective when you access our website for the first time and constitute a binding agreement between Top Paints and yourself, which will always prevail.
1.2 The services offered by this website are provided to you free of charge, except where another agreement between us stipulate the contrary, on an “as is” and “as available” basis. Top Paints uses its best efforts to maintain the quality of its services, but you should not assume that the site is error-free or that it will be suitable for the particular purpose which you have in mind when using it.
1.3 The information, ideas and opinions expressed on this site are of a general nature and should not be regarded as financial or other advice. Prior to taking any action based on, or in relation to, information, ideas and opinions expressed on this site you need to obtain professional advice appropriate to your planned action.

2. Limitation of liability and disclaimers
2.1 You use this website at your own risk.
2.2 Top Paints makes no warranties, representations of any kind (express or implied) with regards to the website or its content.
2.3 Top Paints shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of accessing this website, utilizing any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
2.3.1 errors or discrepancies in the information provided;
2.3.2 relying on the information generated by calculator or other online tool which is made available on this website. Such calculators and online tools are merely informative and their results are not a representation by Top Paints about our products and do not bind Top Paints in any manner;
2.3.3 relying on the accuracy of information provided by the share ticker. The share information is delayed and is provided by a third party;
2.3.4 any unauthorized access or amendment of this website by third parties;
2.3.5 any breakdown or failure of any equipment or medium of access to this website;
2.3.6 any failure or unavailability of this website or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website;
2.3.7 the destruction or accessing of your data or equipment, or the data or equipment belonging to any third used by you to access the site; or
2.3.8 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
2.4 You hereby indemnify Top Paints against any demand, claim or action for either direct-, indirect-, punitive- or consequential damages or order against Top Paints relating to or in connection with your use or accessing of this website whether such demand, claim or action was caused directly or indirectly for any reason whatsoever.
2.5 Top Paints reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.
2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Top Paints. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

3. Privacy
3.1 You give Top Paints permission to collect and use your personal information when you use the website. Top Paints uses your personal information only for internal purposes like improving the functionality of the site, keeping a database of users and maintaining a record of your access to the site.
3.2 Top Paints will not share your personal information with any third party without first obtaining your consent, unless Top Paints is ordered by a court of law to do so.
3.3 You consent that Top Paints may share your personal information with sub-contractors for purposes of management and administration of our website.

4. Intellectual property
4.1 Top Paints retains all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site. You are authorized to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:
4.1.1 the material is for personal use to consider the use of the online services and not for any commercial purposes;
4.1.2 any reproduction of our proprietary material from this site or portion of it must include our copyright notice in its entirety;
4.1.3 you do not distort or otherwise modify the proprietary information in a manner that may be prejudicial to Top Paints.
4.2 The logos and trademarks shown on this site are our registered and unregistered trademarks or that of third parties. Nothing on this site should be construed as granting any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
4.3 An application to use our intellectual property must be submitted to webmaster@toppaints.co.za. Upon receiving your application we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within five business days, consider your request as having been rejected.
4.4 If you submit any content to this website, you grant by the submission of such content a transferable, perpetual, world wide and royalty free license to use the content in any manner whatsoever. If the intellectual property rights of any content submitted by yourself is owned by a third party, you undertake to notify Top Paints immediately of the situation and you indemnify Top Paints upon submission against any claims that such third party may bring against Top Paints for the use of third party content submitted to the website by yourself.

5. Permission to link to our site
5.1 Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
5.2 An application for linking must be submitted to webmaster@toppaints.co.za. Once received we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within five business days, consider your request as having been rejected.

6. Links to third party sites
6.1 The website may contain links to other websites with information and material produced by other parties. While we endeavor to provide links only to reputable websites, we cannot accept responsibility or liability for the information provided on other websites. A link from our site to any other website does not mean that we have scrutinized or endorsed the owners or administrators of the websites or their business or security practices and operations.

7. Conditions of Sale
7.1 The Purchaser shall have no claim whatsoever against Top Paints in respect of any loss or damage of a consequential nature which may be sustained by the Purchaser as a result of any defect in the product supplied or as a result of late delivery. Delivery of the product sold shall be deemed to have been effected:
7.1.1 In the case of products dispatched by rail, ship or road carrier, upon consignment to the consignee;
7.1.2 In the case of products conveyed by the Purchaser’s own mode of transport, upon handing over of such products to the Purchaser’s agent. In the case of orders placed in respect of products other than those reflected on the Top Paints’ official price list, (i.e. where special orders are required to be prepared by the Top Paints to suit the specific requirement of the Purchaser), the Purchaser shall be obliged to accept and to pay for any quantity tendered for delivery which is within 10% (excess or shortfall) of the quantity ordered by the Purchaser.
7.1.3 Purchaser may not return goods without prior consent of Top Paints. This consent can be withheld if the goods have been in the hands of the Purchaser for an unreasonable time for the products in question, or it’s their condition is such that goods cannot be resold as returned.
7.1.4 In the case of special orders, the product sold shall not be returnable at all. The Top Paints shall not be bound by or liable for any representation or warranties made by any employee or agent purporting to act on its behalf unless such representation or warranty be reduced to writing and signed by an authorized representative of the Top Paints. Ownership of materials purchased will only pass from Top Paints to the Purchaser upon payment, irrespective of the credit terms arranged with the Purchaser.
7.2 Top Paints reserves the right to refuse to recognise any complaint from the Purchaser in respect of specifications, quantity, package failure or short delivery of goods unless such complaint is lodged with the supplier within (14) days of receipt of goods by the Purchaser provided however that in the case of short delivery, notice shall be recorded by the buyer on the supplier’s copy of the delivery note at any time of delivery.
7.3 Goods when delivered to the Purchaser or such agent or carrier as may be nominated by the Purchaser, shall be at the risk of the Purchaser who shall be responsible as from the time of delivery for all loss or damage thereto, however arising.
7.4 A 10% handling fee will be charged on goods returned which were correctly delivered as ordered. Colour Accuracy Every effort has been made to make the colours on screen appear as close as possible to the actual paint colours. Unfortunately, due to variability in screen settings and resolution we cannot guarantee an exact colour match. Before making a final decision on colour it is always best to check the colour on a colour chip available from your local Top Paints retailer.
7.5 Kindly note that the information in this website refers to products for sale and use in South Africa only.

8. General matters
8.1 We may amend these conditions from time to time. By accessing this site you are bound to the version of the conditions published here at the time of any visit to this site. You agree to view the current version each time you access the site.
8.2 A certificate signed by the administrator responsible for maintaining this site will be prima facie proof of the date of publication and content of the current version and all previous versions of the conditions.
8.3 Nothing on this site should be treated as an offer but merely as an invitation to do business with us.
8.4 If any of any provision of these terms of use is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
8.5 The laws of the Republic of South Africa applies to these terms of use as well as the relation between yourself and Top Paints as far as it concerns the use of our website or any matter that may arise from such use.
8.6 Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and client scale.