TERMS AND CONDITIONS OF USE
If you participate in the purchase of products on the Board Warehouse website/online shop, then your agreement to these terms also includes your agreement with ROBHAR Enterprises Pty. Ltd. a South African based company that operates the Board Warehouse website/online shop. Board Warehouse and ROBHAR Enterprises Pty. Ltd. collectively will be referred to as “Board Warehouse” “we” or “us” in this agreement.
This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the Board Warehouse website/online shop.
Important NoticeThese Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Board Warehouse to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Board Warehouse in terms of the CPA.
A. Using the Board Warehouse website/online shop.
- Who can use it.By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. Use of the Board Warehouse website/online shop by anyone under 13 years of age is strictly prohibited!
- Username and Password. For security purposes, you agree to enter the correct username and password whenever ordering products, failing which, you will be denied access. You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
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 Board Warehouse 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.
- Acceptable Use Policy.When using the Board Warehouse website/online shop, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
- Termination.You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Board Warehouse policies (including the Acceptable Use Policy). Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 7(j).
- Feedback.We welcome your feedback and suggestions about how to improve the Board Warehouse website/online shop. Feel free to submit feedback by clicking on this link Board Warehouse Feedback & Suggestions. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
B. Our Content and Materials.
- Definition of Our Content and Materials.All intellectual property in or related to the Board Warehouse website/online shop (specifically including, but not limited to our software, the Board Warehouse logo, and Board Warehouse buttons, badges and widgets, but excluding Your Content), is the property of ROBHAR Enterprises Pty. Ltd., its subsidiaries and affiliates or its licencors (“Our Content and Materials”).
- No Endorsement or Verification. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Board Warehouse website/online shop does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Board Warehouse website/online shop by anyone.
- Restrictions.Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile or otherwise exploit Our Content and Materials without our express written permission. Board Warehouse’s permission to you for your use of the Board Warehouse website/online shop expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the Board Warehouse website/online shop. You may view and print a reasonable number of copies of web pages located on the Board Warehouse website/online shop for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Board Warehouse.
- Ownership.You acknowledge and agree that the Board Warehouse website/online shop will remain the property of Board Warehouse. You acknowledge that you do not acquire any ownership rights by using the Board Warehouse website/online shop.
C. Offerings on the Board Warehouse website/online shop.
- Purchase of Products through the Board Warehouse Shop.Board Warehouse offers Laminate Flooring, Vinyl Flooring, Bamboo Flooring and Engineered Wood Flooring Products and some other flooring related products for sale on the Board Warehouse website/online shop through the Board Warehouse website. If you purchase products on the Board Warehouse website/online shop, your purchase is subject to the Terms of Sale.
- Wishlist. Placing Products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such products, and as such, products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Board Warehouse liable if such products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- Availability of stock. You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. Board Warehouse will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Board Warehouse will notify you and you will be entitled to a refund of any amount already paid by you for such products.
D. Disclaimers and Limitations of Liability.PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BOARD WAREHOUSE ENTITIES TO YOU. THE “BOARD WAREHOUSE ENTITIES” MEANS ROBHAR Enterprises Pty. Ltd. TRADING AS Board Warehouse AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENCORS AND PARTNERS AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS AND PRODUCT DESCRIPTIONS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE BOARD WAREHOUSE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE BOARD WAREHOUSE ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOARD WAREHOUSE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE BOARD WAREHOUSE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM OR LOSS OF DATA (EVEN IF THE BOARD WAREHOUSE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree to fully indemnify, defend and hold the Board Warehouse Entities and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Board Warehouse website/online shop infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Board Warehouse website/online shop or other websites to which the Board Warehouse website/online shop is linked; and/or (d) your negligent or will-full misconduct.
F. Dispute Resolution.
- Arbitration.You and Board Warehouse agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Board Warehouse website/online shop (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Board Warehouse each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Board Warehouse agree otherwise in writing, the arbitrator may not consolidate more than one persons’ claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 6 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 6 will survive any termination of the Terms.
- Arbitration Process.A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration.
- Arbitrator’s Decision.The arbitrator will render an award within the time frame. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favour of the claimant only to the extent necessary to provide relief warranted by the claimants’ individual claim.
- Supplemental Terms for Certain Services.Certain services offered on the Board Warehouse website/online shop may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services or offering products for sale in the Board Warehouse online Shop, each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.
- Controlling Law and Jurisdiction.
- These Terms and Conditions of Use and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Board Warehouse, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
H. Changes. We reserve the right at any time to:
- change the terms and conditions of this agreement, consistent with applicable law;
- change the Board Warehouse website/online shop, including eliminating or discontinuing any information or services or other features in whole or in part; and
- deny or terminate your Board Warehouse account, or use of and access to the Board Warehouse website/online shop.
- Languages. English is the authoritative text of this agreement and all communications, notices, arbitration and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into other native languages.
- Assignment. No terms of this agreement, nor any right, obligation or remedy here-under is assignable, transferable, can be delegated, or sub-licensed by you except with Board Warehouse’s prior written consent and any attempted assignment, transfer, delegation or sub-license shall be null and void. Board Warehouse may assign, transfer or delegate this agreement or any right or obligation or remedy here-under in its sole discretion.
- Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
- Headings. Any heading, caption or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this agreement and any other documents and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.
- Entire Agreement/ Severity. This agreement supersedes all prior terms, agreements, discussions and writings regarding the Board Warehouse website/online shop and constitute the entire agreement between you and us regarding the Board Warehouse website/online shop. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 6(a) (Dispute Process)) that provision will not affect the enforcement of the remaining provisions of the agreement, which will remain in full force and effect.
- Survival. The following provisions will survive expiration or termination of this agreement: Section 2(d) (Restrictions) and 2(e) (Ownership), Section 4 (Disclaimers and Limitations of Liability), Section 5 (Indemnification), Section 6 (Dispute Resolution) and Section 7 (Miscellaneous).
- Contact. Feel free to contact us by visiting us at https://boardwarehouse.co.za with any questions about this agreement. The Board Warehouse website/online shop is operated by:
ROBHAR Enterprises Pty. Ltd.
15 Gamka Street
Stikland Industrial Area
Tel: +27 82 744 6044
Updated on 22 January 2019