Legal

Legal documents are not to sign ourselves into a corner, but to manage expectations of what is expected from all parties and what will happen if something goes wrong.

Terms of Use of this Website

1. GENERAL

1.1 When accessing the website at Centurion Engineering Works (the “Website”), you enter into a legally binding agreement with Centurion Engineering Works (“we”, “us” or “our”, as the context requires) on the terms set out in this document (the “Terms”).

1.2 These Terms apply to everyone who accesses the Website, whether to view information, to submit any content, comment, file, image, listing or other material or data (“Content”), or as a web search engine or data aggregator (“you” or “your”).

1.3 These Terms, together with the other policies posted on the Website (including our Privacy Policy at Centurion Engineering Works), are the whole agreement between you and us about your use of the Website, and replace any earlier understanding.

1.4 These Terms, and the relationship between you and us, are governed by the law of the Republic of South Africa, and you and we submit to the exclusive jurisdiction of the South African courts.

2. PLAIN LANGUAGE AND THE CONSUMER PROTECTION ACT

2.1 These Terms are written in plain and understandable language as required by section 22 of the Consumer Protection Act 68 of 2008 (the “CPA”), to the extent the CPA applies to you.

2.2 To comply with the CPA, certain provisions of these Terms are printed in bold[LdL1]. These are provisions that, among other things:

2.2.1 limit or exclude our liability or the risk we take on;

2.2.2 place a risk or liability on you;

2.2.3 require you to indemnify us or another person; or

2.2.4 are an acknowledgement of a fact by you.

2.3 Please make sure that, before using the Website, you have had a fair opportunity to read and understand the provisions in bold. By using the Website you agree to these Terms, you confirm that the Terms were written in plain language that you understand, and you accept the implications of the provisions in bold.

3. ACCEPTANCE OF THESE TERMS

3.1 By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to any part of them, you must stop using the Website.

3.2 Where the Website asks you to accept these Terms by clicking a button or ticking a box, or where you continue to use the Website after being shown them, you agree that this is your electronic signature and that you intend it to have the same effect as a handwritten signature, as contemplated in sections 11, 13 and 22 of ECTA.

3.3 We may change these Terms or the Website at any time in our sole discretion. We will publish the updated Terms on the Website and, where reasonable, give notice by email or on the Website. Your continued use of the Website after a change means you accept the changed Terms.

4. DATA PROTECTION AND PRIVACY

4.1 We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and our separate Privacy Policy at Centurion Engineering Works, which forms part of these Terms.

4.2 By submitting your personal information to us, you confirm that you understand how we process it as described in our Privacy Policy.

5. ACCESSING THE WEBSITE AND THIRD-PARTY LINKS

5.1 The Website and its Content may contain links to third-party websites that are not under our control.

5.2 If you follow a link to a third-party website, you may be subject to that website's own terms and policies. We do not endorse, and are not responsible for, the content of any third-party website.

5.3 We do not permit copyright infringement or infringement of intellectual property rights on the Website, and may remove infringing Content if we are properly notified of it.

6. AVAILABILITY OF THE WEBSITE

6.1 We will use reasonable efforts to keep the Website available, but it may be unavailable from time to time for maintenance, development, or because of events beyond our control. Where reasonable, we will publish advance notice of planned unavailability.

6.2 The Website may interoperate with third-party services through web services and APIs. We give no warranty about the availability of those third-party services.

6.3 If a third-party provider stops providing a service, or stops providing it on reasonable terms, we may stop providing the affected part of the Website. In that case you will not be entitled to any refund, discount or other compensation from us.

7. SUBMITTING CONTENT

7.1 If you submit any Content, you agree not to post, email or otherwise make available any Content that:

7.1.1 is unlawful, or breaches any law;

7.1.2 infringes any intellectual property right, trade secret, or privacy or publicity right of any person, unless you own that right or have permission to use it and to grant the licences in these Terms;

7.1.3 is harmful, abusive, threatening, harassing, defamatory, obscene, pornographic, or invasive of another's privacy, or that harms or could harm a minor;

7.1.4 degrades or intimidates a person or group on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

7.1.5 contains another person's personal or identifying information without their consent;

7.1.6 impersonates any person or misrepresents your affiliation with any person;

7.1.7 is false, misleading or deceptive, or is a “bait and switch”;

7.1.8 is a pyramid scheme, junk mail, spam, a chain letter, or unsolicited advertising;

7.1.9 contains viruses or other harmful code, or is designed to interrupt, destroy or limit the functioning of any software, hardware or communications equipment;

7.1.10 disrupts the normal flow of the Website (for example by flooding) or otherwise affects other users' ability to use it; or

7.1.11 uses forged headers or manipulated identifiers to disguise the origin of the Content.

7.2 You also agree not to harass anyone, make unsolicited commercial contact, collect other users' personal information for unlawful or commercial purposes, attempt to gain unauthorised access to our systems, or use any automated device to interfere with the Website or to post Content without human authorship.

7.3 We may remove any Content at any time without notice.

7.4 By posting Content to any public area of the Website, you grant us the rights necessary to display, copy, reproduce and otherwise use that Content on the Website, and you grant each user a non-exclusive licence to access your Content through the Website. This licence to other users ends when you delete the Content from the Website.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The materials on the Website — including text, software, scripts, graphics, images, sound, music, video and interactive features (“Materials”), and the trade marks, service marks and logos on it (“Marks”) — are owned by or licensed to us and are protected by copyright and other intellectual property rights.

8.2 We reserve all rights not expressly granted. You may not use, copy, distribute, modify, create derivative works from, reverse-engineer, or commercially exploit the Materials or Marks, except as expressly permitted in these Terms. If you download or print Materials for personal use, you must keep all proprietary notices on them.

8.3 Any reproduction, modification or redistribution of the Website or the Materials, or copying them to another server or location for further reproduction, is prohibited.

9. INDEMNITY

9.1 You agree to indemnify and hold us, and our officers, directors, employees, agents, service providers, suppliers, affiliates, successors and assigns, harmless from any claim, damage, loss, liability, cost or expense (including reasonable legal fees) arising from:

9.1.1 your use of and access to the Website;

9.1.2 your breach of any of these Terms;

9.1.3 your infringement of any third-party right, including any intellectual property or privacy right; or

9.1.4 any claim that your Content caused harm to a third party.

9.2 This indemnity survives the termination or expiry of these Terms and your use of the Website.

10. SUSPENSION AND TERMINATION

10.1 We may, in our sole discretion and without notice, suspend or terminate your access to the Website (or any part of it), deactivate any account, block your email or IP address, and remove any Content, for any reason, including if we believe you have breached these Terms.

10.2 You agree that we will not be liable to you or any third party for any suspension or termination of your access to the Website, and you agree not to try to use the Website.

11. DISCLAIMER OF WARRANTIES

11.1 You use the Website at your own risk. The Website is provided on an “as is” and “as available” basis, with no warranties of any kind, to the fullest extent permitted by law.

11.2 To the fullest extent permitted by law, we disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement, and we make no warranty about the accuracy or completeness of the Website or its Content, or the content of any linked third-party website. We are not responsible for:

11.2.1 errors, mistakes or inaccuracies in the Content;

11.2.2 unauthorised access to or use of our systems or your information;

11.2.3 any interruption or cessation of transmission to or from the Website;

11.2.4 any viruses or harmful code transmitted through the Website by a third party; or

11.2.5 any loss or damage arising from your use of any Content on the Website.

12. LIMITATION OF LIABILITY

12.1 To the fullest extent permitted by law, we, our officers, directors, employees and agents will not be liable for any direct, indirect, incidental, special, consequential or exemplary loss or damage (even if we were advised of the possibility) arising from your use of, inability to use, or any interruption, suspension or termination of, the Website.

12.2 Nothing in these Terms excludes or limits our liability where it may not lawfully be excluded or limited, including for death or personal injury caused by our negligence, for fraud, or under the CPA where it applies.

13. ABILITY TO ACCEPT THESE TERMS

13.1 The Website is intended for adults. You confirm that you are over 18, or an emancipated minor, or that you have the consent of your parent or guardian, and that you are able to enter into and comply with these Terms.

14. GENERAL

14.1 Assignment. You may not cede or assign your rights or obligations under these Terms. We may cede or assign ours without restriction.

14.2 Severability. If any provision of these Terms is found invalid or unenforceable, the rest remain in force.

14.3 Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

14.4 Successors. These Terms bind and benefit each party's successors and assigns.

14.5 Contact. If you have any questions about these Terms, contact us at Centurion Engineering Works.

POPIA

Protection of Personal Information Act 4 of 2013 - Privacy Policy

1. INTRODUCTION

1.1 We, Centurion Engineering Works (“we”, “us” or “our”), are the responsible party for the personal information described in this policy and are committed to protecting your privacy and processing your personal information lawfully under POPIA.

1.2 This policy applies to personal information we collect through our website at Centurion Engineering Works (the “Website”), our services, and our dealings with you. It should be read together with our Website Terms of Use at Centurion Engineering Works.

1.3 In this policy, “personal information”, “processing”, “data subject”, “responsible party” and “operator” have the meanings given to them in POPIA.

2. WHAT WE TELL YOU WHEN WE COLLECT YOUR INFORMATION (POPIA section 18)

2.1 When we collect your personal information, POPIA requires us to make you aware of the following, which (together with the details on the first page) we set out here:

(a) the information we collect and, where we do not collect it from you, its source;

(b) our name and address, as the responsible party (see the first page);

(c) the purpose for which we collect the information (see clause 4);

(d) whether providing the information is voluntary or mandatory;

(e) the consequences of not providing it (for example, that we may be unable to provide a service);

(f) any law that requires or authorises the collection, where applicable;

(g) whether we intend to transfer the information to another country and the protection it has there (see clause 8); and

(h) your rights — including the right to access and correct your information, to object to processing under section 11(3), and to complain to the Information Regulator (see clauses 6 and 10).

3. INFORMATION WE COLLECT

3.1 Information that does not identify you. When you visit the Website, we collect technical information such as your IP address, operating system, browser type and internet service provider. On its own this does not identify you personally.

3.2 Personal information you give us. We collect and process the personal information you provide, including when you:

(a) fill in forms on the Website, register, or subscribe to our services;

(b) report a problem or correspond with us;

(c) complete a survey for research purposes;

(d) carry out a transaction with us; and

(e) use the Website (including traffic, location and log data and the resources you access).

3.3 We use third-party providers — for example a payment provider and analytics providers — who may process some of this information on our behalf or collect technical information through the Website.

3.4 Special personal information and children. We do not seek to collect special personal information (such as health, religion or biometric data) or the personal information of children unless the law allows it and, where required, we have consent. If you believe a child has given us personal information, please contact our Information Officer so we can delete it.

4. HOW AND WHY WE USE YOUR INFORMATION

4.1 We use your personal information to:

(a) provide the Website, our services and the content you request, and present them effectively;

(b) carry out our contract with you and respond to your queries;

(c) create and manage your account and provide customer support;

(d) send you service-related notices and, where you have consented or the law allows, marketing;

(e) generate aggregated, de-identified statistics and improve our services; and

(f) comply with our legal obligations and protect our rights.

4.2 Lawful basis. We process personal information only where POPIA allows it — that is, where you have consented; where it is necessary to conclude or perform a contract with you; where it is required by law; to protect your legitimate interests; or for our (or a third party's) legitimate interests in a way that does not override your rights.

5. OUR COMMITMENT — THE EIGHT POPIA CONDITIONS

5.1 We process personal information in line with the eight conditions for lawful processing in POPIA:

(a) Accountability — we take responsibility for complying with POPIA;

(b) Processing limitation — we process information lawfully, minimally, and with your consent or another lawful basis;

(c) Purpose specification — we collect it for a specific, defined purpose;

(d) Further-processing limitation — we use it only for purposes compatible with that original purpose;

(e) Information quality — we take reasonable steps to keep it accurate and up to date;

(f) Openness — we are transparent, through this policy, about what we do;

(g) Security safeguards — we apply reasonable technical and organisational measures to protect it (clause 7); and

(h) Data-subject participation — we honour your rights to access and correct your information (clause 6).

6. YOUR RIGHTS (POPIA sections 23–, 25 and 11)

6.1 Subject to POPIA, you have the right to:

(a) ask us to confirm, free of charge, whether we hold personal information about you, and to request a copy or description of it (section 23);

(b) ask us to correct or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained (section 24);

(c) object, on reasonable grounds, to the processing of your personal information (section 11(3));

(d) withdraw any consent you have given, without affecting processing that already took place; and

(e) lodge a complaint with the Information Regulator (clause 10).

6.2 To exercise these rights, contact our Information Officer (see the first page). Access requests are dealt with under the Promotion of Access to Information Act 2 of 2000 (PAIA) and may require the prescribed form and proof of identity.

7. STORAGE, SECURITY AND RETENTION

7.1 We take reasonable technical and organisational measures to protect your personal information against loss, damage and unauthorised access. We do not store your full card details; card payments are processed by our third-party payment provider using secure (SSL/TLS) technology.

7.2 The transmission of information over the internet is not completely secure. While we use reasonable measures to protect your information, we cannot guarantee its security, and any transmission is at your own risk. If you have a password for the Website, please keep it confidential.

7.3 We keep personal information only for as long as is necessary for the purposes described in this policy, or as required by law, after which we securely delete or de-identify it.

7.4 If we become aware of a security compromise affecting your personal information, we will notify the Information Regulator and you as required by section 22 of POPIA.

8. COOKIES AND SIMILAR TECHNOLOGIES

8.1 We use cookies (small text files stored on your device) to manage your sessions, remember your preferences, speed up searches, recognise you on return, and understand how the Website is used.

8.2 Some cookies may be set by third-party providers. We do not control third-party cookies, and this policy covers only cookies set by us.

8.3 You can set your browser to refuse cookies, but some features of the Website may then not work properly.

9. WHEN WE SHARE YOUR INFORMATION

9.1 We may share your personal information with operators who process it on our behalf (such as hosting, payment and analytics providers) under written agreements that require them to protect it and process it only on our instructions.

9.2 We may disclose personal information where the law requires it — for example to comply with a court order, subpoena or lawful request — or where reasonably necessary to enforce our terms, protect our rights, or protect the safety of any person.

9.3 The Website may link to third-party websites that have their own privacy policies. We are not responsible for those websites, and we recommend you review their policies.

9.4 If our business (or substantially all of its assets) is sold or merged, your personal information may be transferred to the acquiring party, who will be required to handle it in accordance with POPIA.

10. CROSS-BORDER TRANSFERS, DIRECT MARKETING AND CONTACT

10.1 Cross-border transfers (POPIA section 72). Sometimes your personal information is stored or processed outside South Africa (for example by a cloud provider abroad). We do this only where section 72 of POPIA allows it — that is, where one of the following applies:

(a) the recipient is subject to a law, binding corporate rules or a binding agreement that gives your information an adequate level of protection;

(b) you have consented to the transfer;

(c) the transfer is necessary to perform our contract with you; or

(d) the transfer is for your benefit and it is not reasonably practical to get your consent.

10.2 Direct marketing (POPIA section 69). We will only send you electronic direct marketing where you have consented, or where you are an existing customer whose details we obtained in the context of a sale, in respect of our own similar products or services. You may opt out of marketing at any time, free of charge, using the unsubscribe mechanism or by contacting our Information Officer.

10.3 Information Regulator. You have the right to complain to the Information Regulator (South Africa), JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 — POPIAComplaints@inforegulator.org.za.

10.4 Changes and contact. We may update this policy from time to time and will publish any material change on the Website. If you have any questions about this policy or how we handle your personal information, contact our Information Officer at Centurion Engineering Works with “Privacy Policy” in the subject line.