Terms and Conditions

1.1

"Reactore" and/or "we" and/or "us" and/or "our" means Reactore Solutions (Pty) Ltd (Registration Number: 2013/076669/07);

1.2

"this website" or "the website" means www.reactore.com and/or all sub-pages thereof but excluding links to external sites;

1.3

"user" and/or "you" and/or "your" means any person who accesses this website. If you are accessing this website on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to the Terms (or any other terms and conditions you may conclude with us), in which case the terms "user" and/or "you" and/or "your" shall refer to such entity.

2.1

By accessing and/or using this website, you agree to be bound by the terms and conditions herein contained ("the Terms"). Reactore may at any time and in its sole discretion amend any of the Terms and such amended Terms will immediately supersede and replace any previous Terms. The amended Terms will be made available on the website. Each time you access the website, you agree to be bound by the Terms, as may be amended from time to time. You are accordingly responsible for regularly reviewing these Terms. Your continued use of this website after any such amendments shall constitute your consent to such amendments.

2.2

Minors (i.e. persons under 18 (Eighteen) years of age), may not utilise this website. Should you be under the age of 18 (Eighteen), kindly ensure that your parent or guardian utilises this website.

2.3

Use of this website is strictly at the sole risk of the user.

2.4

Users wishing to use website content for their own commercial purposes may only do so with the prior written permission of Reactore. Requests for commercial use may be submitted to info@reactore.com. The granting or refusing of permission is completely within the discretion of Reactore and may be conditional.

2.5

Any use of the content or any other part of this website, including any content sent to users, must be clearly accompanied by the following: "© Reactore Solutions (Pty) Ltd [2024]. All rights reserved.".

2.6

Users acknowledge that it is their responsibility to familiarise themselves with any amendment to, or alteration of, the Terms.

2.7

You may only use this website in accordance with these Terms and, in any event, for lawful and proper purposes, which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa (“RSA”) or other jurisdiction from which you are accessing this website.

3.1

The full name and status of Reactore is Reactore Solutions (Pty) Ltd (Registration Number: 2013/076669/07), a private company duly incorporated in accordance with the laws of the RSA, whose full and further details appear hereunder:

3.1.1. Director: Christiaan Barnard;

3.1.2. Telephone Number: +27 (0) 21 418 9922;

3.1.3. Physical address: Unit 1, Eaton House, 24 Park Lane, Century City, 7441, RSA;

3.1.4. E-mail address: info@reactore.com

3.2

The website enables users to obtain detailed information about our products, services, solutions and contact details.

3.3

Records of transactions: No transactions are intended to be concluded via this website.

3.4

Further supplier information and required disclosures in terms of section 43 of the ECT Act are more fully dealt with in the Terms or on the website.

5.1

This entire website, including text, images, links, downloads and coding, and all content, is provided "as is" and "as available". Reactore makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.

5.2

To the fullest extent possible under law, Reactore, its directors, officers, related and inter-related parties (including its holding and subsidiary companies), employees, associates, suppliers, ISPs, partners, affiliates and agents (collectively, “the Reactore parties”) accept no liability whatsoever for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages, losses or costs of any type or kind (including loss of data, revenue, profits, goodwill, use or other economic advantage) arising out of or in connection with or in relation to this website or these Terms, including any information made available on (or by means of) the website (or any of the pages therein contained) and/or transactions or actions resulting therefrom, even if the Reactore parties (or any of them) had been previously advised of the possibility of such damages, losses or costs or could have reasonably foreseen them. This limitation of liability section applies whether the alleged liability is based on contract, delict (tort), negligence, strict liability, or any other basis.

5.3

Reactore does not warrant or represent that:

5.3.1. your access to the website, or the use of any products or services provided via this website (if any), will be secure, timely, uninterrupted or error-free; or

5.3.2. any information, data, content, software or other material accessible through this website are or will be free of bugs, viruses, worms, trojan horses or other harmful components; or

5.3.3. the quality of any products, services, information, or other material purchased or obtained by you through the website (if any), will meet your requirements or expectations; or

5.3.4. any stored data will be accurate or reliable; or

5.3.5. errors or defects will be corrected.

5.4

The Reactore parties give no representation, warranty, or guarantee, express or implied, in respect of any products or services provided via the website, if any (including warranties as to the fitness for purpose, quality, condition, serviceability, reliability, timeliness, suitability, truth, availability, accuracy, completeness, non-infringement of third-party rights, or otherwise), which are hereby disclaimed to the maximum extent permitted by applicable law.

5.5

Reactore has no control over third party content and features which can be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the Reactore parties disclaim any liability whatsoever for any loss or damage arising from the use of third-party websites, contents and features.

5.6

If any limitation of liability in these Terms is held to be ineffective or is disallowed for any reason whatsoever, the maximum aggregate liability of Reactore to you for any and all claims arising out of or relating to the website and/or these Terms and/or any other agreement concluded with you shall not exceed the total amount paid by you to Reactore to use any services via the website during the 12 (twelve) months prior to the date of the 1st (first) such claim. To the maximum extent permitted in law, no action arising out of these Terms, regardless of form, may be brought more than 1 (one) year after the date the cause of action has arisen.

6.1

The user agrees to indemnify, defend and hold harmless the Reactore parties from and against any and all direct or indirect liabilities, losses, claims, proceedings, actions and expenses (including reasonable legal fees) arising out of or in connection with or in relation to:

6.1.1. any claim by any third party arising out of or in connection with the user’s use of this website, third party websites, or any products or services (if any) offered through such websites in any way, including but not limited to the content of any such websites;

6.1.2. your breach of these Terms, any agreement concluded between you and Reactore or any law, rule, regulation or treaty; or

6.1.3. any noncompliance with export control regulations; or

6.1.4. an (alleged) claim that you violated any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or

6.1.5. third-party claims on account of a deficiency in a product or service (if any) delivered by you to a third party that consisted in part of hardware, software, websites, databases or other materials supplied by Reactore.

7.1

Data messages, including e-mail messages, sent by users to Reactore shall be deemed to be received only when acknowledged or responded to.

7.2

A data message sent by Reactore to a user shall 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.

7.3

Reactore reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

7.4

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Reactore is therefore not responsible for accuracy of any message sent by email over the internet – whether from Reactore to you, or from you to Reactore.

9.1

While Reactore takes all reasonable security precautions in connection with the website, no liability will lie with any of the Reactore Parties for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this website.

9.2

The following acts in connection with this website are expressly prohibited:

9.2.1. gaining or attempting to gain unauthorised access to any web page or part of this website;

9.2.2. delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or

9.2.3. any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.

9.3

Reactore may pursue the prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorised access to any page on or part of this website.

10.1

All intellectual property rights, including without limitation patent, trademark, and copyright in all information, software, documentation, images, source codes, the structure, sequence, and organization of the software and other original material contained in this website which is not attributed to a third party, and all content, are held by or licensed to Reactore and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and/or other intellectual property rights.

10.2

1Reactore grants to users a personal, non-exclusive, non-assignable and non-transferable license to print and display all content and information contained in this website on any machine of which the user is the primary user for non-commercial purposes only.

10.3

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website (unless attributed to a third party) are registered and unregistered trademarks of Reactore’s licensors. Subject to the rights afforded to the user herein, all of Reactore's licensor’s intellectual property rights (including any moral rights) remain at all times expressly reserved. Save as aforesaid, nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Reactore.

10.4

In particular, you agree that you will not:

10.4.1. post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal;

10.4.2. use this website in a manner which causes, or may cause, an infringement of the rights of any other person;

10.4.3. use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;

10.4.4. deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code.

10.5

By posting or submitting information (including any comments) on, or to, this website, you warrant that any such information submitted or posted by you (as the case may be) to or on the website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right. Any comments uploaded by users constitute the opinions of such users and do not in any way represent the views, beliefs, opinions or values of Reactore. Reactore reserves the right to moderate (and it its sole discretion remove) any comments uploaded by users from time to time. You are not required to provide feedback or comments (including suggestions, ideas, enhancement (requests), recommendations or other feedback) to us about this website, but to the extent that you do, you grant to us a perpetual, fully paid, non-royalty bearing, worldwide, and unrestricted license to use that feedback and those comments for any business purpose.

10.6

Reactore reserves the right to make improvements or changes to the intellectual property, information, artwork, editorial content, graphics and other materials on this website.

10.7

If you believe that this site in any way infringes a third-party copyright or other intellectual property right please contact us immediately specifying the full details of the alleged infringement.

12.1

This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations including, for the avoidance of any doubt, the Consumer Protection Act 68 of 2008 (“CPA”).

12.2

The Reactore parties accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

13.1

Any third-party site may link to this website provided that such a link is directed at the homepage of this website. It is expressly prohibited for any person, business or entity to link to any page other than the homepage of this website without the prior written approval of Reactore first being obtained.

13.2

Permission to link to this website is given without assumption of any liability. Reactore reserves the right to withdraw permission granted to link to this website at any time and for any reason.

13.3

Hyperlinks and/or advertisements contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. Reactore in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website.

13.4

Reactore does not endorse the views, opinions and recommendations included in any website linked to this website.

13.5

Use of the sites or pages linked to this website is accordingly exclusively at the risk of the user.

13.6

The express permission in writing of Reactore, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for permission can be submitted through e-mailing info@reactore.com.

14.1

Reactore regards the action or inaction of a user to constitute a breach of these Terms; or

14.2

Reactore regards the action or inaction of a user to constitute abuse of the products or services (if any) offered through this website; or

14.3

Events beyond the reasonable control of Reactore, including technical failures, prevent the continuing provision of the website.

15.1

The user hereby agrees that the law applicable to these Terms, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the RSA.

15.2

This website is owned within the RSA.

15.3

When using this website and agreeing to these Terms such use and agreement is deemed to have taken place in Cape Town, South Africa.

15.4

Users of this website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the ECT Act.

16.1

Reactore may give notices by way of electronic mail to your e-mail address on record in Reactore’s account information, or by written communication sent by mail or registered post to your address on record in Reactore’s account information.

16.2

Such notice shall be deemed to have been given upon the expiration of 5 (Five) days after mailing or posting, or 1 (One) hour after the time of transmission, providing the day of transmission is a business day (being any day other than a Saturday, Sunday or a public holiday in RSA) or otherwise on the next following business day (if sent by email).

16.3

You may give notice to Reactore (such notice shall be deemed given when received by Reactore) at any time by any of the following: letter delivered by prepaid registered post at the following address: Unit 803, 8th Floor, Touchstone House, 7 Bree Street, Cape Town, 8001, RSA, addressed to the attention of the Chief Executive Officer; or email sent to info@reactore.com.

17.1

The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this website, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.

17.2

Not withstanding the above Reactore may, in its own discretion, elect to proceed with any claim, application or action in the High Court of South Africa (Western Cape Division, Cape Town) or any other Court of competent jurisdiction and, to the extent necessary, the user accepts such jurisdiction.

17.3

The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by Reactore as a result of any breach of these Terms or any additional terms and conditions contained on this website.

18.1

No indulgence, leniency or extension of time granted by Reactore shall constitute a waiver of any of Reactore's rights under these Terms and, accordingly, Reactore is not precluded as a consequence 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.

18.2

Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

18.3

In these Terms, the word "including" shall mean "including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word", and the word "include" and its derivatives shall be construed accordingly.

18.4

The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  

18.5

Reactore may cede its rights and/or delegate its obligations under these Terms without your prior written consent. You may not cede your rights and/or delegate your obligations under these Terms without Reactore’s prior written consent, which shall not be unreasonably withheld. Any transfer or assignment in violation of this section shall be null and void. Any actual or proposed change in control of you that results or would result in a direct competitor of Reactore directly or indirectly controlling you shall entitle Reactore to terminate the Agreement or (any rights delivered from) these Terms immediately upon written notice.

18.6

To the extent necessary in law, if any of the provisions in these Terms constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of any person who is not a party hereto, the benefit thereof may be accepted by such person at any time, from time to time.

18.7

Reactore shall not be bound to fulfill any obligation if prevented from doing so by force majeure or any other event beyond its reasonable control. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures government restrictions (including the denial or cancelation of any export, import or other license), war, revolution and/or any similar state, mandatory compliance with any direction, request or order of any person having or appearing to have authority, whether for defense or other Governmental or national purpose, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, pandemic, epidemic, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfillment by suppliers of Reactore or force majeure on the part of suppliers of Reactore.

18.8

All obligations of the parties which expressly or by their nature survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their nature expire.

18.9

Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof will 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 (including, without limitation, the CPA and any regulations thereto) 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 will 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 will continue to be given full force and effect and bind the parties hereto.

18.10

No term or condition of these Terms is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.9 with the necessary changes being made (“mutatis mutandis”)

18.11

If any provision of these Terms is found by any Court to be unfair as contemplated in Regulation 44 to the CPA (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 18.9 mutatis mutandis.