Explanatory Note & Governance Terms
1. General terms
- This document sets out the terms and conditions (the “Terms”) of Ecowalla. The information contained on the website are of descriptive nature only, are not binding and do not – unless explicitly referred to herein – form part of these Terms.
- The Terms concerns the access and use of the information, tools and functions (the “Functions”) on the Ecowalla Platform, accessed on the website https://ecowalla.org(the “Platform” or “Ecowalla”).
- The Terms apply to any individual that makes use of the Platform, through any means, which includes any associated mobile applications or websites.
- The Terms constitute a legally binding agreement between any user, whether registered or not (“you”) and Ecowalla Sustainability. For the purposes of these Terms, any reference to “we”, “us”, “our” and/or any similar term, refers to Ecowalla Sustainability.
Any reference to “you”, “user” or “person” refers to you as the user of the Platform, whether you are an individual or represent a legal entity.
- By using Ecowalla, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Platform.
- Please read the Terms carefully before using the Platform as they affect your legal rights and obligations.
- Should any person that gains access to the Platform disagree with any of the Terms, the person must refrain from accessing the Platform and/or using our Functions.
- Ecowalla reserves the right, in its sole discretion, to amend and/or replace any of, either in part or in its entirety, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Platform. Each time a user accesses the Platform and/or uses the Functions, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Ecowalla from time to time. If you do not agree with the amended Terms, you should refrain from using the Platform.
- Ecowalla will only collect necessary relevant personal data which is required for your use of the Platform, in accordance with GDPR. The storage, use and any rights linked to such personal data, is governed by a separate person data declaration which requires your consent prior to your use of the Platform. Any amendment to our personal data declaration and any changes in the use of the personal data collected by you, will require our prior notice to you of such changes and a new consent declaration from you if necessary under the applicable personal data legislation and regulations.
- For questions regarding the Terms please contact us as soon as possible. See clause 1.1 below for contact details.
2. Registration for and use of the Platform
As a user of the Ecowalla Platform, you hereby agree that you, or through a third party, shall not:
- copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Platform for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
- decompile, disassemble or reverse engineer any portion of the Platform;
- write and/or develop any derivative of the Platform or any other software program based on the Platform;
- modify or enhance the Platform. In the event of a user effecting any modifications or enhancements to the Platform in breach of this clause, such modifications and enhancements shall be the property of Ecowalla;
- without Ecowalla prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Platform by persons other than the user;
- remove or non-authorised use of any identification, trademark, copyright or other notices from the Platform;
- post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Platform, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, ob-scene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or notwithstanding anything contained to the contrary in these Terms, use the Platform for any purpose other than personal, non-commercial and informational purposes.
3. Content of the Platform
- Ecowalla reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Ecowalla Platform and any information or content on the Ecowalla Platform.
- Ecowalla reserves the right to change and amend any events, seat fees and event information quoted on the Ecowalla Platform from time to time without notice.
- Ecowalla may use the Functions of third parties to provide information on the Ecowalla Platform. Ecowalla has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that Ecowalla and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
- Ecowalla has the right to engage subcontractors to perform the entire or partial development and execution of the Ecowalla Platform from time to time.
- Ecowalla makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Ecowalla Platform, including without limitation:
Ecowalla does not warrant that the Ecowalla Platform or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. Ecowalla expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;Whilst Ecowalla has taken reasonable measures to ensure the integrity of the Ecowalla Platform and its contents, no warranties, whether express or implied, are given concerning the availability of any files, downloads or applications via this platform are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
Ecowalla disclaims any responsibility for the verification of any claims. Information on the Ecowalla Platform may be published in the format received by Ecowalla and statements from external parties are accepted as fact.
4. Linked third-party websites and third-party content
- Ecowalla may provide links to third party websites on the Ecowalla Platform. These links are provided to the user for convenience purposes only and Ecowalla does not endorse, nor does the inclusion of any link imply the Ecowalla endorsement of such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
- While the Ecowalla tries to provide links only to reputable websites or online partners, Ecowalla cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of Ecowalla. Ecowalla is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Ecowalla Platform.
- You agree that the Ecowalla shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Ecowalla Platform. Any dealings that you may have with any linked websites, including advertisers, found on the Ecowalla Platform, are solely between you and the third-party website.
- In order to ensure the security and reliable operation of the Functions to all users on the Ecowalla Platform, Ecowalla hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
- You may not utilise the Ecowalla Platform in any manner which may compromise the security of the Ecowalla networks or tamper with the Ecowalla Platform in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Ecowalla Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Platform, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Ecowalla suffer any damage or loss, civil damages shall be claimed by Ecowalla against the perpetrator.
- Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Ecowalla and its affiliates, agents and/or partners.
6. Intellectual property rights
- For the purpose of this clause “Intellectual Property Rights” shall refer to all and any of the rights in and to the intellectual property of any nature whatsoever owned and/or controlled directly or under license by the Ecowalla Platform, now or in the future, including without limitation, the Ecowalla rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may exist in any part of the world, whether registered or not.
- All copyright and other Intellectual Property Rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Ecowalla Platform, are the property of, or are licensed to, Ecowalla and as such are protected from infringement by local and international legislation and treaties.
- By submitting reviews, comments and/or any other content (other than your personal information) to Ecowalla for posting on the Ecowalla Platform, you automatically agree to and acknowledge to be bound by these Terms.
- The user acknowledges and agrees that, to the fullest extent permitted by any applicable law, the user will not hold Ecowalla, any developers, auditors, contractors, shareholders of Ecowalla, liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use the Ecowalla Platform under any cause or action whatsoever of any kind in any jurisdiction.
- Should any liability be established related to these Terms and the Ecowalla Platform in any jurisdiction on Ecowalla or any other party referred to above, such liability shall be limited to foreseeable negligence actions by Ecowalla or any party under the direct control of Ecowalla.
- The user may in any case not claim any indirect or consequential damages, including for loss of profits, goodwill or data, under these Terms or any other document / agreement related to the Ecowalla Platform.
- The user agrees that if these Terms are found illegal or unenforceable, in whole or in part, any such provision shall be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- The applicable law governing these Terms and any contract on the Ecowalla Platform is South African law. Any dispute arising out of or in connection with the Platform, including the development and execution of the Ecowalla Platform, shall be finally settled by the ordinary courts of Cape Town, South Africa.