AFRICA

Terms And Conditions For
Fuel Doctors africa and https://fueldoctors.co.za

NOTE: THIS DOCUMENT WILL ALWAYS BE REVIEWED AND UPDATED ON THE FIRST DAY OF JANUARY AND THE FIRST DAY OF JUNE EACH YEAR. 

Introduction

These Website Terms and Conditions on this webpage will manage your use of our website, Fuel Doctors Africa, accessible at https://fueldoctors.co.za (hereafter referred to as either The Website or this Website), and the use of services made available by Fuel Doctors Africa. Fuel Doctors Africa is a department of Kapp Group Pty (Ltd)

These Terms and Conditions outline the rules and regulations that will be applied fully and affect to your use of The Website. By using The Website, you agreed to accept, comply with and be bound by all terms and conditions written in here. These Terms and Conditions together with our Privacy Policy govern Kapp Group’s relationship with you in relation to this website. You must not use The Website if you disagree with any of these Website Standard Terms and Conditions.

Fuel Doctors Africa is a department of Kapp Group (Pty) Ltd, which is located at:
66 Charcot Street
Bloemfontein
Free State – 9301
South Africa

Kapp Group registration details:
Registered name: Kapp Group (Pty) Ltd
Registration number: 2017/377630/07

The following terminology applies to these Terms and Conditions, and Privacy Statement and any or all Agreements:

“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Kapp Group (Pty) Ltd.
“This Website” or “The Website” refers to the website located at the domain https://fueldoctors.co.za
“Party” or “Parties” refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of South Africa. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Intellectual Property Rights
Other than the content you own, under these Terms, Kapp Group (Pty) Ltd and/or its licensors own all the intellectual property rights and materials contained in this Website.

You may view and/or print pages from https://fueldoctors.co.za for your own personal use subject to restrictions set in these terms and conditions.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions
You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• reproduce, duplicate or copy material from https://fueldoctors.co.za;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Kapp Group (Pty) Ltd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Kapp Group (Pty) Ltd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Kapp Group (Pty) Ltd reserves the right to remove any of Your Content from this Website at any time without notice.

User Comments
This Agreement shall begin on the date hereof.

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Reviews’) in areas of the website. Kapp Group (Pty) Ltd is not liable for the screening, editing, publishing or reviewing of Reviews prior to their appearance on the website and Reviews do not reflect the views or opinions of Kapp Group (Pty) Ltd, its agents or affiliates. Reviews reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Kapp Group shall not be responsible or liable for the Reviews or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Reviews on this website.

Kapp Group reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Reviews on our website and have all necessary licenses and consents to do so;
The Reviews do not infringe on any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Reviews do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
The Reviews will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Kapp Group a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Reviews in any and all forms, formats or media.

Hyperlinking to our content
The following organizations may link to this Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to this Website in the same manner as they hyperlink to the websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If, according to the terms and conditions in this document, you are permitted to create a hyperlink to any part of this Website and are interested in linking to our website, you must notify us by sending an e-mail to web@legacy.live. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on this Website to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of this Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Fuel Doctors Africa or Kapp Group logos or other artwork will be allowed for linking absent a trademark license agreement.

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to this Website, you agree to be bound to and abide by these linking terms and conditions.

In addition to all rights reserved in this document, Kapp Group reserves the rights for the following at its sole discretion:

Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Kapp Group or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Kapp Group determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Removal of links from our website
If you find any external link on our Web site or any externally linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you..

Your Privacy
Kapp Group shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. Please read our Privacy Policy for more information.

No Warranties
Unless otherwise specified, the Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Also, nothing contained on this Website shall be interpreted as advising you. Kapp Group is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Kapp Group.

In no event will Kapp Group be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Kapp Group, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall Kapp Group be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Limitation of liability
In no event shall Kapp Group, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Kapp Group , including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification
You hereby indemnify to the fullest extent Kapp Group, its affiliates, sponsors, partners, directors, officers and employees as harmless from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms; and to reimburse Kapp Group with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Severability
If any part of this Agreement is found to be invalid under any applicable law, such part will ineffective to the extent of such invalid part only, without affecting the remaining parts of this Agreement in any way.

Variation of Terms
Legacy Live (Pty) Ltd and/or Kapp Group (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice, and by using this Website you are expected to review these Terms on a regular basis.

Assignment
The Kapp Group is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement
These Terms constitute the entire agreement between Kapp Group (Pty) Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the state of South Africa, and you submit to the non-exclusive jurisdiction of the state and federal courts located in South Africa for the resolution of any disputes.

You may be subject to other local, provincial or state and national laws. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Cookies
We employ the use of cookies. By using Kapp Group’s website you consent to the use of cookies in accordance with Fuel Doctors Africa’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Additional terms this website is subject to:

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
We expressly deny any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described either on this Website or in client contractual agreements between the client and Kapp Group.
We reserve the right to reject applications for job vacancies at our own discretion without further notification or explanation.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Age of Majority
Kapp Group does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Detailed description of goods and/or services
FuelDoctors.co.za is in the mechanical maintenance industry and offers Users the ability to purchase, and have delivered, the fueldoctor conditioner product.

Services are provided on the basis of facility and equipment availability. Kapp Group reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Details regarding your account can be found in your account profile.

Prices are subject to change by a similar margin as pricing changes made by third party suppliers and may be changed accordingly without notice.

Our services may, at the sole discretion of Kapp Group include the use of third party services if they are considered by Kapp Group as (a) safe to use (b) reliable in performing services as described.

Delivery Policy
Subject to availability and receipt of payment, requests will be processed within 5 working days and delivery confirmed by way of email. Such confirmation will include a tracking number and where to use this tracking number. All associated delivery costs will be included in the total payment requested on this Website at the end of the checkout process. 

The offering on this website is available to clients from SADC countries of Africa only: Angola, Botswana, Comoros, Democratic Republic of the Congo, Eswatini (Swaziland), Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia, Zimbabwe. 

We indemnify ourselves from any losses incurred during the delivery process as well as any losses incurred as a result of the User entering his/her incorrect address information.  

Termination / Plan Change / Return / Refund Policy

account termination/ plan changes. 
Kapp Group may terminate your Service under the following circumstances (non-exclusive list):
– Non-payment of fees
– You are in breach of any term or condition of this Agreement
– Your use of the Service disrupts Kapp Group’s business operations.

All Subscriber data is removed from Kapp Group servers for such terminations.

You may request account termination or subscription plan changes at any time by contacting our Customer Service team by phone, email, WhatsApp or case ticket. Our contact information can be found on the Contacts page of our website.

Cancellation. When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account. Delivered orders can be cancelled prior to their transference to the delivery company. Orders that will be collected from Kapp Group directly can be cancelled within 72 hours of processing the order. All order cancellations will attract a 5% administration fee.

Refunds. The provision of goods and services by Kapp Group is subject to availability. In cases of unavailability, Kapp Group will refund the client in full within 30 days.

Refunds will not be given for services that are billed annually or for one-time service fees. You are eligible for a refund on purchases under the following circumstances:
– If you cancel your purchase before it is shipped.
– If you cancel your subscription account within 45 days of its renewal.

Only one refund may be issued for each invoice. Kapp Group reserves the right to grant or deny any refund requests.

Kapp Group does not take responsibility for damaged goods. The product you receive may have a different packaging to the image on this website and you may receive a different number of containers than ordered. It is the client’s responsibility to check that the total volume of the product contents is the same as that which was ordered. If it is less than the amount ordered, Kapp Group will refund you to the value of the outstanding quantity, if it is more than the amount ordered you may keep the extra product at no additional cost.

Entire Agreement
This Agreement, as may be updated from time to time and posted at https://fueldoctors.co.za/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

Service Fees / Payments / Invoices
Card acquiring and security: Card transactions will be acquired for Kapp Group via PayGate (Pty) Ltd who are the approved payment gateway for all South African. Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details: Customer details will be stored by Kapp Group separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za. 

Responsibility: Kapp Group takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Merchant Outlet country and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. All Kapp Group’s fees and charges are quoted and billed in South African Rands unless otherwise noted. Members may have the option to pay services fees in any other currency. The exchange rate used (“Exchange Rate”) is subject to change from time to time and Kapp Group does not accept liability for the consequences of these fluctuations. All quotations and invoices will include the South African Rand (ZAR) amounts and are exclusively used as valid indications of amounts payable and true records of amounts paid.

All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, Kapp Group may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

Kapp Group may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Quotations and Invoices for all Kapp Group services can be found by logging into your account profile page.

Billing inquiries and disputes should be brought to Kapp Group’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.

Kapp Group reserves the right to modify service fees and rates, effective upon posting on the FuelDoctors website or on this Agreement.

Payment Options Accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Kapp Group bank account, the details of which will be provided on request.

Definition of “No Transaction Fees”
Kapp Group does not charge you any fees relating to the processing of transactions under your account (“Transaction Fees”). However, your selected payment processor, such as PayPal, PayGate or Stripe, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.

Subscriber Responsibility

When you apply to use Kapp Group’s services, you will be asked to select a Subscriber ID and Password. The Subscriber ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Subscriber ID and Password you select from any unauthorized use. IN NO EVENT WILL KAPP GROUP BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR SUBSCRIBER ID OR PASSWORD.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

Prohibited Conduct
The following is a non-exclusive list of content, and behavior prohibited by the Service:

Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Kapp Group service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).

Notices
You agree that, unless other instructions are posted on the Fueldoctors.co.za website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Fuel Doctors Africa posted on the Kapp Group website. Email and fax notices shall be effective upon transmission.

Force Majeure
Kapp Group will not be liable for any delay, interruption or failure in the provisioning of services if caused by an act attributable to nature without human interference, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Waiver
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Country of domicile
This website is governed by the laws of South Africa and Kapp Group chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 66 Charcot Street, Bloemfontein 9301, South Africa.

Contacting Us
This website is run by Legacy Live Web (Pty) Ltd based in South Africa trading as Legacy Live and with registration number 2019/034831/07 and Ryan Mayne (Director).

Legacy Live contact details:
https://new.legacy.Live
Villa Rochelle, Werda Crescent
Bloemfontein, Free State 9301
South Africa
web@legacy.live
+27714267016

Copyright © 2020 Fuel Doctors Africa.

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