Limitation of Liability Policy

1. Parties

This policy governs the relationship between BARTEC Safety (Pty) Ltd, a company registered in the Republic of South Africa and forming part of the Experitus Group ("BARTEC Safety", "we", "us"), and any registered business entity accessing the ExSafe portal ("Client", "you"). By accessing or using this portal, the Client agrees to be bound by the terms set out herein.

2. Nature of the Platform

ExSafe is a proprietary, invite-only B2B order management portal. It is provided exclusively to authorised representatives of registered business clients of BARTEC Safety for the purpose of viewing, tracking, and communicating about orders. The platform is provided "as is" and "as available" without warranties of any kind beyond those required by applicable South African law.

3. Disclaimer of Warranties

To the fullest extent permitted under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Consumer Protection Act 68 of 2008 (CPA) (noting that the CPA does not apply to B2B transactions between juristic persons with an asset value or annual turnover exceeding the prescribed threshold), BARTEC Safety makes no representations or warranties, express or implied, regarding:

• The uninterrupted or error-free operation of the portal
• The accuracy, completeness, or timeliness of information displayed
• The fitness of the portal for any particular purpose beyond order tracking
• The security of data transmitted over public networks

4. Limitation of Liability

Subject to Section 5 below, and to the extent permitted by law, BARTEC Safety's total cumulative liability to the Client arising out of or related to the use of ExSafe — whether in contract, delict (including negligence), statute, or otherwise — shall not exceed the rand value of the specific order to which the claim relates.

In no event shall BARTEC Safety be liable for:

• Loss of profits, revenue, or anticipated savings
• Loss of business opportunity or goodwill
• Indirect, special, incidental, or consequential damages
• Delays caused by third-party logistics providers, customs authorities, or force majeure events
• Inaccuracies resulting from data supplied by the Client

5. Non-Excludable Rights

Nothing in this policy limits or excludes liability for: (a) fraud or wilful misconduct; (b) death or personal injury caused by negligence; or (c) any other liability that cannot lawfully be excluded or limited under South African law, including under the National Credit Act 34 of 2005 where applicable.

6. Indemnity

The Client indemnifies and holds harmless BARTEC Safety, its directors, employees, agents, and affiliates from and against any claims, losses, damages, and expenses (including legal costs on an attorney-and-client scale) arising from: (a) the Client's misuse of the portal; (b) the Client's breach of these terms; or (c) any third-party claim arising from information or content submitted by the Client through the portal.

7. Force Majeure

BARTEC Safety shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, load-shedding, industrial action, port or border closures, pandemics, government regulations, or failure of third-party service providers.

8. Electronic Communications

In accordance with ECTA Section 22, agreements concluded electronically through this portal are valid and binding. Order confirmations, status updates, and communications sent via the portal or by email constitute electronic communications as defined under ECTA and carry equivalent legal weight to written correspondence.

9. Intellectual Property

All intellectual property in the ExSafe portal, including its design, software, trade marks, and content, vests exclusively in BARTEC Safety (Pty) Ltd or its licensors. No licence is granted to the Client beyond the right to access and use the portal for its intended B2B order management purpose.

10. Governing Law and Jurisdiction

This policy and any dispute arising from use of the ExSafe portal shall be governed exclusively by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the Western Cape Division of the High Court of South Africa (or a Magistrate's Court with jurisdiction where the claim falls within its monetary limit) for the resolution of any disputes arising herefrom.

11. Amendments

BARTEC Safety reserves the right to amend this policy at any time. Continued use of the portal after publication of any amendments constitutes acceptance of the revised terms. Clients are encouraged to review this policy periodically.

12. Contact

For any queries relating to this policy:
BARTEC Safety (Pty) Ltd · Experitus Group
Email: support@bartec.co.za