Roof Buddies Terms and conditions
1. Introduction
Welcome to www.roofbuddies.co.za (the “website“). The website is owned and operated by Roof Buddies (Pty) Ltd. (“RB’s “, “us” or “we“). Please read these Roof Buddies Terms and Conditions carefully before using the website.
By using the website, you signify your agreement to these Roof Buddies Terms and Conditions. If you do not agree to these terms and conditions, you may not use the website. Also, when you use any of our current or future services, note the following. You will be subject to our guidelines, terms, conditions, and agreements applicable to those specific services. If these terms and conditions are inconsistent with the guidelines, terms, and agreements applicable to those services, these terms and conditions will supersede.
2. Privacy and your account
To understand our privacy practices you need to review our privacy policy, as well as our cookies policy. Both of these policies also governs your visit to the website. Please note that we do not sell products for children. If you are under 18, you may use the website only with the supervision of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
3. Consideration
You agree that these Roof Buddies Terms and Conditions are supported by reasonable and valuable consideration. That the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the website and data, materials and information available at or through the website.
4. Restrictions on use; limited license
Jurisdiction
All content contained on the website (collectively, “content“), is our property or the property of our licensors or licensees. This includes the following:
- text,
- graphics,
- logos,
- icons,
- images,
- audio and video clips,
- digital downloads,
- data compilations and software,
The compilation of the content on the website is our exclusive property. Its is protected by South African and international copyright laws, treaties and conventions. All software used on the website is our property or the property of our software suppliers. These are also protected by South African and international copyright laws, treaties and conventions.
General terms of use
Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “mark“) contained on the website are proprietary to us or our licensors or licensees. Our marks may not be used in connection with:
- any product or service that is not ours,
- in any manner that is likely to confuse users,
- or that disparages or discredits us or anyone else.
All other marks not owned by us that appear on the website are the property of their respective owners. They may or may not be affiliated with, connected to, or sponsored by us.
Granting of a limited license
We grant you a limited license to access and make personal use of the website. No content of the website or any other internet site owned, operated, licensed, or controlled by us may be:
- copied,
- reproduced,
- republished,
- downloaded (other than page caching),
- uploaded,
- posted,
- transmitted or distributed in any way,
- or sold,
- resold,
- visited, or
- otherwise exploited for any commercial purpose,
You may download one (1) copy of the content that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you:
- keep intact all copyright, trademark and other proprietary rights notices;
- not modify any of the content;
- do not use any content in a manner that suggests an association with any of our products, services or brands; and
- do not download content to avoid future downloads from the website. Your use of content on any other website or computer environment is strictly prohibited.
Limitations of the license
The license granted to you does not include, and specifically excludes, any rights to resell or make any commercial use of the website or any content. This includes:
- to collect and use any product listings, descriptions, or prices;
- make any derivative use of the website or content;
- download or copy account information for the benefit of anyone else;
- or use any form of data mining, robots, or similar data gathering and extraction tools.
You may not frame, or utilize framing techniques to enclose, any mark, content, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent.
Termination of the license
Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create only a hyperlink to our home page. The following condition apply. The link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
5. Use and protection of password and id.
RB’s will assign a password and account id to you so you can access and use certain areas of the website. Each user who uses such an assigned password and id shall be deemed to be authorized by you to access and use the website, and RB’s shall have no obligation to investigate the authorization or source of any such access or use.
You acknowledge and agree that as between you and RB’s, you will be solely responsible for all access to and use of the website by anyone using the password and id assigned to you whether or not such access to and use of the website is authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.
Also, you are solely responsible for protecting the security and confidentiality of the password and id assigned to you. You shall immediately notify RB’s of any unauthorized use of the assigned password or id, or any other breach or threatened breach of the website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or id.
6. System requirements.
Use of the certain areas of the website requires internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in mp3 and mp4 or other digital formats (the “software“), and, for certain downloadable content, a compatible player device (the “device“). RB’s may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the software, or use of a device may result in fees in addition to any fees incurred on the website. Software and devices may require you to obtain updates or upgrades from time to time. Your ability to use the website may be affected by the performance of the software, the device, or your internet connection.
You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your software and device, as in effect from time to time, and to maintain, update, and upgrade your software and devices, including the payment of all internet access, software, and device fees without recourse to RB’s.
7. Submissions
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
False information
You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
User generated content
Please do not send us any material that you do not intend to be subject to the user-generated content license described in this paragraph. All content described in the immediately preceding paragraph and any other information, content, or materials that you post or send to us hereinafter collectively is referred to as “user-generated content.”
If you post or send any user-generated content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else.
Use of name
We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with user-generated content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us the following;
A perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform user-generated content, in whole or in part, by all means, and in all media now known or hereafter devised for any purposes without further notice to you and with or without attribution (the “user-generated content license“).
You agree to the user-generated content license whether your user-generated content is used by us, or not. You represent, warrant and agree that: you own or otherwise control all of the rights to all user-generated content that you post or send to us; that all such user-generated content is accurate; use of such user-generated content does not violate these terms and conditions, our privacy policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such user-generated content.
Our right
We have the right (but no obligation) to monitor, edit, or remove any activity or content involving you. We have no responsibility, and assume no liability, for any user-generated content posted or sent by you or by anyone else. You agree that user-generated content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any user-generated content and which are not exclusively owned by us, you agree not to enforce or assign or permit any third party to enforce or assign, any such rights.
Each time that you access the website, or post or submit user-generated content, you agree that the user-generated content license is ratified and confirmed concerning such user-generated content and all user-generated content previously posted or submitted by you.
8. Content linked to the website
You should be aware that when you visit the website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our marks as part of an affiliate relationship. When you click on a link that directs you away from the website, the site to which you are directed may not be controlled by us and different terms and conditions and privacy policies may apply which you should carefully read and evaluate.
You acknowledge that we are not responsible for examining or evaluating and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
9. Disclaimer of warranties
The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No warranty
We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.
Representations
Further, we make no representations or warranties regarding the use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third-party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
Responsibility for accuracy
Also, we explicitly disclaim any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the website or third-party information, content or materials contained on our website. Please taken note that we do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness, or reliability of, any of the information, content or materials contained on any third-party website.
Also, we do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
Waiver of claims
You hereby irrevocably and unconditionally waive any claims against us concerning information, content, and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content, and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information).
We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
Limitation of professional advice
The website and products/services contained thereon are not substitutes for the advice and treatment of an engineering professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith.
We make no representations or warranties and expressly disclaim any liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional roof structure advice, you should consult with an appropriately trained and qualified specialist, such as a licensed engineer. Never disregard the advice of a professional engineer, or delay in seeking such advice, because of the information offered or provided within or through the website.
Risk
You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for roofing products or services is entirely your responsibility and you should consult a professional engineer before undergoing any roof repairs, roof painting, waterproofing roofs, roof leaks repair, or any ceiling installations. You agree that you are voluntarily purchasing roofing products or services, participating in recommended activities, and using this website and assume all risks of damage to your property, injury, illness, or death.
An acknowledgement by you that you have carefully read this “waiver and release” and fully understand that it is a release of liability. The agreement by you to release and discharge all indemnified parties (as defined below) from any claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the foregoing disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “indemnified parties“), harmless from and against any loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the indemnified parties arising out of, in connection with or related to any breach or alleged breach by you of these terms and conditions.
You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
11. Limitation of liability
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages. This includes lost profits, personal injury including death or property damage of any kind or nature whatsoever that arise out of or result from:
- the use of, or any inability to use, the website or any content or functions thereof; or
- any act or omission, online or offline, of any user of the website or anyone else. This includes even if we have been advised of the possibility of such damages.
Our liability
In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorney’s fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or R100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance. Including the result, directly or indirectly, from any event of force majeure or other cause beyond our or their control. This includes, without limitation:
- acts of God,
- war,
- equipment and technical failures,
- electrical power failures or fluctuations,
- strikes,
- labour disputes,
- riots,
- civil disturbances,
- shortages of labour or materials,
- natural disasters,
- governmental actions,
- orders of domestic or foreign courts or tribunals,
- or non-performance of third parties.
Responsibility
Neither we nor any other indemnified party is responsible or liable for:
- any incompatibility between the website and any site, service, software, or hardware; or
- any delay or failure you may experience with any transmission or transaction related to the website.
The limitations, exclusions, and disclaimers herein and elsewhere apply to the maximum extent permitted by applicable law. Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability outlined in these terms and conditions. So, such exclusions, limitations, or disclaimers may not apply to you.
12. Copyright complaints
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, do the following. Follow our notice and procedure for making claims of copyright infringement below without omitting any detail.
13. Amendment
We reserve the right, in our sole discretion, to:
- change, modify, add to these terms and conditions,
- or delete portions of these terms and conditions at any time without notice.
It is your responsibility to review these terms and conditions for any changes on a frequent basis. Your use of the website following any change to these terms and conditions constitutes your acceptance of the revisions.
14. Termination
These Roof Buddies Terms and Conditions are effective until terminated by either you or us. You may terminate these Roof Buddies Terms and Conditions prospectively at any time. This can be done by:
- discontinuing your access to and use of the website, and
- destroying all materials obtained from the website and all related documentation and all copies and installations thereof. This includes whether made under these terms and conditions or otherwise.
If you terminate these Roof Buddies Terms and Conditions, you shall notify us. Notification should be by sending notice of such termination by certified South African mail, as well as email to: info@roofbuddies.co.za
Roof Buddies (Pty) Ltd.
547 Aldo Drive
Rietvlei View Country Estates
Pretoria East, South Africa, 0181
We may terminate these Roof Buddies Terms and Conditions in our sole discretion. This includes your access to and use of the website and without cause and notice to you. Upon termination, you must cease any access to or use of the website. You must destroy all materials obtained from the website and all related documentation and all copies and installations thereof. This includes whether made under these terms and conditions or otherwise.
We have adopted and implemented the following policy. A policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. The provisions of these Roof Buddies Terms and Conditions, which by their nature should survive the termination of these Roof Buddies Terms and Conditions, shall survive such termination.
15. Applicable law and disputes
These Roof Buddies Terms and Conditions, your rights and obligations, our rights and obligations, and all actions contemplated by these Roof Buddies Terms and Conditions, will be governed by the laws of South Africa and applicable international law, without regard to principles of conflicts of law and as if these Roof Buddies Terms and Conditions were a contract wholly entered into and wholly performed within the borders of South Africa. These Roof Buddies Terms and Conditions will not be governed by the united nations convention on contracts for the international sale of goods.
Any dispute relating in any way to your visit to the website or to products you purchase through the website shall be submitted to confidential binding arbitration in Pretoria, South Africa. The exception is to the extent you have in any manner violated or threatened to violate our intellectual property rights. In this case we may seek injunctive or other appropriate relief in any international court, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Roof Buddies Terms and Conditions shall be conducted under the rules then prevailing of jams/endispute streamlined arbitration rules and procedures in effect at the time of filing of the demand for arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Roof Buddies Terms and Conditions shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.
16. Electronic communications
When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. 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.
17. Miscellaneous legal provisions
We may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or features of the website at any time for any reason, without notice.
Confirmation of seize of relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us. This includes where it is deemed as a result of these terms and conditions or your use of the website. Nothing contained in these terms and conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us concerning such use.
Use of the Roof Buddies Terms and Conditions in legal proceedings
A printed version of these Roof Buddies Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Roof Buddies Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver of our rights
Our failure to enforce any provision of these Roof Buddies Terms and Conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Roof Buddies Terms and Conditions as to that breach or any other.
Invalid or unenforceable provisions
Please note that if any provision of these Terms and Conditions are invalid or unenforceable, the following is in force. All remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Roof Buddies Terms and Conditions constitute the entire agreement between you and us. It relates to the website and supersedes any prior or contemporaneous agreement regarding that subject matter.
Updated 29 December 2023
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, do the following. Provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Full description of the copyrighted work that you claim has been infringed.
- The description of where the material that you claim is infringing is located on the website.
- Your address, telephone number, and e-mail address.
- Your statement that you believe that the disputed use is not authorized. Authorization includes the copyright owner, its agent, or the law.
- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate. This should include that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The RB’s admin manager for notice of claims of copyright infringement on the website can be reached as follows:
Roof Buddies (Pty) Ltd.
Attn: Admin Manager
547 Aldo Drive
Rietvlei View Country Estates
Pretoria East, South Africa, 0181
This Roof Buddies Terms And Conditions should be read in conjunction with:
- our Roof Buddies Cookies Policy as well as
- the Roof Buddies Privacy Policy.
Also visit our YouTube channel or Facebook page