Terms & Conditions


Terms & Conditions By accessing or using https://drainvac.co.za/ or any of its related blogs, websites, applications or platforms (collectively, “the Website”), owned by drainvac or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional drainvac terms particularly applicable to you and the Services you utilise. All rights in and to the content of the Website always remain expressly reserved by drainvac . Please see drainvac distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities Please pay specific attention to the BOLD paragraphs of the drainvac Terms. These paragraphs limit the risk or liability of drainvac, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify drainvac or is an acknowledgement of any fact by you. 
  • Please read these terms carefully before accessing or using the Website or Services. drainvac will assume you have read and understood these terms should you continue to access or make use of the Website.
  • Please also see our distinct additional policies including our Pricing Policy, Refund & Cancellation Policy and Delivery Policy.
It is important to note the following:
  • The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to drainvac or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on 1 July 2023.
  1. INTRODUCTION TO THE WEBSITE AND SERVICES
1.1 – drainvac provides an online platform providing various services, including but not limited to providing users with information about our great range of products, making purchases of products from us and/or our authorised partners (“Products”), learning more about our Reseller Programme and obtaining multi-media content and blogs (collectively, the “Services”). 1.2 – These Terms explain the conditions applicable to how users must make use of the Website and the core provisions applicable to a user’s use of any Services derived from drainvac. Depending on the exact Services used, a user may also need to conclude additional agreements with drainvac, which agreements will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected. 1.3 – Users will need to pay a purchase price to purchase Products from us (“Price”), but same Price will be detailed to you on the Website and/or on a drainvac invoice sent to you before you incur such a fee, or in any further Service-specific agreement you may conclude with drainvac or another third party. 1.4 – Resellers can use a Profile creation- and login-function to action and access certain functionality via the Website, whereas general users do not need any Profile to enjoy the search and learning feature of the Website. 1.5 – The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon drainvac uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes. 1.6 – Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.
  1. RELATIONSHIP BETWEEN THE PARTIES
2.1 – For all Services provided, drainvac does not have an agent, intermediary, advisory, representative nor broker relationship with any user. Your use of the Website or the Services is entirely at your own risk and based on your own volition and expertise. 2.2 – drainvac does not provide any regulated financial, advisory, medical, banking nor payment services. As such, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights. 2.3 – In the context of Product purchases via the Website, drainvac operates as the “seller” of same Products, and the relevant user will function as the “buyer”, for the purposes of their respective duties and obligations related to those roles under applicable consumer and other laws.
  1. USER REGISTRATION PROCESS
3.1 – In order to make use of most of the Services (including making Product purchases), you must complete the necessary Reseller registration process detailed on the Website and acquire a Profile. Each Reseller user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes. 3.2 – drainvac requires you to submit your full name, email address, phone number, and other relevant company information as outlined on the Reseller page and in the drainvac Reseller Application when registering a Profile. Users may then set up additional features of their Profile, depending on the exact Services acquired, as prompted by the Website. 3.3 – To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring a password together with your provided email address in order to grant access to your Profile and data. To view or change your personal information provided, you can do so on this website via the user profile or contact privacy@drainvac.co.za. 3.4 – By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and sub-Profiles and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone. 3.5 – Please see drainvac Privacy Policy regarding more details on how drainvac uses and processes your personal information.
  1. THE SERVICES
4.1 – For further and exact information on the various Services currently offered by drainvac , or those specific to you, please consult the relevant Reseller page on the Website or please contact. 4.2 – For general information purposes, and subject to further information relating to these Services made available by drainvac on the Website or elsewhere, the following details some of the exciting offerings which constitute our Services available to users: 4.2.1 – Learn about and purchase Products from us: 4.2.1.1 – The Website has an online advertisement directory allowing users to find out about the Products we sell and distribute from our trusted partners around the globe. 4.2.1.2 – Users can then contact us to find out more about the Products, including specifications, stock availability, price and placing orders therefor. 4.2.1.3 – Please consult these Terms below for more information on the terms of Service associated to the ordering of Products from us, as well as our Pricing Policy, Refund & Cancellation Policy and Delivery Policy. 4.2.2 – Accessing multi-media content and news: 4.2.2.1 – Users can obtain access to blogs, articles, industry content and other multi-media using the relevant prompts and pages on the Website. 4.2.2.2 – Whilst drainvac carefully selects and curates all multi-media content before it is made available on the Website, drainvac will not be liable for any content, information or opinion provided via the Website pursuant to the sharing of multi-media content to users. 4.2.2.3 – Such multi-media content is also provided “as is” where drainvac disclaims itself of all liability for the accuracy or correctness of any such content shared via the Website. 4.2.3 – Discover more about our Reseller Program: 4.2.3.1 – Using the relevant prompts on the Website, users can find out more about our esteemed Reseller Program, allowing operators to become part of our distribution network and also supply our trusted partners’ products to their own customers. 4.2.3.2 – Resellers in our program have access to all our world-class brands online and can, amongst many other things, submit return requests or place orders for stock, track order progress, manage delivery details, set marketing preferences, and access global technology tools like the Micron Memory Configurator. 4.2.3.3 – For more information on how this Service works, please see our Reseller page.
  1. PAYMENT FOR drainvac PRODUCTS
5.1 – For the use of Website and most of the Services, there is no fee charged to the user, but the use of particular Services – such as making purchases of Products – does attract a fee to be paid by the user to drainvac. 5.2 – Please consult our Pricing Policy for details as to how exactly drainvac will charge the Price to the user and on what basis. For more detailed information regarding mechanisms such as quote validity periods, payment terms, COD terms, or non-payment processes please consult our Reseller Terms. 5.3 – All advertised Prices for products shall be exclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you in our invoices/quotes. 5.4 You may contact drainvac via email at accounts@drainvac.co.za or access the Website to see a full record of your transactions with drainvac.
  1. ADDITIONAL CONDITIONS APPLICABLE TO drainvac’s SERVICES
6.1 – The following are particular conditions, restrictions, rights and/or duties associated to the specific Services we offer. 6.1.1 – Conclusion of sale 6.1.1.1 – It is the sole responsibility of the user to determine that the Products and/or Services ordered are suitable for the user’s purpose of intended use. 6.1.1.2 – Registered users may place orders for any Product on the Website, which drainvac may accept or reject. Whether or not drainvac accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price or materials) and receipt of payment or payment authorization by drainvac for the Products. 6.1.1.3 – The user hereby confirms that the Products and/or Services on the tax invoice issued duly represent the Products and/or Services ordered by the user at the prices/Price agreed to by the user and where performance / delivery has already taken place that the Products and/or Services were inspected, and that the user is satisfied that these conform in all respects to the quality and quantity ordered and are free from any visible defects. 6.1.1.4 – All orders and variations to orders are subject to these Terms. Only written orders and variations to orders will be accepted by drainvac. This notwithstanding, drainvac may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. drainvac however reserves the right to refuse delivery or collection of any order until placed in possession of a written order form. 6.1.1.5 – Delivery, installation, commencement, and performance times given are merely estimates and are not binding on drainvac. drainvac warrants that it will use its best endeavors to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by drainvac. drainvac shall not be liable for any loss or damage of whatsoever nature which the user may suffer as a result of any incorrect or delayed delivery, tampering of installation, commencement or performance. 6.1.1.6 – All Products invoiced out for evaluation, approval or on a demonstration basis by the user are deemed sold if not returned within 10 (ten) working days of issue. 6.1.2 – Delivery conditions: 6.1.2.1 – Please see our distinct Delivery Policy for all delivery-related terms of drainvac. 6.1.2.2 – Notwithstanding the above, the following considerations also apply: 6.1.2.2.1 – Any delivery note or waybill or invoice (copy or original) signed by the user or a third party engaged to transport the Products and held by drainvac shall be prima facie proof that delivery was made to the user and are in accordance with the quality and quantity reflected thereon. 6.1.2.2.2 – drainvac shall be entitled to invoice and deliver each order separately. 6.1.2.2.3 – The risk of damage to or destruction of Products is passed to the user on signature of the delivery receipt upon delivery to the user or the user’s nominated representative and the user undertakes to ensure the Products fully, until paid for in full. 6.1.2.2.4 – drainvac is hereby authorized to engage a third party on its behalf and on the terms deemed fit by drainvac to transport all Products purchased. 6.1.2.2.5 – If the user chooses to engage in its own third party to transport the Products, the user indemnifies drainvac against any claims of whatsoever nature that may arise from such an agreement. 6.1.2.2.6 – You acknowledge that stock of all Products on offer is limited, and that pricing may change at any time without notice to you. drainvac 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 Product is no longer available after you have placed an order, drainvac will notify you and you will be entitled to a full refund of any amount already paid by you for such Product.  6.1.2.2.7 – drainvac shall take all reasonable efforts to accurately reflect the description, availability, composition, used materials/ingredients, Product origins, purchase price and delivery charges of our Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in our Refund and Cancellation Policy. 6.1.3 – Refunds and Repairs: 6.1.3.1 – Please see our distinct Refund & Cancellation Policy for all such related terms of drainvac. 6.1.3.2 – Notwithstanding the above, the following considerations also apply: 6.1.3.2.1 – In the case of repairs undertaken by drainvac, repair times given are merely estimates and are not binding on drainvac; time is not of the essence of this agreement unless expressly agreed upon in writing by drainvac. drainvac shall not be liable for any loss or damage of whatsoever nature which the user may suffer as a result of any unforeseen costs and/or delayed repairs. 6.1.3.2.2 – New Products are protected according to the manufacturer’s product specific warranties only and all other guarantees and warranties including common law guarantees are hereby specifically excluded. Services carry no guarantee. 6.1.3.2.3 – Liability under this clause is restricted to the cost of repair or replacement of faulty Products or services or granting of a credit at the sole discretion of drainvac. 6.1.3.2.4 – No returns will be accepted without an RMA number. Return Material Authorization (RMA) request form must be submitted online prior to returning any items for any reason. Please complete the RMA application online on our website Returns Request. This number must be used as a reference for all matters relating. Our technical department will issue you with an RMA number which authorizes you to return one item per every RMA number. A full fault description must be completed to enable technical department to test and verify fault. 6.1.3.2.5 – All defective merchandise returned to drainvac must be returned with all cables, power supplies, documentation, et cetera. 6.1.3.2.6 – drainvac is not responsible for the cost of returning any Products to drainvac offices. For your protection, please insure the package and ship via a traceable method. drainvac is not responsible for lost or damaged packages. 6.1.3.2.7 – If any of the above conditions are not met, drainvac reserves the right either to refuse the return, or to charge an agreed-upon restock fee of not less than 15% (fifteen percent). 6.1.3.2.8 – Acceptance of Products: drainvac shall conduct incoming acceptance inspection as soon as possible on receipt of Products. 6.1.3.2.9 – Warranty: drainvac’s sole obligation is to repair or replace the defective Product. There is no warranty for uninterrupted or error-free operation. There is no warranty for loss of data. We recommend that you regularly back up the data stored on your Product to a separate storage product. There is no warranty for Products with removed or altered identification labels and/or serial numbers. Even accidental removal and re-attachment of the bar code sticker will void the warranty, as it will no longer be possible to verify exactly when that individual item was purchased. This clause shall not be used to imply that drainvac shall be obliged to accept the return of any Products. The warranty is contingent upon the proper use in the application for which the Product was intended and does not cover Products which have been modified in any manner, and /or has been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by unauthorized personnel. 6.1.3.2.10 – Data recovery is not covered under the warranty and is not part of the warranty process. drainvac’s technical department offers a standard data recovery service. Prices for such services will be quoted on request. 6.1.3.2.11 – Products for Exchange or Credit: Product purchased directly from drainvac may be returned for exchange, excluding any shipping charges, within 7 (seven) days from the date of receiving the Product/s. All merchandise returned to drainvac must be shipped in the original sealed packaging, same condition as sold, with all cables, power supplies, documentation, et cetera. Please refer to our Reseller Terms for additional information regarding exchanges or credits 6.1.3.2.12 – Products for exchange exclude any “Special Request Items“ which cannot be returned under any circumstances, unless faulty. 6.1.3.2.13 – If items are credited, it will be at the lesser value between selling price and current market price, and in addition, handling fees specified in the points above will apply. 6.1.3.2.14 – drainvac will request copies of original invoice documents when a Product is older than 24 (twenty-four) months. Products will not be tested, repaired or replaced until such documentation has been received. 6.1.3.2.15 – The user has the responsibility to maintain Products within their manufacturer guidelines (misuse, not maintained regularly, et cetera), where if not done, any applicable warranty may be voided. 6.1.3.2.16 – The user hereby agrees that any item handed in for repair may be sold by drainvac to defray the cost of such repairs if the item remains uncollected within 30 (thirty) days of the repairs being completed and customer notified of completion.
  1. USER RESPONSIBILITIES AND WARRANTIES
7.1 – By using the Website and/or the Services, you warrant that: 7.1.1 – you have read and agreed to these Terms and will use the Website and Services in accordance with them; 7.1.2 – you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect; 7.1.3 – you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms; 7.1.4 – you lawfully possess and submit all information to the Website and/or drainvac for the use of it or the Services; 7.1.5 – you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website; 7.1.6 – you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code; 7.1.7 – you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute; 7.1.8 – you will not use the Website platform for any commercial purpose other than as expressly provided for by drainvac herein; 7.1.9 – you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or 7.1.10 – you will not facilitate or assist any third party to do any of the above, 7.1.11 – failing which, your failure will automatically be deemed to be a material breach of these Terms, allowing drainvac to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Website and/or claiming contractual (including consequential) damages from you. 7.2 – The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. 7.3 – Without prejudice to any of drainvac’s other rights (whether at law or otherwise), drainvac reserves the right to deny you access to the Website or the Services where drainvac believes (in its reasonable discretion) that you are in breach of any of these Terms. 7.4 – drainvac does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
  1. KYC AND AML REQUIREMENTS
8.1 – A user’s ability to make use of various parts of the Website or Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations. 8.2 – drainvac may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to drainvac in order for the user to be verified as not infringing any of drainvac’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. drainvac reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by drainvac. drainvac also reserves the right to share this information with any legal authority when required under applicable laws. 8.3 – drainvac may restrict user transactions that may violate laws or drainvac’s internal KYC or AML conditions, which decisions we may make based on our analysis of Vendor requests, ZAR value orders, geographic location confirmation, anomaly order value, sub-user triggered order, or orders from different IP addresses.
  1. RECEIPT AND TRANSMISSION OF DATA MESSAGES
9.1 – Data messages, including email messages, sent by you to drainvac will be considered to be received only when acknowledged or responded to. 9.2 – Data messages sent by drainvac to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient. 9.3 – drainvac reserves the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary. 9.4 – Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. drainvac is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from drainvac to a user, between users or from a user to drainvac.
  1. HYPERLINKS, DEEP LINKS, FRAMING
10.1 – The Website may include links to other internet sites (“the other sites“), some of which drainvac does not own or endorse. drainvac is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites. 10.2 – drainvac does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to marketing@drainvac.co.za to request the removal of such content. 10.3 – The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.
  1. ADVERTISING AND SPONSORSHIP
11.1 – The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations. 11.2 – drainvac, its shareholders, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  1. INTELLECTUAL PROPERTY PROTECTION
12.1 – All Website layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, product feeds, documents, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Website and drainvac in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by drainvac, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. 12.1.1 – For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided drainvac with a non-exclusive, non-transferable licence to use such user intellectual property as drainvac deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website. 12.2 – Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of drainvac first being granted, which consent may be refused at the discretion of drainvac. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, drainvac and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you. 12.3 – drainvac reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be). 12.4 – Where any of the Website intellectual property has been licensed to drainvac or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. 12.5 – Subject to adherence to the Terms, drainvac grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of drainvac. 12.6 – Any enquiries regarding any of the above relating to intellectual property must be directed to drainvac at privacy@drainvac.co.za.
  1. DISCLAIMERS AND WARRANTIES
13.1 – The Website and Services, including any intellectual property appearing therein, are provided “as is” and “as available”. drainvac makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, the Services or the information contained in it. 13.2 – All information, blogs, articles or opinions of users made available on the Website in relation to any of the Services are those of the authors and not drainvac. While drainvac makes every reasonable effort to present such information accurately and reliably on the Website, drainvac does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website. 13.3 – drainvac, its shareholders, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services/Products offered, including the information about any particular Product. 13.4 – drainvac, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, Products and access to, or use of, the Website in any manner. 13.5 – drainvac takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, drainvac does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
  1. INDEMNITIES
14.1 – The user indemnifies and holds harmless drainvac, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website, Products, Services offered or concluded through the Website in any way. 14.2 – The user agrees to indemnify, defend and hold drainvac harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms. 14.3 – This clause will survive termination of this agreement.
  1. COMPANY INFORMATION
15.1 – Site owner: drainvac 15.2 – Legal status: Private profit limited liability company 15.4 – Director: Johan van Zyl 15.5 – Description of main business: Importer and Distributor of goods 15.6 – Telephone number: 0860 666 848 15.7 – Email address: info@drainvac.co.za 15.8 – Website address: drainvac.co.za 15.9 – Physical address: 45 Hibiscus Street, Lynnwood Ridge, Pretoria, 0081 15.10 – Postal address: 45 Hibiscus Street, Lynnwood Ridge, Pretoria, 0081 15.11 – Registered address: 45 Hibiscus Street, Lynnwood Ridge, Pretoria, 0081
  1. DISPUTE RESOLUTION AND GOVERNING LAW
16.1 – The user’s access and/or use of the Website and/or Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only. 16.2 – The user hereby consents, in terms of Section 45 of the Magistrates Court Act of 1944 as amended to drainvac instituting any proceedings arising out of this contract in the Magistrates Court for the district of Rondebosch otherwise having jurisdiction in terms of Section 28 of the Magistrates Court Act notwithstanding the fact that such proceedings are otherwise not within the jurisdiction of that court. drainvac however reserves the right, in its sole discretion, to institute any action arising from this agreement in the High Court of South Africa. 16.3 – The user hereby waives the benefits of the legal exceptions of non numeratae pecuniae, non causa debiti, de errore calculi, de duobus vel pluribus reis debendi, review of accounts and no value received and hereby declares himself to be fully acquainted with the meaning of this waiver. 16.4 – In the event of any default by the user of any provision of these Terms, the user hereby consents and authorizes drainvac to furnish the name, credit record and repayment history of the user to any credit bureau as a delinquent debtor. 16.5 – The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party. 16.6 – The user shall be liable to drainvac for all legal expenses (including collection fees) on the attorney-own-client scale incurred by drainvac in the event of: 16.6.1 – any default by the user of these Terms; or 16.6.2 – any litigation in regard to the validity and enforceability of these Terms. The user will also be liable for any collection or valuation fees incurred.
  1. TERMINATION OF USE OF WEBSITE OR SERVICES
17.1 – IN ADDITION TO ITS OTHER RIGHTS HEREIN, drainvac RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND USE OF THE WEBSITE AND/OR SERVICES IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT drainvac GIVES REASONABLE NOTICE TO YOU. 17.2 – If you wish to terminate the agreement with drainvac, or end your use of the Services, you may request so by emailing accounts@drainvac.co.za. This will result in deregistration from the Website. This will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which the parties may have at the time of said termination with the Website (such as your need to pay for an ordered Product). 17.3 – In the event of cancellation of your agreement with the Terms and with drainvac, drainvac will remove you from the Website and deactivate your Profile. 17.4 – In the event of cancellation, the user shall be liable to pay: 17.4.1 – the difference between the selling price and the value of the Products at the time of repossession; and 17.4.2 – all other costs incurred in the repossession of the Products. The value of repossessed Products or retained pledged Products will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuation will be prima facie proof of the value.
  1. NOTICES AND SERVICE ADDRESS
18.1 – Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being: 18.1.1 – in the case of drainvac, at 45 Hibiscus Street, Lynnwood Ridge, Pretoria, South Africa; or 18.1.2 – in the case of the user, at the business address as per the dealer application or such other address agreed upon between drainvac and the user. 18.2 – Any document will be deemed duly received by the user within: 18.2.1 – 3 (three) working days of prepaid registered mail to any of the user’s business or postal addresses or the domicilium address of the user or to the personal address of any director, member or owner of the user; or 18.2.2 – within 24 (twenty-four) hours of being faxed to any of the user’s fax numbers or any director, member’s or owner’s fax numbers; 18.2.3 – on being delivered by hand to the user or any director, member or owner of the user; 18.2.4 – within 48 (forty-eight) hours if sent by overnight courier; or 18.2.5 – within 24 (twenty-four) hours of being telexed to the user’s telex number.
  1. GENERAL
19.1 – This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives. 19.2 – Any order is subject to cancellation by drainvac due to force majeure from any clause beyond the control of drainvac, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation. 19.3 – No indulgence, leniency or extension of time granted by drainvac shall constitute a waiver of any of drainvac’s rights under these Terms and, accordingly, drainvac shall not be precluded because of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future. 19.4 – Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa. 19.5 – The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 19.6 – Should you have any complaints or queries, kindly address an email to drainvac at privacy@drainvac.co.za of same. 19.7 – Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. 19.8 – No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.7.

Drainvac SA Privacy and Personal Information Policy Drainvac SA adheres to the highest standards of protecting your personal information when we process it by virtue of your use of our Services, your use of our website https://drainvac.co.za or any of its related blogs, websites, applications or platforms (collectively, “the Website”), or by providing us with your personal information in any other way. As such, we have created this specific and detailed Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your privacy (“Policy”).
  • Please note that Drainvac SA is a private limited liability company duly registered and operating in accordance with the laws of South Africa.
  • Please ensure that you read all the provisions below, and our other Drainvac SA rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties.
Please use the following links to jump to the relevant sections described in this Privacy Policy: 1. Important information and who we are 1.1. Purpose of this Privacy Policy 1.1.1. This Privacy Policy aims to give you information on how Drainvac SA collects and processes your personal data through any form of your engagement with Drainvac SA such as your engagement with us when contracting or corresponding with us, when using our Services, accessing or using the Website, or providing us with your personal information in any other way (such as when participating in surveys, participating in events or signing up for newsletters). 1.1.2. This Privacy Policy complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended. 1.1.2.1. Users with citizenships from jurisdictions other than of South Africa, please note that Drainvac SA complies with all South African data protection laws when processing your personal information pursuant to the Services as we are a South African entity operating in the South African market. 1.1.3. It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them. 1.1.4. We do not process special categories of personal data nor the data of minors. Do not provide us with any such personal data, where the provision of same will constitute an immediate and automatic material breach of these terms. 1.2. Responsible Party and Operator 1.2.1. Drainvac SA is the “Responsible Party” and is responsible for your personal data in instances where we decide the processing operations concerning your personal data. Sometimes we also operate as a “Operator” of personal data on behalf of a third-party Responsible Party, where that Responsible Party’s privacy terms will apply, but we will draw your attention to them, when applicable. 1.2.2. We have appointed a data representative at Drainvac SA who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below. 1.3. Our Contact Details 1.3.1. Our full details are:
      • Full name of legal entity: Drainvac SA
      • Name or title of data representative: Lizette Pretorius
      • Email address: info@drainvac.co.za
      • Telephone number: 0860 666 848
1.3.2. You have the right to make a complaint at any time to the South African regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance. 1.4. Changes to the Privacy Policy and your Duty to Inform us of Changes. 1.4.1. This Privacy Policy version was last updated on 01 July 2023 and historic versions are archived and can be obtained by contacting us. 1.4.2. It is important that the personal data we hold about you is accurate and current. Please update your personal data yourself using the relevant prompts on the Website or keep us informed if your personal data changes during your relationship with us. 1.5. Third-Party Links on Website or otherwise 1.5.1. The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our website, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.
  1. The data we collect about you
2.1. Personal data, or personal identifiable information, means any information about an individual, both natural and juristic entities (i.e., people and companies), from which that entity can be identified. It does not include data where the identity has been removed (anonymous data). 2.2. We may collect, use, store, and transfer (“process”) different kinds of personal data about you which we have grouped together as follows: 2.2.1. Identity Data including first name, maiden name, last name, country of residence, username or similar identifier, title, date of birth and gender, or the information about your company such as company registration details, company address and name. 2.2.2. Contact Data including email address, physical/registered addresses, social media contact details and telephone numbers; 2.2.3. Financial Data including bank account details, third-party payment provider information and payment card details (which we do not store but only provide to our authorised third-party payment service provider under contract with us); 2.2.4. Social Media Data including all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories; 2.2.5. Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us, or provide to us; 2.2.6. Technical Data including internet protocol address/es, your login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website. 2.2.7. Profile Data including your Website/Profile username and password, preferences, feedback, ratings and reviews, and survey responses; 2.2.8. Usage Data including information about how you use our company, Website, surveys, events, and Services; and 2.2.9. Marketing and Communications Data including your preferences in receiving notices and marketing from us and our third parties and your communication preferences. 2.3. We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy. 2.4. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your services). In this case, we may have to cancel Website-access or Services you have with us, but we will notify you if this is the case at the time.
  1. How is your personal data collected?
3.1. We use different methods to collect data from and about you, including through: 3.1.1. Direct interactions: You may give us your Identity, Contact, Profile, Social Media, Transaction and Financial Data by filling in various Drainvac SA forms, Website forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 3.1.1.2. use our Website; 3.1.1.3. contract with us; 3.1.1.4. consult with us; 3.1.1.5. complete forms; 3.1.1.6. sign-up for newsletters; 3.1.1.7. interact with us via webinar or social platform group, such as a Facebook™ group 3.1.1.8. subscribe to any of our publications; 3.1.1.9. provide any services to us as a service provider or independent contractor on contract with us; 3.1.1.10. request information to be sent to you; 3.1.1.11. attend any Drainvac SA event whether online or in person; or 3.1.1.12. give us some feedback. 3.1.2. Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data, Profile and Usage Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. 3.1.3. Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below (in some cases, the list of third-party sources may be too dynamic or cumbersome to list herein, but can be acquired upon application to us): 3.1.3.1. Technical Data and Social Data from the following parties: 3.1.3.1.1. analytics providers Google Analytics and Google Search Console based in USA; 3.1.3.1.2. social networks Facebook, Instagram, Twitter, LinkedIn, and YouTube based in USA; and 3.1.3.1.3. Google Ads based in USA;
  1. How we use your personal data
4.1. We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances: 4.1.1. where we have your express consent to do so; 4.1.2. where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you; 4.1.3. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or 4.1.4. where we need to comply with a legal or regulatory obligation. 4.2. Purposes for which we will use your personal data: 4.2.1. We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate, and which exact External Third Parties your personal data is handed to for same reasons. 4.2.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 4.2.3. Marketing 4.2.3.1. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you as an existing customer, please use the in-built prompts provided on those communications, or contact us. 4.2.3.2. You will receive marketing communications from us if you have requested information from us, have participated in any Drainvac SA service or event, or if you provided us with your details when registering for a promotion or event and, in each case, you have not opted-out of receiving that marketing. 4.2.5. Opting-Out 4.2.5.1. You can ask us or authorised third parties to stop sending you marketing messages at any time by contacting us or the relevant third party at any time and requesting us to cease or change your marketing preferences. 4.2.5.2. Where you opt-out of receiving these marketing messages, this opt-out will not apply to other personal data of yours which we process for another lawful basis. 4.2.6. Change of Purpose 4.2.6.1. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 4.2.6.2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 4.2.6.3. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
  1. Disclosures of your personal data
5.1. We may have to share your personal data with the parties set out below for the purposes set out in the table above. 5.1.1. Internal Third Parties as set out in the Glossary; 5.1.2. External Third Parties as set out in the Glossary; 5.1.3. Specific third parties listed in the table above; and/or 5.1.4. Third parties to whom we may choose to sell, transfer, or merge parts of our organisation or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our organisation, then the new owners may use your personal data in the same way as set out in this Privacy Policy. 5.2. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.
  1. Express Cookies provision
6.1. The Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a user by way of third-party tools. 6.2. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is an option on the Website to deny the cookies or to modify the type of cookies which are collected. There is also a simple procedure in most browsers that allows you to deny or accept the cookie feature entirely. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you deny access or disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not deny or disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Policy and our other policies or terms.
  1. International transfers
7.1. We share your personal data within the Drainvac SA group of organisations and affiliates, and this may involve transferring and processing your data outside of South Africa. 7.2. Whenever we transfer your personal data out of either territory, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 7.2.1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the Information Regulator’s Office of South Africa; and/or 7.2.2. Where we use certain service providers, we may use specific contracts/clauses approved by the Information Regulator’s Office which give personal data the same protection it has in South Africa. 7.3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of South Africa.
  1. Data security
8.1. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed by using a secure, centralized CRM tool and stringent third-party security apps. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. 8.2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  1. Data retention
9.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 9.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, any other South African applicable law requiring us to retain the data and whether we can achieve those purposes through other means, and the applicable legal requirements. 9.3. Details of retention periods for different aspects of your personal data are available from us by contacting us. 9.4. In some circumstances you can ask us to delete your data; see below for further information. 9.5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
  1. Your legal rights
10.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data where we are the relevant “Responsible Party” over such personal data. Please contact us to find out more about, or manifest, these rights: 10.1.1. request access to your personal data; 10.1.2. request correction of your personal data; 10.1.3. request erasure of your personal data; 10.1.4. object to the processing of your personal data; 10.1.5. request a restriction of processing your personal data; 10.1.6. request transfer of your personal data; and/or 10.1.7. right to withdraw consent. 10.2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. 10.3. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 10.4. We try to respond to all legitimate requests within seven working days. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated on the expected timeframe.
  1. Glossary
11.1. Lawful Basis 11.1.1. Legitimate Interest means the interest of our organisation in conducting and managing our organisation to enable us to give you the best service and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. 11.1.2. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. 11.1.3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. 11.1.4. Express consent means the confirmed express consent you have provided to our processing of your personal data by actively accepting this Privacy Policy or providing consent when you register to become a reseller. 11.2. Third Parties 11.2.1. Internal Third Parties means other entities or parties in the Drainvac SA group acting as joint controllers or processors and who are based in South Africa and provide IT and system administration services and undertake reporting. 11.2.2. External Third Parties means: 11.2.2.1. Authorised third-party service providers under contract with Drainvac SA who need your personal information in order to contact and transact with you pursuant to your use of the Services; 11.2.2.2. specific third parties who have been referenced in the table above; 11.2.2.3. service providers acting as processors based in South Africa who provide IT and system administration services; 11.2.2.4. South African or other national governments and/or their respective authorities pursuant to our adherence with anti-corruption and crime-fighting legislation; and/or 11.2.2.5. professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as required.
  1. Your legal rights
12.1. You have the right to: 12.1.1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 12.1.2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 12.1.3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no valid reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal or operational reasons which will be communicated to you, if applicable, at the time of your request. 12.1.4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 12.1.5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 12.1.5.1. if you want us to establish the data’s accuracy; 12.1.5.2. where our use of the data is unlawful but you do not want us to erase it; 12.1.5.3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or 12.1.5.4. you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it. 12.1.6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform on a contract with you. 12.1.7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you if this is the case at the time you withdraw your consent. Please take note that regardless of your right to withdraw consent under POPI, other South African legislation applies and may require that we continue to process your data in order to comply with anti-corruption, crime-fighting and/or other national legislation, which you expressly understand and agree to.

Pricing Policy  
  • All quotes will remain valid for a period of 24 hours from the date of the quote or until the date of issue of a new price, whichever occurs first. The validity of any price is subject to availability and to any increases in the cost price, including currency fluctuations, of drainvac.co.za before dispatch of goods.
  • The Customer hereby confirms that the goods and services on the Tax invoice issued duly represent the goods and services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any visible defects.
  • All goods invoiced out for evaluation, approval or on a demonstration basis by the Customer are deemed sold if not returned within 5 working days of issue.
  • The Customer agrees to the standard prices of drainvac.co.za for any goods purchased or services rendered, as published in its ruling price list.
  • If at any time any amount of money due by the Customer to drainvac.co.za is overdue for payment, drainvac.co.za shall be entitled to suspend all deliveries to the Customer until all amounts are paid or, at the election of drainvac.co.za, to cancel all outstanding orders in either of which events the Customer shall have no claim against drainvac.co.za.
  • Prices are represented in South African Rand.
  • Prices are subject to change without prior notice.

Refund & Cancellation Policy
  • In the case of repairs undertaken by drainvac, repair times given are merely estimates and are not binding on drainvac; time is not of the essence of this agreement unless expressly agreed upon in writing by drainvac. drainvac shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any unforeseen costs and/or delayed repairs.
  • A full fault description must be completed to enable technical department to test and verify fault.
  • All defective merchandise returned to drainvac must be returned with all cables, power supplies, documentation etc.
  • drainvac is not responsible for the cost of returning any products to drainvac offices. For your protection, please insure the package and ship via a traceable method. drainvac is not responsible for lost or damaged packages.
  • If any of the above conditions are not met, drainvac reserves the right either to refuse the return, or to charge a restock fee of not less than 15%.
  • Acceptance of Products: drainvac shall conduct incoming acceptance inspection as soon as possible on receipt of products.

Delivery Policy
  • Any delivery notes or waybill or invoice (copy or original) signed by the Customer or a third party engaged to transport the goods and held by drainvac shall be prima facie proof that delivery was made to the Customer and are in accordance with the quality and quantity reflected thereon.
  • All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by drainvac. This notwithstanding, drainvac may, at its sole discretion, elect to accept and act upon telephonic orders and any variations to orders. drainvac however reserves the right to refuse delivery or collection of any order until placed in possession of a written order form.
  • drainvac shall be entitled to split the delivery of goods ordered in the quantities and on the dates, it decides with the prior consent of the Customer, which consent shall not be unreasonably withheld.
  • drainvac shall be entitled to invoice and deliver each order separately.
  • The risk of damage to or destruction of goods is passed to the Customer on signature of the delivery receipt upon delivery to the Customer or the Customer’s nominated representative and the Customer undertakes to insure the goods fully until paid for in full.
  • drainvac is hereby authorized to engage a third party on its behalf and on the terms deemed fit by drainvac to transport all goods purchased.
  • If the Customer chooses to engage in its own third party to transport the goods, the Customer indemnifies drainvac against any claims of whatsoever nature that may arise from such an agreement.
  • Delivery, installation, commencement and performance times that are given are merely estimates and are not binding on drainvac. drainvac warrants that it will use its best endeavours to meet such delivery times; time is not of the essence of this agreement unless expressly agreed upon in writing by drainvac. drainvac shall not be liable for any loss or damage of whatsoever nature which the Customer may suffer as a result of any incorrect or delayed delivery, tampering of installation, commencement or performance.
  • Invoices and deliveries will only be processed once payment has been cleared in drainvac account.
  • Deliveries will be scheduled in accordance with the weekly delivery schedule.
Exceptions:
  1. Stock shortages may result in delays or part delivery of orders.
  2. Public holidays or extraordinary events may result in a temporary adjustment of the delivery schedule
Orders for Collection from drainvac Premises:
  • Proof of Identification may be requested from the party collecting an order, please ensure that an original Driver’s license or Certified Identity document is available.
  • Please wait for confirmation of available stock from your sales rep prior to arranging collection.
Orders for Delivery:
  • By default, parcels will be sent with the most cost-effective service, unless otherwise specified by the customer.
  • The customer may select a faster delivery service and will be charged for this accordingly.
  • Extra surcharges will be for the customer’s account (e.g. fuel, outlying area, and drive away surcharge fees).
  • Delivery charges for every service are quoted during the checkout process and will be added to the invoice where applicable.
  • Delivery times are estimated and not a guarantee of the delivery date.
 
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