TERMS OF USE/SERVICE 

1. Introduction: These Terms of Use (incorporating our Privacy Policy) (“Terms”) govern your (the “Customer”, “you” or “your”) access to and use of the services we offer from time to time, including offering an online store that allows you to purchase various paint and related products (“Products”) as updated on the website (“Website”) from time to time.
2. About us: The Website is provided by Macpherson Coatings (Pty) Ltd (“Macpherson Coatings (Pty) Ltd”, “we”, “our” or “us”).
3. Acceptance: These Terms constitute a legally binding agreement between you and Macpherson Coatings (Pty) Ltd. You agree to these Terms by accessing or using our Website as well as registering an account. You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, you must not use our Website.
4. Term: These Terms shall commence immediately upon your acceptance (as detailed in clause 3 above) and shall endure indefinitely unless terminated by either of us.
5. Account Registration You must register an account in order to place an order. You must complete an online form in order to register an account or to make a purchase. You must provide accurate information. You are responsible for keeping your username and password safe and secure. You must notify us promptly of any unauthorized use of your account or a security breach of your details or our Website.
6. Electronic Communications: You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages via the Website or electronic devices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Website, subject to your compliance with the Terms.
8. Use of the Website: You undertake to access and use our Website only for legal, authorised, and acceptable purposes. You undertake not to use (or assist others in using) our Website in ways that: (a) violates, misappropriates, or infringes the rights of us or anyone else, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling, and the like; or (f) in any other way that is not specifically permitted by us in these Terms.
9. Orders: All orders for Products (each an “Order”) must be made via the Website. Any Order not made via the Website will not be processed. We attempt to be as accurate as possible with respect to ensuring that the correct Product descriptions, pricing, shipping charges, delivery times and availability. However, it is possible that this information is inaccurate, incomplete or outdated. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel any Orders if any information is inaccurate at any time without prior notice (including after an order has been submitted). We do not warrant that Product descriptions, pricing, or other content on the Website are accurate, complete, reliable, current, or error-free. If a Product is not as described, your sole remedy is to return it in unused condition.
10. Sale: An Order is only completed once the Order has been accepted by us and we have received payment in full. We reserve the right to cancel any Order should the Products in question or the quantity thereof not be available or if there is an error in the price advertised. If the Order is not completed for any reason no sale is concluded and you cannot hold us liable for such cancellation and we shall only be liable to refund monies already paid by the user.
11. Payment: We accept the following forms of payment: (i) credit card (processed by third-party payment gateways); or (ii) electronic funds transfers (direct or via third-party payment gateways) and only if such payment is received within 5 (five) business days after completion of the Order; or (iii) any other payment method detailed on our Website from time to time. All payments on the Website are processed via third party payment processors or banks. In order to protect our interests as well as yours, we may scrutinize transactions to prevent fraud. A transaction may be refused if we are not satisfied that it is legitimate. No other method of payment, including gift vouchers, will be accepted in respect of the purchase of Products on the Website.
12. Third-Party Providers: You agree and understand that we are an online retailer that supplies the Products of third-party suppliers, as updated from time to time. We are not responsible for the Products provided by the third party suppliers and have no control over their performance in any manner whatsoever. As such, we accept no responsibility for any loss, damage, expense, delay or any other harm (“Loss” or “Losses”) that you or your property may suffer in any manner whatsoever in relation to the Products; any Loss of business or business interruption; or any reputational damage suffered by you for any reason whatsoever. We accept no liability for Products in any manner whatsoever and you fully indemnify and hold us harmless for any claims you may have in this regard.
13. Marketing: You agree and understand that we may send marketing material to you from time to time, including special offers and promotions. You hereby consent to receiving these marketing materials.
14. Restrictions: Only you may access and use our Website via your own account and may not act on behalf of anyone else. You may only register a single account at a time. You agree not to access or attempt to access any part of the Website, app or any other digital asset by any means other than through the interface provided by us. You may not intercept, monitor, damage, or modify any communication of any user of the Website for any reason whatsoever. You may not do anything that would compromise the security or integrity of the Website. You will not engage in any activity that interferes with, or disrupts, the Website or the servers and networks that host these. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website. Further, you may not decompile, disassemble, or reverse engineer the Website or any part thereof. You may not use or access the Website in any way that, in our sole discretion, adversely affects the performance or functionality of the Website or interferes with the ability of authorised persons to access the Website. Any use of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited in relation to the Website.
15. Content: You agree and understand that the Product descriptions are provided by our suppliers. We have no control over such content or claims made in relation to any Product or its performance. We make no warranties or representations with respect to any content provided on the Website. You hereby (to the fullest extent possible) indemnify us, our directors, employees and affiliates from any and all claims (including threatened claims) made arising from or otherwise in relation to your use of the Website or any such content.
16. Non circumvention: You irrevocably agree that you shall not, whether directly or indirectly as an agent, principal, partner, shareholder, advisor, financier, or in any other manner circumvent or attempt to circumvent these Terms.
17. Intellectual Property: All intellectual property rights (including copyright, moral rights, trade marks, patents or designs) in relation to the Website (“IP”) are owned by us (or are licensed to us) and are therefore protected by both South African and international intellectual property laws. Accordingly, any unauthorised use, copying, reproduction, re-transmission, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of the IP or any part thereof will constitute an infringement of such IP rights.