These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Firepal and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website as your own.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Firepal’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. Firepal reserves the right to restrict access to other areas of this website, or indeed this entire website, at Firepal’s discretion.
If Firepal provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Firepal may disable your user ID and password at their sole discretion without notice or explanation.
This website is provided “as is” without any representations or warranties, express or implied. Firepal makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Firepal does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Firepal will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Firepal has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Firepal’s liability in respect of any:
- fraud or fraudulent misrepresentation on the part of Firepal; or
- matter which it would be illegal or unlawful for Firepal to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Firepal has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Firepal’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Firepal’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Firepal.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- The Seller of the products hereby records that its liability for any failure of any product is limited to the direct consequences thereof, that no consequential or special damages
shall be recoverable against it under any circumstances and that:
- The product is not intended for use in industrial settings or with any hazardous substances and cannot be installed in such settings without professional advice and guidance from duly qualified Occupational Health and Safety Professionals, which advice the Seller does not provide;
- The product is not intended for use in a commercial setting without taking professional advice as to the number of units, placement thereof and setting up thereof from duly qualified Occupational Health and Safety Professionals, which advice the Seller does not provide;
- The Seller does not warrant the safety of the device if used on a person directly or if otherwise used for purposes it is not intended for.
- The Seller records that the Buyer is required to familiarise itself with the method of operation of the devices and that it is not liable for the failure of a device to operate unless the device is used in the fashion authorised and intended.
- The Seller’s liability shall be limited to the repair or replacement of the products and to the extent permitted by law, it shall not be liable for any damages suffered by a Buyer
arising from any indirect, special consequential or economic loss.
- The Seller or its employee or agent or servant or the courier employed shall under no circumstances whatsoever be deemed to be the agent, servant or employee of a Buyer.
- The Buyer hereby indemnifies and holds harmless the Seller against any losses, damages or claims by anyone whomsoever and howsoever arising relating to the use of the device, acknowledging that it is the responsibility of the Buyer to take precautions against fire and that the purchase of the device cannot be a substitute for a comprehensive fire prevention plan.
Breaches of these terms and conditions
Without prejudice to Firepal’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Firepal may take such action as Firepal deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Firepal may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Firepal may transfer, sub-contract or otherwise deal with Firepal’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Firepal in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with The United Kingdom, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of The United Kingdom.
The Firepal brand is registered to Magic-i Solutions Limited in the United Kingdom under registration number 6384936.
Firepal is sold in South Africa by Firepal SA (Pty) Ltd, company registration number 2017/237001/07. You may correspond with us at P O Box 12620, Die Boord, Stellenbosch, 7613 or email firstname.lastname@example.org.
This document was created using a Contractology template available at http://www.contractology.com.
Last update: 9 November 2017