Terms of Use

THE AFRICAN ENERGY CHAMBER

1. Introduction

1.1 This Website is operated and owned by The African Energy Chamber, a Chamber with Advisors and Support Team. The head offices is situated at Suite 24 Katherine & West, 144 West Street, Sandton, Johannesburg, South Africa (hereinafter referred to as “AEC”) and can be accessed on https: https://energychamber.org/ (hereinafter referred to as ‘this Website ’ or ‘the Website ’ as the context may require).

1.2 These Terms and Conditions apply to visitors and Users of this Website. Use of this Website is made available subject to these Terms and Conditions as set out below, including, but not limited to policies, notices as well as any documents that are referred to in clauses set out in these Terms and Conditions.

1.3 Disclosures in terms of section 43 of the Electronic Communications and Transactions Act:

1.3.1. The full name and legal status of the proprietor of this Website is: The African Energy Chamber, Registration number: 2018/300143/07. The full address of the proprietor of the Website is: Registered Address: Suite 24 Katherine & West, 144 West Street, Sandton, Johannesburg, South Africa. The contact information of the proprietor of this Website is: Telephone number: +27 11 245 5900. Email address: partners@energychamber.org. Physical address for receipt of legal service: Suite 24 Katherine & West, 144 West Street, Sandton, Johannesburg, South Africa.

1.4 These terms and conditions (“the Terms and Conditions”) are binding on all persons that access the www.africanenergychamber.com website without qualification or exception. By accessing and utilising the Website the User agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.

1.5. AEC may amend the Terms of Use at any time, without giving prior notice to the Users. Continued use of the Website by the User shall constitute the User’s agreement to the amendment.

1.6. The AEC has the right to suspend or terminate your access to and use of the Website at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the proprietor at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.

2. COPYRIGHT

2.1. This Website’s content is subject to copyright protection. Reproduction of the content, or any part of it is strictly prohibited without prior consent from AEC. All rights not expressly granted remain reserved.

2.2. Copyright shall vest in all the content contained on the Website, irrespective of the form in which it is displayed or presented. AEC retains the entire right, title and interest in and to the content of the Website.

2.3 Use of the Website by a User does not confer any license or permission by AEC to the use of the content of the Website, save for personal use by the User. Commercial use of any of the content of the Website is prohibited unless written permission is obtained from us, in which event the document granting right of use will expressly provide the extent and limitations of the use of the content of the Website.

2.4. Notwithstanding any other provisions in these Terms and Conditions, AEC’s rights as it relates to the content of the Website remains reserved.

2.5. The User’s attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.

3. INTELLECTUAL PROPERTY

3.1. AEC are the owners of the Website and the proprietors of all intellectual property subsisting in, pertaining to or used on the Websites, including, without limitation, copyright, trademarks, patents, inventions, goodwill buttons, icons, software, information of a general or specific nature, articles, texts, graphics, software, source code, object code, music, sound, audio, photographs, videos, data, database. (“the Intellectual Property”). Confidential Information contained in the Website are protected by South African and International Intellectual Property Law Treaties.

3.2. Any compilation, meaning; the collection, arrangement and assembly, of all content on the Website is the property of AEC either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.

3.3. The User will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from the Website , mirror or cache information provided on the Website , on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this Website , without the prior written permission from us.

3.4. All Trademarks reflected on the Website are the exclusive property of the proprietor of the Website. Unauthorised use of these Trademarks is prohibited. Full details of the Trademarks owned by AEC in relation to this Website are available upon request.

3.5. Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in the Website as it relates to the content of the Website remain reserved.

4. WEBSITE USE

4.1. The User may only use, distribute, publish or in any other way make use of the Intellectual Property or the Website s’ content with written prior consent of AEC.

4.2. The User shall at all cost avoid to infect the Website with viruses, worms, ‘trojan’ or any other code that has malicious, contaminating or destructive properties nor shall the User damage, interfere with or intercept any data or information contained on the Website.

4.3. Access and use of the Website is for information and demonstration purposes only. The opinions, articles, press releases, statements or any other form of content on the Website should not be interpreted as any sort of professional advice.

4.4. Any User accessing the Website including any links shall do so at his or her own risk. The Website may contain links to other Websites. AEC has no control over such Websites, does not review their content and will not be liable for their content or accuracy.

4.5. The Website may contain links to other Websites (‘Linked Sites’). The Linked Sites are not under the control of the proprietor of this Website and the proprietor of this Website is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The proprietor of this Website is not responsible for webcasting or any other form of transmission received from any Linked Site. We provide the aforementioned links to the User of this Website only as a convenience, and the inclusion of any link does not imply endorsement or association with the operators of any site.

4.6. Any third-party site may link to this Website provided that such a link is directed at the home page of this Website. It is expressly prohibited for any person, business, entity or web site to link any page other than the home page of this Website, without the prior written approval of the proprietor of this Website.

4.7. It is expressly prohibited for any person, business, entity, or Website to frame any page of this Website, including the home page, in any way whatsoever, without the prior written approval of the proprietor of this Website.

4.8. Notwithstanding the fact that there are hyperlinks in these Terms and Conditions, pertaining to copyright notices and legislation, the hyperlinks should be deemed to be part of these Terms and Conditions in terms of Section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.

5. NO WARRANTIES OR LIABILITIES

5.1. The AEC does not warrant that any files, links or documents that may be downloaded from the platform are free of viruses, worms, “Trojan Horses” or any other code that might have malicious, contaminating or destructive properties. With regards to the aforesaid, AEC makes no warranties of any nature, regarding the Website ’s content or accuracy.

5.2. Irrespective of whether AEC has been advised of or has any knowledge of any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, and irrespective of whether this loss, injury, damage, cost, penalty or claim resulting from the use of the Website accrued directly or indirectly, the User assumes all responsibility and AEC shall not be held accountable.

5.3. The User hereby agrees to indemnify AEC and hold it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.

5.4. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, AEC shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services provided from and through the Website . Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website is free from errors or omissions or that the service will be uninterrupted and error free.

5.5. This Website is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy himself or herself, prior to entering into this agreement with us, that the service available from and through this Website will meet the User’s individual requirements.

5.6. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of AEC.

5.7. The User’s use of the Website is dependent on factors beyond our control, such as but not limited to, the User’s network coverage or availability, the User’s ISP availability or the User’s device capability or capacity.

5.8. AEC will not be held liable for any loss or damage the User may suffer if a factor beyond Its control arises and the User cannot access the Website.

5.9. In no case shall AEC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5.10 No information or data on the Website constitutes an offer to do business, but merely an invitation to consider the service provided by AEC.

5.11 No agreement shall be concluded merely by sending a data message via the contact form contained on the Website or to any email address listed on the Website.

5.12 No data message sent via the contact form contained on the Website or to any email address listed on the Website shall be deemed to have been received by AEC until a response has been issued by AEC, an automated response from AEC’s Website or any other medium operated by AEC shall not satisfy this requirement.

6. WEBSITE PRIVACY POLICY

6.1. As the User accesses and steers through the Website, certain data or information of the User can be obtained automatically. This Information usually pertains to the User’s internet protocol address, internet browsing software and domain. AEC may use this data for private and confidential purposes but will not provide this information to any third parties.

6.2. From time to time the User may provide AEC with the User’s personal information. AEC will only use such information for the purpose for which it is disclosed and will not make it available to third parties without the User’s consent.

6.3. By requesting or indicating that the User would like to receive AEC’s newsletter or any other newsletter which can be requested on the Website, the User consents to AEC sending to the User such newsletter and any other information or material which AEC deems may be of interest to the User.

6.4. AEC agrees not to use, without a User’s express consent, a User’s personal information for any purpose other than it was disclosed.

6.5. Although AEC will take every precaution to protect the private information of Users, and attempt to ensure that all of its employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, AEC takes no responsibility for the breach, loss or misuse of such private information when in possession of such parties.

6.6 We undertake never to sell or make available the personal information of a User to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.

6.7. AEC shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a User directly.

7. GOVERNING LAW

The Terms and Conditions and the User’s use of the Website shall be governed by and construed in accordance with the laws of the Republic of South Africa.  The User irrevocably and unconditionally consents to the jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms and Conditions or the User’s use of the Website.

8. INTERNATIONAL USE

The Website has functionality worldwide, notwithstanding, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any materials available on this Website are appropriate for use outside of the Republic of South Africa. Any access to materials on the Website, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.

9. PLATFORM SECURITY

9.1 AEC will take reasonable steps, to secure the electronic content, and the information provided by and collected from the User, from unauthorised access (hacking) and/or unauthorised disclosure. However, we do not make any warranties nor any representations that content will be 100% (one hundred percent) safe and secure.

9.2 General and technical information is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their own browser settings.

9.3 AEC is under no legal duty to encrypt any content or communications from and to the Website and is also under no legal duty to provide digital authentication of any page on the Website.

9.4 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, but not limited to, to the Website or the server and computer network that support the Website.

9.5 Notwithstanding criminal prosecution, any User who delivers any damaging code to the Website , whether on purpose or negligently, will, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses the proprietor of this Website and its partners / affiliates may suffer as a result of such damaging code.

9.6 Users and visitors of this Website may not develop, distribute or use any device to breach or overcome the security measures of the Website and we reserve the right to claim damages from any and all persons concerned with a security failure or breach of these Terms and Conditions.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless AEC, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. WAIVER AND SEVERABILITY

11.1 Any failure or delay by AEC to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.

11.2 In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

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