1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Agroflex (PTY) Ltd. ("Company", "we", "us", or "our") governing your access to and use of the agroflexparts.com website, including all content, functionality, features, and services offered thereon (collectively, the "Website").
By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Website.
2. Scope of Terms
These Terms apply exclusively to your use of the Website and its features, including but not limited to:
- ✓ Browsing and viewing product information, catalogues, and content
- ✓ Using search functionality and navigation features
- ✓ Creating and managing user accounts
- ✓ Accessing downloadable resources and documentation
- ✓ Submitting enquiries and using contact forms
- ✓ Interacting with any interactive features or tools
Note: The actual purchase, sale, delivery, and return of products are governed by our separate Terms and Conditions of Sale, which constitute a distinct legal agreement.
3. User Eligibility
By using this Website, you represent and warrant that:
- ✓ You are at least 18 years of age or the age of legal majority in your jurisdiction
- ✓ You have the legal capacity and authority to enter into these Terms
- ✓ You will use the Website only for lawful purposes and in accordance with these Terms
- ✓ All information you provide to us is accurate, current, and complete
4. Account Registration & Security
Certain features of the Website may require account registration. When creating an account, you agree to:
- ✓ Provide accurate and complete registration information
- ✓ Maintain the security and confidentiality of your login credentials
- ✓ Promptly update your account information as necessary
- ✓ Accept responsibility for all activities that occur under your account
- ✓ Notify us immediately of any unauthorized access or security breach
We reserve the right to suspend, disable, or terminate any user account at our sole discretion, with or without notice, for any reason including violation of these Terms.
5. Acceptable Use Policy
You agree NOT to use the Website to:
- ✓ Violate any applicable local, national, or international law or regulation
- ✓ Infringe upon or violate our intellectual property rights or the rights of others
- ✓ Transmit any malicious code, viruses, or harmful software
- ✓ Attempt to gain unauthorized access to any part of the Website or its systems
- ✓ Interfere with or disrupt the Website's operation or servers
- ✓ Scrape, harvest, or collect data without our express written permission
- ✓ Impersonate any person or entity or misrepresent your affiliation
- ✓ Engage in any activity that could damage, disable, or impair the Website
- ✓ Use automated systems or software to access the Website without permission
- ✓ Transmit spam, chain letters, or other unsolicited communications
6. Intellectual Property Rights
The Website and its entire contents, features, and functionality—including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof—are owned by Agroflex (PTY) Ltd., its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for its intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
7. Website Content & Information
While we strive to provide accurate and up-to-date information on the Website, we make no representations or warranties regarding the accuracy, completeness, reliability, suitability, or availability of any content displayed. Product information, including descriptions, specifications, images, and pricing, is provided for general informational purposes only and is subject to change without notice.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any visitor to our Website.
8. Product Disclaimer & OEM References
IMPORTANT NOTICE REGARDING AFTERMARKET PARTS:
Original manufacturer names, part numbers, and descriptions are quoted for reference purposes only. It is not implied that the products of Agroflex (Pty) Ltd. are original parts manufactured by the original equipment manufacturer (OEM).
The dimensions of the products delivered by us must be compared with those of the part previously removed before installing. Reference numbers serve solely to make the search for parts simpler and are not intended to indicate or suggest that our replacement parts are manufactured by the OEM.
You acknowledge and agree that:
- ✓ Reference Numbers: OEM part numbers and brand names are used solely for identification and cross-reference purposes
- ✓ Aftermarket Parts: Products sold are aftermarket replacement parts, not genuine OEM parts, unless explicitly stated otherwise
- ✓ No OEM Affiliation: Agroflex (Pty) Ltd. is not affiliated with, endorsed by, or associated with any original equipment manufacturer
- ✓ Verification Required: It is the buyer's responsibility to verify that the part is suitable for their application before installation
- ✓ Dimension Check: All measurements and specifications should be verified against the original part before fitting
- ✓ Professional Installation: We recommend that parts be installed by qualified professionals
All trademarks, brand names, and OEM part numbers referenced on this Website are the property of their respective owners and are used for identification purposes only. Their use does not imply any affiliation with or endorsement by the trademark owners.
9. Third-Party Links & Content
The Website may contain links to third-party websites, resources, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
10. Website Availability & Modifications
We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice. We do not guarantee that the Website will be available at all times or that access will be uninterrupted, secure, or error-free. We may also impose limits on certain features or restrict access to parts of the Website without notice or liability.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL AGROFLEX (PTY) LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED SOUTH AFRICAN RAND (ZAR 100.00).
12. Indemnification
You agree to defend, indemnify, and hold harmless Agroflex (PTY) Ltd. and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable attorneys' fees) arising from:
- ✓ Your use of and access to the Website
- ✓ Your violation of any term of these Terms
- ✓ Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right
- ✓ Any claim that your use of the Website caused damage to a third party
13. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:
- ✓ The Website will meet your requirements
- ✓ The Website will be uninterrupted, timely, secure, or error-free
- ✓ The results obtained from the use of the Website will be accurate or reliable
- ✓ Any errors in the Website will be corrected
14. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the courts of the Republic of South Africa, and you hereby consent to the jurisdiction of such courts and waive any objection to venue in such courts.
15. Severability & Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect.
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
16. Modifications to Terms
We reserve the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms constitutes your acceptance of and agreement to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
17. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and Agroflex (PTY) Ltd. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
For the avoidance of doubt, these Terms do not govern any commercial transactions; such transactions are subject to our separate Terms and Conditions of Sale.