Terms and Conditions
The following are the terms and conditions for use of the all services offered
by myenergy.co.za (each feature individually and collectively referred to as
the "service"). Please read them carefully. The Service is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein.
1. USER PRIVACY
It is myenergy.co.za's policy to respect the privacy of its users.
myenergy.co.za will not monitor, edit, or disclose any personal information
about you or your use of the Service, including its contents, without your
prior permission unless myenergy.co.za has a good faith belief that such action
is necessary to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of myenergy.co.za; or
(3) act to protect the interests of its members or others. myenergy.co.za does
provide certain user information in aggregate form to third parties, including
its advertisers, for demographics. For more information, see the Privacy
Statement.
2. USER CONDUCT
As a condition of your use of the Service, you warrant to myenergy.co.za that
you will not use the Service for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. Any unauthorized commercial use of the
Service, or the resale of its services, is expressly prohibited.
You agree to abide by all applicable local, provincial, national and
international laws and regulations and are solely responsible for all acts or
omissions that occur under your use of the Service. By way of example, and not
as a limitation, you agree not to:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Publish, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information.
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Advertise or offer to sell or buy any goods or services for any non-personal
purpose.
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Harvest or otherwise collect information about others, including email
addresses, without their consent.
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Create a false identity for the purpose of misleading others as to the identity
of the sender or the origin of a message.
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Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity that is not a Service member any directory of the Service
members or other user or usage information or any portion thereof other than in
the context of your use of the Service as permitted under the Terms and
Conditions.
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Transmit or upload any material that contains viruses, trojan horses, worms,
time bombs, cancel bots, or any other harmful or deleterious programs.
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Transmit or upload any material that contains software or other material
protected by intellectual property laws, rights of privacy or publicity or any
other applicable law unless you own or control the rights thereto and/or have
received all necessary consents.
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Interfere with or disrupt networks connected to the Service or violate the
regulations, policies or procedures of such networks.
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Attempt to gain unauthorized access to the Service, other accounts, computer
systems or networks connected to the Service, through password mining or any
other means.
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Interfere with another member's use and enjoyment of the Service or another
individual's or entity's use and enjoyment of similar services.
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myenergy.co.za has no obligation to monitor the Service or any user's use
thereof or retain the content of any user session. However, myenergy.co.za
reserves the right at all times to monitor, review, retain and/or disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request.
3. DISCLAIMERS/LIMITATION OF LIABILITY
The information and services included in or available through the Service may
include inaccuracies or typographical errors. Changes are periodically added to
the information herein. myenergy.co.za and/or its respective suppliers may make
improvements and/or changes in the Service at any time.
myenergy.co.za does not warrant that the Service will be uninterrupted or
error-free, that defects will be corrected, or that the Service or the server
that makes it available, are free of viruses or other harmful components.
myenergy.co.za does not warrant that the use or the results of the use of the
Service or the materials made available as part of the Service will be correct,
accurate, timely, or otherwise reliable.
You specifically agree that myenergy.co.za shall not be responsible for
unauthorized access to or alteration of your transmissions or data, any
material or data sent or received or not sent or received, or any transactions
entered into through the Service. You specifically agree that myenergy.co.za is
not responsible or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. You specifically
agree that myenergy.co.za is not responsible for any content sent using and/or
included in the Service by any third party.
myenergy.co.za and/or its respective suppliers make no representations about
the suitability, reliability, availability, timeliness, and accuracy of the
service for any purpose. The Service is provided "as is" without warranty of
any kind. myenergy.co.za and/or its respective suppliers hereby disclaim all
warranties and conditions with regard to the service, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
In no event shall myenergy.co.za and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the Service or related web sites, with the delay or inability to use the
Service or related web sites, the provision of or failure to provide services,
or for any information, software, products, services and related graphics
obtained through the service, or otherwise arising out of the use of the
service, whether based on contract, tort, negligence, strict liability or
otherwise, even if myenergy.co.za or any of its suppliers has been advised of
the possibility of damages. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. If you are dissatisfied with any
portion of the service, or with any of these terms of use, your sole and
exclusive remedy is to discontinue using the service and its related web sites.
4. INDEMNIFICATION
You agree to indemnify and hold myenergy.co.za, its parent companies,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees, asserted by any third
party due to or arising out of your use of or conduct on the Service.
5. TERMINATION
myenergy.co.za may terminate access to any part or all of the Service and any
related service(s) at any time, with or without cause, with or without notice,
effective immediately, for any reason whatsoever.
6. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with Advertisers on the Service or participation in promotions,
including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such dealings
or promotions, are solely between you and the Advertiser or other third party.
myenergy.co.za shall not be responsible or liable for any part of any such
dealings or promotions.
7. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements or electronically distributed, commercially
produced information presented to you by the Service, by myenergy.co.za, or
myenergy.co.za's Advertisers or other content providers, is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. You may make a copy of this content for your personal, non-commercial use
only, provided that you keep all copyright and other proprietary notices
intact. You may not modify, copy, reproduce, republish, upload, post, transmit,
or distribute in any way content available through the Service and its
associated Web sites, including code and software.
8. MODIFICATIONS TO TERMS OF SERVICE
myenergy.co.za reserves the right to change the TOS or policies regarding the
use of the Service at any time and to notify you by posting an updated version
of the TOS on this Web site. You are responsible for regularly reviewing the
TOS. Continued use of the Service after any such changes shall constitute your
consent to such changes.
9. GENERAL
This agreement is governed by the laws of the Republic of South Africa. Use of
the Service is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and myenergy.co.za as a result of this
agreement or use of the Service. myenergy.co.za's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of myenergy.co.za's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Service or information provided to or gathered by
myenergy.co.za with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and myenergy.co.za with
respect to the Service (excluding the use of any software which may be subject
to an end-user license agreement) and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and myenergy.co.za with respect to the Service. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. You and myenergy.co.za agree that any cause of
action arising out of or related to this Service must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred. The section titles in the TOS are solely used for the
convenience of the parties and have no legal or contractual significance.
10. COPYRIGHT NOTICE:
All contents of the Service are:
Copyright 2008 Knowledgesoft
All rights reserved.
Any rights not expressly granted herein are reserved.
2008 Knowledgesoft. All rights reserved.