TERMS OF USE FOR EMERCE WEBSITE

1. The company emerce Africa (Pty) Ltd (hereinafter referred to as "emerce") owns and maintains their homepage (hereinafter referred to as “the Website”) available on the website www.emerce-energy.com/en-za.

2. The Website is reserved only for emerce’s activities (hereinafter referred to as “Activities”). 

3. Use of the Website shall be subject to the following terms and conditions of use.  

4. Users of the Website can be anyone, who is interested in emerce’s activities (hereinafter referred to as “User(s)”). However, some special features (hereinafter referred to as “Sepcial Features”) are reserved to qualified professionals in the range of energy systems, particularly photovoltaic systems. These Special Features are subject to special terms of use (hereinafter referred to as "Special Terms").  

5. The Website is a digital platform for the Users, who are interested in energy systems. Users of the Website may utilize its Activities and Special Features for information and educational purposes, so as to acquaint/educate themselves about energy systems.  

6. AREA OF APPLICATION

6.1 These terms of use specifically regulate the access to, and the use of website functions made available on the Website by emerce.

6.2 With the use of the Website, the User acknowledges and agrees to these terms of use and enters into a contract of use with emerce. By utilizing the Website, the User acknowledges and agrees that it has read, understood and agreed to these terms of use.  

6.3 Insofar as  Special Features are made available on the Website, these Special Features are further subject to  Special Terms in addition to these terms of use, which will be displayed during the respective logon procedure.  

6.4 The User of the Website expressly acknowledges that by agreeing to these terms of use and when utilizing  Special Features, any terms and conditions of the User are expressly excluded from such use. In this regard, these terms of use, as reissued or revised by emerce from time to time, shall exclusively apply to all use of the Website.  This is also applicable in circumstances where there is an on-going business relationship between the User in question and emerce.  

7. USE AND REGISTRATION / USE FOR THIRD PARTIES

7.1 The use of the Website is available for anyone.  

7.2 A registration is required to utilize the Special Features of the Website only. The registration process is described in the respective Special Terms.

7.3 This registration entitles the User to utilize the Website only in the context of the content and functionality offered and pursuant to these terms of use and, if applicable, to the Special Terms of the Special Features.

7.4 The approval of a User to the Website, as well as any condition imposed in respect of limitation(s) and/ or exclusion(s) of the Website or any other Special Feature are at the sole discretion of emerce.  

7.5 If emerce becomes aware of a misuse of the Website, emerce may take the necessary countermeasures (of whatsoever nature) to protect the Website, and in particular, in circumstances of misuse, may exclude the respective User from any further use of the Website. Misuse exists in particular in the event that:

7.5.1 the User does not follow the obligations laid out in clauses 8.2 and 8.3 below;

7.5.2 the User utilizes the Website for criminal or other illegal purposes;

7.5.3 the User conducts itself in a manner that is disruptive, and which conduct results in an excessive load of the Website (i.e.  sending mass notifications or messages [spam]); or  

7.5.4 the User conducts itself in a manner that results in an unreasonable nuisance to other users (i.e. hacking or the use of and/or the distribution of viruses, worms, Trojan horses).

8. USE LIMITATIONS

8.1 The Website, which is made available for use and the services available therein, have been developed by emerce and are subject to copyright protection. emerce possesses all rights of use and distribution in respect thereof.

8.2 The User may only utilize the information provided on the Website and the results of the online service offering on the Website within the framework of these terms of use. The use of computer programs for the automatic reading off of data (i.e. crawlers), is strictly prohibited.  

8.3 The content available one the Website may not be copied, distributed or made otherwise public (in any form or manner) without the prior written agreement of the respective intellectual property owner.  

9. CHANGES TO THE WEBSITE CONTENT

9.1 emerce reserves the right to change, add to or delete the design and content of the Website or to cease publication of the services temporarily or permanently without prior notice to the User. It is specifically recorded and agreed that the User agrees to indemnify, hold harmless and defend emerce and emerce’s directors, officers, employee’s and agents, and the directors, officers, employees and agents of any group company from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of the change of the Website content.  

10. REFERENCES AND LINKS, DESCRIPTION OF SERVICES

10.1 Insofar as the Website contains links or references to third-party websites (hereinafter referred to as “third – party content”), the following terms and conditions shall apply:

10.1.1 The responsibility and liability in respect to third-party content lies exclusively with the provider making this content available. emerce only provides access to the third-party content. emerce has no influence on the appearance, content, or authorship of linked/referenced sites. For this reason, emerce hereby expressly distances itself from all linked/referenced site content.

10.1.2 The provider of the site that was referenced and not the one that is simply referencing the respective publication via links is exclusively responsible for illegal, faulty or incomplete content and in particular for any damages of whatsoever nature, howsoever arising from the use or disuse of third-party content /information.

10.1.3 The responsibility and liability in respect of descriptions of services shall not vest with emerce, but with the respective provider of the site. emerce shall endeavor to ensure that content and descriptions are current and accurate, but specifically makes no warranties in this regard.  

10.1.4 It is specifically recorded and agreed that the User agrees to indemnify, hold harmless and defend emerce and emerce’s directors, officers, employee’s and agents, and the directors, officers, employees and agents of any group company from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of the use of third – party websites and content.  

11. STATUTORY WARRANTY AND LIABILITY

11.1 emerce assumes no liability for the accuracy, timeliness, correctness, completeness or quality of the information and services provided.

11.2 All liability claims against emerce, which refer to damages of a material or intellectual nature caused by the use or disuse of free information presented or by the use of incorrect and incomplete free information are specifically excluded. In this regard, it is specifically recorded and agreed that the User agrees to indemnify, hold harmless and defend emerce and emerce’s directors, officers, employee’s and agents, and the directors, officers, employees and agents of any group company from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of the use of Website. This further applies to circumstances where damages arise from loss of use, data loss or loss of yields.  

11.3 It is the sole responsibility of the User to examine the content of the results obtained from the use of the Website and the suitability for the respective purpose. A right of the User to the temporal availability of the Website as well as 100% data availability shall not exist.

11.4 The provisions of the Special Terms apply in the event of defects of the Special Features. In this regard, it is specifically recorded and agreed that the User agrees to indemnify, hold harmless and defend emerce and emerce’s directors, officers, employee’s and agents, and the directors, officers, employees and agents of any group company from and against any and all claims, suits, losses, damages, costs, fees and expenses arising out of the use of fee-based services.  

12. CHANGES TO THE TERMS OF USE

emerce reserves the right to make changes to these terms of use at any time without prior notice to the User. emerce undertakes to communicate any amendments to the terms of use in a timely manner.  

13. DATA PROTECTION AND COOKIES

The data protection declaration applicable for the use of the Website and information on the use of cookies are available here for viewing and printing out.

14. MISCELLANEOUS

14.1 Insofar as the User is a corporate user, these terms of use shall be governed by the substantive and procedural laws of the Republic of South Africa. Insofar as the User is a consumer, these terms of use shall be governed by the substantive and procedural laws of the Republic of South Africa, provided that these are not in conflict with any obligatory legal regulations, in particular consumer protection regulations.

14.2 These terms of use constitute the entire agreement between the Parties relating to the use of the Website and no representation by either of the Parties or their agents, whether made prior or subsequent to the implementation of the terms of use, shall be binding on the Parties unless done in writing and signed by both Parties.  

14.3 No variation, alteration or consensual cancellation of these terms of use, or any of the terms thereof, shall be of any force or effect, unless done in writing and signed by the Parties.

14.4 Each clause of these terms of use is severable.  

14.5 In the event of a court finding a clause to be invalid it shall be deemed severed from the rest of these terms of use and shall not affect the validity of the remaining provisions contained in these terms of use.

14.6 If any provision of these terms of use, or part thereof, shall to any extent be or become invalid or unenforceable, the Parties shall agree upon any necessary and reasonable adjustment of these terms of use, in order to secure the vital interest of the Parties and the main objectives prevailing at the time of implementation of these terms of use.

 

Cape Town, May 2021
emerce Africa (Pty) Ltd
© emerce Africa (Pty) Ltd | Version: 1.0