Last Revised: 28 April 2026
Please read the following Website Legal Notice carefully as it contains the Terms and Conditions
of Usage of the Bare Metal Marketing Website, Web pages or any part thereof (located at https://baremetalmarketing.co.za)
(the “Website”) as well as other important legal notices applicable to the end user accessing
the Website (“User”) or (“You”). You will be subject to the Website Legal Notice in force at the
time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on
the Website at the time of each of Your Website usage sessions shall govern the relevant session.
Enquiries: duane@baremetalmarketing.co.za
Bare Metal Marketing offers this website, including all information, tools and services available from this
site to you, the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here. The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
The User’s (Your) registration on and/or usage of the online information services contained on the
Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising
obligations towards Bare Metal Marketing. You are advised to regularly check these Terms and Conditions for any amendments
or updates. If these Terms of Service are considered an offer, acceptance is expressly limited to
these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service.
We reserve the right to refuse service to anyone for any reason at any time.
1.1 These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of
these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms
and Conditions and shall not affect the validity and enforceability of the remaining provisions.
1.2 Unless otherwise specified, the Website is intended for your personal use only. You may not authorise
others to use the Website, and you are responsible for all use of the website by you and by those you
allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18,
and Bare Metal Marketing does not knowingly collect personally identifiable information from users under the age of 18.
You are responsible for Your use of the Services and for any use of the Services made using your account and /or
made using the Website’s services or enquiry forms.
You agree not to access, copy, or otherwise use the Services beyond the permitted use hereunder.
When using Our Services, You agree that You will not
(1) copy or distribute any part of the Services, including by way of automated or non-automated "scraping";
(2) use any automated systems including "robots" and "spiders";
(3) interfere with or compromise Our systems’ integrity or decipher any server transmissions;
(4) impose any unreasonably large load on Our infrastructure;
(5) upload viruses or worms or any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Service or of any related website, other websites,
or the Internet;
(6) collect or retain any personally identifiable information contained in the Service all of which
shall be handled in accordance with the Protection of Personal Information Act 4 of 2013 ('POPIA').;
(7) access the Service by any means other than authorized herein, including virtual private networks
which are expressly forbidden;
(8) stalk, harass, bully or harm others harass, abuse, insult, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability;
(9) impersonate any person or entity;
(10) hack, pretext, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content.
Your continued access to Our Services are contingent on Your agreement to act in a professional manner
and in good faith;
(11) You may not use our products or services for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws);
(12) solicit others to perform or participate in any unlawful acts;
(13) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(14) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(15) submit false or misleading information;
(16) for any obscene or immoral purpose;
(17) to interfere with or circumvent the security features of the Service or any related website,
other websites, or the Internet.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
1.3 THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE
CONTENT IS AT THE DISCRETION AND RISK OF THE USER. BARE METAL MARKETING, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY
TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT,
HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. BARE METAL MARKETING SHALL ATTEMPT TO
MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, BARE METAL MARKETING TAKES NO RESPONSIBILITY FOR,
AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE
CONTROL OF BARE METAL MARKETING.
1.3.1 Further Limitations On Liability
Bare Metal Marketing is not liable for
(1) any Content posted on User's listings and Services offered;
(2) contracts or other obligations that may arise between Users;
(3) any damages that result through Your use of Our Services;
(4) any negative or critical comments that may be posted by other Users through the Services; or
(5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BARE METAL MARKETING BE LIABLE
FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR
SERVICE,
WHETHER OR NOT BARE METAL MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL
OR BODILY INJURY
OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS,
INTERACTIONS OR
MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE, ON ANY THEORY OF LIABILITY ARISING OUT OF, IN CONNECTION
WITH, OR RESULTING FROM
(1) THE USE OR INABILITY TO USE THE SERVICES;
(2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(3) ANY OTHER MATTER RELATED TO THE SERVICES.
1.3.2 Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of
new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIS AGREEMENT IS SUBJECT TO CHANGE BY BARE METAL MARKETING IN ITS SOLE DISCRETION AT ANY TIME.
When changes are made, We will make a new copy of the Agreement available by posting on Our Site or
through the Services.
We will also update the "Last Revised" date at the top of the Agreement.
If We make any material changes, and You have registered to use the Services, We may also notify you via
email or through the Services. Changes will be effective immediately for new users and will be effective
thirty (30) days after posting notice of such changes on the Site for existing users. Bare Metal Marketing may require
You to provide consent to the updated Agreement.
If You do not agree to any change(s) You agree to stop using the Services.
Your continued use of the Services constitutes Your acceptance of such change(s).
YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
1.4 The Website has not been tailored to any specific individual User’s requirements and is provided to
the public as a whole; based thereon the information contained on the Website is provided by Bare Metal Marketing
and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or
implied, including (but not limited to) any implied warranties of reliability, fitness for any particular
purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from
errors or inaccuracies. Bare Metal Marketing makes all reasonable efforts to ensure that all material and information
on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Bare Metal Marketing makes
no warranties or representations as to the accuracy of the content, information, and materials contained
in this Website which are provided to you, as is and as available.
We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate, more complete or more timely
sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents of this site at any time,
but we have no obligation to update any information on our site. You agree that it is your responsibility
to monitor changes to our site.
THE SERVICES ARE PROVIDED TO YOU AS IS.
BARE METAL MARKETING PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
BARE METAL MARKETING MAKES NO GUARENTEE THAT:
(1) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
(3) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
(4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
1.5 You hereby agree to defend, indemnify and hold Bare Metal Marketing, its officers, directors, members, employees,
agents, licensors, suppliers and stakeholders harmless from and against any claims, damages, actions,
losses and liabilities including without limitation: loss of profits, direct, indirect, incidental,
special, loss of data, consequential or punitive damages and any reasonable legal and/or accounting fees,
whether based in contract, tort (including negligence) resulting from,
(i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text,
images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors,
failures, delays in computer transmissions or network connections.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are
(except as expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
1.6 The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website
includes posting or transmission of data which violates or infringes in any way this Legal Notice or the
rights of Bare Metal Marketing or third parties, uses which are unlawful, defamatory or otherwise objectionable or
offensive in the discretion of Bare Metal Marketing or which constitutes advertising of goods or services in the absence
of written approval from Bare Metal Marketing. Unauthorised use of this Website may give rise to Bare Metal Marketing instituting a
claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or
be liable for civil damages.
1.7 Bare Metal Marketing may include or provide links to third party websites on the Internet.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
Such websites may provide opinions, recommendations, or other information from various individuals,
sponsors, organisations or companies.
In providing such links, Bare Metal Marketing does not investigate the content of such information nor endorse, guarantee,
warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such
opinions or recommendations. We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
1.8 Applicable Law, Jurisdiction and Arbitration:
1.8.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore
this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of
South Africa.
1.8.2. In the event of any legal dispute or action being brought in connection with this Agreement,
it is agreed that the venue of such action shall be Richards Bay, South Africa, and each party hereby
consents to the jurisdiction of the Magistrate’s Court of Richards Bay and/or the KwaZulu-Natal Division of the High Court
(exercising jurisdiction over the Richards Bay area)."
1.9.Website Intellectual Property:
This Website constitutes software and content (such as: images,
text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of
Bare Metal Marketing and/or various third parties and subject to the intellectual property laws of South Africa.
Further and to the extent that Bare Metal Marketing does not own specific content, or such content falls within
the public domain, Bare Metal Marketing may hold copyright in the selection, coordination, arrangement and enhancement
of such information on the Website. No rights and/or licence to Bare Metal Marketing’s intellectual property or the
intellectual property of third parties have been granted to You, unless otherwise indicated. The software
and content may not be used in violation of the intellectual property rights of Bare Metal Marketing and/or such third
parties as applicable. Without limitation on the prohibitions placed on the User, the User expressly agrees
not to:
1.9.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website
content without the prior written approval of Bare Metal Marketing or in the case of third party content, the owner
of that content;
1.9.2. claim or convey ownership of Website content either in its entirety or otherwise;
1.9.3. modify the Website content for the purposes of reposting to other websites;
1.9.4. alter or remove any trademark, copyright or other notice from the Website content;
1.9.5. copy or otherwise incorporate Website content into or store in any other website, electronic
retrieval system, publication or other work in any form; and/or
1.9.6. frame the Website or any part of the Website
1.10 Unsolicited Commercial Communications:
You agree not to collect or use any Personal Information
listed on the Website, pertaining to Website: Users, contributors, members, clients and/or executives
or advisors of Bare Metal Marketing for the purposes of transmitting and/or in any manner facilitating the transmission
of unsolicited commercial communications..
1.11 Software and Equipment:
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary
computer hardware, software, communication lines and Internet access accounts required to access the
Internet and the Website and/or download content from the Website.
1.12 Modifications to Prices and Services
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the service.
1.13 Products and Services
1.13.1 Certain products or services may be available exclusively online through the website. These products or services
may have limited quantities.
1.13.2 We reserve the right but are not obligated, to limit the sales of our products or services to any person,
geographic region or jurisdiction. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors save for prior agreement. We may exercise this right on
a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without
notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited.
1.13.3 We do not warrant that the quality of any products, services, information, or other material purchased or
obtained by you will meet your expectations, or that any errors in the Service will be corrected.
1.14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments;or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your comments will not contain
libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware
that could in any way affect the operation of the Service or any related website. You may not use a false
e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
1.15 INTELLECTUAL PROPERTY & OWNERSHIP OF DELIVERABLES
Notwithstanding anything to the contrary, all intellectual property rights, titles, and interests in and to the final deliverables
(including but not limited to website code, graphic designs, and marketing assets) shall transfer to the Client **only upon receipt of full
and final payment** of all invoiced amounts. Until such time, Bare Metal Marketing
remains the sole owner of all work produced.
Furthermore, Bare Metal Marketing retains all rights and ownership to any pre-existing code, templates, tools, or methodologies
('Background IP') used to create the deliverables. The Client is granted a non-exclusive,
non-transferable license to use such Background IP only as part of the final deliverables provided.
2 INFORMATION AND WEBSITE COMPLIANCE
The following information contains further information on Bare Metal Marketing and represents the information that must
be provided by Bare Metal Marketing to You in compliance with Section 43 of the South African Electronic Communications
and Transactions Act. You are advised to regularly check this section of the Website Legal Notice for any
amendments or updates.
Business Model: Sole Proprietorship
Owner: Duane Giliam
Bare Metal Marketing’s Website address and e-mail contact address:
https://baremetalmarketing.co.za
duane@baremetalmarketing.co.za
The place of registration:
South Africa
Alternative Dispute Resolution Code:
Without any restriction on Your rights to pursue legal recourse in the forum of Your choice as per
clause 1.8 of the Website Terms and Conditions of Usage, You agree that in the event of a dispute or
alleged breach of the terms hereof You will work together with Bare Metal Marketing in good faith to resolve the
matter internally by escalating it to higher levels of management prior to resorting to arbitration
alternatively the legal forum of your choice.
3. BARE METAL MARKETING TERMS OF SERVICE – ELECTRONIC TRANSACTIONS
The following section contains the terms and conditions applicable to electronic transactions.
You will be subject to the Terms in force at the time that You register and/or engage in an electronic
transaction. You are advised to download and store these Terms as well as all other documents in force
at the time You engage in an electronic transaction. You are advised to regularly check this section of
the Website Legal Notice for any amendments or updates.
3.1. Sign Up/Registration:
3.1.1. Bare Metal Marketing enables you to sign up online to receive Bare Metal Marketing’s services.
By signing up: You understand that You are entering into an electronic transaction; You warrant that
You have the legal capacity to enter into such transaction and You consent to the terms set out herein.
3.1.2. You warrant that all the Personal Information provided by You during the Sign up process is true,
correct and accurate made using the Website’s services or enquiry forms. You undertake to provide Bare Metal Marketing with written notification, to duane@baremetalmarketing.co.za ,
should any of Your Personal Information, required during the sign up process, change.
3.1.3. You may modify Your account by updating the Your Account tab on the Newsletter Subscription page.
Bare Metal Marketing will send a link to your email address to modify Your account. It is Your responsibility to apply
for the required modification to Your Account and to check Your email and activate the link to modify Your details.
3.2. Signing up to Newsletters: Upon signing up to Newsletters, Bare Metal Marketing will set up an Account for
You and You will be granted secure access to the Bare Metal Marketing website. Your email address will be Your
Username and You will have to choose a Password for Your Account, which information You undertake
to keep confidential.
3.3 LIMITATION OF LIABILITY: YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND/OR LIABLE FOR ALL THE
ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE SITE AND/OR SERVICE
If Your Account confidentiality has been compromised, it is Your responsibility to contact Bare Metal Marketing
immediately, by email to duane@baremetalmarketing.co.za , and Bare Metal Marketing will assist with the resetting of
Your Username and Password.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
3.4 ACCURACY OF BILLING AND ACCOUNT INFORMATION
Bare Metal Marketing reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. If, in the event that we make a change to, or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account and other information, including your email address and
credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
YOU AGREE TO INDEMNIFY BARE METAL MARKETING AGAINST ANY AND/OR ALL CLAIMS, DAMAGES, ACTIONS AND LIABILITIES
INCLUDING WITHOUT LIMITATION, YOUR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE TRANSACTIONS ON THE WEBSITE.
Bare Metal Marketing does not necessarily endorse, encourage or agree with comments, opinions, or statements
posted on forums, blogs or otherwise contained in the Website. Any information or material placed
online, including advice and opinions, are the views and responsibility of those who post the
statements and do not necessarily represent the views of Bare Metal Marketing .
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND,
AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND BARE METAL MARKETING HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT
OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH
THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
4 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No specified update or refresh
date applied in the Service or on any related website should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
5. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination
of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services
(or any part thereof).
6. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service
constitutes the entire agreement and understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.