AC Industries | BA Coating

Terms of Use

Important Notice

Please read our terms of use carefully. Your use of this web site and will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site.
OUR TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT OUR LIABILITY. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. YOU SHOULD PAY PARTICULAR ATTENTION TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR WEB SITE.
If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site. If you are under 18 and fail to obtain such consent you may not access our web site.
We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

Should you have any questions regarding this site or these terms of use, please contact our Web Administrator at info@acindustries.co.za

Part A: General Information

"We" are AC Industries, a brand name used by BA Coatings (SA) (Pty) Ltd and "us" and "our" have a corresponding meaning herein.
We are a juristic person established in accordance with the laws of the Republic of South Africa with registration number 2000/012540/07
Details of the directors of the company are available at 15 Edgar Street, Somerset West, 7130
Our postal address is PO Box 5108, Somerset West, 7135
Our Physical Address is at 15 Edgar Street, Somerset West, 7130
Our telephone number is Tel: +27 (0) 21 852 2157.
Our email address is info@acindustries.co.za
Our webmaster can be contacted at info@acindustries.co.za

Part B: General Terms of Use

Definitions
In these terms of use:

"We", "us" and "our" means AC Industries and
"You" means the user of this web site.

General Conditions of Use for this Web Site

This web site provides general information about the payment and related services that we offer to our registered users and merchants. Nothing contained on this web site should be viewed as an offer or professional advice of any kind.
Specific services offered on this site may be subject to specific terms and conditions which will be clearly indicated or brought to your attention should you register for or opt to use such services. Your use of such services will be subject to such terms exclusively. If you are interested in subscribing to our services you should contact us directly via telephone or email according to the contact details provided above.
You may not access this site for any purpose other than for general informational purposes. You may not access our site for the purposes of redistributing or otherwise using any of the content displayed or contained on this site for your own business purposes unless you are expressly licensed thereto by us in writing.
You may not use your access to this site in a manner that would bring us, our business and/or any of our personnel into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site.
Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users.
Your access of this web site is done at your own risk and you should be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use. It is your responsibility to review our terms of use on each occasion prior to making use of this site. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
You may provide and we may collect certain information about you and your use of our web site and services. We will collect, process, use and disclose such information strictly in accordance with our Client Information Processing Policy
We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
You are solely responsible for any and all costs that may apply to your access to and use of this web site and the services offered on it.
These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms.

Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS OF A GENERAL NATURE ONLY AND THAT IT DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. RELIANCE ON AND USE OF OUR WEB SITE AND THE CONTENT DISPLAYED ON THE WEBSITE IS THEREFORE AT YOUR OWN RISK AND SHOULD BE INDEPENDENTLY VERIFIED. IN NO EVENT WILL WE BE LIABLE FOR ANY INJURY, EXPENSE, LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU INDEMNIFY US AND OUR PERSONNEL AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH SUCH RELIANCE OR USE. YOU FURTHER AGREE TO INDEMNIFY US AGAINST ANY LOSS, EXPENSE OR DAMAGE SUFFERED BY US AS A RESULT OF ANY THIRD PARTY CLAIM WHICH ARISES FROM OR IS BASED UPON YOUR CONDUCT OR RELIANCE ON THE WEB SITE OR YOUR FAILURE TO COMPLY WITH THESE TERMS.

Complaints and Disputes

We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit your complaint via email to our Web Administrator. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:

Your full names, physical address, telephone number and email address
The location and description of the service feature which is the cause of your complaint
The problem with the service or rights that you allege to be infringed by such feature or component
The actions you would like us to take to remedy the problem
A statement confirming that you are making the complaint in good faith
A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
Please incorporate your signature into the complaint.

Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate's Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate's Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court's jurisdiction.
Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

INFORMATION PROCESSING POLICY

We are committed to protecting your privacy. We recognise our obligation to respect and protect the confidentiality of your personal information. For this reason we have developed this policy to govern the processing of your information. Please read and consider this document carefully since it sets out our intended use of such information. We may require your consent to the terms contained in this policy before we permit you to use our site or participate in our services. When registering for our services you will be required to agree that we may collect, hold, process, use and disclose your personal information on the basis described in this policy.

Who we are

When we refer to "we", "us" or "our" herein we are referring to AC Industries,a brand name used by BA Coatings (SA) (Pty) Ltd a company incorporated under the laws of the Republic of South Africa. Our principal place of business is at 15 Edgar Street, Somerset West, 7130 but we recommend you contact us via telephone at +27 (0) 21 852 2157 or electronic mail at info@acindustries.co.za

How we collect information

We may collect information about you as follows:

From you, including when you apply for our services, submit forms, requests or transactions, use our web sites or otherwise make use of our services;
From public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies;
From our business partners and the persons employed by us to provide services for us, which may include debt collection services, communications services and data hosting, processing and management services;
From persons employed by you to provide services to you, including your bank, internet service provider and mobile cellular service provider; and
From such other persons as you may consent to or which may be legally entitled to provide us with information about you.

We may also make enquiries with anyone for the purposes of verifying the accuracy of information already given to us.

Information we may hold

We may record and hold the following types of information about you:

All information of the type as contained in your service or product application forms or contracts as well as any other details about you that you may provide to us subsequently, including your name, contact details, age, identity number, assets, liabilities, income and payment records;
Information we used to process your application for services and to assess your status from time to time, including as received pursuant to our enquiries with public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies;
Details of your preferences regarding our products and services, and other demographic and lifestyle information;
Details of the accounts you and the members of your family hold and services you and the members of your family use and have previously held and used with or through us; and
Details of your transactions pertaining to such accounts and services; and
Details of when you contact us and when we contact you, including the IP addresses, electronic mail addresses and telephone numbers you contact us from and the content of the communications between us, which we may record.

We may hold your information collected hereunder for as long as you are registered to use our services and for at least five years thereafter or such longer period as may be required or permitted by law.

Why we need your information

We collect and will process your information for the following purposes:

To process your application for our services and making related decisions, including by verifying your identity, status, contact details, financial track record and otherwise ascertaining that you qualify for our services from time to time;
To take such actions as may be required to enable and improve your participation in our services and to exercise our rights and comply with our obligations in respect thereof, including by processing and recording your service requests and transactions, managing your accounts, communicating with you regarding your use of our products and services and collecting payments you may owe us;
To ensure that the information we receive and hold about you is accurate, complete and up to date;
To prevent, investigate and prosecute fraud, money laundering, terrorism, abuse of our services and other unlawful activities;
To comply with legal and regulatory requirements, for audit purposes and legal proceedings;
To conduct market research and business analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services we offer;
to inform and provide you with the opportunity to make use of products, services and benefits that we offer and that we believe may be of interest to you to the extent that we are lawfully permitted to do so; and
For such other purposes as you may consent to or as may otherwise be lawfully permitted, including for the purposes of protecting our and/or your legitimate interests and/or that of our suppliers and other customers.

Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, facsimile, SMS or electronic mail if you have objected to receiving such communications by way of a public register recognised for such purposes by law or by notifying us of your objection in the prescribed manner. We will provide you with reasonable opportunities to object to receiving marketing communications in the manner prescribed by law, including upon your application to subscribe to our services and on each occasion when we send you such communications.

Sharing your information

Keeping your personal information secure is one of our most important responsibilities. We cannot disclose your information unless legally permitted thereto. Save as set out below, we will not transfer your personal information to a third party without your consent unless legally obliged thereto. You agree that we may transfer your information to the following people and organisations in pursuit of the processing purposes set out in this policy:

To the entities in our company group, including to the directors, employees, contractors, agents, auditors, legal and other professional advisors of such entities;
To any other person that supplies, supports or underwrites a service or product we provide to you insofar as it pertains to your subscription to and use of such service or product;
To any person that supports or authorises your participation in a service we provide insofar as it pertains to your registration for and participation in such service, including your bank or legal guardian where appropriate;
To credit bureaus, fraud prevention agencies and governmental, judicial, regulatory and law enforcement bodies and agencies, including the South African Police Service;
To persons employed by us to provide services on our behalf that adhere to principles similar to ours regarding the treatment of your information, including data hosting, processing and management services;
To any person to whom we cede, delegate, transfer or assign any of our rights or obligations pertaining to the services provided by us or contracts concluded by us;
To any person that acts as your executor of your estate, curator or in a similar capacity;
To such other persons as may be permitted by applicable law or that you may consent to.

Please note that our sharing of your information may also involve the transfer thereof to third parties outside South Africa. In the event of such transfer, we will require that such third party also subscribes to protecting your information on principles similar to the principles of this policy.

Sharing your information

To the entities in our company group, including to the directors, employees, contractors, agents, auditors, legal and other professional advisors of such entities;
To any other person that supplies, supports or underwrites a service or product we provide to you insofar as it pertains to your subscription to and use of such service or product;
To any person that supports or authorises your participation in a service we provide insofar as it pertains to your registration for and participation in such service, including your bank or legal guardian where appropriate;
To credit bureaus, fraud prevention agencies and governmental, judicial, regulatory and law enforcement bodies and agencies, including the South African Police Service;
To persons employed by us to provide services on our behalf that adhere to principles similar to ours regarding the treatment of your information, including data hosting, processing and management services;
To any person to whom we cede, delegate, transfer or assign any of our rights or obligations pertaining to the services provided by us or contracts concluded by us;
To any person that acts as your executor of your estate, curator or in a similar capacity;
To such other persons as may be permitted by applicable law or that you may consent to.

Security

We will strive at all times to ensure that your records will always be protected against unauthorised or accidental access, processing or loss. We maintain this commitment to data security by implementing appropriate reasonable technical and organisational measures to safeguard and secure your information, including by using appropriate cryptographic techniques and access control mechanisms. If we use a third party to host, manage or process your data on our behalf we will require that such third party also commit to implementing appropriate reasonable technical and organisational measures to safeguard and secure your information. If we are not prevented by a law enforcement or regulatory agency, we will notify you as soon as practicably possible in writing and at your registered postal or email address if we believe that unauthorised access to your information may have occurred, providing you with such information as you may reasonably require to implement protective measures.

Web Sites

When you visit our site we may collect certain information about your usage preferences and history. Such information will be stored in a cookie on your computer's hard drive by your web browser. Cookies are intended to assist and improve your use of our web sites. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all of the features of our site.

Every time you connect to our web sites we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.

Your rights regarding your information

Provided that you give us suitable and adequate proof of your identity, you have a right to know which records we hold about you. This can be done by submitting a written request to us. We will not be obliged to provide you with information to the extent that we are prohibited or permitted thereto by applicable law.

You also have the right to require us to correct or erase any records we hold about you that we are no longer permitted to retain, is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or has been unlawfully obtained. This can be done by submitting a written request to us to do so. We will notify you of the steps taken as a result of your request.

Please contact us via email at info@acindustries.co.za if you want to submit any request to us hereunder.

Objections

Please email us at info@acindustries.co.za if you want to object to our collection, processing, recording, protection, use or sharing of your information. Please note that we may require a reasonable period to comply with your objection and can only do so if permitted thereto by law and such compliance does not unreasonably prejudice our legitimate interests or that of a third party.

BA COATINGS

Terms of Use