1. Introduction

  1. The Website provides a platform for the purchase of various drones and solar solutions (“Goods”).
  2. These Terms and Conditions hold a binding and enforceable nature over every individual who accesses or utilizes this Website, including but not limited to any user who completes the registration process outlined below (“registered user”). By accessing or utilizing the Website, and by clicking the “Register Now” button (or placing an order via email) on the Website where appropriate, you admit to having read and accepted the terms and conditions outlined herein.
  3. The present “Website Terms and Conditions” establish regulations for the ordering, selling, and delivery of Goods, as well as the use of the Website.
  4. The Website can be found at www.metdrones.co.za, related mobile sites, and software applications (the “Website”), and is the property of Metdrones (Pty) Ltd and operated by them.
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2. Important Notice

    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).  These Terms and Conditions are applicable to users who are deemed consumers according to the definition stipulated in the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions include provisions that are presented in similar text and style to this clause, which may:
      1. Pose a risk or liability for the user, and/or
      2. Require the user to indemnify Metdrones or a third party, and/or
      3. serves as an acknowledgement, by the user, of a fact.
    3. It is advised that you pay close attention to these Terms and Conditions as they are significant and should be thoroughly reviewed.
    4. If there is any clause in these Terms and Conditions that you do not comprehend, it is your responsibility to contact info@metdrones.co.za and request an explanation prior to accepting the Terms and Conditions or continuing to use the Website.
    5. It is not the intention of these Terms and Conditions, nor should they be interpreted, to unlawfully restrict, limit or avoid any rights or obligations created for either you or Metdrones in accordance with the Consumer Protection Act (the “CPA”).

3. Registration and Use of the Website (Not in effect at the moment)

    1. Only customers who have registered and created an account may place orders for Goods on the Website
    2. To become a registered customer, you must provide Metdrones with specific personal details and information and create a unique username and password. Your username and password will be necessary to access the Website and order Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. To ensure security, you agree to provide the correct username and password whenever ordering Goods. If you fail to do so, access will be denied.
    5. Once the correct username and password related to your account have been entered, you agree that you will be held responsible for payment of any orders, regardless of whether the use of the username and password was unauthorized or fraudulent. The only exception to this is if you cancel the order in accordance with these Terms and Conditions.
    6. You agree to inform Metdrones immediately upon becoming aware or reasonably suspecting any unauthorized access or use of your username and password. You also agree to take appropriate measures to reduce any resulting loss or harm.
    7. By using the Website, you guarantee that you are 18 years of age or older and that you have the legal capacity to enter into a binding agreement. If you are under 18 years old or are not legally permitted to enter into a binding agreement, you may only use the Website with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and provides their consent, they will be bound by these Terms and Conditions and will be liable and responsible for your actions and obligations under these Terms and Conditions.
    8. You are prohibited from using the Website to disseminate any material that is defamatory, offensive, contains hate speech, or is otherwise illegal.

4. Conclusion of Sales and availability of Stock

    1. Users have the option to place orders for Goods through the Website. Metdrones reserves the right to accept or decline any such orders. The fulfilment of orders is subject to the availability of stock.
    2. Please note that Metdrones will confirm the acceptance of your order after receiving payment.
    3. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Metdrones, Metdrones will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Metdrones will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

5. Delivery of Goods

    1. Metdrones offers 1 method of delivery of Goods to you i.e. Delivery
    2. Where it accepts your order, Metdrones will make every reasonable effort to deliver the Goods to you within a reasonable time, which may vary depending on your location and the availability of stock. If for any reason Metdrones is unable to deliver the Goods during the Delivery Period, it will notify you and you may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel your order for the Goods. If you elect to cancel your order, Metdrones will reimburse you for the purchase price.

Metdrones’ duty to deliver a product to you is considered complete once the product has been delivered to your specified business address. Subsequently, Metdrones cannot be held liable for any losses or unauthorized usage of the product that may occur after it has been delivered to your business address.

6. Errors

Metdrones will make every effort to ensure that the description, availability, purchase price, and delivery charges of Goods on the Website are accurate. However, we will not be held liable for any loss, claim, or expense resulting from errors on the Website, except in cases of gross negligence. In the event of any errors in the purchase price, we will refund the amount already paid. Our Returns Policy outlines our liability in other circumstances.

7. Changes to these Terms and Conditions

    1. We reserve the right to modify these Terms and Conditions at any time at our sole discretion. It is your responsibility to review these Terms and Conditions regularly to ensure that you are aware of any changes. If you are dissatisfied with any modifications, your only recourse is to discontinue using the Website or placing any further orders on it.
    2. Metdrones may, at its sole discretion, modify or revise these Terms and Conditions at any time without prior notice. Your continued use of the Website following any such changes constitutes your acceptance of the revised Terms and Conditions. It is your responsibility to review the Terms and Conditions periodically and ensure that you are aware of any modifications made. If you do not agree with the revised Terms and Conditions, you must refrain from using the Website. Any changes made to the Terms and Conditions will only apply to your use of the Website after the revised Terms and Conditions have been posted on the Website.

8. Ownership and Copyright

    1. The Website Content, including any icons, trade names, trade-marks, logos, and designs, is protected by applicable law, including but not limited to copyright and trade mark law. This Website Content is the property of Metdrones, its sponsors, and/or advertisers, or is licensed to Metdrones. You may not use the Website Content except as expressly authorized by Metdrones or the applicable licensor.
    2. You acknowledge and agree that the Website and its Content are protected by intellectual property rights and are owned by Metdrones, its advertisers and/or sponsors, or licensed to Metdrones. You acknowledge that you have no ownership or other rights in the Website or the Website Content, and you agree not to challenge Metdrones’ ownership or rights in the Website or the Website Content.

9. Disclaimer

    1. You agree that the use of the Website is at your own risk and that you assume full responsibility for any loss or damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or related to your use or inability to use the Website or reliance on any information provided on the Website.
    2. Whilst Metdrones takes reasonable measures to ensure that the content of the Website is accurate and complete, Metdrones makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness, or reliability of any information on the Website.  If any representations or warranties are made by Metdrones’ representatives, Metdrones shall not be bound thereby.
    3. Metdrones shall not be liable for any direct, indirect, or consequential damages, losses, or expenses arising out of or in connection with your access to or use of the Website or any content therein, unless such liability is imposed by applicable law.
    4. In addition to the foregoing disclaimers set out in these Terms and Conditions, Metdrones specifically denies and disclaims all warranties and representations, whether express or implied, that any information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You acknowledge and accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Metdrones, its employees, agents or authorised representatives. Accordingly, Metdrones disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website

10. Limitation of Liability

    1. Metdrones shall not be held responsible for any inaccuracies or errors in the information published on the Website or any incorrect pricing displayed on the Website, except in cases where such liability arises due to gross negligence or wilful misconduct on the part of Metdrones, its employees, agents, or authorized representatives. You are advised to report any potential malfunctions or errors by contacting Metdrones using the contact information provided on the Website’s contact page.

11. Availability and Termination

    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Metdrones may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Metdrones will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. Metdrones is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, refuse to accept or process an order, and/or to cancel any order concluded between you and Metdrones, in whole or in part, on notice to you.
    4. At any time, you can choose to stop using the Website, with or without notice to Metdrones.

12. Governing law and jurisdiction 

    1. These Terms and Conditions and any disputes or claims arising out of or in connection with them or their subject matter, including non-contractual disputes or claims, shall be governed by and construed with the laws of the Republic of South Africa,
    2. Any dispute, controversy, or claim arising out of  or in connection with these Terms and Conditions or the breach, termination, or invalidity thereof shall be settled by arbitration in accordance with the rule of the Arbitration Foundation of South Africa (AFSA).  The arbitration shall be conducted in Johannesburg in English by a single arbitrator appointed by AFSA.  The arbitrator’s award shall be final and binding on the parties and may be made an order of the court.
    3. Notwithstanding the above, either party shall be entitled to institute any legal proceedings arising out of or in connection with these Terms and Conditions in any court of competent jurisdiction.

 

13. Governing law and jurisdiction The terms and conditions that you are currently reading are supplementary to the General terms and conditions and standard warranty and returns policies that you agreed to when you opened your account or placed an order with Metdrones. All of these terms and conditions work together to govern your use of the website and your relationship with Metdrones. In the event of any conflict between these terms and conditions and the General terms and conditions and standard warranty and returns policies, the latter will prevail.