Terms and Conditions
Please read these terms and conditions carefully before viewing our website.
The Clay Brick Association of South Africa is a non-profit organisation, with the mission of providing information to builders, architects and home owners on building, maintaining and selecting clay brick products. We undertake research into the safe, sustainable production of clay bricks and pavers. We prepare and distribute property owner guides and builders' technical manuals to educate South Africans on best practice in masonry construction.
All information provided on this website is accurate to the best of our knowledge, at the time of writing. The contributions of John Lane and Paul Boucher (Boutek division of CSIR) are gratefully acknowledged. In addition, the Clay Brick Association extends its thanks to: The Joint Structural Division of the South African Institution of Civil Engineering and the Institution of Structural Engineers for assistance and constructive comments over the years. The SABS, CSIR and NHBRC for access to information that have been used as a source of reference. Numerous other CBA members who have over the years, played a huge part in developing the Technical Materials of the Clay Brick Association.
The information provided in this website is intended to serve as an information resource. ClayBrick.org is neither able to warrant the suitability of the details and performance of any building material in a particular environment and does not accept any claims arising from this information. The responsibility for the correct specification and installation of masonry insulation materials and systems remains that of the building contractor and professional.
All technical information provided is for the benefit of construction professionals and brick-makers who have the requisite understanding of the National Building Regulations in order to be able to correctly apply the information. The Clay Brick Association will not be responsible for any aspect of any submission to local authority or consequent costs incurred as result of rejection of plan submissions.
All technical information is subject to changes in local, provincial and national building laws around noise, sustainability, energy-efficiency, insulation, strength etc. Please refer to the latest version of your appropriate building regulations.
Copyright specific disclaimers
This website has existed in some form since 2001, and receives press releases from architects, construction companies, developers, property owners, brick equipment suppliers and construction materials suppliers all over the world. Technical information and the diagrams, graphs, figures and photographs provided with these articles are received by us in good faith, and have been since our founding almost 60 years ago.
The Clay Brick Association does not sell its technical information and does not receive any commissions or fees for providing the information. We do not charge for advertising, and contact details provided on the website are our Members and their agents. Where we charge for physical books, these are for printing and postage, and electronic versions of the book are offered free. We do not profit from either the information received or images/diagrams used.
Recourse for copyright
- Technical information and the diagrams, graphs, figures and photographs provided with these articles are received by us in good faith.
- We do not profit from either the information received or images/diagrams used.
- If you should find a photograph or plan of a property that you now own or occupy and you do not wish it show to the public, please let us know and we will remove it.
- If any drawing, diagram or photograph is copyright to your organisation or company, please let us know and we will remove it.
- If any product or technical information we provide is patented by you, please let us know and we will remove it.
Claims under South African law
The Clay Brick Association of South Africa operates within the South African legal framework. Any and all disputes will only be acknowledged or considered if an official claim is made by an accredited legal authority, within South African law. Should any claim be successful, this will only be payable in South African Rands, to a South African Bank.
When dealing with a claim, it is particularly important to note the following:
- South African law does not allow a plaintiff to claim punitive damages from a defendant in a private claim, as this is seen as being contrary to public policy. A plaintiff is only entitled to the damages that he or she can prove that they have suffered.
- In the context of a delict, claims for pure economic (financial) loss, with no accompanying harm to an individual's person or property, are only available in limited circumstances.
- The Clay Brick Association provides technical information free. Where there is a charge for a physical book, these are for printing and postage, and electronic versions of the book are offered free. We do not profit from the information provided.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: South Africa
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Clay Brick Association of South Africa, 15A Riley Road, Bedfordview, Germiston 2007 .
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Claybrick.org, accessible from https://www.claybrick.org
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service or any technical information, drawing, diagram, specification, photograph, illustration or other graphic, you agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org