Privacy Policy

PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy [CLICK HERE]/posted on the Site. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted in The
Republic of South Africa.
If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing

personal data collection, use, or disclosure that differ from
applicable laws in The Republic of South Africa, then through your
continued use of the Site, you are transferring your data to The
Republic of South Africa, and you expressly consent to have your
data transferred to and processed in The Republic of South Africa.
[Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. Therefore, in
accordance with the SOUTH AFRICA. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the
requisite and verifiable parental consent, we will delete that
information from the Site as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided
below (a “Notification”).
A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised
that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting an
attorney.
All Notifications should meet the requirements of DMCA 17 SOUTH
AFRICA.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(2) identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on the Site are covered
by the Notification, a representative list of such works on the Site;

(3) identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be
contacted;
(5) a statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed
from the Site as a result of a mistake or misidentification, you may
submit a written counter notification to [us/our Designated Copyright
Agent] using the contact information provided below (a “Counter
Notification”).
To be an effective Counter Notification under the DMCA, your
Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled
and the location at which the material appeared before it was
removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal
District Court in which your address is located, or if your address is
outside The Republic of South Africa, for any judicial district in
which we are located;
(3) a statement that you will accept service of process from the
party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith
belief that the material in question was removed or disabled as a
result of a mistake or misidentification of the material to be removed
or disabled;

(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or
disabled material, unless we first receive notice from the party filing
the Notification informing us that such party has filed a court action
to restrain you from engaging in infringing activity related to the
material in question.
Please note that if you materially misrepresent that the disabled or
removed content was removed by mistake or misidentification, you
may be liable for damages, including costs and attorney’s fees.
Filing a false Counter Notification constitutes perjury.

COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification.
Please be advised that pursuant to federal law you may be held
liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or
linked to by the Site infringes your copyright, you should consider
first contacting an attorney.]

TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY

TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE [YOUR ACCOUNT AND] ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time.
We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or
for any reason without notice to you.
You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the Site. Nothing
in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or
releases in connection therewith.

GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of [name of

state] applicable to agreements made and to be entirely performed
within the State/Commonwealth of [name of state], without regard
to its conflict of law principles.

DISPUTE RESOLUTION
Option 1: Any legal action of whatever nature brought by either you
or us (collectively, the “Parties” and individually, a “Party”) shall be
commenced or prosecuted in the state and federal courts located in
South Africa and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in such state and federal
courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Terms of Use. In
no event shall any claim, action, or proceeding brought by either
Party related in any way to the Site be commenced more than 2
years after the cause of action arose.

Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each a
“Dispute” and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least 3 days
before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.

Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS

PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration
Association (“AAA”) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA
Consumer Rules”), both of which are available at the AAA website
www.adr.org.
Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. [If such costs are
determined to by the arbitrator to be excessive, we will pay all
arbitration fees and expenses.
The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so.
Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in South AfricaCounty.
Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or
to confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in South Africa and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale
of Goods and the the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site be commenced more than 2 years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within

that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute,
controversy or claim related to these Terms of Use (each a
“Dispute” and collectively, “Disputes”), any Dispute brought by
either you or us (individually, a “Party” and collectively, the “Parties”)
shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA
Consumer Rules”), both of which are available at the AAA website
www.adr.org.
Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. [If such costs are
determined to by the arbitrator to be excessive, we will pay all
arbitration fees and expenses.
The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so.
Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in South Africa. Except
as otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.

If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts located in South Africa and the Parties
hereby consent to, and waive all defenses of lack of, personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site or Services be commenced more than 2 years after
the cause of action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.

Option 2/Option 3: Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.

Option 2/Option 3: Exceptions to [Informal
Negotiations and] Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning [informal negotiations and] binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a

Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. [NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE
LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE FIRSTB MONTH PERIOD PRIOR TO ANY CAUSE

OF ACTION ARISING [OR] CERTAIN COUNTRY LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) [your
Contributions]; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in
these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you
connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.

USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using
the Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of

action against us arising from any such loss or corruption of such
data.

ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction

which require an original signature or delivery or retention of non-
electronic records, or to payments or the granting of credits by any

means other than electronic means.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use

and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of
these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us
by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.

CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us at:
Company Name: Inverter Experts
Company 472 Spionkop Avenue, South Africa
Phone Number: 011 442 9907
Email: info@inverterexperts.co.za

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