Tile Africa is a division of Norcros SA (Pty) Ltd.
This Terms & Conditions Policy comprises the Terms & Conditions, the Privacy Policy, the Cookie Policy and the General Conditions set out below as well as any other document which is incorporated by reference into this Terms & Conditions Policy.
Terms & Conditions
Use of the Website Be sure to familiarise yourself with this Terms & Conditions Policy. By using / accessing this Website (“the Website”) you are deemed to have reviewed and accepted the provisions of this Terms & Conditions Policy.
Intellectual Property Tile Africa either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and any other content that is made available to you on this Website, or has obtained the permission from the owner of the intellectual property in such content to use it on the Website.
Limited Licence to use the Website
Tile Africa grants to you a limited licence to display on your computer or mobile device, to print, download, view and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on the Website, for non-commercial, personal or educational purposes only. No other use is permitted.
You may not modify, publicly display or distribute any material or content or other proprietary information available on the Website.
Without limiting the generality of the foregoing, you may not:
Use any of the content for a commercial purpose;
Include such content in or with any product that you create or distribute; or
Copy such content onto your or any other website.
Notwithstanding the above, nothing contained in this licence shall be construed as conferring any right under any copyright of Tile Africa or any other person who owns copyright provided on the Website to you.
Trade Marks
Tile Africa is a trade-mark of Norcros SA (Pty) Ltd.
The names of all other products and services mentioned on this Website are the trade-marks of their respective owners. The display of trade-marks or trade-names on this Website does not convey or create any licence or other rights in these trade-marks or trade-names.
Any unauthorised use of any of these trade-marks or trade-names is strictly prohibited.
Warranties
Tile Africa does not warrant the quality, accuracy or completeness of any information on the Website. Such information is provided on an “as is” and “with all faults” basis and without warranty or condition of any kind. This Website may include inaccuracies or typographical errors. Tile Africa shall not be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available on this Website.
By using this Website and submitting Personal Information you warrant that:
You are not a Child;
That you are authorised to disclose Personal Information via the Website;
Your disclosure of Personal Information does not infringe any trademarks, copyright, patents, trade secrets or other intellectual property rights;
The Personal Information or other information is (to the best of your knowledge) true and correct;
The disclosure of any information is not in contravention of any law; and
The disclosure is not defamatory, hateful, racially, ethnically, religiously or otherwise offensive, obscene, amounting to hate speech, vulgar or inappropriate.
No endorsements No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on, or linked to this Website.
Amendments Tile Africa retains the right to amend this Terms & Conditions Policy, including the right to revoke any permissions.
Electronic communications When you visit the Website or send emails or other forms of electronic communication to Tile Africa via the Website or any form of electronic media including social media you are communicating electronically. Tile Africa may respond to any query or statement made in such communication by e-mail, posting a notice on the Website or using any other form of media including social media.
Product Purchase Terms & Conditions To the extent that you purchase any of our products or services using this Website, any such transaction will be subject to the General Terms & Conditions of Sale. Before submitting an order for any products and/or services, please familiarise yourself with the General Terms & Conditions of Sale. By submitting an order for any such products or services using the Website you shall be deemed to have reviewed and agreed to the contents of the General Terms & Conditions of Sale. Any quotation-generated quotation is valid for 7 days from the quotation date. This quotation is subject to review and confirmation of the prices quoted and availability of stock and may be revoked, by notice, by Tile Africa at any time before its acceptance (acceptance hereof is when you complete the purchase in-store). Delivery charges and installation services are not included. Errors and omissions excepted (E&OE)
Definitions
“Affiliate” - means, with respect to a person or entity, any person or entity which directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such person or entity, and “Control” means possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership of voting securities, by agreement or otherwise), and Affiliates shall have a corresponding meaning;
“Child” or “Children” are considered to be person(s) under the age of 18 years old.
“Personal Information” – means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
Information relating to the race, gender, sex, pregnancy, marital status, national, ethic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
Information relating to the education or the medical, financial, criminal, or employment history of the person;
Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
The biometric information of the person;
The personal opinions, views or preferences of the person;
Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
The views or opinions of another individual about the person; and
The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, or any such changes to the definition of Personal Information in the Protection of Personal Information Act 4 of 2013.
“Processing” – means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
Dissemination by means of transmission, distribution or making available in any other form; or
Merging, linking, as well as restriction, degradation, erasure or destruction of information.
“Website” means Tile Africa’s website which can be located at www.tileafrica.co.za or www.tileafricacontracts.co.za
Liability
ile Africa and its Affiliates do not warrant that the information, ideas, opinion or statements published on the Website is correct or fit for purpose. Your reliance on any of the information, ideas, opinions or statement contained on the Website is at your sole risk.
Whilst Tile Africa take reasonable precautions regarding the operation and maintenance of the Website, neither Tile Africa nor its Affiliates, agents or representatives will assume any responsibility or liability for any damages to or for viruses that may infect your computer equipment or software or other property from accessing the Website.
You access and use the Website at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results.
Tile Africa will use reasonable endeavours to ensure that the Website is available to you, and keep the Website available at all times. However, you agree that Tile Africa shall not be liable for any loss or damage caused by or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as a whole) for any reason whatever.
Indemnity You hereby indemnify Norcros SA, its Affiliates and its directors, officers, employees, servants, agents and / or contractors and / or other person for whom in law we may be liable (in whose favour this constitutes a stipulation alteri or stipulation for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access to the Website or your breach of this Terms and Conditions Policy.
Governing Law This Website is hosted and maintained in South Africa. You agree that and shall be governed in accordance with the laws of the Republic of South Africa and you consent to the jurisdiction of the South Gauteng Local Division, Johannesburg, South Africa in respect of disputes which arise from the Website and / or the Terms and Conditions Policy.
Queries If you have any questions or complaints about the Website or the Terms and Conditions Policy, please email Karin Higley at [email protected]. If you wish to know which of your Personal Information Tile Africa processes or if you wish to update and / or correct such Personal Information, please contact Karin Higley at [email protected].
Severability Any provision in this Terms and Conditions Policy which is or may become illegal, invalid or unenforceable shall be ineffective to the extent that it has become illegal, invalid or unenforceable, and such provision shall be severed from the remaining provisions in this Terms and Conditions Policy, and in no way affect the legality, validity or enforceability of the remaining provisions in this Terms and Conditions Policy.
Electronic Communications and Transactions Act, 2002 Access to the Website or through its applications is classified as “electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to disclose the following information:
Our full name and legal status : Norcros SA (Pty) Ltd. (Reg. no. 1952/000012/07)
Street address : 1 Porcelain Road, Olifantsfontein, 1666
Postal address : Private Bag X4, Olifantsfontein, 1665
Physical address for receipt of legal service : 1 Porcelain Road, Olifantsfontein, 1666
Website address : http://www.tileafrica.co.za
Codes of conduct to which we subscribe : These terms and conditions
Costs associated with the access to and use of the application : no charge for access to the website