Terms & Conditions of Use

Welcome to the website operated by Wynn Oils SA (Pty) Ltd. (“Wynns”). This Website (the “Wynns Website” or the “Website”) provides general information about Wynns, and its products, free of charge to users in both South Africa and Africa.

All uses of the Wynns Website are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Wynns Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

Wynns may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of the Wynns Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink.

USE OF THE WYNNS WEBSITE

You agree to use the Wynns Website only for lawful purposes:

  1. Specifically you agree not to do any of the following: (1) upload to or transmit on the Wynns Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Wynns Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Wynns Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Wynns Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Wynns Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Wynns Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Wynns Website, or which, as determined by Wynns, may harm Wynns or users of the Wynns Website or expose them to liability.
  2. Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Wynns Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Wynns, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Wynns. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Wynns, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Wynns Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Wynns Website. You grant to Wynns the right to use all content you upload or otherwise transmit to the Wynns Website in any manner Wynns chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. Wynns reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Wynns Website which Wynns, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Wynns has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Wynns Website. However, Wynns can neither review all material before it is posted on the Wynns Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Wynns assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Wynns reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Wynns has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  4. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Wynns Website and may expose you to civil and/or criminal liability.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Wynns or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Wynns Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Wynns. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of Wynns, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Wynns Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Wynns or the applicable owner of such content. Except as expressly authorized by Wynns in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.

TRADEMARKS

The term “Wynns” is a trademark and the Wynns logo and all related product and service names, designs and slogans are Wynns trademarks. You may not use such marks without Wynns’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

DEALINGS WITH MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Wynns is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Wynns will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.

LIABILITY OF WYNNS AND ITS LICENSORS

WYNNS does not assume any liability for the materials, information and opinions provided on, or available through, the Wynns Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. WYNNS disclaims any liability for injury or damages resulting from the use of any Site Content.

THE WYNNS WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER WYNNS NOR ANY PERSON ASSOCIATED WITH WYNNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WYNNS WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WYNNS NOR ANYONE ASSOCIATED WITH WYNNS WARRANTS OR REPRESENTS THAT THE WYNNS WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WYNNS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WYNNS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WYNNS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL WYNNS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WYNNS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WYNNS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY WYNNS AND WHETHER OR NOT WYNNS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless Wynns and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Wynns Website or the delivery of products, services or information over the Wynns Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Wynns Website or any products, services or information obtained from this Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO WYNNS; PROTECTION OF PERSONAL INFORMATION

Wynns’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy which is located at Wynns’s Privacy Policy Web Page and is incorporated by reference into these Terms of Use.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Wynns reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. Wynns reserves the right to investigate suspected violations of these Terms of Use.

Wynns reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Wynns to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS WYNNS AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WYNNS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WYNNS OR LAW ENFORCEMENT AUTHORITIES.

COMMENTS AND SUBMISSIONS

Wynns welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Wynns’s property, and you agree that all intellectual property rights therein are transferred to Wynns. You understand that any postings to publicly available portions of the Wynns Website are non-confidential for all purposes.

LINKS TO OTHER SITES

The Wynns Website may contain links to other websites on the Internet. Wynns is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Wynns Website or third-party advertisements, and Wynns does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

COMPLIANCE

The owner of this Website is based in the Republic of South Africa. Wynns makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws

CONTACT

Please contact info@wynns.co.za if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Wynns with respect to the Wynns Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Wynns Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Wynns Website shall be in the state or courts located in the Republic of South Africa. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership or agency relationship exists between you and Wynns as a result of these Terms of Use or your use of this Website.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

WYNNS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Wynns nor any trade practices shall be deemed to modify these Terms of Use.Wynns may revise these Terms of Use at any time by updating this posting. These Terms of Use were last updated on May 1, 2017.

Privacy Statement

Wynn Oil SA (Pty) Ltd. (“Wynns,” “we” or “us”) respects your personal privacy and is committed to adhering to the applicable privacy and data protection laws and industry guidelines. This privacy policy (“Privacy Policy”) describes how we handle the personal information that you to provide to us on this website (the “Website”). This policy applies only to the Wynns Website and not to any third-party sites that may be accessible from here.

This Privacy Policy applies, in general, to all websites operated by or on behalf of Wynns and its business units worldwide. However, you should see the applicable terms of each business unit website for the specific terms of use for each website.

1. Information Wynns collects from you and how they use it

YOUR CONSENT

By using Wynns’s Website or providing personal information to us, you are consenting to the collection, use and disclosure of your personal information described in this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information as described in this Privacy Policy, do not use the Wynns Website or contact Wynns pursuant to Section 5 below.

ACTIVE INFORMATION COLLECTION

Like many other web sites, we actively collect information from our visitors both by asking specific questions on this Website and by permitting you to communicate directly with us via e-mail. Some of the information that you submit may be personally identifiable (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, etc.). When you visit the Web Site, we will not collect any personally identifiable information about you unless you provide it to us voluntarily.  Wynns uses this information for the purposes for which you provide it. For example, if you provide your resume to Wynns for purposes of obtaining employment, the resume will be used for activities related to your potential employment.

PASSIVE INFORMATION COLLECTION

Some of the information we collect depends on the settings on your web browser. Please check your web browser if you want to learn what information your browser sends or how to change your settings. In addition to the information sent by your web browser, as you navigate through a web site, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.

Like most web site operators, we track IP addresses, use session, persistent, and flash cookies or any other successor tracker technology, and assign Internet tags. Our system also automatically gathers information about the areas you visit on this Website and collects operational information about the technology you use, such as your browser, type of computer, operating systems, Internet service providers, and the domain name of the web site from which you linked to this Website.

We reserve the right to use electronic images known as web beacons, also referred to as single-pixel gifs, and any other successor technology, that permit us to count users who have visited certain Website pages and for other related statistics (e.g., recording the popularity of certain Website content and verifying system and server integrity). Web beacons are not used to access your personal information on this Website; they are solely used to compile aggregated statistics concerning the use of this Website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view and a description of the page on which the web beacon resides.

We passively collect information to understand what areas of this Website are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps us to update and improve this Website. We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

LIMITATIONS ON THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

To the extent required by applicable law, whenever Wynns collects personal information on the Wynns Website, Wynns will:

RETENTION OF PERSONAL INFORMATION

Wynns retains the personal information collected on the Website as long as necessary to provide the services, products and information you request or as permitted by applicable law.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose personally identifiable information you provide via this Website to third parties, but only:

We do not otherwise distribute to third parties your personally identifiable information. However, we will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

We may provide aggregate statistics about our customers, sales, online traffic patterns, and related information to reputable third parties, but these statistics will not include any personally identifying information.

2. Choices you have about how Wynns uses your information

We strive to provide you with as many choices and as much control as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

You may also send us an e-mail message at info@wynns.co.za to request access to, correct or delete any personal information that you have provided to us. To protect your privacy, we will only respond to e-mail messages sent from the e-mail account you used to set up your account. Should you elect to have your information deleted, we will also delete your user account. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Website may then be inaccessible or not function properly.

If you do not want any information collected, then you should choose not to use the Wynns Website.

3. How Wynns protects your information

We work hard to protect your personal information. Wynns will not sell personal information collected from its Website to mailing list brokers without your express consent. All information is stored within a secured database that is not accessible to the outside world. Resumes are stored on file systems that are not publicly accessible. All Wynns servers are protected behind both hardware and software firewalls. Low-level access to all information is restricted to authorized support personnel only.

The safety and security of your information also depend on you.  Never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of this Website before you leave your computer.

This Website contains links to other web sites operated by third parties that may be of interest to you. We cannot control these third-party sites, which may collect personal information from you. When you follow a link and leave this Website, you do so at your own risk. We encourage you to read that party’s privacy policy or contact them directly regarding their privacy practices.

4. What Wynns does about children visiting this website

This Website is not intended for children under the age of 13. We will not knowingly collect information from Website visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If your child has submitted personal information and you would like to request that such information be deleted from our records, you may do so by using the feedback mechanisms provided at a particular Wynns web site, by clicking on the feedback link or by writing us at the address set forth in Section 5 below.

5. How you can contact Wynns

If you have any questions, comments or concerns about this Privacy Policy or the information practices of this Website, please contact us at:

Wynns Oil SA (Pty) Ltd.
22 Mopedi Road
Sebenza, Edenvale
+27 11 609 3708

6. Changes in the policy

Wynns reserves the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of this Privacy Policy on this Wynns Website. If we modify this Privacy Policy, the modifications will only apply to personal information we collect after we have posted the revised Privacy Policy on this Website.

This Privacy Policy was last revised on May 1, 2017.