Terms and Conditions

APL PROTECT ONLINE TERMS AND CONDITIONS

All references to “APL Protect”, “the Company“, “we“, “us” and “our” in these Terms and Conditions are deemed to refer to APL Protect (Pty) Ltd based in Valhalla, Gauteng.

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.aplprotect.co.za.

These Terms and Conditions (“Terms“) govern:

1) your use of our Website

2) your use of the forum.

ACCEPTANCE OF TERMS

The Company permits the use of this Website subject to the Terms. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.

GENERAL CORPORATE TERMS

This website (“Website”) is hosted and managed in the Republic of South Africa and is owned by APL Protect (Pty) Ltd, a company registered in the Republic of South Africa under company registration number 2018/510109/07, which has its head office at 6 Klibbe Road. The director of APL Protect is RG van Niekerk. APL Protect elects this address for all purposes in connection with these Terms. These Terms and your use of this Website shall be governed by the laws of the Republic of South Africa and the parties to these Terms are you and APL Protect. By continuing to use this Website you accept these Terms.

Save for any liability which may arise in terms of applicable law, APL Protect will not be liable for any loss, damage or expense arising from the use of or reliance upon the information provided on this Website and does not guarantee the completeness or accuracy of the information contained on this Website.

You consent to the exclusive jurisdiction of the High Courts in the Republic of South Africa in respect of any disputes arising out of your use of this Website or in respect of these Terms.

APL Protect reserves the right to amend or replace these Terms from time to time. Any amendments to these Terms, or the new Terms, as the case may be, will be published on this Website. You are only granted a limited right to access and make personal use of this Website. This right does not permit you to reproduce, distribute, sell, modify or otherwise use the content of this Website, or any portion thereof, for any public or commercial purpose, without the prior written consent of APL Protect, or as provided for in these Terms.

By accessing this Website you agree to be bound by and to adhere to these Terms. Should there be any provision in these Terms that you do not understand, the onus is on you to ask APL Protect to clarify the relevant provision to you before you accept the Terms.

We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

RESPONSIBLE USE POLICY

This Website is provided by APL Protect “as is” and APL Protect makes no representations or warranties as to the operation of this Website or the content thereof. APL Protect does not warrant that the service from this Website will be uninterrupted, timely or error free.

APL Protect does not warrant that this Website, its server(s) or any electronic mail sent from this Website are free of viruses or other harmful components. You are solely responsible for the protection of your hardware and software from viruses and other harmful components.

No person, business or website may link to this website without prior permission of this Website. The inclusion of any link on this Website to any other website does not imply an endorsement by APL Protect of that linked website or any services or products offered on that linked website.

Comments made via this Website must not violate the right(s) of any third party, including any intellectual property, privacy or other personal or proprietary right. Comments containing any defamatory, unlawful, abusive or obscene material will be deleted at our discretion and the contributor of such comments will remain accountable towards any third party to whom harm has been caused. APL Protect and its third party service providers shall not be responsible, and shall have no liability to you, with respect to any information or materials posted by others on this Website.

APL Protect does not necessarily endorse or agree with the comments posted on this Website. Comments posted on this Website are reflective of the views of the contributor thereof and do not necessarily represent the views of APL Protect or its third party service providers. Please note however, that your comments will become the property of APL Protect and APL Protect will not be limited in the use of any of your comments. APL Protect will not compensate you for its use of any comments made via this Website.

Neither APL Protect nor any of its employees, agents or affiliates shall be liable for any damage or loss of any nature, and howsoever arising, including out of the use of or inability to use this Website, any reliance placed on the content of this Website or any website which is linked to this Website by a hyperlink. By using this Website you indemnify APL Protect, its employees, agents and affiliates against all such losses and damages.

APL Protect reserves the right to suspend this Website or any part thereof or to terminate your account at any time if APL Protect deems that you are not using this Website in compliance with these Terms.

PRODUCT, PROMOTION AND PRICING CONTENT DISPLAYED ON THE WEBSITE

Our online shop is stocked with a wide range of innovative products. All reasonable steps are taken to ensure that the information on our Website, social media channels and email marketing is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Errors and omissions excepted (E&OE).

The images of the products reflected in our online shop are for illustration purposes only and are subject to availability. The warranty on goods will be honoured by APL Protect in accordance with the Returns and Defective Item provisions hereunder.

APL Protect reserves the right to limit the quantities of any item offered for sale on the APL Protect online shop.

Prices are correct as at the time of publication on this Website, but are subject to change without notice. APL Protect will take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website, however should there be any errors on the Website, we will not be liable for any loss, damage or expense that you incur in connection with such error, save for in the case of any incorrect purchase price, in which case we will refund to you any amount already paid.

Prices will be displayed in South African Rand and include VAT. Prices are applicable to cash and credit card purchases.

Should APL Protect not be able to fulfil any order at the advertised price due to sold out stock, APL Protect will inform you via your elected method of communication. If you have already paid, APL Protect will reimburse you for the Rand value you have paid for such product.

Prices on this Website apply to South Africa only and products purchased via this Website will only be delivered within South Africa to areas where we deliver.

Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.

YOUR COMMENTS

APL Protect values your comments, ideas, suggestions and feedback (“your comments”) via our website. We will not compensate you in any way whatsoever for your comments. Once received, your comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your comments.

You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.

INTELLECTUAL PROPERTY

All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to APL Protect. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

ADVERTISING

Advertising and other promotional material of third parties may appear on our Website from time to time. APL Protect does not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

COMPLAINTS

Complaints and claims must be brought to the attention of APL Protect by calling the Customer Service Centre on 083-647-9417 within South Africa (Monday to Friday, 09:00 to 17:00), or emailing r.vanniekerk@aplprotect.co.za.

PRIVACY STATEMENT

It may be necessary for APL Protect to disclose your personal information (as defined in the Protection of Personal Information Act 4 of 2013) to our employees, divisions or associates, suppliers and third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods, the delivery of goods or the submission of any claim regarding any goods you have purchased.

By disclosing or submitting your personal information to us you consent to us processing your personal information for the purposes described in these Terms. This includes: (a) your personal information being processed by APL Protect within the APL Protect database; (b) your personal information being shared within the APL Protect group of companies; (c) your personal information being shared with third parties who have a strategic marketing relationship with APL Protect; (d) receiving printed and electronic marketing material to inform you of special offers and products that may be of interest to you; and (e) receiving marketing material from third parties who have a strategic marketing relationship with APL Protect.

The information provided to APL Protect via this Website is processed and recorded in APL Protect’s computer system.

You have the right, in accordance with the relevant legislation, to: (a) obtain access to your personal information held by APL Protect; (b) to request the correction, destruction or deletion of your personal information held by APL Protect; and (c) to object to the processing of your personal information. It furthermore remains your responsibility to inform APL Protect of any changes to your personal information.

You may opt-out of any direct marketing received from APL Protect should you so elect, by notifying APL Protect thereof in writing at r.vanniekerk@aplprotect.co.za.

In addition, you may object to your personal information being shared with third parties who have a strategic marketing relationship with APL Protect, by notifying APL Protect in writing of such objection. If you object to your personal information being shared with third parties who have a strategic marketing relationship with APL Protect, prior to the information being shared with such third parties, APL Protect will not disclose your personal information to third parties. If you object to the sharing of your personal information subsequent to the information being shared with third parties, APL Protect will instruct such third parties to destroy or delete all records containing your personal information and to refrain from retaining any record thereof.

You will only be contacted should you subscribe to our newsletter updates, like us on Facebook, indicate via e-mail that you wish to be informed of special offers and/or other offers.

This Website server will collect the IP addresses of visitors who access this Website.

This Website makes use of cookies to identify the computer device with which you connect to this Website. APL Protect reserves the right to restrict your use and access to this Website or part(s) thereof in the event of any unauthorised use thereof.

All material on www.aplprotect.co.za (editorial and audio-visual) is protected by copyright. All the Website’s intellectual property rights are specifically reserved.

APL PROTECT ONLINE SHOPPING TERMS & CONDITIONS

These online shopping Terms and Conditions (“Terms”) apply to all purchases ordered online at www.aplprotect.co.za. Please read them carefully and print a copy for future reference.

The use of our online shopping website constitutes your acceptance and agreement to be bound by the Terms of our Website as well as the Online Shopping Terms.

You must be 18 years or older to place an order via this Website. You can either register and complete an online shopping profile, or shop as a guest. When checking out as a guest, you will need to provide personal details and a delivery address in order to complete the transaction. APL Protect will not store this information, unless you explicitly request that we do so. We encourage all shoppers to register and create an online shopping profile to ensure future online shopping transactions are quick and easy. Once you have completed an online shopping profile and have registered, you agree to keep your username and password secure and confidential. Selecting a product and adding the product to your shopping basket does not constitute a sale or order. Your order will be deemed to be confirmed once you electronically submit a completed order for one or more products offered by this Website and your payment has been authorised and you have received a Tax Invoice which will be sent to you via your selected communication method.

PRODUCT SALES AND AVAILABILITY

All products displayed on our Website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.

We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

APL Protect reserves the right to limit the quantity of any item offered for sale.

WEBSITE CONTENT ERRORS

We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our Website. Packaging may vary from that shown on our Website.

PAYMENT

Our online payment options are administered by PayFast, a specialist third party payment provider who are trusted experts in the field of secure online payments. You may pay for your order by one of the following payment methods:

Credit card: Visa or MasterCard;
• Debit card: Visa or MasterCard.

Payment will be effected on confirmation of your order and prior to delivery. The total value of your online order will be debited against the payment method tendered during the checkout process.

If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof.

By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Once you have selected your payment method and accepted these Terms, you will be directed to PayFast’s secure site for payment of the applicable purchase price for the goods. Your payment will be presented to the bank for authorisation. Should such authorisation be declined, your order will be cancelled. Should the authorisation be successful, your order will be processed for delivery to you. Your payment details are held by PayFast in a secure encrypted server which is not accessible from the Internet. This Website will maintain a full record of every transaction concluded via this Website for a period of 12 months from date of such sale.

STOCK AVAILABILITY

APL Protect cannot always guarantee availability of stock. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered.

CANCELLING ORDERS

APL Protect reserves the right to refuse the processing of the payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.

If you discover that you have made a mistake with your order and the order has not yet been confirmed by APL Protect as set out in the Online Shopping section above, please contact Customer Service on 083-647-9417 or r.vanniekerk@aplprotect.co.za immediately. APL Protect cannot guarantee that we will be able to amend or cancel your order in accordance with your instructions. Orders cannot be cancelled once they have been confirmed by APL Protect as set out in the Online Shopping section above. You are, however, entitled to return the products in accordance with the Returns and Defective Items sections hereunder. Delivery fees are non-refundable for cancelled orders or returned orders.

Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.

DELIVERY

Delivery is estimated to occur within 1-5 working days from the day that your order has been confirmed and it is subject to stock availability. Although APL Protect will make every effort to meet the time frame for delivery, certain factors may affect delivery times and we cannot guarantee that every item will be delivered in such time frame. Deliveries will take place during office hours (8am to 5pm, Monday to Friday). No deliveries will be made on weekends and public holidays. Please note that it might not be possible for APL Protect to deliver to certain areas. During the checkout process you will be required to enter your postal code and address to determine if you are eligible for door-to-door delivery. APL Protect does not deliver to PO Box addresses.

When delivery is made you will receive a delivery note displaying the following:

Detail of items delivered
• Any items not available
• Delivery fees
• The total amount debited or paid, including VAT.

A delivery is considered complete as soon as the parcel is accepted by you or an individual on your behalf at your specified delivery address. Anyone who takes receipt of the parcel is presumed to be authorised to accept delivery on your behalf. For verification purposes, the person accepting the parcel may be required to produce some form of identification (identity document/driver’s licence/passport). Should nobody be present at the address at the time of delivery, the parcel will remain with the courier company. The courier company will leave a notice at the delivery address to indicate that there was an attempted delivery. You will be contacted to arrange an alternative delivery time. Please note that we reserve the right to charge an additional delivery fee for a second attempt at delivery. Delivery will then be effected for a second time at the indicated delivery time. If at that time there is no one present at the address, the parcel will be returned to our warehouse and a return will be processed for the products purchased. The delivery fee is non-refundable. You will be contacted in order to confirm the refund method you would prefer.

It is your responsibility to ensure that you or the intended receiver of the parcel inspect(s) the parcel on arrival and makes known any complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has been damaged. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.

ONLINE SHOPPING DELIVERY PERSONNEL

We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

DELIVERY FEE

APL Protect charges a non-refundable delivery fee to deliver door-to-door and this fee will be displayed when you view your cart before checkout.

Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. You will be informed of this fee after the purchase and the order will be refunded in full if the delivery fee is not acceptable to you. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, APL Protect will not be obliged to deliver products at an incorrect delivery fee. APL Protect will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.

RETURNS

If you are not satisfied with your purchase you may return it to APL Protect within 30 (thirty) calendar days for a full refund, replacement or exchange if:

you have the original tax invoice provided with the order
• the item is in its original unopened packaging

APL Protect will not be liable for any delivery cost to have the product returned.

DEFECTIVE ITEMS

Should any item that you have purchased online or directly from APL Protect be the subject of any manufacturing defect or failure, or is unsafe, as contemplated in the Consumer Protection Act, 2008 (“CPA”), it may be returned to APL Protect for repair or replacement, or in exchange for a refund, within six months of the date of purchase, subject to the CPA. APL Protect and/or its suppliers reserve the right to examine the product and test the product to confirm the alleged defect, failure or safety hazard existed at the time of purchase, before the product will be repaired, replaced or refunded. We will not accept any returns of any products of which the packaging has been removed, opened or tampered with.

COMPLAINTS

PRIVACY STATEMENT

The information provided to APL Protect via this Website is processed and recorded in APL Protect’s computer system.

You may opt-out of any direct marketing received from APL Protect should you so elect, by notifying APL Protect thereof in writing at r.vanniekerk@aplprotect.co.za.

You will only be contacted should you subscribe to our newsletter updates, like us on Facebook, indicate via e-mail that you wish to be informed of special offers and/or other offers.

This Website server will collect the IP addresses of visitors who access this Website.

All material on www.aplprotect.co.za (editorial and audio-visual) is protected by copyright. All the Website’s intellectual property rights are specifically reserved.