Terms & Conditions

Track Fleet welcomes you to our online store! The goal of the online store, including each web page of which it is composed (The Website), is to provide access to our wide selection of products. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use.


1. WEBSITE TERMS OF USE


Track Fleet provides the information, services and opportunity to purchase Track Fleet Products offered to you via this Website (the “Services”) subject to these Terms of Use. By accessing the Website or using any of the Services you are deemed to have agreed to these Terms of Use. Track Fleet may at any time modify these Terms of Use and your continued access of the Website or use of the Services will be subject to the Terms of Use in force at the time of your use or access. Accordingly you agree to review these Terms of Use periodically, and your continued access of the Website or use of the Services shall be deemed to be your acceptance of the amended Terms of Use.


2. DISCLAIMER


Track Fleet shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to:


• Your use of or reliance on any information provided on or via the Website;

• Any e-mails sent from the Website;

• Services provided via this Website;

• Any viruses that may infect your computer or other property on account of your access to or use of this Website;

• Use of content, data or information made available via the Website;

• Any failure, delay or unavailability of the Website or any Services offered via the site for any reason whatever;

• The supply, or failure or delay in supplying any of the Services offered via the Website; and

• The breach of any of these terms of Use by you.


You indemnify Track Fleet, its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.


3. CONTENT OF THE WEBSITE


Whilst every effort is made to update the information provided on the Website on a regular basis, Track Fleet makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. Track Fleet reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. Track Fleet gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.


4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS


This Website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this Website are owned by Track Fleet, an unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “Trademarks”) that pertain to Track Fleet displayed on this Website are registered and unregistered Trademarks of Track Fleet, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of Track Fleet. Other trademarks, names, logos and service marks used are the property of their respective owners.


5. EXTERNAL LINKS


External links may be provided for your convenience, but they are beyond the control of Track Fleet and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use.


6. CHILDREN


If your are under 18 years of age, you may use the Services offered via this Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use the Services offered via this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of the Services. You agree to supervise all usage by minors of this Website under your name of account.


7. VERIFICATION


7.1 You acknowledge and agree that Track Fleet shall be entitled to verify the identity of any person placing an order via this Website for any Track Fleet Products. Track Fleet will not be bound to carry out any order until it has verified the identity of the person lacing the order.

7.2 You acknowledge and agree that Track Fleet shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet that purports to emanate form you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to Track Fleet by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Track Fleet and you will be bound by such details with no liability of whatever nature attaching to Track Fleet.

7.3 You waive any rights you may have or obtain against Track Fleet arising directly or indirectly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Track Fleet acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify Track Fleet against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Track Fleet has acted on your instructions or instructions which purport to emanate from you.


8. SYSTEM AVAILABILITY


Track Fleet strives to give 24- hour-a-day service every day of the year. Track Fleet does not warrant, however, that the Website will be available each and every time you attempt to access it or use the Services. Track Fleet reserves the right to suspend the operation of the Website.


9. WARRANTIES


9.1 You hereby warrant that every instruction and all information given by you to Track Fleet shall be accurate, true and complete.

9.2 You understand that, except for the 100% Satisfaction Guarantee discussed in paragraph 13.9 below, Track Fleet makes no warranties, representations, statements (whether express, implied in law or residual) regarding the Website, any Services provided via this Website or the suitability of any of the Services for a particular purpose. As Track Fleet provides certain Services to you via the Internet, Track Fleet makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom you or Track Fleet rely to provide any of the Services.


10. USE OF THE WEBSITE


10.1.1 You agree to be financial responsible for your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years).

10.1.2 Any conduct by you that in Track Fleet sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. Your agree to use this Website in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts.


11. SUBMISSIONS BY YOU TO Track Fleet


Track Fleet is not responsible for your submissions or responses to Track Fleet. Any product concepts or ideas submitted by you to Track Fleet will be considered the property of Track Fleet. Track Fleet will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products.


12. TERMS APPLYING WHEN YOU PURCHASE Track Fleet PRODUCTS VIA THIS WEBSITE


12.1.1 When you choose to purchase any Track Fleet Products via this Website, the terms set out in this paragraph 12 will also apply to your purchase in addition to the other Terms of Use appearing on this web page.


12.2 By entering the your personal details on this Website, you are deemed to be bound by these Terms of Use, including this paragraph 12. You may not purchase any Track Fleet Products via the Website should you not wish to be bound by these Terms of Use and this paragraph 12.


12.3.1 Track Fleet makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to any Track Fleet Products, [including but not limited to the implied warranties of merchantability or fitness for a particular purpose.] [1]


12.3.2 While Track Fleet makes every effort to ensure the accuracy of the content of the Website, Track Fleet makes no warranties, representations, statements or guarantees, whether express, residual or implied, as to the accuracy, completeness, timeliness, reliability, content or availability of any information on the Website.


12.3.3 Track Fleet shall not be liable, under any circumstances, for any loss, liability, expense or damage, (whether direct, special, indirect, incidental or consequential) arising in connection with the purchase, use or supply of Sale Products or any other Track Fleet Products or the use or reliance upon any information published on the Website.


12.4 Track Fleet Products that you purchase and that Track Fleet sells to you are those you have chosen by clicking on the link ’Add to Basket’ and are then listed in the Shopping Basket (the ‘Items”).


12.5 The purchase price for the Items is the amount, in South African Rands or USD, indicated under the heading ‘Total’ in the Shopping Basket (the Purchase Price). A transaction is only confirmed and the price only agreed to by Track Fleet once the order has been updated to the "Shipped" or "Awaiting Collection" status. E&OE. Prices are valid only while stocks last, either with Track Fleet or with our supplier.


12.6 Payment of Purchase Price


12.6.1 You may choose to pay the Purchase Price through one of the following methods:


12.6.1.1 Credit card via PayFast


12.6.1.2 Direct deposit,


12.6.1.3 Bank transfer


12.6.1.4 PayPal


12.6.2 Whichever payment method you choose, payment of the Purchase Price must be made. Track Fleet reserves the right not to release the Items until it has received full payment of the Purchase Price.


12.7 Delivery of the Items


12.7.1 Track Fleet will deliver the Items to the destination you have specified as Recipient Details provided such destination is within South Africa, or upon request in any country at a rate calculated at the time.


12.7.3 While Track Fleet will make every reasonable effort to ensure that the Items reach your specified destination on time, Track Fleet cannot and does not warrant or represent that delivery will occur within the time requested or the times indicated on the delivery times table.


12.8 Products not listed on the Website


These Terms of Use govern the sale via the Website of Track Fleet Products listed on the Website. Should the Track Fleet Products listed on the Website not suit your needs, please contact Track Fleet on parts@bundupower.co.za and Track Fleet will be glad to consider your order.


12.9 Credit Approval


Please note that Track Fleet reserves the right to perform any credit-worthiness checks on you, should it choose to do so. Track Fleet decides that you do not have sufficient credit-worthiness, Track Fleet may require full or partial payment of the Purchase Price or other assurance from you before the Items are ordered or dispatched.


12.10 Indemnity


You indemnify Track Fleet, its officers, members, employees, successors and assigns from any liability, loss or damage (whether direct, special, indirect, incidental or consequential) resulting from any claim, complaint, dispute, proceeding or cause of action against any of them related to the Items or any other Products, including without limitation their purchase, delivery, late delivery, non-delivery, or use.


12.11 Payment Default


Should you not fully pay the Purchase Price for the Items you will be liable for all collection costs incurred by Track Fleet, including, but not limited to, all reasonable attorney and collection agency fees.


12.12 Authority


12.12.1 By entering your details or details that purport to be yours and clicking to submit those details, you represent that you have the required authority to enter into and accept these Terms of Use, including paragraph 12.


12.12.2 If you are under 18 years of age, you may purchase Track Fleet Products only with the supervision of your parent or guardian. If you represent that you are of a sufficient age to legally purchase Track Fleet Products via the Website you will be bound by any legal obligations that you may incur as a result. You agree to supervise all purchases under your name or account via the Website made by minors.


13. SOLE RECORD


These Terms of Use are the sole record of the agreement between you and Track Fleet and contain all of the provisions governing the relationship between you and Track Fleet, in relation to the purchase by you of the Items, access of the Website or use of Services via the Website.


14. GENERAL


14.1 Any waiver of rights by you or Track Fleet in terms of these Terms of Use must be in writing to be effective. No failure or delay on the part of Track Fleet in exercising any right or remedy under these Terms of Use will operate as a waiver of that right or remedy.


14.2 These Terms of Use do not constitute an agreement of employment, partnership, joint venture or agency between Track Fleet and you. Neither you nor Track Fleet has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.


14.3 You may not cede or delegate any rights or obligations in terms of these Terms of Use without the prior written consent of Track Fleet.


14.4 Any amendment to these Terms of Use must be in writing signed by both you and Track Fleet.


14.5 Any notice given by either you or Track Fleet in terms of these Terms of Use must by in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Track Fleet must be sent to info@trackfleet.co.za . You and Track Fleet may change address or facsimile number for purposes of these Terms of Use by giving the other written notice of its new address or facsimile number.


14.6 If any provision of these Terms of Use is or at any time becomes invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these terms of Use and the other provisions of these terms of Use shall continue to be of full force and effect.


14.7 Should any dispute or proceedings arise in connection with any matter related to these Terms of Use, any Services offered via this Website or the Sale Products, you and Track Fleet consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and Track Fleet shall have the right to institute proceedings in any other competent court.


15. GOVERNING LAW


These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws.