Terms of Use
Please read these terms and conditions before using this website as your use of this website for any reason whatsoever will mean that you have voluntarily accepted these terms and conditions.
Application of Terms and Conditions
Decarb AG ("we", "our" or "us") welcome you to our website www.decarb.earth ("Website").
These terms and conditions ("Terms") apply to any person (hereinafter referred to as "you" or "your") who uses, accesses or views, the information, content, material, images and intellectual property ("Content") made available by us on or through the Website or sent to you via email from the Website.
If you purchase our products and/or services you will in addition to these Terms, be subject to our Terms of Purchase and any additional policies or documents incorporated therein by reference. Nothing contained on the Website is an offer, but rather is an invitation to do business.
Your Agreement to These Terms
The Website is only intended for individuals aged 18 (eighteen) years or older. By accessing and/or using the Website you agree and warrant that you are 18 years or older, have reached the age of majority in your jurisdiction and are legally competent to enter into this agreement and abide by these Terms.
These Terms may be updated or amended by us at any time in our sole discretion. Each time you access and/or use the Website, it is your responsibility to review these Terms and our Privacy Policy in the event that updates, or amendments have been made.
If you do not agree with any term or condition in these Terms, or any policies or additional documents we incorporate by reference or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website.
Your Use of the Website
You may not use the Website to obtain or distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software or the functionality or operation of any part of the Website and Content.
You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received or used by you, and you shall be responsible for all electronic communications, information and content sent by you from any computer or electronic device to us, which for the avoidance of doubt will be sent at your own risk.
Subject to the further provisions of these Terms
1) the Website and Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website and Content;
2) you may not frame, modify, copy, distribute, commercialise, sell exploit and/or alter the Website or Content or any part thereof or incorporate any part of the Website or Content in any other work, content or publication (including on other websites) or use the Website other than in accordance with these Terms.
Any restrictions on the use of the Website and Content shall apply to any part of the Website and Content, which may be cached when using same.
You shall not misrepresent your identity or any other information in any communication or engagement with us (or our authorised representatives) or during your use of the Website and Content, including in the course of purchasing our products and/or services.
You shall not allow a third party to decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website or any files contained in or generated by the software by any means whatever.
Intellectual Property Rights
The Website and Content are owned by us and protected under both South African and foreign laws. We grant you a non-exclusive, worldwide, non-transferrable licence to use the Website for personal, non-commercial use only which may be revoked by us at any time in our sole discretion.
You agree that you will not engage in the use or distribution of the Website and/or Content (or any part thereof) other than as expressly permitted herein. For the avoidance of doubt, you must obtain our written permission before you share any of our Content with anyone else or use it for any purpose and in any manner save as expressly permitted herein.
Any reproduction, duplication, modification, selling, exploitation, copying, creation of derivative works or redistribution of the Website and Content, including the design, graphics and appearance of the Website and Content is expressly prohibited. Copying, duplication and/or reproducing the Website and Content or any part thereof to any other server or location for further reproduction, redistribution and/or selling is also expressly prohibited.
You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying or enforce limitations on the use of the Website.
Nothing on the Websites should be construed as granting to you, by implication, or otherwise, any license or right to use any trademarks (whether registered or not), tagline or logo, without our prior written permission specific for each such use.
We reserve all intellectual property and other rights not expressly granted herein to the Website, and Content as well as to any and all marketing material (including promotional communications) created or used by us in connection the Website, Content or our products and services.
Collection of Personal Information
We may collect personal information from you when you log in to our Website, create an account on our Website and purchase the products and/or services made available on our Website. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.
To find out what kind of personal information we collect and the purposes for which your personal information will be used, please read our Privacy Policy which can be found on the Website.
Confidential Information
Please do not email us confidential information (or disclose the confidential parts of your communication) as all emails and communications sent by you to us including but not limited to questions, ideas, concepts, comments, feedback, suggestions and the like may be used by us in the development, promotion and marketing of our Website, Content, products and services, or for any other purpose whatsoever without compensation or accreditation to you.
External Websites
The Website and Content may contain links to third party websites ("External Websites"). These links are provided “as is” and for your convenience only and are not an endorsement by us of the content, information or views expressed thereon.
If you link to External Websites, you will be subject to those External Websites' terms and conditions, privacy and other policies, therefore we advise and recommend that you review and comply therewith. We do not take any responsibility for the content and information that appears on External Websites (even if our Website or Content is linked thereon), nor do we accept liability for any damage or loss of any nature whatsoever and howsoever arising from your use of such External Websites (which use is at your own risk) or any use of External Websites by any third-party.
You agree that we cannot be liable for any illegal, offensive or defamatory communication, information or content on any External Websites or any behaviour associated or in connection therewith.
The provisions below ((1) Indemnity and Limitation of Liability, (2) Exclusion of Warranties and Representation and (3) Accuracy of Information) constitute an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood these provisions.
Indemnity and Limitation of Liability
Neither us nor any of our agents, officers, subsidiaries, affiliates, partners, successors, assigns, directors, shareholders, group companies, resellers, service providers, distributors, contractors, suppliers, employees or representatives (“Ancillary Parties”) are responsible for your actions or omissions arising out of or in connection with your use of the Website and Content
To the fullest extent permitted by law, you agree to defend, indemnify us and hold us and our Ancillary Parties harmless from and against any and all claims, actions, applications, demands, direct, indirect, incidental, special and/or consequential loss and/or damage (including but not limited to loss of income, revenue, profits, savings, business, time and goodwill), and all liabilities, costs, debts, and expenses (including professional and attorney fees) whether caused by negligence, breach of contract or otherwise, arising out of or in connection with:
i) your use of and access to the Website and Content;
ii) your use of any External Websites or services linked thereon whether linked on the Website, in our Content or otherwise;
iii) your inability (for any reason whatsoever including but not limited to security breaches, operational delays, computer viruses, system and other updates and minimum order requirements) to use and access the Website and/or purchase the products and services made available thereon;
iv) your violation or breach of any of these Terms, any documents incorporated herein by reference or our Privacy Policy;
v) the unauthorised use, access to or theft of your personal information and/or data and/or the personal information and/or data of your customers;
vi) the unauthorised use of your account or any password protected Content;
vii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other intellectual property or privacy right; and
viii) any claim that your use of the Website and/or Content caused damage to a third party.
To the extent permitted by law:
i) our total liability and the total liability of our Ancillary Parties shall be limited to the amount of R100 (one hundred Rand), save where you purchase any of the products and/or services made available on the Website, in which case our total liability and the total liability of our Ancillary Parties shall be limited to the amount you paid to us for products and/or services purchased;
ii) all indemnities and limitations of liability in these Terms shall survive termination, modification or expiration of these Terms and termination of your use of the Website.
No provision of these Terms:
i) does or purports to limit or exempt us from any liability to the extent that the law does not allow such a limitation or exemption; and
ii) requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
Exclusion of Warranties and Representations
The Website and Content are provided 'as is' and 'as available'. As far as the law allows, the Website and Content are made available without any representation or warranty whatsoever, whether express, implied or statutory, including without limitation any representation or warranty as to the suitability, operation, accuracy, quality, integrity, compatibility, completeness, correctness, good-use, availability, performance, fitness for a particular purpose, merchantability, reliability or functionality.
Further, we do not warrant or represent:
i) the security of any information provided, submitted or transmitted to or from us through the Website or otherwise;
ii) the Website and Content will be error, omission or virus free or that your access will be uninterrupted and error free; and
iii) that you will attain any particular result from your use or non-use of the Website and Content.
You, your employees, agents and representatives warrant that:
i) you will comply with the provisions of relevant legislation, including but not limited to, the Financial Intelligence Centre Act 38 of 2001 (as amended), which are applicable to your use of the Website;
ii) you have the necessary licences, consents, and approvals required to use and interact with the Website; and
iii) you will take all reasonable steps to ensure compliance with the warranties contained herein.
Accuracy of Information
You understand and agree that the information provided on or through the Website and Content including the details regarding prices, offers, products and services may change from time to time. The Website and Content may therefore not always contain the correct or most up-to-date information, details and descriptions.
While reasonable effort has been made to ensure the accuracy of the information provided on or through the Website and Content, we do not guarantee the accuracy of such information or that the information is current and applicable to you. You acknowledge that the Website, and Content may contain technical, typographical or other inaccuracies or errors for which we shall not to the fullest extent permitted by law be liable for.
We reserve the right to make changes, corrections, updates and/or improvements to the Website and Content at any time without notice.
Protected Content
Certain Content, information and features of our Website may be password protected. You agree to keep user details and passwords for your account confidential at all times and to not disclose them to any third party. Our right to terminate your access to any password protected information and Content is strictly reserved and can be exercised by us immediately upon becoming aware that you have shared your username and/or password with a third party.
You shall notify us immediately if you become aware of any unauthorised use of your account and shall indemnify us against any and all claims, actions, applications, demands, losses and/or damages (whether direct, indirect, special and/or consequential), costs and expenses (including professional fees) and any other liability, which arises from any unauthorised use of your account.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
Termination
We reserve the right to terminate your access to the Website and Content at any time, for any reason, without notice. To the extent permitted by law, your obligations under these Terms shall survive termination of your access to the Website and Content.
Violation of Terms
Please report any violations of these Terms including any documents incorporated herein by reference that you become aware of by contacting us at team@decarb.earth
Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
Interpretation and Dispute Resolution
These Terms including any documents incorporated by reference and the relationship between us and you shall be governed and construed in accordance with the laws of the Republic of South Africa.
You agree to notify us of any issues or dissatisfaction that arises via e-mail correspondence prior to taking any legal action. Should we be unable to seek resolution within a reasonable time, you agree that the dispute shall be finally resolved through arbitration, before a single arbitrator, in accordance with the Arbitration Act, 1965 and the Commercial Arbitration Rules of the Arbitration Foundation of South Africa.
We shall jointly appoint and agree on the arbitrator but failing agreement between us within 10 (ten) business days of the arbitration being demanded, we shall appoint the arbitrator in our sole discretion.
The arbitration shall be held in Johannesburg, South Africa and the parties shall endeavor to ensure that it is completed as expediently as possible without delay after notice requiring the dispute to be referred to arbitration is given or demanded.
You agree that you shall not unduly delay, frustrate or fail to take action to progress or complete the arbitration proceedings. The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
The ruling of the arbitrator, in the absence of manifest error, shall be final and binding on the parties and the party in whose favour the award is granted shall be entitled to all reasonable fees (including attorney fees) and the costs necessary to enforce the decision of the arbitrator.
In the event of a dispute, you agree not to engage in or be responsible for any defamatory, harmful, negative or disruptive behaviour or communications, whether private or public that could adversely affect us, our business, Website, Content or good will in any manner whatsoever.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor will it affect any of our accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after termination of these Terms.
If any provision of these Terms is or becomes illegal, invalid or unenforceable such provisions shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
How to contact us
If you have questions about these Terms, or any documents incorporated herein by reference, please contact us at team@decarb.earth.
Last updated 6 November 2024