Website Terms of Use
1. Overview
This website (the "Site") is operated by Apex Inverters (Pty) Ltd and its subsidiaries and affiliated companies (“Apex”). Throughout the Site, the terms “we”, “us” and/or “our” refer to Apex. Apex offers this Site, including all information, tools and services available from this Site to our Site visitors ("you”, "your", "user") conditioned upon your acceptance of all terms and conditions stated here and Privacy Policy accessed at www.ApexSolar.Tech
By visiting our Site, and/or using our software services and tools on this Site, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”),including those additional terms and conditions and policies referenced herein and/or available by hyperlink, as aforesaid. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, then you may not access the Site or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
2. Site Terms
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
4. Modifications to the Services, Goods and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Products or Services (If Applicable)
Certain products or services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our returns policies and processes. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, unless otherwise agreed in writing.
6. Accuracy of Billing and Account Information
1. We reserve the right to refuse any order you place with us, or any Service requested from us. We may, in our sole discretion, limit or cancel any order or Service with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed..
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. Personal Information
We take data protection seriously and safeguarding the privacy of our Site users is important to us. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy please navigate to this link: www.apexsolar.tech/privacy-policy
By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
11. Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on our Site or in the Service. However, should there be any errors or omissions of whatsoever nature on the Site or in the Service, we shall not be liable for any loss, claim or expense relating to a transaction based on any error or omission. Apex and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Apex Parties”)cannot be held liable for any inaccurate information published on its Site or in the Service and/or any incorrect prices or product details displayed on its Site or in the Service or omissions from the Site or in the Service, save where such liability arises from the gross negligence or willful misconduct of Apex or its employees.
Apex Parties shall not be liable to any party for any direct, indirect, incidental, special, or consequential loss or damages which might arise from use of, or reliance upon, its Site or the content contained in its Site or in the Service, or an inability to use the Site, and/or unlawful activity on its Site and/or any linked third-party website. Each user of and visitor to (in each case for any purpose and in any capacity) of our Site or the Service hereby indemnifies Apex Parties against any loss, claim, or damage which may be suffered by yourself or any third party arising in any way from use of our Site or the Service and/or any linked third-party website.
12. Accessing our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
13. Site Data and User Content
You agree that all data, information and content accessed, submitted, compiled, created, devised or generated on our website, including but not limited to documents, information of a technical and strategic nature, reports, analysis, text, images, videos, and audio recordings, shall be the sole property of Apex.
14. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose;(b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local regulations, rules, laws, or local ordinances or any applicable law or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities(including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent. You must not use this website to transmit or send unsolicited commercial communications.
You also agree not to access without authority, interfere with, damage or disrupt:(a) any part of our Site; (b) any equipment or network on which our Site is stored; (c) any software used in the provision of our Site; or (d) any equipment or network or software owned or used by any third party.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. Intellectual Property Rights
Copyright and other intellectual property rights in the content of the Site, including any Apex marks, logos and brands, belongs to us or to our licensors.
All Apex trademarks, brands, logos, domain names and other intellectual property relating to this Site shall remain the sole and exclusive property of Apex. The visitor undertakes not to change/alter any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from this Site.
Users of our Site are permitted to read its contents, download and store its contents on a temporary basis only and provide customer reviews on the Site. All such uses are only for the purpose of your own personal use of the Site and for non-commercial purposes. You may not otherwise copy, store, reproduce, transmit, publish, redistribute or exploit the contents of our Site in any way.
16. User Registration
There may be instances where a user of this Site will be required to register as a user. Where such registration is required, only registered users may order products, access a software tool or use the Services offered on the Site. To register as a user, you must provide a unique username and password and provide certain information and personal details to Apex. You will need to use your unique username and password to access the Site to purchase any goods or use any of the Services.
You agree and warrant that your username and password shall (i) be used for personal use only; and (ii) not be disclosed by you to any third party. For security purposes you agree to enter the correct username and password whenever ordering products, accessing a software tool or using the Services offered on the Site, failing which you will be denied access. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and 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 these Terms and Conditions. You agree to notify Apex immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
17. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Apex, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, sales or business, lost revenue, lost savings, loss of data, replacement costs, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any similar damages, whether based in contract, tort(including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
We do not guarantee that our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
18. Indemnification
You agree to indemnify, defend and hold harmless Apex and our partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless been forceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use, any subscription or user login data, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
22. Governing Law
These Terms of Use and any separate agreements whereby we provide you products and Services shall be governed by and construed in accordance with the laws of South Africa.
23. Changes to Terms of Use
1. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
24. Prescribed Information in terms of Section 43 of Electronic Communications and Transactions Act
In accordance with the prescribed requirements of the Electronic Communications and Transactions Act 25 of 2002, and applicable legislation, the following company information is disclosed:
Company name : Apex Inverters (Pty) Ltd
Registration number : 2014/212138/07
Physical address : 1B Hansen Close, Richmond Park, Cape Town, 7441 ,South Africa.
Telephone number : 080 782 4266
Official Website : www.ApexSolar.Tech
Email : privacy@rubiconsa.com
