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ENERGY AND EQUIPMENT FINANCE (PTY) LTD

TERMS OF USE

Updated: September 2023

Welcome and thank you for your interest in Energy and Equipment Finance (Pty) Ltd (“EEF” herein). EEF is affiliated with various other companies under the umbrella of the TransAfrica Group.

  1. INTRODUCTION
    • By accessing our content, clicking on registration or submitting a request for an account or in any way using the EEF website, network, mobile application or other services, the client/user agrees to be bound by these Terms of Use.
    • By using the EEF website and creating an account on the website, the client/user acknowledges that he/she has read the Terms of Use and that the client/user agrees to be bound by said Terms of Use.
    • The EEF website enables the client/user to make use of an online shop for an extensive range of products (“the Products” herein).
    • By agreeing to the Terms of Use, the client/user warrants that –
      • The client/user is at least 18 years of age;
      • The client/user has not previously been suspended or removed from the EEF Services;
      • The client/user’s use of the services complies with all applicable laws and regulations; and
      • Any delivery addresses, including delivery addresses for return collections, are within the borders of the Republic of South Africa.
    • Third-party sellers are allowed to sell their products on the EEF website. EEF will indicate on the relevant product pages that the specific products are being sold by a third-party seller.
    • The client/user agrees to comply with all applicable laws, including and without limitation the Consumer Protection Act, 2008 (the “CPA” herein), when making use of the EEF website and/or services.
    • The Terms of Use apply to all clients/users who can be defined as consumers under the CPA.
  1. REGISTRATION AND USE OF THE EEF WEBSITE AND SERVICES
    • The client/user acknowledges that he/she might be required to register for an account and agree to terms and conditions to make use of some of the features of the EEF website.
    • The client/user acknowledges that he/she may be required to provide us with personal information on registration, including but not limited to name and surname, contact number and email address.
    • The client/user acknowledges that EEF will collect, use, store and disclose personal information in accordance with our Privacy Policy.
    • The client/user further confirms that all information provided is accurate and that he/she will keep it updated at all times.
    • The client/user acknowledges that he/she is solely responsible for keeping his/her password confidential and that he/she is responsible for all actions taken on the client/user’s profile.
    • The client/user acknowledges that he/she will be liable for payment of any order made from the client/user’s profile, irrespective of whether the use of the client/user’s username and password is authorized or fraudulent, except where such order is cancelled by the client/user in accordance with the EEF Terms of Use.
    • The client/user agrees to notify EEF immediately upon becoming aware of or suspecting any unauthorized access to the client/user’s profile. The client/user agrees to mitigate any loss or harm in these circumstances.
    • The client/user agrees that he/she will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of the EEF website and/or services.
    • The client/user agrees not to use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the EEF website or the information set out on the website without prior written consent.
    • The client/user may not use the EEF website to distribute any material that is –
      • Unlawful;
      • Harmful to minors;
      • Offensive;
      • Amounts to gate speech;
      • Fraudulent, false or misleading;
      • Defamatory or obscene; or
      • Infringes any third-party intellectual property, personal, confidentiality, or other rights.
  1. ORDERS
    • The client/user acknowledges that orders placed may be accepted or rejected depending on the availability of the Products, the correctness of the information relating to the Products (for example the description or price thereof) and the receipt of payment or payment authorization for the said order.
    • The client/user acknowledges that the agreement of sale will only come into effect when the Product(s) are delivered to the client/user irrespective of whether the client/user’s order or payment was confirmed.
    • The client/user acknowledges that the client/user will be informed of the rejection of an order by the cancellation of said order and processing a refund for the amount(s) already paid.
    • The client/user acknowledges that he/she may cancel an order at any time prior to receiving a dispatch or delivery notice.
    • The client/user acknowledges that goods may be removed from the EEF website without prior notice to the client/user even if items are in a client/user’s wish list or shopping basket as a client/user needs to complete the purchase before an order is placed.
    • The client/user acknowledges that prices and descriptions may be changed on the EEF website without prior notice to the client/user even if said items are in the client/user’s wish list or shopping basket as the client/user needs to complete the purchase before an order is placed.
    • The client/user acknowledges that EEF cannot be held responsible for information supplied by third parties and EEF bears no responsibility for any inaccuracies in said information.
  1. PAYMENT
    • Payment may be made via one of the following methods subject to its availability and/or the client/user’s eligibility to use the said payment method
      • Debit card
        • The client/user acknowledges that EEF may require additional information to authorise and/or verify the validity of payment.
        • The client/user acknowledges that products will be withheld until additional information and authorization are received.
        • The client/user warrants that he/she is fully authorized to use the debit card and that said debit card has sufficient available funds to cover all costs incurred.
      • Credit card
        • The client/user acknowledges that EEF may require additional information to authorize and/or verify the validity of payment.
        • The client/user acknowledges that products will be withheld until additional information and authorization are received.
        • The client/user warrants that he/she is fully authorized to use the debit card and that said debit card has sufficient available funds to cover all costs incurred.
      • Direct deposit or electronic funds transfer
        • The client/user acknowledges that payment must be made within 5 (five) days of placing your order.
  1. DELIVERY OF GOODS
    • The client/user acknowledges that goods will be delivered via courier.
    • The client/user acknowledges that EEF’s delivery charges are subject to change at any time without prior notice to the client/user.
    • The client/user acknowledges that the client/user will be notified if products cannot be delivered on time.
    • The client/user acknowledges that EEF is only responsible for the products until delivered and EEF cannot be held responsible for any loss or unauthorized use of a product after delivery.
  1. THIRD-PARTY SELLERS AND WEBSITES
    • The client/user acknowledges that EEF provides a platform to facilitate transactions between the client/user and third parties.
    • The client/user acknowledges that EEF is not a buyer or seller of the goods unless specified otherwise and therefore EEF is not a party to the sale.
    • The client/user acknowledges that the EEF website contains links and references to third-party websites and that EEF is not responsible for the practices and policies of those websites.
    • The client/user acknowledges that he/she uses such third-party websites at his/her own risk.
  1. CHANGES TO THE EEF TERMS OF USE
    • The client/user acknowledges that EEF may change the Terms of Use at any time and it is the client/user’s responsibility to familiarize him/herself with these changes.
    • The client/user acknowledges that changes will apply after the change has been published on the EEF website.
    • The client/user acknowledges that it is accepted that the client/user accepts the amended terms and conditions if the client/user continues to make use of the EEF website and services.
  1. LIMITATION OF LIABILITY
    • The client/user acknowledges that EEF cannot be held liable for inaccurate information published and/or incorrect places displayed on the EEF website save where such liability arises from gross negligence or willful misconduct.
    • The client/user agrees to contact EEF in the event of any possible malfunctions or errors.
    • The client/user acknowledges that EEF does not endorse any information submitted or products listed on the EEF website.
    • The client/user indemnified EEF against any direct, indirect, incidental, special or consequential loss or damages to the client/user as a result of –
      • The client/user’s access or use of the EEF website and/or services.
      • The client/user’s breach of the Terms of Use;
      • The client/user’s violation of any law or rights of a third party;
      • A dispute or issue between the client/user and any third party;
      • The client/user’s wilful misconduct;
      • Any other party’s access to or use of the services using the client/user’s account details and password.
  1. AVAILABILITY AND TERMINATION
    • The client/user acknowledges that EEF may terminate, suspend and/or modify the website without prior notice to clients/users.
    • The client/user acknowledges that, if he/she fails to comply with these Terms of Use, EEF may suspend or terminate his/her access to the website.
  1. GENERAL
    • The client/user agrees that he/she may not cede, assign or otherwise transfer his/her rights and obligations in terms of these Terms of Use to any third party.
    • The client/user acknowledges that any failure to enforce rights in terms of this agreement by EEF does not constitute a waiver of that right.
    • The client/user acknowledges that if any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • The client/user acknowledges that no variation, addition, deletion, or agreed cancellation of the Terms of Use will be of force and effect unless reduced to writing and accepted by both parties.
    • The client/user acknowledges that no indulgence, extension, relaxation or latitude which any party may show grant or allow the other shall constitute a waiver of the rights.
    • The client/user acknowledges that these Terms of Use contain the whole agreement between the client/user and EEF and no other warranty or undertaking is valid unless contained in this document or agreed to in terms of clause 10.4 hereof.