EDA Legal -- Terms and Condition
1.0. Introduction
These Terms of Use govern your access to and use of EdaFace website and
its other platforms, (the “Website”), and associated content, software and
applications (collectively, the "Service"). These Terms also include
our Privacy Policy, which is located at https://edaface.com/privacy.
The Service is administered and maintained by Emerge Digito Afrika
Holdings (“EDA”), a private (limited) company, duly incorporated under the
South African Companies Act, 71 of 2008, with company registration number:
2021/818038/07. The terms "we", "us" and "our"
also refer to EDA. The term “you” refers to the person visiting this Website.
Please study these Terms carefully because they contain important
information regarding your legal rights, including limitations on EDA’s and
certain third parties’ liability, disclaimers of warranties and a submission to
jurisdiction. Each time you use our Services by any means (for example, through
the Internet or on a mobile device), you irrevocably agree to comply with the
version of the Terms posted on this Website at the time you access this
Website. You may not use the Service if you do not agree to these Terms.
1.1. Eligibility
To access our Services, you must be at least 16 years old or older. The
Service is strictly for your personal, non-commercial use unless you enter into
a separate agreement with us for your commercial use. You may not use the
Service if we have terminated any account of yours or if banned it.
1.2. License
You may only use the Service as expressly permitted by these Terms. All
rights not expressly granted to you are reserved by EDA, its third-party
providers and other respective owners, if any.
EDA provides content through the Service that is copyrighted and/or
trademarked work of EDA or EDA’s third-party licensors and suppliers
(collectively, the “Content”). For clarity, Content shall include all such
content accessed by you at any time. You acknowledge that the Service has been
developed, compiled, prepared, revised, selected, and arranged by EDA and such
third parties through the application of methods and standards of judgment
developed and applied through the expenditure of substantial time, effort, and
money and constitutes valuable intellectual property of EDA and such others.
Accordingly, you shall protect the proprietary rights of EDA and all others
having rights in the Service during and after the term of this agreement and
comply with all reasonable written requests made by EDA to protect its and
others’ contractual, statutory, and common law rights in the Service.
Subject to these Terms, and your compliance with these Terms, EDA
hereby grants you a limited, personal, non-sub-licensable and non-transferable
license to use the Content and to use this Service, in each case solely for
your personal use. You agree not to use the Service or any of the Content for
any commercial purpose. Except for the foregoing license, you have no other
rights to the Service or any Content.
2.0. Prohibited Activities
You agree that you will not:
• Copy, modify or create derivative works of the Service or any
Content;
• Copy, manipulate or aggregate any Content (including data) for the
purpose of making it available to any third party;
• Trade, sell, rent, loan, lease or license any Content or access to
the Service, whether commercially or free of charge;
• Use or introduce to the Service any data mining, crawling, robot or
similar automated or data gathering or extraction method, or manually access,
acquire, monitor or copy any portion of the Service, or download or store
Content (unless expressly authorized by EDA).
• Make excessive requests for information or take any action that
interferes with, disrupts or imposes a burden on the Service or any server or
network connected to the Service or negatively affects the quality or
availability of any Content, or speed or functionality of the Service;
• Introduce a virus, worm, time bomb or other malware to the Service,
or use any device, software or routine to bypass any software or hardware that
prohibits volume requests for information;
• Violate or bypass any security measure intended to limit or prevent
access to the Website, Content or Service; or otherwise attempt to gain
unauthorized access to the Service, any Content or to any computer systems or
networks connected to the Service or any EDA server, whether through hacking,
password mining, unauthorized use of another's password/credentials or any
other means;
• Restrict, inhibit or interfere with use of the Service by any other
user (including by hacking or defacing the Website);
• Introduce or otherwise distribute through the Website any computer
program that damages, interferes with, intercepts, collects, releases or
discloses any system, data or personal information of ours or any third party;
• Make use of any of our trademarks, service marks, trade names or
logos or those of any third party displayed on the Website; or modify or remove
any copyright or other proprietary notice in the Content;
• Use the Website, Content or Services for or in connection with any
activity that (i) violates any law, statute, ordinance or regulation, including
without limitation, the South African copy right act or (ii) involves proceeds
of any unlawful or illegal activity.
Additionally, you acknowledge and agree that you (and not EDA) are
responsible for obtaining and maintaining all telecommunications, broadband,
and computer hardware, equipment, software and services needed for you to
access and use the Service, and paying all charges related thereto.
3.0. Ownership and
Intellectual Property
Subject to these Terms, you may view, print and make copies of Content
for your own personal use. You may not, and shall not, copy, reproduce,
download, "screen shot ", store, transmit, broadcast, publish,
modify, create a derivative work from, display, perform, distribute,
redistribute, sell, license, rent, lease or otherwise use, transfer (either in
printed, electronic or other format) or exploit any Content, in whole or in
part, in any way that does not comply with these Terms without our prior
written permission. To request permission to use any Content other than as
expressly permitted in these Terms, please contact [email protected].
As between EDA and you, all Content is owned or controlled by EDA. EDA,
its logo, and, except as noted below, all other product or service names or
slogans displayed on the Service are registered and/or common law trademarks of
EDA or its suppliers or licensors and may not be copied, imitated, or used, in
whole or in part, without the prior written permission of EDA or the applicable
trademark holder. In addition, the look and feel of the Service, including all
page headers, custom graphics, button icons, and scripts, is the service mark,
trademark, and/or trade dress of EDA and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of EDA. All other
trademarks, registered trademarks, product names, and company names or logos
mentioned in the Service are the property of their respective owners. Reference
to any products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship, or recommendation thereof by EDA.
Nothing contained in these Terms grants you any interest in any of
EDA's or any third-party's intellectual property.
The use or misuse of EDA’s trademarks or other intellectual property,
except as expressly permitted by these Terms, is prohibited. You shall promptly
notify EDA at [email protected] if you know or suspect that any of EDA’s or
its providers’ intellectual property rights has been violated or infringed.
Edaface and all related logos,
trademarks, service marks and trade names are solely the property of EDA. The
absence of a name, logo or other mark herein does not constitute a waiver of
any and all intellectual property rights that EDA has established. Other
trademarks, names or logos used on the Website are property of their respective
owners. You are not authorized to use any of the foregoing.
You acknowledge that EDA and/or its providers own the copyright in and
to all Content under the laws of the South African and other countries, and
have reserved all rights in and to such Content.
4.0. Linking to the Service
from Your Website
You may place one or more links to the Service (collectively, the
“Link”) on your own website (“Your Site”), provided that:
The Link shall display only the following text: “EDA” or “edaface.com”
or "Link to edaface.com”;
Your Site shall not contain any content that is unlawful, threatening,
abusive, libelous, defamatory or otherwise inappropriate, as determined by us
in our sole discretion;
The look and feel of all content that accompanies the Link or is on the
same page as the Link (for example, the entire article in which the Link
appears, even if it is not all on the same page as the Link) shall not
otherwise be of a nature that may damage or dilute the goodwill associated with
EDA's name, reputation or any of its trademarks, trade names or service marks,
as determined by EDA in its sole discretion;
No content on Your Site shall contain any information that, in our sole
discretion, may create the false impression that you, Your Site or any other
website, service, person or entity is associated with, sponsored by or
otherwise endorsed by EDA, or that any activity engaged in by you or anyone
else has been approved by EDA.
We may revoke our consent to a Link at any time, without prior notice.
If we notify you that you may no longer link to the Service, or to a page or
document, you must promptly (and, in any event, within three (3) business days)
remove all affected Links from Your Site.
5.0. Feedback
This section does not apply to information supplied by you to the
Service that can identify you personally. EDA believes in protecting your
privacy. Please visit https://edaface.com/privacy to review our
current Privacy Policy, which also governs your use of the Service, to
understand our practices.
If you send or transmit any communication, including but not limited to
feedback, questions, comments or suggestions to EDA, whether by letter, email,
telephone or otherwise (collectively, “Feedback”), all such Feedback is, and
will be treated as non-confidential and non-proprietary. You hereby assign to
EDA all right, title, and interest in, and EDA is free to use, without any attribution
or compensation to you, any ideas, concepts, know-how or techniques or other
intellectual property and proprietary rights contained in the Feedback, whether
or not patentable, for any purpose whatsoever, including but not limited to
enhancing the Service, or otherwise developing, manufacturing, licensing,
marketing and selling products and services based on or containing such
Feedback. You also understand and agree that EDA is not obligated to use,
display, reproduce, or distribute any such ideas, know-how, concepts, or
techniques contained in the Feedback, and you have no right to compel such use,
display, reproduction, or distribution. EDA may use aggregated and statistical
data derived from Website usage.
6.0. Limitation of Liability
The content on the service is strictly for informational purposes.
Nothing on or in the service shall constitute or be construed as an offering of
any currency or any financial instrument or as investment advice or investment
recommendations (such as recommendations as to whether to purchase a currency
or instrument) by EDA or a recommendation as to an investment strategy by EDA.
Content on this service should not be considered as information sufficient upon
which to base an investment strategy. No content on the service is tailored to
the specific needs of any individual, entity or group of individuals. EDA
expresses no opinion as to the future or expected value of any currency,
security or other interest. EDA does not explicitly or implicitly recommend or
suggest any investment strategy of any kind. Content on the service may not be
used as a basis for any financial or other product without the express prior
written consent of EDA.
The Content provided on the Service is submitted to EDA by unrelated
third-party providers. EDA does not review all Content for accuracy, does not
review Content for completeness or reliability, and does not warrant or
guarantee the accuracy, completeness, reliability or any other aspect of any
Content.
The Service and the content published within the Service may include
inaccuracies or errors. EDA does not guarantee the accuracy, completeness,
timeliness, security, availability or integrity of the service or any content,
and disclaims all liability for any errors or other inaccuracies relating to
the service or the content. EDA makes no representations about the suitability
of the service or any content, or that the service or content will be
uninterrupted or operate in combination with any software, service, system or
other data or information. The service and all content are provided “as is”
without warranty of any kind. EDA disclaims all warranties and conditions that
this service, its servers, or any email sent from EDA, are free of viruses or
other harmful components. EDA hereby disclaims all warranties and conditions
with regard to the service and the content, including all implied warranties
and conditions of merchantability, fitness for a particular purpose, title, and
non-infringement.
To the maximum extent permitted by applicable law, EDA assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of
any content; (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to or use of the service; (iii) any unauthorized access
to or use of our servers and/or any and all information stored therein; (iv)
any interruption of transmission to or from the services (v) any bugs, viruses,
trojan horses, or the like that may be transmitted to or through the service by
any third party; (vi) any errors or omissions in any content or for any loss or
damage incurred as a result of the use of any content posted, transmitted, or
otherwise made available through the service; and/or (vii) the defamatory,
offensive, or illegal conduct of any third party.
In no event shall EDA (and its respective officers, directors,
employees, members, agents, and affiliates) be liable for any direct, indirect,
punitive, incidental, special, or consequential damages or damages for lost
profits, arising out of, or in any way connected with, your access to or use of
the service or with the delay or inability to access, display, or use the
service; any computer viruses, information, software, linked services,
products, and services obtained through the service; or otherwise arising out
of the access to or use of the service whether based on a theory of negligence,
contract, tort, strict liability, or otherwise, and even if EDA has been
advised of the possibility of such damages.
7.0. Indemnification
Except to the extent prohibited under applicable law, you shall
indemnify, defend and hold harmless EDA and its members, managers, directors,
officers, employees, partners, consultants, contractors, service providers,
agents, successors and assigns from and against any and all suits, actions,
proceedings and claims by third parties (whether threatened or actual), and all
losses, liabilities, damages, judgments, costs and expenses (including
reasonable attorneys' fees) arising out of, relating to or in connection with:
(i) your use (or misuse) of and access to the Service or Content; (ii) your
violation of any of these Terms; (iii) your violation of any applicable law,
rule or regulation; (d) any claim that any information provided by you to EDA
in connection with the Website, including the Content, caused damage to,
infringed upon, misappropriated or otherwise violated the rights of any third
party, including infringement, misappropriation or other violation of
third-party intellectual property rights, or violation of any right of privacy
or publicity; and/or (iv) any dispute that you have with any third party
relating to or in connection with the Service or Content. EDA reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with EDA in asserting any available defenses and in the conduct
of such defense.
8.0. Third Party Websites
The Service may contain links to third-party websites. Your use of all
links to third-party websites is at your own risk. We do not monitor or have
any control over, and make no claim or representation regarding third-party
websites. To the extent such links are provided by us, they are provided only
as a convenience, and a link to a third-party websites does not imply our
endorsement, adoption or sponsorship of, or affiliation with, such third-party
websites.
When you leave the Website, whether via a link contained on the Website
or through the use of your web browser or other navigational tool, the
information you view is not provided by us. Our terms and policies do not
govern your use of third-party websites. We are not responsible for, have no
control over and do not monitor or review the content of any other website. A
link to a third-party website does not imply sponsorship, approval, affiliation
or
endorsement by EDA of the linked third-party website or of that third
party's products or services.
YOU AGREE THAT EDA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES
AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR
ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY
HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT
OR BUSINESS PRACTICES OF ANY THIRD PARTY.
9.0. Modification of the
Website
At any time and in EDA's sole discretion, EDA may (in whole or in part)
modify, suspend or discontinue the Service and/or any Content without notice,
for any reason. We shall have no liability to you or to any third party for any
such modification, suspension or discontinuance.
10.0. Changes to these Terms
We may revise these Terms from time to time, without prior notice. You
are bound by any changes to these Terms upon our posting of such changes on the
Service. You should check these Terms often to make certain that you are aware
of the most current Terms.
11.0. Enforcement
The remedies available to EDA in these Terms are cumulative and in
addition to any others available to EDA. EDA may seek all remedies available to
it at law and in equity for any violation of these Terms. EDA may suspend,
terminate or block your access to the Service (in whole or in part) for any
violation or suspected violation as we determine, without notice to you. Your
violation of these Terms shall be considered a breach of contract.
We reserve the right, but do not assume any obligation, to investigate
any suspected violation of these Terms or any misuse of the Service. In
addition, we further reserve the right to report any activity, data or persons
to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial
regulators, (iii) system administrators at Internet service providers, networks
or computing facilities; and (iv) providers and/or third-party vendors if we
suspect that you have violated these Terms or any law, rule or regulation. You
acknowledge that such reporting or cooperation may include, without limitation,
providing information relating to you and/or your use of the Service, including
without limitation your email address, IP address or other identifying
information, to law enforcement authorities, financial regulators, third-party
providers, vendors or system administrators. Further, we may disclose any
information we think necessary to comply with applicable law, regulation,
subpoena or other legal process or governmental or regulatory request.
12.0. Governing Law;
Submission to Jurisdiction
These Terms and any and all claims, disputes or other legal proceedings
by or between you and us, including but not limited to any claims or disputes
that are in any way related to or arising out of these Terms or your use of or
access to the Service, shall be governed by and construed in accordance with
South African laws, without regard to any principles of conflicts of law. You
agree that any action arising out of, relating to or in connection with the
Service, and/or these Terms shall be litigated solely in a state or
federal court of competent jurisdiction located in South Africa, and you
further irrevocably submit to the exclusive jurisdiction of such court and
waive any objection to jurisdiction and venue (including on the basis of forum
non-conveniens).
You acknowledge that any breach of either of the sections above titled
"Prohibited Activities" or "Ownership and Intellectual Property”
would cause immediate and irreparable harm to EDA, for which monetary damages
would not be sufficient, and that, in addition to all other remedies available
to EDA at law or in equity, EDA shall be entitled to seek injunctive relief
without proof of damages or the posting of bond or other security in the event
of such a breach or threatened breach.
13.0. General
These Terms (and any other terms or agreements referenced herein,
including our Privacy Policy, which is located at https://edaface.com/privacy),
constitute the entire agreement between you and EDA relating to your use of the
Service and supersede all prior or contemporaneous communications, whether
electronic, oral or written, between you and EDA with respect to the Service. A
printed version of these Terms and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating
to these Terms to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form.
You agree that no joint venture, agency, partnership, or employment
relationship exists between you and EDA and/or its affiliates as a result of
these Terms or use of the Service.
In no event shall EDA be responsible or liable for any failure or delay
in the performance of its obligations hereunder arising out of or caused by,
directly or indirectly, forces beyond its control, including, without
limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil
or military disturbances, nuclear or natural catastrophes or acts of God, and
interruptions, loss or malfunctions of utilities, communications or computer
(software and hardware) services.
Our performance under these Terms is subject to existing laws and legal
process, and nothing contained in these Terms limits our right to comply with
law enforcement or other governmental or legal requests or requirements
relating to your use of the Service or information provided to, or gathered by,
us with respect to such use. To the extent allowed by applicable law, you agree
that you will bring any claim or cause of action arising from or relating to
your access or use of this Service within two (2) years from the date on which
such claim or action arose or accrued or such claim or cause of action will be
irrevocably waived.
These Terms, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by EDA without restriction.
Any attempted transfer or assignment by you in violation hereof shall be null
and void.
If any provision of these Terms, including, but not limited to, the
warranty disclaimers and limitations of liability set forth above, is
determined to be invalid or unenforceable under applicable law, the invalid or
unenforceable provisions in these Terms shall be deemed superseded by valid and
enforceable provisions that, to the extent possible, fulfill the business
purposes and intent of such invalid and unenforceable provisions.
In addition to and without limiting the preceding paragraph, South
Africa and foreign countries may provide rights in addition to those provided
in the above "Disclaimers and Limitation of Liability" section or do
not allow the exclusion or limitation of implied warranties or liability for
incidental or consequential damages. Therefore, the limitations set
forth in the above Disclaimer and Limitation of Liability section may
not apply to you in whole or in part or there may be state or country specific
provisions that supersede such limitations in whole or in part. Any provision
of the above Disclaimer and Limitation of Liability section that is declared
invalid shall be deemed severable and shall not affect the validity or
enforceability of the remainder.
Any heading or section title contained herein is for convenience of
reference only and shall not affect the meaning or interpretation of these
Terms. The terms "include" and "including" are deemed to
include the phrase "without limitation" immediately thereafter.
EDA will not promote pornography or x-rated contents, divisive
religious contents, or sexist contents. Penalty for breaking these rules may
range from monetary charges to outright ban. Penalty for lying about profile
details may range from monetary charges to outright ban. The final decisions
will always be made by EDA, and EDA is not obligated to provide an explanation
for such decisions (even if you make request for explanation).
© 2022 EDA (Pty) Ltd. All
Rights Reserved.