TERMS AND CONDITIONS

These Terms and Conditions govern your access and use of our Website and the Content, information, products, services and functions provided on our Website.

By accessing and using our Website, you agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access our Website nor may you use, display, download, copy or distribute any Content on or from our Website.

These Terms and Conditions must be read with our Privacy Policy which can be accessed at Electric Egg privacy policy.

1. Interpretation

1.1 In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context –

1.1.1 “Content” means any and all content displayed on our Website at any given time, and shall include but shall not be limited to marketing and business information, literary, musical works and artistic works, sound recordings, program-carrying signals, proprietary works, published editions and computer programs, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations and software;

1.1.2 “Electric Egg” or “us” or “our” means Electric Egg (Pty) Ltd, registration number 2012/167546/07, a private company with limited liability duly registered in terms of the laws of the Republic of South Africa, and includes our subsidiaries, related companies and affiliates;

1.1.3 “Intellectual Property” means rights in and in relation to any patent, design, trade mark, trade or business name (including all goodwill associated with any trade mark, or any trade or business name), rights in get-up, copyright (including rights to derivative works), database, domain name, circuit, design, and/or utility model, and including in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world, registered or unregistered;

1.1.4 “Online Profiles” means Electric Egg’s social media and other profiles, including but not limited to its Facebook and Instagram pages, LinkedIn account, Twitter feed, and all Content thereon;

1.1.5 “Terms and Conditions” means the terms and conditions applicable to the use of the Electric Egg website as set out herein, which is constituted by these Terms and Conditions and the Privacy Policy, as amended from time to time;

1.1.6 “User” or “You” or “Your” means you, the person or entity accessing and using our Website; and

1.1.7 “Website” means our website accessible at electricegg.net.

1.2 If you are accessing and using our Website as a representative of a juristic person, you warrant that you are duly authorised to bind such juristic person to these Terms and Conditions. If you are contracting with us in your personal capacity, you warrant that you are either at least 18 years of age and have full capacity to enter into binding contracts or that you are acting with the consent and assistance of your parent or legal guardian.

1.3 Your attention is drawn to those provisions highlighted in blue in these Terms and Conditions which may –

1.3.1 limit our risk or liability, or the risk or liability of a third party; and/or

1.3.2 constitute an assumption of risk or liability for you; and/or

1.3.3 oblige you to indemnify us to a third party; and/or

1.3.4 serve as an acknowledgment of fact by you.

1.4 Every effort has been made to ensure that these Terms and Conditions are expressed in plain language. You are invited to request us to explain any provision of these Terms and Conditions to you. Requests can be made by email to [email protected] or telephonically at +27 (087) 135 4869.

1.5 These Terms and Conditions will be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the courts of South Africa in respect of all matters regulated by these Terms and Conditions.

2. CONDITIONS OF USE

2.1 You may access and use the Website subject to due compliance with these Terms and Conditions.

2.2 You may not use, copy, adapt, redistribute or modify the Content or any part thereof or frame, “mirror”, data-mine (by way of but not limited to, robots, crawlers or other similar programs) or cache the Website or reverse engineer, copy, modify, re-distribute, decompile, or create a derivative work of the Website or Electric Egg’s software or Intellectual Property without prior written authorisation from Electric Egg.

2.3 Electric Egg reserves the right, at any time at its discretion, to –

2.3.1 refuse services, suspend or terminate a User’s access to the Website, and remove or edit any Content at its sole discretion;

2.3.2 claim damages from any User who does not comply with these Terms and Conditions;

2.3.3 make improvements, change, or discontinue, without notice, any aspect or feature of the Website and Content;

2.3.4 change and amend the products, prices, and rates quoted on the Website, from time to time without notice to Users; and

2.3.5 use the services of third parties to provide information on the Website.

3. USAGE RESTRICTIONS

You hereby agree that you will not, whether directly or through a third party –

3.1 use the Website for any purposes other than to obtain further information in respect of Electric Egg and/or its services and products;

3.2 use the Website or any of the Content for or in conjunction with any illegal, unlawful, or immoral purpose or as prohibited by the provisions hereof;

3.3 take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person, or otherwise manipulate or disguise the origin of anything posted or transmitted electronically to Electric Egg, whether on or through its Website, Online Profiles or otherwise;

3.4 modify, access, or make available any Content stored on or accessed through the Website in a manner other than on the Website;

3.5 remove any identification, trademark, copyright or other notices from the Website or upload files that contain software of any other material not owned or appropriately licensed by you or Electric Egg;

3.6 collect or use any listing, description, or price lists from the Website for the benefit of a competing merchant;

3.7 decompile, disassemble, or reverse engineer any portion of the Website;

3.8 use the Website in a manner that may infringe the Intellectual Property rights or other proprietary rights of others, including the transmission of pirated software, or which could damage, impair, overburden, or disable the Website or interfere with any other User’s use or enjoyment of the Website;

3.9 use the Website to transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

3.10 use the Website to post or transmit, by means of listings, reviews, comments, suggestions, ideas, questions, or otherwise, anything which is unlawful, defamatory, discriminatory, obscene, offensive, vulgar, threatening, abusive, harassing, harmful, hateful, profane, sexuality explicit, or which carries child pornography, religious or racial slurs, which can be construed as racially, ethnically, or otherwise objectionable in any way, or threatens or encourages bodily harm or the like, or which may violate any person’s personality rights;

3.11 use the Website, icons, site address, or other means to hyperlink other internet sites with any page on the Website;

3.12 frame, nor use framing technologies to enclose the Website, without the express written consent of Electric Egg;

3.13 gather electronic mail addresses and/or names published on the Website or any Online Profile for commercial, political, charity or like purposes, or collect or attempt to collect personal information about third parties without their knowledge or consent; and

3.14 act in any way which may, could or does impose an unreasonable or unusually large load of traffic on the Website, or otherwise interferes with its proper and timely functioning.

4. LINKED SITES

4.1 The Website may contain links to other websites that are not controlled or maintained by Electric Egg. Any inclusion of such links on the Website does not imply Electric Egg’s endorsement of the linked site nor the content thereof.

4.2 While Electric Egg attempts to include only links to those sites which are in good taste and safe for Users, you acknowledge and that Electric Egg will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites.

4.3 Your use of linked websites is at your own risk and you are encouraged read the terms of use of such other websites.

4.4 Electric Egg reserves the right to disable links from third party sites to the Website at any time.

5. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

5.1 The Content on the Website and all Online Platforms is owned, licensed and/or provided by Electric Egg, its agents and licensors.

5.2 The Intellectual Property available on the Website or to be made available by Electric Egg or any of our selected service providers or agents are the property of or licensed to Electric Egg and may not be used other than as set out herein.

5.3 The names, images and logos identifying Electric Egg or the products and services of a third party as exhibited on the Website or any Online Profile, are subject to copyright, design right and trade mark protection. Unless specifically agreed to under these Terms and Conditions, nothing contained herein shall be construed as conferring any licence or right to use any trade mark, design right or copyright by Electric Egg or any such other third party.

5.4 Email addresses, names, telephone numbers and other contact information published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details on the Website may not be construed as permission from Electric Egg to utilise the details for marketing or similar purposes.

5.5 Except as specifically provided herein or elsewhere on the Website, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior authorisation of the owner thereof.

5.6 You may not add, delete, distort, or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent Electric Egg’s security features, or to utilise the Website for any purpose other than its intended purpose is strictly prohibited.

6. LIMITATION OF LIABILITY AND DISCLAIMERS

6.1 Your access and use of the Website is at your sole risk.

6.2 The products and services advertised on the Website and other marketing material and documents displayed on the Website are to be used as a guideline only, and may be influenced or changed by variable and/or unforeseen factors. Electric Egg shall not be held liable for any errors or omissions in any of its promotional material, publications and documentations (including any such material, information, publications and documentation made available in digital or electronic media format).

6.3 Electric Egg does not guarantee or warrant that the Website, Content, information, or downloads on or from the Website shall be error-free or that they shall meet any particular criteria, performance, or quality. Electric Egg expressly disclaims all implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy, to the maximum extent permitted by law.

6.4 Subject to section 43(5) and 43(6) of the Electronic Communications and Transactions Act No. 25 of 2002 (“ECTA”), if applicable, and to the extent permitted by law, the Website, including any current or future offer of products or services displayed thereon, are provided on an “as is” basis, and may be susceptible to inaccuracies or typographical errors. Electric Egg shall not be held liable for any damage, loss or liability of any nature whatsoever, howsoever caused, in relation to such inaccuracies or errors.

6.5 Electric Egg makes no warranties or representations as to the availability, accuracy or completeness of the Website, or any third-party content accessible via the Website, nor does Electric Egg guarantee or warrant that you will have continuous, uninterrupted or secure access to the Website or the Online Profiles, as the operation of our Website and Online Profiles may be interfered with due to factors outside of our control.

6.6 Electric Egg shall not be held liable or responsible for any direct or indirect, special, consequential, or other damage of any kind whatsoever suffered or incurred by you in relation to your use of, or the inability to access or use, or reliance on, the Website or any functionality thereof, or of any linked website, including any claims arising from negligence.

6.7 Electric Egg does not warrant that it has control over the persons who have access to the Website, nor that any minors will be unable to access the Website or upload or download Content to and from the Website. You accordingly indemnify, hold harmless and expressly exempt and releases Electric Egg from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to the use of the Website by you or any minors in your care.

7. BREACH and TERMINATION

If you fail to comply with these Terms and Conditions or the Privacy Policy, Electric Egg is entitled to taking all or any of the following actions –

7.1 immediate, temporary or permanent withdrawal of your right to access and use the Website;

7.2 immediate, temporary or permanent removal of any Content uploaded by you to the Website;

7.3 issue a warning to you;

7.4 obtain an order against you for specific performance, with or without claiming damages;

7.5 claim such damages as it may have suffered in lieu of specific performance together with all amounts which may be owing by you to Electric Egg; and/or

7.6 disclosure of such information to law enforcement authorities, as deemed necessary in Electric Egg’s sole discretion.

8. DISPUTE RESOLUTION

8.1 In the event that a dispute arises between you and us in connection with your access and use of the Website or any Online Profiles, Electric Egg may demand, on written notice to you, that the dispute be determined by arbitration in accordance with this clause 8 as read with the Expedited Rules (“Rules”) of the Arbitration Foundation of Southern Africa (“AFSA”).

8.2 This clause shall not prevent either party to the dispute from obtaining interim relief on an urgent basis from a court of competent jurisdiction, pending the decision of an arbitrator.

8.3 The arbitration shall be held before a single arbitrator at Cape Town, South Africa (or by way of electronic communication if agreed to by all disputing parties or so directed by the arbitrator) with only the legal and other representatives of the parties to the dispute present thereat, and in terms of the South African Arbitration Act, No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.

8.4 The arbitrator shall be a practising advocate of the Cape Bar Council of at least ten years’ standing, appointed by agreement between the parties to the dispute. Should we fail to agree on an arbitrator within 14 days after the referral of the dispute to arbitration, the arbitrator shall be appointed by the Secretariat of AFSA, at the request of either party to the dispute.

9. GENERAL

9.1 The Website is controlled, operated and administered by Electric Egg.

9.2 Electric Egg makes no representation that the Website and the Content thereon are appropriate or available for use in other locations or countries. Access to the Website from territories or countries where the Content is illegal, is prohibited. If you access the Website from any location outside of the Republic of South Africa, you are responsible for compliance with all local laws applicable to your access and use of the Website.

9.3 If any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable for any reason, such provision shall be severable from the rest of these Terms and Conditions and the remaining provisions shall be binding and enforceable to the fullest extent of the law.

9.4 No indulgence, leniency or extension of time which Electric Egg may grant or allow to you in respect of your obligations under these Terms and Conditions shall in any way prejudice Electric Egg or preclude Electric Egg from exercising any of its rights in terms of these Terms and Conditions.

10. AMENDMENT OF THE TERMS AND CONDITIONS

10.1 Electric Egg reserves the right to, at its sole discretion, amend, modify, add to or remove any provisions (in whole or in part) of these Terms and Conditions from time to time. Any changes to these Terms and Conditions will become effective upon such changes being published on the Website.

10.2 The onus rests on you to periodically check the Terms and Conditions on the Website for any changes or updates therein contained.

10.3 Your continued use of the Website following the publication of any amendments by Electric Egg shall be considered notice of your acceptance to abide by, and be bound by these Terms and Conditions, including any amendments hereto.

11. ECT REQUIREMENTS

Electric Egg makes the following information available to you: