USERS AGREEMENT TO THE LEGAL TERMS AND CONDITIONS IN RESPECT OF THE ELCB [POD] APPLICATION:
Upon acceptance, the following legal terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and ELCB (Pty) Ltd [1987/004208/07], concerning your access to and use of the software application known as ELCB POD and its related services.
By checking / ticking the demarcated acceptance icon, you warrant that you are duly authorised to accept, download, and use the ELCB POD APPLICATION, and that you acknowledge and accept any risks and / or costs associated with its utilisation.
You further agree that by accessing the ELCB POD APPLICATION and / or its associated services, (hereinafter collectively referred to as the “APPLICATION”) you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND ASSOCIATED SERVICES AND MUST DISCONTINUE THEIR USE IMMEDIATELY.
1. JURISTICTION AND USE OF OUR APPLICATION
The information provided when using the APPLICATION, is not intended for distribution to, or use by any person or entity in any district or country where such distribution or use would be contrary to any laws or regulations, or which would subject ELCB to any registration requirement within such district or country. Accordingly, those persons who choose to access the APPLICATION from locations other than the Republic of South Africa do so on their own initiative and are solely responsible for compliance with any local laws or regulations.
2. INTELLECTUAL PROPERTY RIGHTS
ELCB is the owner or the licensee of all intellectual property rights in our APPLICATION, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the APPLICATION (collectively referred to as, the "CONTENT"), as well as the trademarks and logos contained therein.
The CONTENT referred to above is protected by copyright, trademark, and intellectual property laws of the Republic of South Africa and around the world.
The CONTENT provided in or through the APPLICATION is done so “voetstoots” (on an as - is basis) for your personal, non-commercial, or internal business use only.
3. USE OF THE APPLICATION
Subject to your compliance with these Legal Terms, ELCB grants you a non-exclusive, non-transferable, revocable license to:
access the APPLICATION; and
use the APPLICATION’s functionality; and
download or print a copy of any portion of the CONTENT to which you have properly gained access for your personal, non-commercial, or internal business use only.
Except as set out in this section or elsewhere in our Legal Terms, no part of the APPLICATION and no CONTENT may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without ELCB’s prior written permission.
ELCB reserves all its rights, title, and interest in and to the APPLICATION and CONTENT.
Any breach of the CONTENT and Intellectual Property Rights asserted here, will constitute a material breach of these Legal Terms and your right to use the APPLICATION will terminate immediately, and without notice.
4. PROHIBITED ACTIVITIES
You may not access or use the APPLICATION for any purpose other than that for which ELCB has made the APPLICATION available.
As a user of the APPLICATION, you agree not to:
Systematically retrieve data or other CONTENT from the APPLICATION to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ELCB.
Mislead, defraud, or deceive ELCB and / or other users, in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the APPLICATION, including features that prevent or restrict the use or copying of any CONTENT or enforce limitations on the use of the APPLICATION and/or the CONTENT contained therein.
Disparage, tarnish, or otherwise harm, ELCB and/or the APPLICATION.
Use any information obtained from the APPLICATION in order to harass, abuse, or harm any other person.
Make improper use of ELCB’s APPLICATION support or submit false reports.
Use the APPLICATION in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the APPLICATION.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the APPLICATION or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the APPLICATION.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any CONTENT.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the APPLICATION or the networks or services connected to the APPLICATION.
Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the APPLICATION to you.
Attempt to bypass any measures of the APPLICATION designed to prevent or restrict access to the APPLICATION, or any portion of the APPLICATION.
Copy or adapt the APPLICATION's software, including, but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the APPLICATION.
Make any unauthorized use of the APPLICATION, including collecting usernames and /or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the APPLICATION as part of any effort to compete with ELCB or otherwise use the APPLICATION and/or the CONTENT for any revenue-generating endeavour or commercial enterprise.
5. RETENTION OF INFORMATION
You agree that ELCB may access, store, process, and use any information and personal data that you provide (including settings) through use of the APPLICATION.
Should you choose to submit suggestions and or other feedback regarding the APPLICATION to ELCB, you agree that ELCB can use and share such feedback for any purpose whatsoever, without compensation to you.
6. APPLICATION MANAGEMENT
ELCB reserves the right, to:
- monitor the APPLICATION for violations of these Legal Terms;
- take appropriate legal action against anyone who, in its sole discretion, violates the law or these Legal Terms, including the reporting such user to law enforcement authorities;
- in its sole discretion and without limitation, refuse and / or restrict access to, limit the availability of, or disable (to the extent technologically feasible) any or all of the CONTENT or APPLICATION or any portion thereof;
- in its sole discretion and without limitation, notice, or liability, to remove from the APPLICATION or otherwise disable all files and CONTENT that are excessive in size or are in any way burdensome to ELCB’s systems; and
- otherwise manage the APPLICATION in a manner designed to protect its rights and property and to facilitate the proper functioning of the APPLICATION.
7. MODIFICATIONS AND INTERRUPTIONS
ELCB reserves the right to change, modify, or remove the CONTENTs of the APPLICATION at any time or for any reason at its sole discretion and without notice.
ELCB does not guarantee the uptime or availability of the APPLICATION, and specifically notes that it may from time-to-time experience hardware, software, or other problems or need to perform maintenance related to the APPLICATION, resulting in interruptions, delays, or errors. ELCB reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the APPLICATION at any time or for any reason without notice. You acknowledge and agree that ELCB bears no liability whatsoever for any loss, damage, or inconvenience caused by the inability to access or use the APPLICATION during any downtime or discontinuance of the APPLICATION. Nothing in these Legal Terms shall be construed to obligate ELCB to maintain and support the APPLICATION or to supply any corrections, updates, or releases in connection therewith.
8. CORRECTIONS
Should there be information on the APPLICATION that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information, in such an instance ELCB reserves the right to correct such errors, inaccuracies, or omissions and to change or update the information on the APPLICATION at any time, without prior notice.
9. USER DATA
ELCB undertakes and commits to maintain the information and data that you transmit to the APPLICATION for the purpose of managing the performance of the APPLICATION, as well as data relating to your use of the APPLICATION in accordance with the provisions of Protection of Personal Information Act.
10. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the APPLICATION, sending ELCB emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications ELCB provides to you electronically, via email and on the APPLICATION, satisfy any legal requirement that such communication be in writing.
11. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the APPLICATION.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, ELCB RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON WHATSOEVER INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
Should ELCB terminate or suspend your account for any reason, you are specifically prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, ELCB reserves the right to take appropriate legal action, including without limitation pursuing civil and / or criminal reparations.
12. GOVERNING LAW
These Legal Terms shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa, including all matters of interpretation, construction, validity and you irrevocably consent that the High courts of South Africa, Grahamstown Regional Division shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
13. INDEMNITY
The APPLICATION is provided on an as-is and as-available basis. You agree that your use of the application will be at your sole risk. To the fullest extent permitted by law, ELCB disclaims all warranties, express or implied, in connection with the APPLICATION and your use thereof, including implied warranties.
Specifically:- ELCB makes no warranties or representations about the accuracy or completeness of the APPLICATION's content or the content of any websites or mobile applications linked to the application and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content and materials,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the APPLICATION,
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from the application,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the application by any third party, and/or
- any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the application.
14. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by ELCB on the APPLICATION or in respect to the APPLICATION constitute the entire agreement and understanding between you and ELCB. ELCB’s failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law.
ELCB may assign any or all of its rights and obligations to another at any time.
ELCB shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There shall be no joint venture, partnership, employment, or agency relationship created between you and ELCB as a result of these Legal Terms or use of the APPLICATION.
You agree that these Legal Terms will not be construed against ELCB by virtue of having drafted them.
15. CONTACT US
In order to resolve a complaint regarding the APPLICATION or to receive further information regarding use of the APPLICATION, please contact us at:This email address is being protected from spambots. You need JavaScript enabled to view it.
NOTE:
ELCB reserves the right, in its sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. ELCB will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the APPLICATION after the date such revised Legal Terms are posted.
