Terms & Conditions
The www.elitepowertrade.co.za Websites are owned and operated by Elite Powertrade Store (Pty) Ltd (“Elite Powertrade “, “we”, “us” or “our”), a company registered in the Republic of South Africa under company registration Act, which has its registered office at 29 Reen Avenue Athlone Industria 7766 Cape Town, South Africa. The Websites are provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy. All rights and/or defences afforded to us in these Terms shall stand to the benefit of our group companies.
1.1 How our Terms and Conditions apply to you
These Terms and Conditions apply to your use of these Websites. By using these Websites, you acknowledge that you have read and understood these Terms and Conditions 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. By accessing these Websites and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. Please do not use our Websites if you do not agree to be bound by these Terms. Online purchases from our Websites are subject to these Terms and Conditions. Any questions regarding these Terms and Conditions or subsequent issues should be directed to: Elite Powertrade Online Shopping, 29 Reen Avenue Athlone Industria 7766 Cape Town, South Africa. Alternatively you may also contact us here. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
1.2 Updates, amendments and changes to our Terms
We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of our Websites will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions.
Do not assume that the same Terms and Conditions will apply to future orders or delivery requests. We reserve the right to:
Modify or withdraw, temporarily or permanently, these Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites.
Change the Terms and Conditions from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Websites.
1.3 We are governed by South African Law and Arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
1.4 Who supplies your goods and services
Unless stated to the contrary on these Websites, the goods and services supplied in accordance with any contract made through these Websites are supplied by Elite Powertrade . As part of our delivery service we may engage the use of 3rd party delivery providers to fulfill services on our behalf. We may also sell products and services on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be Elite Powertrade .
1.5 Using our Websites
Delivery and Pick Up orders placed by using these Websites, along with access to them, are granted strictly in accordance with these Terms and Conditions.
Elite Powertrade has taken every care in the preparation of the content of these Websites. However, to the extent permitted by applicable law, Elite Powertrade does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from these Websites.
To the fullest extent permitted by applicable laws, Elite Powertrade hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Websites or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Elite Powertrade . The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.
You are welcome to browse or use our Websites for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of the Websites, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.
1.6 Limitations and conditions that apply to using our Websites
Unless otherwise specified, the Websites are intended for your personal use only. You may not authorise others to use the Websites, and you are responsible for all use of the Websites by you and by those you allow to use, or provide access to, the Websites. You may not impersonate, imitate or pretend to be somebody else when using the Websites.
You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Websites.
You agree not to use any sexually explicit language or to provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
You may not provide to or post on or through the Websites any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Websites only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Websites does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
The Websites may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Websites, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Websites and the advertising thereon (“the Websites Content”).
The Websites Content is protected by copyright, trade mark and other intellectual property laws and is the property of Elite Powertrade and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Websites Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Websites except as permitted by statute or expressly permitted in writing by this Agreement or the Websites.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Websites.
You may not interfere with any other persons use or enjoyment of the Websites. You may not breach any laws concerning the use of public telecommunications networks or interfere or disrupt networks or other websites connected to the Websites.
Other than connecting to our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Websites or otherwise.
You acknowledge that Elite Powertrade and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from these Websites, and are not responsible for the content or actions of any sites linked to or from these Websites. Linking to any service or site is at your sole risk.
You agree to indemnify Elite Powertrade against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Websites and/or its contents contrary to these Terms.
We reserve the right to suspend our Websites or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Websites in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
1.7 The accuracy of our Websites content
All reasonable steps are taken to ensure that information on our Websites is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
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. If you wish to make investment decisions regarding the Elite Powertrade group of companies, kindly consult your stockbroker or financial adviser.
1.8 Our general ‘linking’ policies
Certain links on these Websites will lead to other websites which are not under the control of Elite Powertrade . When any of these links are activated you will leave the Elite Powertrade Websites and Elite Powertrade has no control over and will not accept responsibility, or liability, for any content, material or service contained on any website which is not under the control of Elite Powertrade nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Elite Powertrade for any goods or services provided or available on such sites.
Elite Powertrade makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials and accordingly Elite Powertrade accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the service or in any materials nor warrants nor endorses any advertising of third parties carried on the service nor though the provision of links to that carried on other websites.
1.9 Linking from www.elitepowertrade.co.za to other websites
www.elitepowertrade.co.za aims to include links to other websites that provide relevant and useful information for people interested in topics related, but not limited to, Elite Powertrade ‘s general activities. We do not link to individual personal websites and will not knowingly provide links to sites that contain illegal, offensive or misleading information. Where an organisation has regional or local services and associated websites, we will link to their national website.
Wherever possible we aim to link to SA-based websites to ensure information is appropriate and relevant to our customers. Links will be provided at the discretion of www.elitepowertrade.co.za.
1.10 Should you wish to link to our Websites
You do not need to request permission to create a text link from your website to www.elitepowertrade.co.za.
1.11 Content being distributed from our Websites
All information or content transmitted by online invitations, e-cards, or other mechanisms provided for, by or through the Elite Powertrade Websites are the responsibility of you, the sender. You confirm that by using these services you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. Elite Powertrade cannot be held liable either directly or indirectly for the content of any customer content distribution mechanism, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Elite Powertrade for any such loss which may have occurred.
1.12 Advertising and sponsorship on our Websites
Advertising and other promotional material of third parties may appear on our Websites from time to time. We do not endorse such third parties or their products and/or services. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on our Websites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk. Should you wish to advertise or sponsor on our Websites, please contact us here.
1.13 Disclaimers and limitations of our liability
Use of our Websites is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Websites will be uninterrupted or error free, or that the Websites or the servers that makes them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Websites or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Websites and/or your purchase of any products or services and including the use of any delivery services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via these Websites.
Elite Powertrade will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Websites. If Elite Powertrade is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Websites with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Websites;
unsuitability, unreliability or inaccuracy of the Websites;
inadequacy of the site to meet your requirements.
Nothing in this paragraph applies to Elite Powertrade ‘s liability in respect of products sold through the online channel.
1.14 Our indemnification
You hereby indemnify Elite Powertrade and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Websites, or from your breach of this Agreement, or from any such acts through your use of the Websites.
1.15 Ownership and use of our 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 these Websites are owned by or licensed to us. All data and information communicated to or from the Websites including its database 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 Websites. 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 Websites, including these Terms and Conditions, 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. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from Elite Powertrade .
1.16 Using our Websites from abroad
Customers who are not resident in South Africa are welcome to use our Websites in accordance with these Terms and Conditions to make online purchases provided that the delivery address is in South Africa or the authorised collection agent is in South Africa.
Elite Powertrade makes no promise that materials on the Websites are appropriate or available for use in locations outside the Republic of South Africa, and accessing the Websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of South Africa, you do on your own initiative and are responsible for compliance with local laws.
1.17 Receiving marketing from us
We would like to keep you up to date with a range of products and services provided by Elite Powertrade . This includes news of special events, promotions, product launches and catalogues. Click here to opt in to receive our newsletters and other related marketing material. Should you already have opted in, you are free to opt out of receiving our marketing material at any stage by clicking here. It may take up to one calendar month for your profile to be updated.
1.18 Contacting you about our service
We are constantly looking for ways to improve our service; we may therefore occasionally contact you for purposes related to a specific product you have purchased from us or a service we have provided to you. For the avoidance of doubt, this includes the use of the Websites, the delivery service and the Pick Up service. We may contact you by post, telephone, SMS text messaging and/or email.
By accepting these Terms and Conditions you agree to receive service related communications from us.
1.19 Your comments
We value your comments, ideas, suggestions and feedback (“your Comments”) via our Websites. We will not respond to, maintain or 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.
Elite Powertrade does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on reviews, forums, blogs, social media platforms or otherwise contained in our Websites. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of Elite Powertrade or its third party service providers. You agree that Elite Powertrade and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
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.
1.20 Use of our logos, content and images
You are not permitted to use the content of our Websites, our logos or any product or other images that appear on our Websites without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our, or our licensors’, intellectual property rights.
1.21 Availability of our Websites
Although www.elitepowertrade.co.za aims to offer you the best service possible, we make no promise that the services or availability of our Websites will meet your requirements. Elite Powertrade cannot guarantee that the service will be fault or interruption free. If a fault or interruption occurs in the service you should report it to our Customer Service Centre here, and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Websites may occasionally be restricted or stopped to allow for repairs, maintenance or the introduction of new facilities or services. These scheduled outages will normally take place outside of peak hours. Elite Powertrade will always attempt to restore the service as soon as it reasonably can.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Elite Powertrade ignores this, Elite Powertrade will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Elite Powertrade shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control