Terms & Conditions
Welcome to the BurGerS Equipment & Spares Website at www.burgersnamibia.com (“Website”). Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our Website and any products or services that you may order through the Website.
All of the provisions of these Terms are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and to explain their fact, nature and effect. They are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the terms, and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.
WHO OWNS THIS WEBSITE?
The BurGerS Website at www.burgersnambia.com is owned and operated by Burgers Equipment & Spares CC (“BurGerS”), a company registered in the Republic of Namibia under company registration number CC2008/4024, which has its registered office at 5 Parsons Road, Southern Industrial, Windhoek.
All rights and/or defenses afforded to us in these Terms shall stand to the benefit of our group companies.
In the clause above, you agree that the rights and defenses contained in these Terms which BurGerS can rely on in any matter against you can also be relied on by any company in the BurGerS group of companies.
TERMS & CONDITIONS APPLY
These Terms apply to your access and use of this Website. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our Website if you do not agree to be bound by these Terms.
Online purchases from our Website are subject to these Terms.
AMENDED OR UPDATED TERMS
We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.
LAW AND ARBITRATION
These Terms are governed by the laws of the Republic of Namibia. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Windhoek at a venue to be determined by us applying the Uniform Rules of the High Court of Namibia.
USE OF OUR WEBSITE
You are welcome to browse or use our Website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of this Website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our Website from any other site whatsoever, is strictly prohibited.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
In the clause above, you take on responsibility for how you use the Website and how others you give access to the Website use it.
You may not provide to, or post on or through, the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.
You agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
You may not provide to, or post on or through, the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by these Terms, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).
The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of BurGerS and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by these Terms or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that BurGerS and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.
In the clause above, you agree that when you link to any site through the Website, you do so at your own risk. BurGerS and its third party service providers will not be liable for any loss you may suffer as a result of linking to the other sites.
You agree to indemnify BurGerS against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms.
In the clause above, you agree that in certain circumstances we may face claims for losses, damages and liabilities arising out of your use of the Website. In these circumstances, you will have to pay all amounts which we may have to pay as a result of these claims and defend us in such claims.
We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
USE OF OUR WEBSITE OUTSIDE NAMBIA
Customers who are not resident in Namibia are welcome to use our Website in accordance with these Terms to make online purchases provided that the delivery address is in Namibia.
If you opted in for our newsletter and other marketing material, you are free to opt out of receiving our marketing material at any stage. It may take up to one month for your profile to be updated.
Your privacy is very important to us. We take reasonable steps to protect the personal information we hold and process from misuse, loss and from authoriZed access, modification or disclosure. We hold personal information both at our own premises and with the assistance of our service providers.
ACCESSING THE WEBSITE
To the extent allowed by law, we will not be responsible for your inability to access the Website, the Website Content and/or the Assets due to limitations specific to your personal computers, mobile phones, and other similar devices (“Access Device“). To access the Website Content and/or the Assets, you must have an Access Device which is able to connect to the Internet and to receive the Website Content and/or the Assets.
You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, (“Technology“) needed to access the Internet and the Website Content and/or the Assets. We are not responsible for any Internet access charges, service provider charges and/or data usage charges. These charges must be paid by you or the owner of the Access Device.
In the clauses above, you take on certain risks, liabilities and responsibilities and certain risks, liabilities and responsibilities of AutoZone are excluded. You are responsible for ensuring that you have access to an appropriate Access Device and to Technology to enable you to use the Website, the Website Content and/or the Assets and for paying all associated costs.
ACCURACY OF WEBSITE CONTENT
All reasonable steps are taken to ensure that the information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current and any person accessing the Website agrees that, to the extent permitted by law:
- BurGerS, its officers, employees and agents do not accept any liability of whatsoever nature for any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising from the use of or reliance on any such content or information; and
- the content is intended and produced for general information purposes only, and should not be relied upon as specific advice of any kind. In this regard, BurGerS expressly excludes any express or implied warranty as to the accuracy of the content and information.
Any comments uploaded by our users or any authorized experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
You acknowledge that any information, ideas and opinions expressed on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever.
We value your comments, ideas, suggestions and feedback (“your Comments“) via our Website. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
BurGers does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of BurGers or its third party service providers. You agree that BurGers and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorized use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
USE OF OUR LOGO’S, CONTENT AND IMAGES
You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
ADVERTISING AND HYPERLINKS
External hyperlinks to websites operated by third parties (“Third Party Websites”) may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services.
Your reliance on any information contained in such material is entirely at your own risk. AutoZone shall not be liable in any manner whatsoever for any direct, indirect, incidental or consequential loss or damage of any kind or nature howsoever arising from any use of or reliance on any data, information, claims, statistics, undertakings and/or representations displayed on any Third Party Website, including without limitation, any liability arising from the conclusion of any agreement, understanding or arrangement between a web site user(s) and any other person(s) for the provision of any form of services or the sale, lease or maintenance of any motor vehicle, motorcycle, object, good or thing.
DISCLAIMERS AND EXCLUSION OF LIABILITY
Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services.
You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website.
To the extent permitted by law, you hereby indemnify AutoZone and its affiliates, employees, agents, representatives, successors, assigns, representatives, sub-contractors, suppliers and third party service providers, and hereby defend and hold each of them harmless from and against any and all claims, damages, obligations, losses, costs, expenses and liabilities (including legal costs on the attorney-client scale) which may arise from:
- your submissions;
- your unauthorised use of material obtained through the Website;
- your breach of these Terms,
- your violation of any third party right, including without limitation any copyright, trademark, trade secrets or other property, or privacy rights;
- any claim that any content or information submitted or posted by you or on your behalf is inaccurate, defamatory, unlawful, offensive and/or discriminatory and/or that it caused damage or loss to any person; or
- your access to and/or use of the Website.
If these Terms are regulated by or subject to the Consumer Protection Act 2008 (“CPA“), the Electronic Communications and Transactions Act 2002 (“ECTA“) and/or any other laws which cannot lawfully be limited or excluded (collectively the “Consumer Laws“), it is not intended that any provision of these Terms contravenes or purports to contravene any provision of the Consumer Laws. Therefore, notwithstanding anything to the contrary, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Laws are complied with.
No provision of these Terms (or any contract governed by these Terms):
- does or purports to limit or exempt AutoZone from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any person acting for or controlled by us) to the extent that the law does not allow such a limitation of exemption;
- requires you to assume risk or liability for any particular liability or loss to the extent that the law does not allow such an assumption of risk or liability; and/or
- limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms by the Consumer Laws (to the extent applicable) or which we give under the Consumer Laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
By using the Website and/or the services and accepting these Terms you agree that all agreements, notices, disclosures and other communications sent by you or the company you represent satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this clause, a “data message” means data generated, sent, received or stored by electronic means.
ECTA states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on the website where the goods or services are offered. Such information is set out on the Website or otherwise set out below or elsewhere in these Terms:
OFFICE BEARERS (Directors):
Mr Jan Harms Burger
Mr Pieter Cornelius Christiaan Burger
+264 61 287 1000