DISCLAIMER AND TERMS AND CONDITIONS OF USE OF THE WEBSITE

FLUIDRA WATERLINX (PTY) LTD (Registration Number: 2004/019077/07) (hereinafter, “FLUIDRA”, “we” or “our”), with registered offices at 5 Kruger Street, Denver, Johannesburg, 2094, is the owner of this website (“Website”).

ACCESS AND TERMS AND CONDITIONS OF USE OF THE WEBSITE

The purpose of these Terms and Conditions of Use (“Terms and Conditions”) is to provide Users with information about FLUIDRA, its business and products, published news items and various business divisions.

This Website is for information purposes only.

Both browsing and accessing the information posted on this Website imply that the User accepts all of these Terms and Conditions without any reservations whatsoever. If you do not accept these terms and conditions, you should refrain from using the Website and its content.

FLUIDRA may at any time modify these Terms and Conditions without prior notice. Any such modifications shall be posted on the Website so that Users may read them before browsing it.

Access and use

Access to the Website is free of charge, except for the cost of connecting to it through the Internet service provider contracted by the User.

The User undertakes to make responsible use of the Website, as well as of the information posted on it.  Its use shall likewise be subject to both the legislation in force, and to these Terms and Conditions.

FLUIDRA reserves the right, in its sole discretion, to terminate or restrict your access to the Website and the related services or any portion thereof at any time, without notice.

Legal obligation to make proper use of the Website

Users shall be entirely responsible for the use they make of the information they access while browsing the Website, as well as for any subsequent use made of it.

The User undertakes to use the Website and applications posted on it in compliance with the Law, these Terms and Conditions, any instructions or warnings received, as well as with generally accepted moral and ethical standards, and public order.

The User undertakes to solely use the Website and its contents for lawful and legitimate purposes, which neither violate the laws in force nor breach the legitimate rights of FLUIDRA or any third parties, and/or that could cause direct or indirect damages.

Pursuant to the foregoing, content shall be understood to mean, but not limited to: the texts, photographs, graphic displays, images, technology, software, links and other audio-visual or sound contents, in addition to its graphic design and source codes (hereinafter, the “Content/s”), in compliance with the Law, these Terms and Conditions, other notifications, rules of use and instructions brought to your attention, as well as with generally accepted moral and ethical standards, and public order, and, in particular, you hereby undertake to refrain from: reproducing, copying, distributing, making available or in any other way publicly disclosing, transforming or modifying the Contents, unless you have the consent of the owner of the corresponding rights or if permitted by law, or, if applicable, done using the buttons enabled by FLUIDRA for social media. Furthermore, the User may not delete, manipulate or in any other way alter the copyright and other identifiers of the exclusive rights of FLUIDRA or any other technical resources established to recognize its brand.

The User undertakes, by way of example but not limited to, not to disclose, disseminate or make available to third parties the information, data, contents, messages, graphic displays, drawings, sound and/or image files, photographs, recordings, software and, in general, any class of materials belonging to this Website, as well as to refrain from carrying out action that:

• Induce, incite or encourage criminal, slanderous and violent acts or, in general, that are against the Law, generally accepted moral and ethical standards, and public order.
• Are false, ambiguous, untrue, exaggerated or untimely and that could lead to misinterpretations of the subject matter or the intentions or purposes of the disclosing party.
• Are protected by any intellectual or industrial property rights held by third parties, without the User having sought the prior permission from the holders necessary to make use of such rights.
• Constitute, where applicable, unlawful, deceitful or unfair advertising and, in general, that constitute unfair competition or violate the statutory regulations on personal data protection.
• Contain viruses or any other physical or electronic components that could damage or prevent FLUIDRA’s network, IT system, hardware or software from working properly.
• Give rise to failures in the services offered on this Website due to their characteristics (such as file formats and extensions).

The User shall be held liable for damages of any nature that FLUIDRA may sustain as a consequence of a breach of any of the obligations to which she/he is subject pursuant to these Terms and Conditions or to the legislation that applies to the use of the Website.

RELEASE OF LIABILITY OF FLUIDRA

By way of example but not limited to, FLUIDRA may not be held liable under any circumstances for:

• The use that the Users may make of the materials on this Website, and/or websites to which there are links, whether prohibited or permitted, that are in breach of the intellectual and/or industrial property rights of the contents of this Website or those of third parties.
• The potential damages the Users may sustain caused by search tools working normally or incorrectly, the organization or localization of the contents and/or access to the Website and, in general, the errors or problems that may arise in the development or implementation of the Website’s technical components or software provided to the User.
• The contents on any web pages that the Users may access from links posted on the Website, whether authorized or not.

FLUIDRA hereby informs the users that it is unable to guarantee that:

• The access to the Website and/or linked websites shall be uninterrupted or free of error.
• The content or software that the Users access from the Website or linked websites do not contain any errors, computer virus or other features in the contents that could damage their computer system, electronic documents or files stored on their computer system, or that could cause any other damage.

For all intents and purposes, the contents on the Website are posted to provide information and as a guideline only, as a result of which:

FLUIDRA is unable to vouch for the accuracy of the information posted on the Website and, therefore, it may not be held liable for any potential damages or inconvenience caused to Users arising from any inaccuracies on it.

PRIVACY POLICY: PERSONAL DATA PROTECTION

The Users undertake to browse the Website and use its content in good faith.  Pursuant to the provisions in the laws relating to personal information, in addition to the rights under The Protection of Personal Information Act No. 4 of 2013 (“Act”), we hereby inform you that any personal information provided to fill in any forms on this Website or sent via email to any of our inboxes:

Shall be treated in the strictest confidence and shall be added to the databases held by FLUIDRA, so that they can be processed and replied to, as well as to handle any business related to them, and to send emails in reply to requests for information made from this Website by filling in the forms posted on it.

You shall be informed of this on each form and you may find out more about this matter in our Privacy Policy.

Pursuant to current data protection laws, FLUIDRA has adopted suitable security measures in respect of the personal data provided by the Users and, in addition, it has implemented all means and measures available to it to prevent their loss, misuse, alteration, unauthorized access and extraction.

The right to access, rectification, erasure, restriction, portability and to object

Pursuant to the laws in force  under the Act, Users may at any time exercise their right to access, rectification, erasure, restriction, portability and to object to their personal information, withdraw their consent to receive marketing messages and/or to their personal information being processed by sending us an email to [info.officer@fluidra.co.za].

You must clearly state the right that you wish to exercise and attach a copy of an ID document/passport.

USE OF COOKIES

To use this Website, cookies and small data files must be enabled. Cookies are used for the purposes of improving the services provided by FLUIDRA and are accepted whenever the User accesses the Website. Under no circumstances shall any type of personal information about the Users be stored and all information obtained shall remain anonymous. Should Users so wish, they may configure their browsers to prevent the installation of cookies on their hard drive, for which we recommend they consult their browser’s instructions and manuals.

INTELLECTUAL AND INDUSTRIAL PROPERTY

FLUIDRA holds all of the rights on the content, design and source code of the Website, and, in particular but not limited to, on the photographs, images, texts, logos, designs, trademarks, brand names and data that appear on this Website or app.

The Users are hereby informed that all such rights are protected by current South African and international laws on intellectual and industrial property.

The total or partial reproduction of the Website, even via a hyperlink, or any of its contents is strictly prohibited, unless express consent to do so has been given by FLUIDRA in writing.

Likewise, copying, reproducing, adapting, modifying, distributing, marketing, publicly disclosing and/or committing any other acts that involve a breach of the South African  and/or international laws currently in force, in addition to the use of the contents of this Website, is strictly prohibited, unless prior express authorization to do so has been given by FLUIDRA in writing.

FLUIDRA hereby informs the Users that it does not grant licenses nor does it give its implicit consent on the intellectual and/or industrial property rights or on any other rights or property directly or indirectly related to the contents posted on the Website or app.

GUIDELINES ON SECURE USE:

Phishing

Do not use links attached to the emails or web pages of third parties to access this Website. From time to time, the indiscriminate mass distribution of emails from false email addresses are detected, whose sole purpose it to obtain the Users’ confidential information. This technique is known as PHISHING. FLUIDRA declines all liability in this respect.

JURISDICTION

These Terms and Conditions, and your use of this Website, are governed by the laws of the Republic of South Africa and you consent to the exclusive jurisdiction of the High Court of South Africa in the event of any dispute arising in connection with the Terms and Conditions or any matter relating to or in connection therewith.

SERVICE CONTACT

If you need to contact FLUIDRA for purposes relating to these Terms and Conditions, please use the following e-mail address: [info.officer@fluidra.co.za]

These Terms and Conditions were most recently updated on 12 August 2020.