Terms and Conditions

RUBICON WEBSITE USAGE TERMS AND CONDITIONS

Acceptable Usage Terms    

1.    Introduction

1.1    By accessing the Rubicon website, web pages or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and privacy statement of Rubicon when accessing the website.

2.    Definitions

2.1    “Website” means www.rubiconsa.com, operated and owned by Rubicon, including any page, part of element thereof;
2.2    “Rubicon” means Rubicon Electrical Distributor (Pty) Ltd, a company duly registered in terms of the South African Company Laws with registration number 2016/461533/07, including its subsidiaries, shareholders, group companies and business units.
2.3    “User” means any person who accesses or uses the Rubicon website, notwithstanding that such a person only visits the Rubicon website home page.

3.    Acceptable Use

3.1    This website is intended to provide the User only with information regarding Rubicon and the services it offers. Rubicon does not warrant the accuracy or correctness of any information published herein and shall not be liable for any losses pursuant thereto.
3.2    Content from the Rubicon website may not be used or exploited by Users for any commercial and non-private purposes without prior written consent of Rubicon, which consent Rubicon may withhold at its sole and absolute discretion.
3.3    Users may not use the Rubicon website for:
3.3.1    illegal purposes;
3.3.2    harmful purposes; and
3.3.3    The creation, storage and sending of unsolicited commercial communications.
3.4    Should any User use content from the Rubicon website in breach of the provisions detailed herein, Rubicon:
3.4.1    reserves the right to claim damages from the User;
3.4.2    reserves the right to institute criminal proceedings against the User; and
3.4.3    shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who may have obtained consent from the User.
3.5    Hyperlinks to the Rubicon website from any other source shall be directed at the home page of the Rubicon website. Links beyond the Rubicon home page may only be used with Rubicon’s prior written consent;
3.6    Rubicon shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Rubicon website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Rubicon website. Persons that wish to link to pages beyond the home page of the Rubicon website without Rubicon’s prior written consent shall do so at their own risk and indemnify Rubicon against any loss, liability or damage that may result from the use of such hyperlinks. Rubicon ’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions;
3.7    Apart from bona-fide search engine operators and use of the search facility provided on the Rubicon website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Rubicon website for any purpose whatsoever, without the prior written consent of Rubicon. No modification and/or reverse engineering whatsoever of any content of this website is permitted; and
3.8    E-mail addresses, names, telephone numbers and fax numbers published on the Rubicon website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Rubicon website may be used to communicate unsolicited communications to Rubicon and all rights detailed in section 45 of the ECT Act.

4.    Changes to these terms of use

4.1     Rubicon may revise and update these Terms of Use at any time in its sole discretion without notice to the User and the User’s continued usage of the Website after any changes to these Terms of Use shall mean the User accepts those changes.

5.    Intellectual Property Rights

5.1    All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, logos, hyperlinks, private information, and designs are the property of and or/ licensed to, Rubicon, and as such, are protected from infringement by domestic and international legislation and treaties. Intellectual property on this site are expressly reserved.

6.    Electronic Communications

6.1    By using this web site or communicating with Rubicon by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be "in writing" as per the definition contained in the Electronic Communications and Transactions Act 2002.

7.    Changes and Amendments

7.1    Rubicon expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this website without prior notice or justification; and
7.2    Rubicon reserves the right to change and amend without further notice the information quoted as well as the terms and conditions on this website.

8.    Privacy Policy and conditions for lawful processing of personal information according to Chapter 3 of the Protection of Personal Information Act 4 of 2013

8.1    Rubicon shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act 4 of 2013 (”POPI”).
8.2    Rubicon may collect, store and use the following personal information of Users:
8.2.1    Name and surname
8.2.2    Identity number
8.2.3    Rubicon account number
8.2.4    Street and postal address
8.2.5    Contact numbers
8.2.6    Non-personal browsing habits and click patterns
8.2.7    E-mail address; and
8.2.8    IP address
8.3    Rubicon collects, stores and uses the above-mentioned information for the following purposes:
8.3.1    to communicate requested information to the User;
8.3.2    to provide services to the User as requested by the User;
8.3.3    to authenticate the User;
8.3.4    to provide the User with access to restricted pages on this website; and
8.3.5    to compile non-personal statistical information about browsing habits, click-patterns and access to the Rubicon website.
8.4    Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings. For purposes of this clause, a cookie means a small computer file created by a web browser to save User information for web site. Cookies ensure that Rubicon is able to continually improve its website. We utilise "first party cookies" (originating from us) to simply track the User’s visits between sessions and deliver a more personalised experience. We also utilise "third party cookies" (not originating from us) to provide traffic analysis and tracking.
8.4.1    Rubicon may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:
8.4.2    Rubicon shall not disclose personal information from Users unless the User consents thereto;
8.4.3    Rubicon shall disclose personal information without the User’s consent only through due legal process.
8.4.4    Rubicon may compile, use and share any information that does not relate to any specific individual.
8.4.5    Rubicon owns and retains all rights to non-personal statistical information collected and compiled by the Rubicon.
8.4.6    This clause serves as a notification to the User to be aware that Rubicon will be collecting the above mentioned personal information;
8.5    Information Sharing and Disclosure
8.5.1    Rubicon sends personally identifiable information about the User to other companies or people when:
8.5.1.1    we have the User’s consent to share the information; or
8.5.1.2    it is appropriate to comply with law.
8.6    By using this website, the User consents to the following:
8.6.1    Rubicon and its commercial partners may use the Users' personal information to communicate with the User from time to time. Users unsubscribe if they do not wish to receive such communications with express notification;
8.6.2    Rubicon may use the User's information for general and particular statistical purposes; and

9.    Agreements in Terms of Section 21 of the Electronic and Communications and Transaction Act

9.1    No information or data on this web site constitutes an offer to do business, but is merely an invitation to do business.
9.2    No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements will require a written acceptance of a written offer by Rubicon.
9.3    No e-mail message shall be deemed to have been received by Rubicon until a response has been issued from Rubicon. An automated response, from Rubicon, shall not satisfy this requirement.

10.    Searching Technology

10.1    The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted, if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site

11.    Links to Third Party Sites

11.1    Rubicon may provide links to other web sites only as a convenience to the User and the inclusion of any link does not imply Rubicon ’s endorsement of such sites.
11.2    Linked web sites or pages are not subject to the control of Rubicon. Rubicon shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site.

12.    Security of Information

12.1    Rubicon shall take all reasonable steps to secure a User's information.
12.2    Users undertake not to divulge their User name and passwords to any other person.
12.3    It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any information on this web site, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this web site.
12.4    Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Rubicon website or the server and computer network that support the Rubicon website.
12.5     Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this web site or attempts to gain unauthorized access to any page on this web site shall be held criminally liable, and in the event that Rubicon should suffer any damage or loss, civil damages will be claimed.

13.    Disclaimer and limitation of liability

13.1    Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Rubicon shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Rubicon makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free.
13.2    This web site is supplied on an "as is" basis to the extent permitted by law, and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy him or herself, prior to entering into this agreement with Rubicon, that the service available from and through this web site will meet the User's individual requirements and be compatible with the User's hardware and/or software.
13.3    Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Rubicon.
13.4    Neither Rubicon nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any information and/or services on this web site.

14.    Offensive e-mail content

14.1    Our employees and other Users of the Rubicon e-mail system are subject to policies that prohibit:
14.1.1    the obscuring, suppressing, or replacing another User’s identity on an e-mail (pretending to be someone else);
14.1.2    the use of Rubicon’s information and communications systems for the exercise of the employee’s right to free speech;
14.1.3    sexual, religious, political and racial harassment;
14.1.4    profanity, obscene, offensive, derogatory or defamatory remarks; and
14.1.5    otherwise unlawful communication via e-mail.
14.2    Accordingly, if an e-mail sent by a Rubicon User breaches any of these provisions, that e-mail is sent in that person’s personal capacity and Rubicon is not liable for such messages. Rubicon will take appropriate disciplinary action against any person breaching these provisions and the User can report any such breach to

15.    Severability

15.1    These Terms and Conditions of Use constitute the entire agreement between Rubicon and the User of this web site. Any failure by Rubicon to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
15.2    In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

16.    Applicable and Governing Law

16.1    This web site is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use this web site and these terms and conditions.

17.    Domicilium Citandi Et Executandi

17.1    If the User has any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact Rubicon at:
Address: 4 Reith Street Sidwell, Port Elizabeth, Eastern Cape, 6061.
Attention: Rubicon
Email:

18.    General

18.1    No indulgence which Rubicon may grant to the User shall constitute a waiver of, whether by estoppel or otherwise, limit any of the existing or future rights of Rubicon in terms hereof, save in the event and to the extent that Rubicon has signed a written document expressly waiving or limiting such right