Terms of service

WEBSITE TERMS AND CONDITIONS

Between:

Reclamation Manufacturing & Equipment (Pty) Ltd trading as Earth Again ("Earth Again") and you (the "User").

WHEN YOU ACCESS, BROWSE OR USE OUR WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU MUST IMMEDIATELY STOP ACCESSING OUR WEBSITE

IMPORTANT NOTICE.
These terms and conditions of use regulate access to and use of this website. Please note that these terms and conditions are valid, binding and enforceable against all persons that access and/or use Earth Again website, web pages or any part hereof. The User is automatically bound by these terms and conditions by virtue of accessing this website. OUR TERMS AND CONDITIONS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS AND CONDITIONS HAVE BEEN SET OUT IN CAPITAL LETTERS. The User should pay particular attention to these terms and conditions since they limit the User's ability to recover losses which the User may incur in connection with the use of this website. If the User is not yet 18, the User must obtain his/her parents' or legal guardians' prior authorization, permission and consent to be bound by these terms and conditions of use prior to accessing our website, using any of the services on our web site or participating in any of the activities offered. If the User is under 18 and fails to obtain such consent, the User may not access our website, use the services or participate in the activities available via our website.

  • 1. GENERAL. Earth Again is compost solutions company which conducts business within the Republic of South Africa. Further information regarding the business conducted by Earth Again is to be found on Earth Again's home page www.earthagain.co.za .
  • 2. OWNERSHIP. This website, the content hereof and the online services are the property of, and all proprietary rights therein, vest in Earth Again, alternatively are licensed to Earth Again. The User acknowledges that ownership of all intellectual property rights, including the trade marks indicated on the website (whether registered or not), vest in Earth Again or its licensors, and that it is not authorized to use, amend or exploit any of the intellectual property rights, including the trade marks in any manner whatsoever, without the prior written consent of Earth Again. The User furthermore acknowledges that the information and documentation contained in this website is the proprietary information and copyrighted material of Earth Again or is licensed to Earth Again and that no party is entitled to use or exploit in any manner whatsoever, any of the proprietary information or copyrighted material of Earth Again without the prior written consent of Earth Again. The User shall not, other than for his personal and non-commercial use
    • (a) store on his computer, or print copies of extracts from this website;
    • (b) mirror or cache information provided via this website on his own server or other computer or other storage facility of whatsoever nature; or
    • (c) copy, adapt, modify or re-use the text or graphics from this website, without the prior written consent of Earth Again.
  • 3. NO IMPROPER USE OR UNLAWFUL CONDUCT The User hereby agrees not to use this website and services for any purpose that is unlawful, improper or prohibited by these terms and conditions. Improper actions include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the Republic of South Africa and/or foreign territories in which the User resides or conducts business; activities designed to encourage unlawful behavior by others; the invasion of the privacy of a third party; racially, ethnically, or otherwise objectionable behavior; and activities designed to impersonate the identity of a third party. Should the User commit an improper action and/or breach these terms and conditions, Earth Again reserves the right to recover damages from such action and further claim any costs in recovering these damages, on the attorney-client scale.
  • 4. USE OF SERVICES. The User agrees that it will only use this website, the information contained herein and the online services in respect of the specific purposes for which it is created. In using the website, information or online services, the User will not:
    • (a) disrupt or interfere with any other user's enjoyment of such services or materials or any affiliated or linked sites;
    • (b) upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files;
    • (c) create a false identity;
    • (d) use or attempt to use another's account, password, service or system without authorization from Earth Again;
    • (e) access or attempt to access any service or content which the User is not authorized to access;
    • (f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;
    • (g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
    • (h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
    • (i) publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information;
    • (j) upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same;
    • (k) advertise or offer to sell or buy any goods or services for any purpose;
    • (l) violate any laws or regulations of the Republic of South Africa or any other country applicable.
  • 5. LIMITATION OF LIABILITY. THE USE OF THIS WEBSITE AND ONLINE SERVICES IS AT THE USER'S OWN RISK. IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL EARTH AGAIN, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, VIRUSES, WORMS, SPAM, WHETHER OR NOT EARTH AGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES, MATERIALS OR INFORMATION, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES, MATERIALS OR INFORMATION OR ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES OR WEBSITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
  • 6. INDEMNITY. The User hereby indemnifies and holds Earth Again, and its subsidiaries, affiliates, officers, agents, partners, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
    • (a) the User's use of the website and online services;
    • (b) the User's violation of these terms and conditions; or
    • (c) the User's violation of any law, rule or regulation or the rights of any other person or entity.
  • 7. ONLINE REGISTRATION. Registration on this website will be required in order to place an order for any products offered by Earth Again. To register online, the User will be required to provide certain information, including personal information to Earth Again. This personal information will be treated in accordance with our Privacy Policy.
  • 8. LIMITED OR RESTRICTED ACCESS. Access to certain areas of this website is restricted. Earth Again reserves the right at its absolute and sole discretion to restrict access to any area of the website, or even the whole website. The User is responsible to maintain the confidentiality of his / her password and account information, and is responsible for all activities that occur under his / her password or account. The User agrees to immediately notify Earth Again of any unauthorized use of his / her password or account, or any other breach of security. Earth Again may disable the User's password and account at any time in its sole discretion with or without notice or explanation.
  • 9. THIRD PARTY SITES AND SERVICES. This website and online services may also make available other services, service providers, dealings, web sites and/or web pages operated by third parties offering material, information and online services (the "third party service"). The use of the third party services and the use of information collected by the operators of such services / sites are governed by the terms of use and privacy policies found at such sites (if any). Third party services are made available only as a convenience, and the inclusion within the online services of any link to a third party service does not imply endorsement by Earth Again of the operator of such site or any association between Earth Again and such operator. Any direct dealings between the User and any third party in connection with a third party service, including the delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party or the operator of such site. Earth Again will not be responsible or liable for any part of any such dealings.
  • 10. NO WARRANTY. Except as expressly provided otherwise in a written agreement between the User and Earth Again, and except for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in its jurisdiction; this website, online services, and all materials and services offered through or in association with such features, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Earth Again and its suppliers make no warranty that
    • (a) the website, online service, other services or materials will meet the User's requirements,
    • (b) the website, online service, other services or materials will be uninterrupted, timely, secure, virus-free or error-free; or will be compatible with other software or applications to be used with or applied to,
    • (c) the results that may be obtained from the use of the website, online service or other services and materials will be effective, accurate or reliable,
    • (d) the quality of the website, online service, or any materials or other services will meet the User's expectations and
    • (e) any errors in any software obtained from or used through the website, online services, and materials, or any defects in the services or materials, will be corrected, or that
    • (f) the information provided will be accurate.
  • 11. ACCURACY OF INFORMATION. The User understands that when using this website and online services, the User will be exposed to content from a variety of sources. The website and online services and other services and materials could include technical or other mistakes, inaccuracies or typographical errors or offensive, indecent, or objectionable content If the User does so object, the User should not use this website and/or the online services. Earth Again may make changes to the website, online services, other services, information and materials at any time without notice. The information, services and materials may be out of date, and Earth Again gives no undertaking of any manner whatsoever to update such information, services or materials. Any information contained on our website is intended for general information purposes only, and is not meant to be an endorsement or representation by Earth Again or any other party, and should in no way be construed as professional advice. The User should refrain from making any business decisions on the basis of this information without consulting Earth Again or another business providing the same/similar services to Earth Again for advice related to your specific and precise requirements. Any reliance the User places on any content is strictly at the User's own risk.
  • 12. MODIFICATION. Earth Again reserves the right, in its sole discretion, to:
    • (a) change these terms and conditions without notice to the User;
    • (b) change the content and/or services available on or through the website;
    • (c) discontinue any aspect of the website or service(s) available from the website; and/or
    • (d) delete the website. The User is responsible for reviewing these terms and conditions each time it uses the website and online services. The User's continued use of the website and online services constitutes the User's agreement to the then current terms and conditions.
  • 13. DISPUTES REGARDING THE CONTENT OF THE WEBSITE In the event of a dispute as to the content of these terms and conditions at any time, a certificate signed by the administrator responsible for maintaining the website shall be prima facie proof of the date of publication and content of the current version and all previous versions of these terms and conditions.
  • 14. WARRANTY 

    Aerobin Composter 3-Year Limited Warranty

    Warranty Coverage:

    Aerobin Composters ("Product") are covered by a 3-year limited warranty ("Warranty") from the date of purchase. This Warranty is applicable to the original purchaser of the Product and is non-transferable.

    What is Covered:

    Aerobin warrants that the Product, under normal use and service, will be free from defects in materials and workmanship for a period of three (3) years from the date of purchase.

    What is Not Covered:

    This Warranty does not cover damage or defects arising from:

    1. Misuse, abuse, or negligence: Any use of the Product that is not in accordance with the provided instructions or any other misuse, abuse, or negligence.

    2. Unauthorized modifications: Any alterations or modifications to the Product performed by unauthorized personnel.

    3. Acts of nature: Damage caused by natural disasters, including but not limited to floods, earthquakes, fires, or other acts of God.

    4. Normal wear and tear: Regular wear and tear resulting from normal use of the Product.

    5. Failure to follow instructions: Failure to follow the care and maintenance instructions outlined in the Product manual.

    Warranty Claims Process:

    To make a warranty claim, the original purchaser must:

    1. Provide proof of purchase, including the date and location of purchase.
    2. Contact Earth Again Customer Service via the contact information provided on the Earth Again website.

    Upon receipt of a valid warranty claim, Earth Again will, at its discretion, either repair or replace the defective Product.

    Limitation of Liability:

    To the extent permitted by applicable law, Earth Again's liability under this Warranty is limited to the repair or replacement of the defective Product. In no event shall Earth Again be liable for any indirect, consequential, incidental, or special damages.

    Governing Law:

    This Warranty is governed by the laws of the jurisdiction in which the Product was purchased, South Africa.

    Effective Date:

    This Warranty is effective for Products purchased on or after [Date].

    Aerobin reserves the right to update or modify this Warranty at any time without notice.

     

  • 14. GOVERNING LAW AND JURISDICTION. These terms and conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.