READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

Privacy Policy

1.1 For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

1.2 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

1.3 In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation services, users may be asked to provide the following information (Personal Information):

1.3.1First Name

1.3.2Surname

1.3.3Email

1.3.4 Phone Number

1.3.5 Company/CC/Business Name

1.4 We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, lead generation, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your

specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.

1.5 We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

1.6 By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

1.6.1        The provision and performance of our services to you

1.6.2        The provision of marketing related services to you by us

1.6.3        Responding to any queries or requests you may have

1.7      Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.

1.8 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

1.9 We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.

1.10 Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

1.11 The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

1.12 We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.

1.13 We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

1.14 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.

Your Rights

2.1 A user has the right:

2.1.1 of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.5.3 below;

2.1.2 to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;

2.1.3 of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;

2.1.4 to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;

2.1.5 if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in their territory;

2.1.6   to withdraw their consent at any time, if processing of Personal Information is based on consent;

2.1.7   to object to processing of Personal Information, if such processing is based on legitimate interests; and

2.1.8   to object to the processing of Personal Information for direct marketing purposes.

                  Disclosure of Personal Information

3.1 We do not disclose your Personal Information to anyone outside Party.

Log Files

4.1 When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages

on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

Cookies

5.1 We use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:

5.1.1 “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

5.1.2 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.

Links from the website

6.1 The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.

6.2 Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.

6.3 We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.

6.4 Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)

7.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.

7.2 Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.

7.3 Users acknowledge that     electronic signatures, encryption and/or

authentication are not required for valid electronic communications between us and users.

7.4 Information to be provided in terms of section 43(1) of the ECT Act:

7.4.1 Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.

7.4.2 This Website is owned and operated by ABYX chemical manufactures (Pty) Ltd.

7.5 Address for service of legal documents: 344 Zasm St, Waltloo, Pretoria, 01847.5.1

Contact Number: 012 803 2315

7.5.2 Website – located at https://www.abyx.co.za/

7.5.3 Email address: info@abyx.co.za

Lodging of Complaints

8.1 We only process your Personal Information in compliance with this Privacy Policy and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how we have handled your Personal Information, you have the right to lodge a complaint with the supervisory authority in your country.

Quotations remain valid for 7 days from the quotation date.
Prices only valid on the quantity specified.
Delivery fee not included.
If you are satisfied with the quotation, please send us an official order.
Upon receipt of your order, we will send you a pro-forma invoice and our bank details for payment.
As soon as your payment reflects in our bank, we will confirm a delivery date.
After payment has been received, no refunds / changes can be made once products have been ordered or manufactured.
Should any products be returned a 10% handling fee will be charged.
Products are not SABS Approved.

Payment due in advance: When the payment reflects in our bank account, goods will be scheduled for delivery or collection. Should you wish to collect, payment can also be made via our card payment facility in the sales office. We regret that we do not accept cash payments. Cash is an invitation for criminals, we value the personal safety of our customers and our staff, hence this decision.

No goods will be dispatched without a confirmed payment.

Products purchased in bulk are available from our Sales Warehouse with a minimum container size of 20L.
Clients are to ensure that the containers are clean when delivered to ABYX to be refilled.
Warehouse staff are not responsible for cleaning the containers.
Containers are to be clearly marked with your company details.
Bulk will only be packed after the payment for the order is cleared in our bank account.
No returns can be accepted on bulk products except where an incorrect product was supplied by ABYX different to that shown on the ABYX invoice.
Whilst customer service is our top priority, we reserve the right to refuse the return of merchandise at any time and for any reason.

PAYMENT FOR STOCK

OPTION 1

Payment  strictly on a Cash before delivery basis.
Payment should be made by EFT or credit card, and proof of payment should be emailed to sales@abyx.co.za and the EFT payment must reflect in our bank before any goods can be delivered or collected.
Payments are to be made into the bank account as reflected on your invoice with the relevant customer reference number.

OPTION 2

If you are an account customer, you must have available credit available on your account and your account must be within the terms of our agreement.

DELIVERY FEES

All stock sent via courier will incur a courier fee, which varies, depending on location.
This charge is payable by the customer

SUSPENSION

ABYX Chemical Manufacturing (Pty) Ltd reserves the right to suspend, withhold or terminate any transaction if payment is not made according to the above requirements
All tampering with our product label and or product content will result in suspension of your stockist status

ORDERS AND DELIVERY

Orders may be placed using any of the following methods:

• Send an e-mail to sales@abyx.co.za
• Orders may also be whatsapped to 083 338 1970

All orders will be captured on a pro-forma invoice which is then sent to the Stockist for approval and payment.
Please ensure that the pro-forma invoice is correct in all regards before making payment.
Should you want to make changes, or ordered the incorrect product or have a query, now is the time to make corrections.
Please send your query back in writing to sales@abyx.co.za or WhatsApp to 083 338 1970 or phone the sales representative who assisted you.
Processing of the final order will be done after the funds reflect in our bank account.
Depending on stock availability, delivery lead time is 3-4 working days after the payment reflects in our bank account.
Any changes will be communicated timeously by ABYX to the stockist

RETURNS

All returns will incur a 10 % handling fee of the value of the returned product.
The handling fee will be waived if the stock has been received damaged or leaking, provided that this is written on the delivery note at the time of receiving the goods.
Stock purchased on a promotion will not be returnable.
Stock ordered may not be returned based on product expiry.
Stockists should order according to demand and rotate stock accordingly.

STOCKIST OBLIGATIONS

The Stockist should prioritise and promote the ABYX Brand as far as possible.
The Stockist will benefit by keeping up to date with the latest products offered or discontinued by ABYX.
This can be achieved by communicating with our Sales office or by using our website.
The Stockist should not make false or misleading claims regarding the ABYX products.
The Stockist may not decant any ABYX products into any other container, add any other materials to the ABYX product or dilute any of the originally supplied ABYX stock
The Stockist may not use ABYX containers to store any other brand of product.
The Stockist must inform ABYX timeously in writing of any change of ownership.

Terms & Conditions

• The returned container is filled with the same replacement product.
• Only ABYX 5lt, and 25lt containers presently refilled.
• All containers are clean and with working fitted container cap.
• Customers will receive a credit against returned containers which will be offset on eligible product purchased, made at the same time.
• ABYX will not keep a record of returned containers for credit at a later time.
• ABYX reserves the right to refuse containers if it is felt that they cannot be re-used.
• Customers can buy their own containers for refill, these containers remain the property of the customer. Refilling of these containers will need a longer lead time, this is ideal for customers who buy products on a regular schedule, can return empty containers on delivery of full containers.

Reuse plastics to create a circular economy for plastic.

ABYX can only supply goods on a C.O.D basis under the following terms and conditions.

• Upon receiving our pro-forma invoice, please pay the full amount due
• Delivery can only be scheduled once your payment reflects in our bank account
• Payments from Nedbank and FNB may take longer to reflect.
• For your convenience ABYX banks with Standard Bank.
• Please note that Standard Bank to Standard Bank payments occasionally do not reflect immediately.
• If possible, place orders well in advance, so that we can verify the payment in our account.
• All goods remain the property of ABYX Chemical Manufacturing until the full, cleared and verified payment is received from the customer.
• Any discrepancy in quantity(quantities) must be identified at the time of delivery and brought to our attention immediately and indicated in writing on the Delivery note/Invoice

Welcome to ABYX Chemical Company!

These terms and conditions outline the rules and regulations for the use of ABYX Chemical Company’s Website, located at https://abyx.co.za/.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use ABYX Chemical Company if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing ABYX Chemical Company, you agreed to use cookies in agreement with the ABYX Chemical Company’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, ABYX Chemical Company and/or its licensors own the intellectual property rights for all material on ABYX Chemical Company. All intellectual property rights are reserved. You may access this from ABYX Chemical Company for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from ABYX Chemical Company
• Sell, rent or sub-license material from ABYX Chemical Company
• Reproduce, duplicate or copy material from ABYX Chemical Company
• Redistribute content from ABYX Chemical Company

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. ABYX Chemical Company does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of ABYX Chemical Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, ABYX Chemical Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

ABYX Chemical Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant ABYX Chemical Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of ABYX Chemical Company; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to ABYX Chemical Company. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of ABYX Chemical Company’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

This email and any attachments are confidential and private in nature. The information contained in this email and any attachments thereto are subject to legal privilege and protected by law. The information is for information purposes only and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of ABYX CHEMICALS (PTY) LTD and ABYX CHEMICALS (PTY) LTD therefore does not accept liability for any claims, loss or damages of whatsoever nature, arising as a result of the reliance on such information by anyone. If you are not the intended recipient, you are requested to delete this entire communication immediately and are notified that any disclosure, copying or distribution of or taking any action based on this information is prohibited and may be unlawful.

This email cannot be guaranteed to be secure or free of errors or viruses.

ABYX CHEMICALS (PTY) LTD does not accept any liability or responsibility for any claims, loss or damages of whatever nature, including but not limited to, interception, corruption, destruction, loss, late arrival or incompleteness of or tampering or interference with any of the information contained in this email or for its incorrect delivery or non-delivery for whatsoever reason or for its effect on any electronic device of the recipient.
Please note that this email and/or the document/s attached contains personal information of relevant parties and is forwarded to you as part of the necessary business processes applicable. In using the information, you are required to adhere to the relevant POPIA guidelines at all times which include the non-distribution of information to unauthorised parties”

Information contained in this e-mail and any attachments is intended for the use of the person(s) to whom it was addressed. If you are not the addressee, you may not copy, forward, disclose or deliver this message or any part of it to anyone else. If you receive this e-mail in error, please delete the mail. ABYX CHEMICALS (PTY) LTD disclaims all liability for any loss, damage or expense however caused, arising from the use or reliance upon the information provided through this service.

To Existing Clients: Personal Information previously provided to our offices have been processed in terms of our Privacy Policy and will be protected in terms of POPIA. In the event that you object to the processing of your Personal Information held by our offices, you are welcome to inform us thereof. Should we not receive any objection, we draw the inference that you consent to our Privacy Policy.