1. Introduction

1. The current Terms C Conditions (“Terms”) are binding between DAB Pumps South Africa (hereinafter referred to as “DAB Pumps”), operating the website https://dabpumps.co.za/esycare-dab/ (the “Site”) and any web-user who is a consumer or a non-professional accessing or purchasing Coverage plans or related services through the Site (hereinafter referred to as “the Customer”).
2. By accessing or using the Site, you agree that you have read and understood and agree to be bound by these Terms and represent that you have the legal capacity to enter into this agreement.
3. If you do not agree with any part of these Terms, you shall not purchase any Services.

2. Definitions

1. early indicates otherwise, have the meanings set out below:
   • “We” / “Us” / “Our” refers to DAB Pumps South Africa (or its authorised legal entity operating the Site).
   • “You” / “User” / “Customer” who or which purchases the Service from the DAB Pumps through the Site, and shall also include, where applicable, any user accessing or using of the Site; the Customer is a consumer for the purposes of the “CPA”
   • “Product(s)” means any goods (e.g., pumps, accessories) sold or offered by DAB Pumps, whether online or through authorised partners.
   • “Service(s)” means any Product coverage plans, commissioning, repair, or technical support provided by us or by our authorised Service Providers and sold through the Site, as further described in Article 4 below.
   • “Service Provider(s) / Service Partner(s)” means any third-party entity or individual duly appointed and authorized by DAB Pumps to deliver maintenance, installation, repair, or technical support services on behalf of DAB Pumps, in accordance with these Terms and applicable laws.
   • “Content” means all materials on the Site, including text, graphics, images, videos, and other digital content.
   • “CPA” means the Consumer Protection Act, 68 of 2008.
2. Any use of the above terminology or other words in the singular, plural, capitalisation are taken as interchangeable and therefore as referring to the same.

3. Use of the Site

1. You may use the Site for lawful purposes and in compliance with our Terms of use incorporated by reference.

4. Sale of Services

Nature of Services: The Services offered via this specific Site consist primarily of Products Coverage plans, which may include inspection, repair, replacement of spare parts (where applicable), and technical assistance according to the specific plan purchased. The Esycare Coverage Plan provides protection for the Product against certain component failures. In addition, Esycare extends the standard

warranty period and includes remote support services, subject to specific terms and conditions.

1. Conditions of Provision for Esycare Coverage Plan
   1. Service Access: The Customer must make the pump available to our authorised service partner for inspection or repair at a mutually agreed location or deliver it to the service partner if required.
   2. Equipment Condition: Services apply only to pumps that are operational at the start of the plan or within 30 days of purchase. Pre-existing faults or damages will be excluded from the plan and will be quoted and charged separately.
   3. Third-Party Interference: The Service Provider is not liable for defects or failures resulting from unauthorised repairs, misuse, or alterations by third parties.
   4. Force Majeure: We will not be liable for delays or failures due to causes beyond our reasonable control, including but not limited to power outages, natural disasters, or supply shortages.
   5. Territory: Services apply only to equipment located within the borders Republic of South Africa.

Duration s Renewal: Each Coverage plan is valid for a 36-month period, unless otherwise specified. Renewal is not automatic. Customers may renew the plan through the Site prior to expiry thereof to maintain continuous coverage when and if this option become available.

5. Account Registration,

1. You must register an account on the Site to purchase a Service.
2. You agree to provide accurate, current, and complete information during the registration process and throughout the duration of your use of the Site and to comply with the FINANCIAL INTELLIGENCE CENTRE ACT, 2001 (Act No. 38 OF 2001 . Any false, misleading, or incomplete information may result in suspension or termination of your account and services.

1. You are solely responsible for maintaining the confidentiality and security of your login details, including your username and password. Any activity conducted under your account will be deemed to have been performed by you.
2. You must notify us immediately in writing of any unauthorised access, use, or breach of your account. Failure to do so may result in liability for any losses or damages incurred.
3. Registration is mandatory prerequisite for all purchases of Service offered through the Site.

6. Orders, Payments & Pricing

1. All Service orders placed via the Site are subject to acceptance by us. We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to cases of pricing errors, unavailability of services, or suspected fraudulent activity.
2. All prices displayed on the Site are expressed in South African Rand (ZAR) and are exclusive of applicable taxes, levies, or fees unless otherwise stated. Prices may be updated periodically without prior notice; however, confirmed orders will not be affected by subsequent price changes.
3. You agree to pay the full amount due upon purchase using one of the payment methods indicated on the Site (Credit Card as VISA- MASTERCARD, Payflex). Payment must be successfully processed before any Service is activated. Failure to complete payment may result in cancellation of the order and suspension of access to the Site.
4. Any promotional discounts or offers are subject to specific conditions and may be modified or withdrawn at any time without prior notice. Such changes will not affect orders already accepted.
5. In the event of any typographical, clerical, or system error in pricing or service description, DAB Pumps reserves the right to correct such errors and cancel any affected orders, with full refund of any amounts paid.

7. Service Activation & Delivery

1. No physical shipment applies to Service purchased through the Site. Service activation occurs only after full payment has been successfully processed and confirmed by us via email.
2. Upon activation, you will receive an official confirmation via email to the address provided during registration or checkout. This confirmation may include a service certificate, reference number, and details of the purchased plan.
3. Your Service becomes effective from the date of activation indicated in the confirmation email and remains valid for the duration specified in the plan terms.
4. Ownership of the Service and its benefits remains with DAB Pumps until full payment has been received.
5. Unauthorized transfer or assignment of the Service to third parties is strictly prohibited without prior written consent.

8. Cancellation, Refunds s Complaints

1. In accordance with Section 16 of the CPA, if the purchase of Services was concluded as a result of direct marketing, the Customer has the right to cancel the transaction without penalty within five (5) business days after the date of conclusion of the agreement.
2. To exercise this right, the Customer must provide written notice of cancellation to DAB Pumps within the prescribed period. Upon receipt of such notice, we will refund any amounts paid by you within 15 (fifteen) business days, subject to the following conditions:
   1. The refund will exclude any reasonable charges for services already rendered prior to cancellation, if applicable;
   2. The right to cancel does not apply where the Services have commenced with the Customer’s consent during the cooling-off period.
   3. If cancellation occurs before service activation, a full refund may be issued, less any reasonable administrative costs.
3. In accordance with Section 14 of the CPA, you may cancel a fixed-term service agreement at any time by giving us at least 20 business days’ prior written notice. Upon cancellation, we will refund any amounts paid for the remaining term minus a reasonable cancellation fee, based on the length of the contract and actual losses we have already incurred. However, no refund will be made for services already rendered or costs reasonably incurred prior to cancellation.
4. If we fail to provide the Services as agreed, you are entitled to a refund or corrective action in accordance with Section 54 of the CPA. This includes, where applicable, the right to require that the Services be performed to the agreed standard or to receive a proportionate refund for any part of the Services not delivered. To exercise this right, please contact DAB Pumps at service.za@dabpumps.com. We will acknowledge your complaint within five (5) business days and will take reasonable steps to resolve the matter promptly.

If the complaint is not resolved, you may refer it to the Consumer Goods and Services Ombud (CGSO) at www.cgso.org.za in accordance with the CPA.

9. Customer Responsibilities

1. As a Customer, you are responsible for:
   1. Ensuring the truthfulness, accuracy, and completeness of all information provided to us when placing your order;
   2. Your own choice of Service and its suitability for the intended purpose;
   3. Any communication costs incurred when contacting us;
   4. Any regulatory declarations or compliance obligations for which you are legally liable.
      
2. We shall not be held liable for non-performance or improper performance of the Service resulting from:

• an act or omission by the Customer;
• an unforeseeable and unavoidable act of a third party unrelated to us;
• a force majeure event.

10. Warranty

1. Services provided under these Terms shall be executed with due care, skill, and in accordance with generally accepted industry standards. The performance of such Services does not extend or modify any Manufacturer’s warranty applicable to Products or components. Any manufacturer’s warranty, where applicable, remains subject exclusively to its own terms and conditions as issued by the manufacturer.
2. We provide the Site and Services “as is” without any express or implied warranties. We do not guarantee that the Site or Services will:
   • meet your specific needs;
   • be available at all times;
   • be accurate, complete, or current;
   • be free from viruses or harmful components.
3. Except as expressly stated in these Terms, all other warranties, including any implied guarantees about quality, suitability, or legal compliance are disclaimed. We are not liable for interruptions, delays, or issues caused by internet or systems beyond our control.

11. Limitation of Liability

1. To the extent permitted by law, DAB Pumps shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, loss of data, or loss of goodwill, arising out of or in connection with the provision of services under this Terms, whether under contract or any other legal basis.
2. Our total aggregate liability to the Customer for any and all claims arising under or in connection with the Services shall be limited to the total amount paid by the Customer to us for the Services.

Nothing in these Terms limits our liability for death or personal injury caused by negligence, or any liability that cannot legally be excluded.

12. Copyright and Intellectual Property

1. All content on the Site, including its compilation, design, text, graphics, logos, and other materials, is either the property of DAB Pumps or used under its full legal right and authorization, and is protected by South African and international copyright laws.
2. Except as expressly permitted by law or with prior written consent from DAB Pumps, no content may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form or by any means. Any granted permission may be revoked at our sole discretion.

1. Users are prohibited from “mirroring” any content on other servers without prior written consent. Use of our logo or trademarks in links requires prior written approval.
2. All trademarks, copyrights, and other intellectual property rights in the Site content, unless clearly attributed to third parties, remain the exclusive property of DAB Pumps.

13. User Content & Feedback

1. By submitting feedback, reviews, or other content, you grant DAB Pumps a perpetual, worldwide, royalty-free licence to use and display such content.
2. You warrant that your submitted content is lawful, non-defamatory, and does not infringe any third-party rights.
3. We reserve the right to remove or edit any user-submitted content.

14. Privacy & Data Protection

1. Your use of the Site is also governed by our Privacy Policy and Cookie Policy, incorporated by reference.
2. We comply with the Protection of Personal Information Act (POPIA) and process your data only as necessary to fulfil transactions and provide Services.

You may request access to, correction, or deletion of your personal data in accordance with POPIA.

15. Cookies & Tracking

1. We use cookies to enhance functionality, analyse traffic, and improve user experience.

For details on managing or disabling cookies, refer to our Cookie Policy on the Site.

16. Third-Party Links & Services

1. We do not control third-party websites that may be directly or indirectly linked to the Site. Consequently, we cannot be held responsible for any information published on such websites. Links to third-party websites are provided on the Site for informational purposes only, and no warranty is given regarding their content.
2. The inclusion of any hyperlink on the Site shall not be construed as an endorsement, sponsorship, or affiliation by DAB Pumps with the linked website, its operators, or its content.

17. Suspension & Termination

1. We may suspend service delivery if the Customer fails to make payment within the agreed terms. Suspension does not affect the our right to terminate for breach.
   
2. We may immediately, and without notification, suspend the Services and your account if you engage in unlawful activities, violate our policies, or pose a security risk to the Site. If the breach is material and cannot be remedied within a reasonable period, which to be no longer than three (3) working day or if termination is required by law, we reserve the right to terminate the Services and your account with immediate effect.
3. We may temporarily stop services if events beyond our control, such as natural disasters, network outages, or governmental actions, make it impossible to provide them. Suspension will last only as long as necessary to remove the impediment.
4. Upon termination, you shall pay all amounts due for Services rendered up to the effective date of termination and we may immediately revoke access to the Services and delete your account, subject to any legal retention requirements.

18. Changes to Terms

1. DAB Pumps reserves the right to amend, modify, or update these Terms at any time to reflect changes in applicable law, regulatory requirements, or business operations.
2. Any revised Terms will be published on the Site and will indicate the updated “Last Updated” date. Such publication shall constitute sufficient notice to all Users.
3. Continued access to or use of the Site and Services after the effective date of any amendments shall be deemed full acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Site and Services.

19. Governing Law & Dispute Resolution

1. These Terms and any dispute arising from or in connection with them shall be governed by and construed in accordance with the laws of the Republic of South Africa, including the provisions of the CPA where applicable.
2. In the event of a dispute, the parties may first attempt to resolve the matter amicably through written negotiation. If unresolved within 30 (thirty) days, either party may refer the matter to:
   • The National Consumer Commission (NCC) or any other competent authority under the CPA; or
   • to the non-exclusive jurisdiction of the courts of Gauteng Province, South Africa.
     

20. Severability & Waiver
If any provision of these Terms is found to be invalid or unenforceable for any reason, that provision shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions. Failure by DAB Pumps to enforce any provision or exercise any right under these Terms shall not constitute a waiver of such provision or right, nor affect our ability to enforce it at any time thereafter.

21. Notices

1. All notices or communications under these Terms must be in writing (e.g., via email).
2. Notices to us should be sent to our registered address or official contact email outlined below.

22. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

• Email: service.za@dabpumps.com
• Tel: 012 361 2603 / 012 361 3997
• Address: Twenty One Industrial Estate, 16 Purlin Street North, Warehouse 4, Unit B, Olifantsfontein, 1667