By accessing any pages of this website of First National Battery – a division of Metindustrial (Pty) Ltd (“FNB”) you, (“the User”) agree to be bound by the following terms and conditions of use:-
1.1 Your use of this website is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.
1.2 You should carefully read the terms and conditions before you access any pages of the website or subscribe to any mailing list, transaction or other on-line forum of FNB.
1.3 Your use is restricted to personal and non-commercial use and no adaption, modification or re-use of the text or graphics from this website is allowed except with prior written consent from FNB.
2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The content, including wording artwork, data and software, text, graphics, icons, hyperlinks, trade-marks, etc, used on the pages, documents and information appearing in this website are subject to statutory protection including copyright in terms of local and international conventions an d treaties and are the property of or licensed to FNB. Subject to what is said below, unless you have prior written permission from FNB, no part of these pages, documents or information may be reproduced, stored or transmitted in any form or by any means. You are granted the sole right to use the pages, documents and information appearing on this website by downloading, storing and making copies for private use only (and non-commercial purposes) and the re-publication or re-use thereof (or part thereof), without the prior written permission from FNB, is prohibited. All intellectual property of this website are expressly reserved.
You hereby indemnify and hold FNB harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on this website, or the use of the services, information and / or images available on this website, whether due to our negligence or not.
4.1 All reasonable steps shall be taken by FNB to secure a user’s information.
4.2 Users undertake not to divulge their usernames and passwords to any other person.
4.3 It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any information on this website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website shall be held criminally liable and in the event that FNB should suffer any damage or loss, civil damages will be claimed.
If you have a password you undertake to keep it secure and warrant that no other person shall use the services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the services is obtained using your password, and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.
6. TERMINATION AND VARIATION
FNB reserves the right to alter, restrict and / or terminate the website services to you in particular or to the public in general, without notice or reason, or to revise these terms and conditions, and / or the prices at which the services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the services. The obligation therefore is on you to review these terms and conditions at regular intervals.
7.1 These terms and conditions shall be governed by and construed in accordance with the laws of South Africa and you shall submit to the jurisdiction of the South African Courts.
7.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining terms and conditions which shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
7.3 FNB’S failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
7.4 These terms and conditions, as varied by us from time to time, pursuant to Clause 7 above constitute the sole agreement between yourself and ourselves.
7.5 These terms and conditions shall be for the benefit of FNB and may be waived by us in our sole discretion.
8. USING SEARCH TECHNOLOGY
The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is not permitted. Such technology shall result in slowing down this website and infringe the intellectual property rights of FNB.
FNB chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court processes, notices or other documents or communication of whatsoever nature:
Liverpool Road Industrial Sites Benoni South 1501
PO Box 5015 Benoni South 1502
Telephone +27 11 7413600
Telefax +27 11 4213600
Electronic Communications and Transactions Notice
1. This e-mail legal notice is enforceable and binding on the recipient / addressee in terms of The Electronic Communications and Transactions Act, Act 25 of 2002 (“ECT”).
2. This e-mail transmission may contain confidential information, which is the property of FIRST NATIONAL BATTERY – a Division of METINDUSTRIAL (PTY) LIMITED (“FNB”). No person, other than the recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorized disclosure and / or use may result in civil and criminal liability.
3. The information in this e-mail, links or attachments thereto is intended for the attention and use of the addressee only – if you are not the intended addressee / recipient, you are hereby notified that any use, disclosure, copying or distribution of the contents of this e-mail transmission or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited. Should you have received this e-mail in error, please delete and destroy it immediately and notify the sender.
4. The e-mail address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and / or other online marketing practices without the prior consent of the sender and / or FNB.
5. Under no circumstances shall FNB or the sender of this e-mail be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, loss of revenue, loss of income, business interruption, loss of programs or data, even if FNB or the sender of this e-mail have been expressly advised of the possibility of such damages.
6. Any agreements concluded with FNB by using electronic correspondence shall only come into effect once FNB has indicated the conclusion of an agreement in a follow up or return communication and always subject to the requirements of the ECT Act and contract law in general.
7. No e-mail correspondence sent to FNB shall be deemed to have been received until FNB has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return e-mail messages blocked by FNB’S virus detection and / or filtering applications shall be deemed not to have been received by FNB and / or the addressee.
8. No warranties, whether express or implied, are made and / or implied that any employee and / or contractor of FNB is and / or was authorized to create and send these e-mail communications.
9. FNB reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this e-mail message and all e-mail messages sent as reply messages to this e-mail message or the address of the sender.
10. FNB retains the copyright in all e-mail messages and attachments sent from its communications systems insofar as such content is original and subject to copyright. The recipient / addressee is hereby licensed to open and read the message and / or attachments only – all other rights are reserved unless so indicated by FNB.
11. The views and opinions expressed in this e-mail message do not necessarily reflect the views and / or opinion of FNB. If this e-mail message is used for purposes unrelated to the official business of FNB, FNB shall not be liable for any damage, liability, infringement or loss caused by the contents of this message and the sender shall take full responsibility therefore in his / her personal capacity.
12. An electronic communication shall be considered to have been sent by a Director of FNB only if: –
12.1.1 the Director sent it personally; or
12.1.2 it was sent by a person who had the required authority to act on behalf of the said Director.
12.2 Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
12.3 FNB shall not be responsible for the proper and / or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
12.4 Whilst FNB does utilize virus filtering, it provides no guarantees or warrantees that any electronic communications are virus-free.
13. Subject to urgent and interim relief, all disputes and / or disagreements and / or damages and / or liabilities, in any manner related to the:
13.1 Interpretation, validity, access to and enforceability of this e-mail legal notice;
13.2 Content (including message headers, links and/or attachments) of this e-mail message;
13.3 The time and place this e-mail was sent and / or delivered; and / or
13.4 The identity of the sender shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Pretoria in English.
14. The law of South Africa shall govern this e-mail message and legal notice.
15. Information disclosures required by law:
15.1 Full name of company: METINDUSTRIAL (PTY) LIMITED – trading through its division FIRST NATIONAL BATTERY
15.2 Registration number: 1949/031259/07
15.3 VAT registration number: 4010197640
15.4 Directors: Martin John Slattery; Andrew Clement Gordon Webb; Brian Michael Jacobs; Hayley Mclachlan; Andre Johan Becker; Gerard Louis Laubscher; Russel Frederick Bezuidenhout; Mark Eric Barley; Thomas James Cross; Louis Denner; Colin Robert Ellison; Cornelius Theodorus Loock; Ntsumbeni Justice Mavhungu; Marthinus Cornelis De Lange; Bunwarie Sivlal
15.5 Company Secretary: Bunwarie Sivlal
15.6 *Postal Address: PO Box 5015 Benoni South 1502, PO Box 1529 Nigel 1490 – According to Certificate.
15.7 **Physical Address: Liverpool Road Industrial Sites Benoni South 1501
** ERF 45 JOHNSON ROAD, PRETORIUSTAD, NIGEL, 1490 – According to Certificate.
15.8 Website: http://www.battery.co.za
16. This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer(s) attached to return e-mails addressed to any person with a FNB e-mail account.
17. This e-mail legal notice may be amended without prior warning.